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Pursuant to and by virtue of the authority set forth in Sec 23-3.4, Kauai County Code, and Chapter 91, HRS, the Director of the Office of Economic Development of the County of Kauai adopts the following rules and regulations for the Sunshine Market under the Department of Economic Development.
General ProvisionsIn recognition of the need to help reduce the high price residents must pay for fresh agricultural products and the need to support the economic viability of agriculture in the State of Hawaii, the County of Kauai has established the Sunshine Market Program. This program is intended to reduce the cost of fresh produce to residents and to implement the County's economic policy through assisting in the development of markets for locally grown agricultural products.
1. The Permit to Sell shall be displayed at all times during the market. This is so that the market coordinators and customers will know with whom they are dealing. The Permit is good only for the market sites indicated.
2. Vendors may not sell until the Market Coordinators have given the signal for the market to begin. Produce shall be covered and unavailable to the customers until this signal is given. This is to eliminate pre-market sales, including sales to other vendors, and to ensure that customers arriving at the proper market time have the same chance to purchase scarce produce that early arrivers have. Any sales activity before this signal is a violation of the Revocable Permit.
3. Vendors shall be in their assigned stalls no later than 15 minutes before the scheduled start of the market. The market time shall be the customary and published time.
4. Prices shall be posted without exception in a manner so that the average customer will know the price of an item without having to ask.
5. Only produce- unprocessed fruits, vegetables, nuts, flowers and plants grown on Kauai- may be sold at the Kauai Sunshine Markets. Violation of this rule is grounds for immediate cancelation of a Vendor's permit. This is a condition of every Permit. Sale of commercially sourced produce is a violation of the Permit, the intent of the market and the rights of your fellow vendors who obey this rule. The Sunshine Markets were set up to provide farmers an outlet for their farm grown produce, not to enable someone to start a commercial vegetable stand. For example, sale of Dole pineapple, Kamuela cabbage, etc. is a violation of the permit.
6. The following products are prohibited for sale at the Sunshine Markets: Meat, meat products, fish, shellfish, sliced vegetables or fruit, processed products, honey or any other product requiring special handling under State sanitary and health regulations. The exception to this rule is the sale of live farmed fish permitted by amendment to 23-3.4 RCC of Kaua‘i.
7. Sales report must be handed in to the Market Coordinators after each market. The purpose for this is so that the County can see how effective the market is over time- not to keep track of how much individual vendors are selling. No records are kept of sales by individuals.
8. The Sunshine Markets are to be kept clean and safe. The Vendor shall execute all operations in a safe and sanitary manner. Common sense is required here; if you arrive late and your assigned stall is in the middle of the market, take a stall at the entrance of the market rather than driving through a crowd of customers to an assigned spot in the middle of the market.
9. The Vendor shall obtain and maintain in force Automobile Liability Insurance covering any vehicle used to transport and sell products at the Sunshine Market. This insurance shall include no fault and bodily injury coverage of not less than $300,000 per occurrence and property damage coverage of not less than $30,000 per occurrence. Evidence of this insurance coverage shall be furnished to authorized persons upon request, and failure to have this insurance shall be sufficient grounds for termination of the Vendor's permit.
10. The Vendor is deemed to be an Independent Contractor and not the agent, employee, partner or joint venturer of the County. The Vendor shall comply with applicable County, State and Federal laws, regulations, ordinances and rules and shall exonerate, indemnify, and hold harmless the County from any and all claims arising from the Farmer's participation in the Sunshine Market.
11. Violations of the rules shall result in suspension from the market, and repeated or flagrant violations shall result in revocation of the offender's permit. Determination to revoke a permit shall be made by the Director of the Office of Economic Development or a designated representative at the recommendation of the Market Coordinators or OED staff member.
12. The Market Coordinators may suspend Vendors for up to two weeks for infractions of the rules. Stalls or locations may be reassigned by the Market Coordinators for chronic late arrival or lack of regular participation.
13. Appeals of revocations or suspensions shall be made in writing to the Office of Economic Development and shall detail the reasons for why the penalty should not be exacted. These reasons shall have to do with the findings in fact and not interpretation of the rules which shall be the sole responsibility of the Director of Economic Development or a designated representative.
14. Vendors may petition for a change of rules by means of a petition signed by thirty vendors holding Sunshine Market permits. The permit shall refer to the rule to be amended and shall shall have the specific language of the proposed change. The Director of the Office of Economic Development may initiate a change of the rules through a process of public hearing, if such a change is deemed to be in the public interest.
OFFICE OF ECONOMIC DEVELOPMENT
4280 B Rice Street Lihue, HI 96766
Phone 241-6390 Fax 241-6399
April 1992
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