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(a) All food that is offered for sale or sold at a farmers market shall be protected from contamination and from the elements at all times while such food is being stored, displayed or sold at a farmers market and during its transportation to the market.
(b) All food that is offered for sale or sold at a farmers market shall be clean, wholesome, free from spoilage, adulteration, contamination or misbranding, and safe for human consumption. The standards for judging the wholesomeness of food for human consumption shall be those promulgated by the United States Department of Health and Human Services, Food and Drug Administration, and published in the Code of Federal Regulations at 21 C.F.R. 130, as amended.
(c) All permitted prepackaged and non-perishable food or beverages offered for sale or sold at a farmers market shall have been processed in an approved food- processing establishment.
(d) Without the express written permission of the Commissioner pursuant to Section 4-12-090, no grower or producer shall cook, cut or otherwise prepare food at a farmers market.
(Added Coun. J. 11-4-98, p. 81181; Amend Coun. J. 1-20-99, p. 88037; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 15)
(a) In addition to any other penalty provided by law, any person who violates this chapter or any rule promulgated hereunder shall be subject to a fine of not less than $50.00 nor more than $500.00 for each offense. Each day a violation continues shall constitute a separate and distinct offense. The Commissioner may institute an action with the Department of Administrative Hearings in order to determine liability and to seek fines or other remedies authorized by this section.
(b) Following notice and an opportunity for a hearing before the Commissioner, the Commissioner may suspend or revoke a person’s permit or deny a person’s permit application if such person is found liable in a judicial or administrative proceeding of two or more violations, in any combination, of this chapter or any rules promulgated hereunder within any 12-month period. The subject matter of any hearing conducted pursuant to this subsection (b) shall be limited to determining whether the permittee has, in fact, been found liable in a judicial or administrative proceeding of two or more violations, in any combination, of this chapter or any rules promulgated hereunder within any 12-month period.
(c) If the Commissioner has good cause to believe that: (1) a permittee under this chapter is operating a space in the market in violation of this chapter or any other applicable law; and (2) continued operation of such space in the market poses an imminent danger to the public health or safety, the Commissioner may order the immediate temporary suspension of the applicable permit for a period not to exceed ten days. Written notice of the temporary suspension and the grounds for that suspension shall be sent or delivered to the permittee without delay. The permittee shall have an opportunity for a hearing before the Commissioner prior to the expiration of the ten-day temporary suspension period. If the permittee fails to request a hearing within the prescribed time indicated on the notice, or requests a hearing but fails without good cause to appear at such hearing, such person’s permit under this chapter shall be deemed to be revoked. Nothing in this subsection shall prevent the suspension or revocation of such permit for a longer period pursuant to an action instituted by the Commissioner in the Department of Administrative Hearings.
(Prior code § 35.1-13; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-13-19, p. 96592, § 16)
Additional open air markets that are not farmers markets as defined in Section 4-12-010, including but not limited to pilot programs for such open air markets, shall be conducted under the authority of the Commissioner in accordance with rules duly promulgated by the Commissioner.
(Added Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 17)