S.C. Code Regs. § § 5-190
Section A--ORGANIZATION
Applicability
These Rules and Regulations are applicable to each State Farmers' Market now in existence and are intended to apply to such additional State Farmers' Markets as may be created from time to time pursuant to law. Where the term "market" is used in the singular, it is intended to refer to each market within the system.
Operation
The South Carolina State Farmers' Markets are owned and operated by the South Carolina Department of Agriculture.
Purposes
Purposes of the South Carolina State Farmers' Markets are:
Organization
The South Carolina State Farmers' Market shall be operated by personnel of the South Carolina Department of Agriculture, a designated manager shall be the principal person in charge of directing and supervising over-all market operations at each market.
Section B--AUTHORITY, DUTIES AND RESPONSIBILITIES OF MARKET MANAGER
Supervision:
The manager shall have the authority to employ and supervise such personnel as may be needed to properly conduct the general operations of the market, including but not limited to secretarial assistance, persons referred to as "gate attendants" to collect gate fees from vehicles entering the gate, collect fees from persons operating under retail and wholesale sheds, keep watch of gates during hours when the market is closed to business operations, and perform other related duties as may be requested by the manager; employ personnel designated as "market attendants" to maintain the upkeep of market buildings and grounds, and employ, contract for hire or otherwise charge for services related to repairing damage to the market and operating the market in a sanitary manner.
Collections:
The manager shall assess and collect the necessary fees, charges and rentals to cover the costs of market operation.
Enforcement of Rules:
The manager shall enforce rules, regulations, and policies promulgated by the South Carolina Department of Agriculture.
Control:
The manager shall have the general control and supervision of the market, its buildings, streets, and alleyways and the adjoining areas, and shall collect all fees and rentals from all renters and users of the market.
Section C--FEES, RENTALS, REGISTRATION AND SPACE ASSIGNMENTS
Farmers, producers, merchants and others selling produce or occupying space on the Market must contact the Market Manager or his representative before engaging in business or deliveries. The Market Manager or his representative will assign space and collect fees according to a published schedule.
Other loaded vehicles will be required to pay a fee at the gate prior to entering the market.
Fees for open spaces will be collected on a Daily space basis.
Assignment procedure is first-come, first-served, consistent with areas that may be designated by the Market Manager for specific types of produce.
Section D--OPERATIONAL RULES AND REGULATIONS
Abandonment will be in effect when articles remain on the premises 24 hours after the expiration of rental. No buyer, vendor, renter or user or other person shall abandon produce, vehicles, or other articles on the market. Abandoned produce that is edible will be donated to a charitable institution if possible. Abandoned vehicles will be turned over to proper authorities to be impounded at owner's expense. All other items will be subject to market manager's discretion and will be removed at the owner's expense
No person shall add to, modify, or construct a building upon the Market without prior written approval of the market manager and compliance with all applicable building codes.
No person may erect, maintain, or display any signs or displays at their market space, except for product pricing, without prior written approval of the market manager. No person shall place any advertising matter, displays or other literature not directly pertaining to their stand or specific to their items. This includes, but is not limited to, any political, religious, real estate or other merchandise signage.
Tenants and their employees are not permitted to keep animals on the market.
Churches or other charitable organizations must have the prior permission of the market manager to sell or solicit funds or support on the market.
Children under fourteen (14) years of age shall not roam or wander around the market unless accompanied by an adult who shall be responsible for the conduct of said minor.
All produce entering the Farmers' Markets shall be in proper containers as prescribed by the South Carolina Weights and Measures Law, if sold by weight or volume.
It is the responsibility of all lessees and renters on the market to satisfy customer complaints. Upon receipt of repeated complaints concerning the same lessees or renters, the market manager may take action in compliance with Rule D(43) herein.
Persons causing damage to market property shall be financially responsible for the cost of repairs or replacements. Such damage shall include, but not limited to, buildings, grounds, fences, gates, vehicles, and any other property owned and/or operated by the market.
Fraudulent, dishonest, or deceptive practices carried on at the market may be punishable as provided by Rule D(43) herein.
The manager may require that all produce considered of no commercial value shall be placed in appropriate containers and destroyed or removed from the market premises. The disposition of such product(s) shall be the responsibility of the person(s) or firm in whose possession the product may be. Failure to comply with this section will result in fees and/or cost of disposal charged back to tenant. Repeated failure to comply with this provision may result in denial of market services.
Only those usages of electricity approved by the market will be permitted, including use of any extension cords. Market manager also reserves the authority to charge vendors for the actual cost of electricity usage of the market outlets.
All market lessees, renters, or users shall be responsible for the conduct of their employees at all times. Lessees, renters and users must agree to advise their agents, employees, and assigns of the requirement of the State Farmers Market Rules, Regulations & Policies, and agree to ensure compliance with same, by said agents, employees and assigns.
All market lessees, renters or users are required to use all possible care in the operation of mechanical equipment used on the market property, including operation by certified operators when applicable, meeting all safety standards and registering all mechanical equipment with the Market Manager.
No person shall top or face his containers or displays with the best produce to conceal poor products underneath or to mislead customers or buyers in any way.
The market manager and all other employees of the said market shall not be interested either directly or indirectly in the commercial purchasing, buying, or selling of any products sold on said market.
The use of any spark, flame or other fire producing device is prohibited without prior permission of the Market Manager. Any heater or heating elements to be used shall comply with all safety regulations promulgated by the Fire Marshall's Office, and shall be subject to inspection by the Fire Marshall. Storage of combustible materials, including but not limited to pallets, wood, plastics, paper, cardboard and other flammable, volatile or hazardous substances is prohibited.
Possession of firearms or fireworks is strictly prohibited on market properties, unless permitted in accordance with State law.
Gambling, possession or use of intoxicants, and disorderly conduct are prohibited on market properties. No person shall come upon the market while under the influence of intoxicants.
Holding space by use of parked vehicles, small quantities of produce, etc., will not be permitted. The market manager or his duly authorized agent may remove such obstacles so as to render the space useable by another tenant.
Housekeeping or homesteading in the market is prohibited.
The manager shall have the authority to set opening and closing hours which are deemed to be in the best interest of market operations and the general public. Changes in hours currently in effect shall be posted in one or more conspicuous places and publicly announced.
The market manager may make or cause to be made any inspection or inspections of produce which may be necessary and may prohibit the sale of any produce which does not conform with legal and stated market standards.
Persons employed on the South Carolina State Farmers' Markets may be required to possess and openly display his Identification Badge. Badge applications may be filed with the Market Manager together with applicable fee payments.
Vendors must comply with all local ordinance, rules and regulations, as well as all state and federal laws pertaining to the conduct of their business.
The parking of automobiles and other vehicles of market renters and lessees and their employees shall be confined to spaces designated by the manager. Such automobiles shall not be parked on the market pavement where they will obstruct traffic or take up space necessary for the orderly operation of the market business. Vehicles shall not be parked in areas that would be detrimental to grass or landscape. Violators shall be towed at the owner's expense.
Market vendors shall confine the piling, processing, and displaying of produce to the space leased by them. Repackaging will only be allowed in areas designated by the Market Manager.
No person shall make any public outcry, engage in "hawking" or give any musical or other entertainment for the purpose of drawing customers or attracting attention.
No person shall deface or damage the buildings, loading platforms, packing sheds, streets, or any other physical equipment of said Market.
No person shall sell produce which is unsound or unwholesome or which fails to meet the standards or requirements of Federal, State or local laws and regulations. All South Carolina regulatory laws applying to weights, measures, marking of containers, sanitation or other legal requirements will be obeyed by all market tenants. In no case will produce be offered for sale that contains a total of more than ten percent (10%) decay, shriveling and/or other blemishes.
All lessees, renters and users of the market shall remove for cause and at their own expense, any vehicle or item of property upon direction of the market manager.
The market manager shall have the authority to establish selling areas for South Carolina farmers and specific products at such times as may be necessary for orderly use of the market, arrangement of parking and traffic control. In order for a farmer to be eligible to use said space for selling, he may be required, under oath, to specify that all the produce was grown on his farm and that it is being sold by himself, a member of his immediate family, or a person who has had a working part in its production on the farm. No person shall use or occupy any space other than that designated by the market manager.
Every person operating a vehicle on the property of the market shall drive said vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or do physical harm to any person. All parking signs, speed limit signs and other posted signs shall be observed. In no case shall any vehicle exceed the posted speed limits.
Stationary buildings designated for storage and/or refrigeration will be permitted only upon written approval of the market manager.
Neither the South Carolina Department of Agriculture, the market, nor any of its employees shall be responsible for any loss through theft, or otherwise, of products or any private property on the market. The market will not be responsible for personal injuries or damage to private property.
The market manager and all other employees of the market are prohibited from receiving any tips, loans, or gratuities from any buyer or seller on the market.
No lessee, renter or his employees shall do any act or use any language which appears to be intended to insult another lessee, shopper, market staff person or to intimidate a shopper or buyer into purchasing a product. The use of any profane, discourteous, harassing, or abusive language on the market is prohibited and is punishable as provided by Rule D(43) herein.
Vendors on the market shall not approach a buyer for the purpose of making a sale while said buyer is in conversation with another vendor. Buyers or vendors may not approach any buyer, vendor, or member of the public until such person has parked his vehicle in an authorized sales area.
Tenants or truckers, when leaving an assigned space shall leave the space clean for the next incoming user.
All vehicles must enter and leave the market area through properly designated entrances and exits. While on the market they are the responsibility of the registered owner. The market manager shall have the authority to direct the arrangement and movement of all vehicles on the market. (Also, see "SPEED".)
The market manager shall have the right to revoke any privilege issued to any person under the terms of these rules and regulations in case of violations of any of such rules and regulations, and such revocation is for immediate effect. Any person who has had such privilege revoked shall be barred from the market until he shall be reinstated. The revocation process shall be as follows:
A serious violation is defined as any act which poses an immediate hazard to the health or safety of market staff, vendors, or the public. Nothing herein shall be construed to restrict the ability of the market manager to consult with or request the assistance of law enforcement officials in the enforcement of these rules and regulations and state and local laws.
S.C. Code Regs. § 5-190
Statutory Authority: 1976 Code Section 46-15-20(12)