County Farmers Markets Want a Sweeter Deal

Two permit fees for farmers markets are at the heart of a debate in St. Louis County. A manager for Clayton's market called them "duplicate fees" and said the added expense thwarted vendor participation. 

The concern over fees dates to last season, 2010, and is one held this season by multiple-vendor market officials in the county, said Kori Thompson, market master of the Kirkwood Farmers' Market. It's come to a head recently because the number of markets has grown rapidly, she said. 

Kirkwood market representatives first brought fee concerns to the attention of the St. Louis County health department, Thompson said. At the time, a restaurant owner from St. Louis city approached the Kirkwood market about selling food there. But after consulting the health department, he learned he couldn't sell without going through the permitting process. 

Most vendors, Thompson said, in the past held seasonal permits and received limited oversight from the health department. Now, many of the vendors were required to get 14-day temporary permits. The vendors said the 2010 guidelines were a new fee structure, while the health department said the guidelines represented pre-existing rules put together in a concise format. 

 manager Deborah Henderson, in a letter to the County, is calling for money to be refunded to farmers "who were unduly and mistakenly charged fees in 2011."

First, some vendors must pay $75 to obtain a seasonal food establishment permit to sell goods at any one farmers market in the county, Henderson wrote. Those affected include farmers who sell things such as uncut vegetables, jams and jellies, honey, baked goods, eggs and canned foods. That means vendors who sell at three or more markets pay in excess of $200. 

"The duplicate fees are an unnecessary added expense and limit the motivation to participate in multiple farmers markets," Henderson wrote.

Second, some vendors must pay $35 to get a temporary food establishment permit, Henderson wrote. Those affected include vendors who provide samples of baked goods; those who sell ice cream, kettle corn or snow cones; and chefs who provide samples as part of cooking demonstrations. They would have to pay nearly $500 in a season, sometimes on top of the fee for the seasonal food permit, Henderson wrote.

Vendors must also undergo health inspections and be in compliance with health codes outlined by the cities, counties and states in which they work, Henderson said.

People associated with farmers markets have been meeting with the county for almost two years in an effort to resolve the fee issue, Henderson said.

Henderson calls for immediate action be taken "to relieve the undue financial burdens and the cumbersome permit filings imposed upon farmers and other farmers market food vendors in St. Louis County by the St. Louis County Health Department."

Background on Missouri law as guidepost for fees

Henderson attributes much of the problem to what she describes as a lack of understanding over a piece of the Missouri Revised Statutes, Section 150.030. The law states that any farmer in Missouri is allowed to sell farm produce and products "free from license, fee or taxation from any county or municipality, in any quantity he may choose, and by doing so shall not be considered a merchant; provided, he does not have a regular stand or place or business away from his farm; and provided further, that any such produce or products shall not be exempted from such health or police regulations as any community may require."

In the past, Henderson said, that law was meant to protect the economic viability of farming. Today, agriculture in the form of small-scale farming is again coming into vogue. That means officials need to take care to stay true to the law. Farmers markets have become the middle man between farm and consumer. The markets provide a place for people living in the suburbs to get fresh food without having to drive well into the country. 

The state agriculture department is familiar with the issues developing over the Missouri statute and fees. A department representative said in an email:

"The department is aware of the growing interest in ... 150.030 and the vendor fees charged at farmers’ markets. We continue to work with communities (and) markets to address their questions and concerns as they bring those issues to our attention."

Health department: We'll review fees—to a point

Dr. Dolores Gunn is director of the county health department. She said Wednesday that her staff will draft a timeline in the next seven to 10 days outlining their plans for research into the matter for county council members. 

But any changes that her office implements will not go into effect until the 2012 season, Gunn said, and they will be developed with care.

Gunn said she will continue look for ways to keep fees low when the department updates its code based upon the latest federal guidelines in the coming months. 

"It's a very careful balancing act," she said.

Gunn provided several reasons for her office's approach to the fee schedule:

• The office adheres to Section 150.030 of the Missouri law by not charging farmers who sell whole fruits or vegetables at county markets. Instead, those vendors get courtesy inspections and educational information free of charge.

• Farmers markets are for-profit entities, so their vendors must pay fees to help St. Louis County recoup some of the cost of inspections on behalf of taxpayers. Nonprofits such as the Boy Scouts of America and local churches aren't required to pay such a fee.

• The fee for a temporary food establishment permit in St. Louis County is the lowest in the region. St. Louis County charges a $35 fee per event. The permit is good for up to 14 days before a new one must be purchased. By contrast, St. Charles and Jefferson counties charge $50 per event and St. Louis city charges $50 per day. "We felt pretty comfortable that we had the cheapest rate in the region," Gunn said. She said the argument that farmers may be considering taking their business elsewhere doesn't make sense to her in light of those numbers.

• Food preparation, whether conducted by vendors or restaurateurs, requires inspection under law.

• As for the seasonal fee, Gunn said her office will look a cap or discount for those who sell food at multiple county markets.

• The office won't let vendors to pay a once-a-year seasonal fee and then appear at various county markets, because a vendor is considered a separate entity with a unique menu whenever he or she appears at a market. That's because each inspection of a vendor at a farmers market costs the county $45, Gunn said. Each inspection takes an average of 30 minutes, and officials inspect vendors at each market in the county at least once each month.

Gunn said the fees charged by the health department have been in place since the county last updated its food code in 2005-06, and the department has put a greater focus on educating inspectors and the public since 2010.

"It's a very careful balancing act," she said.

Fees assessed to market vendors, counties and St. Louis City

Looking to the future

Thompson is hopeful the concerns of market officials and vendors can be resolved. The Kirkwood market has a good relationship with the health department, and it wants to ensure safety. She's been in contact with the office and is supportive of a possible seasonal cap on market fees. 

Ultimately, she wants the county to create a new classification for the markets.

"Give them a separate category … that really examines what the farmers markets are about," she said.

Reaction to farmers market fees in St. Louis County

Here's how officials with other St. Louis County markets responded when asked about fees assessed to vendors:

• "We here at Sappington are a full-line grocery store," said Randy Wood, one of the owners of the Sappington Farmers' Market. Because of that, he said, those fees don't apply to the facility.

• "We support the health department and their concern for safety of food and safety for our customers," said Angela Foley, market master at the Webster Groves Farmers Market. "It's mostly the excessive fees and all of the paperwork that these people have to do." She said she has heard concerns about the fees both from other market officials and from vendors. Most of the farmers who sell food at multiple county markets do so with the same menu or "maybe with a few variances," she said, so she doesn't see why the county couldn't look at them as a single business. She hasn't heard vendors express interest in selling at markets outside of the county. But she adds: "I believe that they probably exist." Foley said possible solutions might include a one-time fee for farmers who sell at multiple markets, a tiered fee schedule based on the locations at which a vendor operates or a seasonal fee that wouldn't require vendors to apply regularly for new permits.
• Kathy Noelker, manager of the Ferguson Farmers' Market, said the current system of fees and permits is confusing. "I am thrilled that Deb has taken this bull by the horns," Noelker said of the Clayton market manager. Her market hosts between 15 and 20 farmers each week, she said. They and other food vendors can't afford to repeatedly pay the temporary and seasonal fees. Farmers markets are an asset that bring people together and provide economic stimulus, she said. Noelker thinks the best solution would be for the county health department to create special guidelines for farmers markets. "They're applying rules for other venues to my farmers," she said.

Sources: Steve Sikes, environmental supervisor, Jefferson County Health Department; Dr. Dolores Gunn, director, St. Louis County Department of Health; St. Charles County Department of Community Health and the Environment website; St. Louis Health Department website