Clayton Farmers Market
Market Rules
Guidelines for vendors and staff at Clayton Farmers Market. All terms and conditions are subject to change at the Market Management's discretion.
Our Market is held in the Clayton Towers Parking lot at 1106 Clayton Lane, Austin, Texas 78723, and is open every Wednesday from 2-6 PM. The market operates year-round, rain or shine.
Fees:
Our First 10 vendors to sign up and attend 7 markets in a row, get their 8th market FREE!
Yearly membership paying Weekly:
Agriculture producer: $35 per week with a $100 annual (Lower Weekly)
Agriculture producer: $45 per week with a $75 annual (Lower annual)
(All products must be grown/raised in Texas within 150 miles of the market *exceptions can be made by management discretion)
Value-added, Prepared food, Artisan: $50 per week and $150 annually (Lower Weekly)
Value-added, Prepare food, Artisan: $55 per week and $75 annually (Lower Annual)
Food Trucks under 10': $70 per week and $150 annually
Food Trucks over 10': $100+(message with details)
If you're interested in doing a one-time pop-up for a 10'x 10' booth: $65, plus an application fee
Are you interested in an educational booth pop-up? Reach out!
We welcome Community Health & Wellness Programs, pet adoption groups, voter registration, and blood drives.
Application: All Vendors are required to pay the one-time application fee of $50. Please note this fee is a non-refundable one-time purchase. While we will get back to you as soon as possible, it may take up to 14 days for us to send a response. -Vendors who join (or reapply to join) the market will be expected to review, sign, and comply with updated market rules each February, and readmission to the market is not guaranteed.
Vendors must resubmit a new, updated application each year, along with annual membership fees. At this time, copies of permits, insurance, and any other necessary documents will be requested and collected.
Annual: An annual fee is due upon acceptance into the market and is due before the first market. The annual vendor fee is a vital contribution that ensures the success and sustainability of our farmer's market. This fee helps us promote the market through marketing and advertising efforts, such as social media campaigns, flyers, and local outreach, all designed to attract more customers and increase foot traffic. It also allows us to organize engaging community events and activities, which draw crowds and provide additional opportunities for vendors to connect with customers. Additionally, the fee supports essential operational costs, including permits, insurance, signage, and infrastructure maintenance, ensuring a safe and professional environment for everyone. Your support through this fee enables us to create a well-organized, highly publicized, and community-focused market where local businesses can thrive.
Weekly: A fee is paid for each market day for one 10'×10' booth space at Clayton Farmers Market. Each vendor is expected to pay this fee the Sunday before the market. If you plan on missing that week, please ensure the proper form on the vendor page is submitted the Sunday before the market. Failure to inform Market Management of absence will result in a fee.
Rules:
Acceptance to our market is at the sole discretion of Market Management.
All fees must be paid online via invoice or cash before the beginning of the market. Application and annual fees are due before a vendor's first market.
You must pay by Sunday, if you're planning on missing (see rules below) and fill out the day off request on the Vendor page by Sunday at the latest, otherwise, we assume you will be there and will advertise as if you are attending.
Please email all copies of all proper permits, certifications, licenses, etc., these must be received before first market
We restrict the number of vendors offering similar products. We would love to accept every vendor, but we don't need 10 vendors selling the same thing.
You are authorizing Clayton Farmers Markets and representatives to use your logo and images for marketing and promotion purposes
No Open Flames unless permitted for food vendors (no candles, incense, or smoking)
All Market rules must be read and acknowledged in the application.
Our Indemnity Agreement for each person working in the booth must be completed before vendors attend any market. The Indemnity Agreement will be emailed to each vendor upon application completion.
Please ensure you list every item you plan on selling and know we may not allow you to sell every item listed. Vendors may only sell items that have been approved on application or given written permission. The market has sole discretion to add or delete items from vendors' product offerings. If you would like to add an item, please email contact@theclaytonfarmersmarket.com for permission.
Merchandise of unacceptable quality will not be sold in our market.
If the category you apply for is currently full or if we already have enough vendors selling the same items as you, we may offer to put you on our waitlist.
Waitlisted vendors may be able to sub in when our regular vendors are absent. This may result in an opening if there is a need for this vendor.
Every vendor must be on location by 1 PM and set up and ready to sell by 1:45 at the latest.
Markets operate year-round, rain or shine. Vendors should prepare for all types of weather including cover for rain or sun and weights for winds. No refunds or discounts in fees will be given in the event of inclement weather or lack of business due to the weather.
Not showing up due to the weather will result in a fine. As long as the weather is not severe (We will send out an email of cancellation notice), we will be out there. No refunds or credits are provided for inclement weather
All Fees are final and non-refundable
Vendors are expected to be absent for no more than 8 markets they attend in a year, If Christmas Eve or Christmas Day falls on a market day, closures will occur. If a market is not designated as closed on a holiday, all vendors are expected to attend or submit a timely notice of absence.
All vendors are allowed to be absent for 8 markets out of the year with proper notice. Vendors who exceed 8 absences, without prior consent from the Market Manager, risk being expelled from the market.
If you are planning on being absent, please fill out the absent form on the Vendor tab. All day off requests need to be submitted no later than Monday. If there is an emergency, contact management immediately.
Under no circumstances, including selling out, should a vendor break down early. This disrupts the market and is a safety risk. All tablecloths, signage, and display should be left out until closing time.
No vendor is authorized to start packing up until the last 5 minutes of the Market.
No driving within market boundaries is permitted until 15 minutes after the close of any market and after 30 minutes before the market begins.
You are expected to be onsite at least 1 hour before opening. All vendors should be completely set up 30 minutes before opening.
Please ensure you are not unloading/loading or parked in a fire lane.
You are responsible for your trash and recycling. If you are offering samples, please bring your trashcan/bag and take them home to dispose of.
If you are sampling, please avoid plastic, and use an eco-friendly option.
Every Vendor is expected and responsible for the proper licensing for their booth and items sold.
You may only bring what you grow, sell or make.
If you have questions on Sales and Use Tax please use the following link: https://comptroller.texas.gov/taxes/permit/
Every vendor must have our location (1106 Clayton Lane, Austin, Texas 78723) listed on their insurance and a $1,000,000 general liability policy to cover their booth, product, and all staff working their booth.
Please submit all licensing and registration to market staff before attending our Market to ensure proper registration and avoid any delays.
Inspection of shops, farms, ranches, or kitchens may be allowed by market staff to ensure quality and authenticity.
All permits, certifications, and proper registration must be displayed as directed by the City of Austin, Health Department or governing agency.
All items sold must be disclosed in the application, and adding on an item must be submitted for approval before it can be sold at the market.
Re-selling of any products or goods is prohibited (food vendors may blend or infuse products to make a final product of their own).
All vendors must follow all city, state, and federal laws. Especially age-restricted items.
Do not play music if it is not approved by management.
Aggressive selling is not tolerated.
Limit cell phone use to checking out customers and posting where you are on your social media accounts.
Post weekly on your social media accounts, let people know where you're going to be
Know your product, and know your setup, if you have questions, reach out! We want to help, I want every single one of you to succeed and give you the place to do so.
You may use hanging lights in your booth if it is dark
We will not provide power, so please bring any generator you may need for your setup. If power cords are used, please make sure they are securely taped down.
Do not leave trash where your booth was, if you leave trash or a mess behind, you will be fined.
Be respectful of the property that we are using
Vendors are required to participate in any and all food access programs that their farm, ranch or food business qualifies to participate in. We are working on accepting SNAP, Double Up Bucks, and WIC/FMNP but the list is subject to change with notice.
Clayton Farmers Market or any staff member is not responsible for product liability, fines, penalties or the paying of sales taxes for individual vendors.
0.0825% of the total taxable sale must be paid in Sales Tax to the City of Austin where applicable.
Cottage food vendors must follow labeling guidelines from the State of Texas www.dshs.texas.gov/foods/labeling.aspx
All vendors must honestly represent their products in all writing and verbal communications.
Vendors providing samples of their product must comply with the rules governing market sanitation and health issues from the local Health Department.
All vendors must display or have in their possession: Signs clearly identifying their business name (including where production occurs) and organic Certification when promoting the produce/product as organic. Vendors using the word "organic" must follow proper national standards, and Certificate of Registration for Weights and Measures.
All Vendors selling by weight must use an approved commercial scale that is certified for legal trade by the Texas Department of Agriculture.
Code of Conduct:
Vendors must be prompt and dependable
The Market doesn't tolerate disorderly behavior and/or verbal attacks
The Market and immediate vicinity are a family/kid-friendly area, all vendors must act appropriately
Vendors must always wear shoes and shirts: Clothing should be clean and presentable and appropriate for one's trade.
Discrimination in any form is prohibited. Discrimination is the treatment or consideration of, or making a distinction in favor or against, a person based on the group, class, or category to which that person belongs, including but not limited to race, color, national origin, age, disability, economic class, sex, gender expression or sexual orientation.
Harassment based on an individual’s sex, race, ethnicity, national origin, age, religion or any other legally protected characteristics will not be tolerated. All employees, including supervisors and other management personnel, are expected and required to abide by this policy. No person will be adversely affected in employment with the employer as a result of bringing complaints of unlawful harassment.
Other standards and conduct: Vendors should be knowledgeable about products, how they are used, grown or produced, and be able to communicate these things clearly to the customers. Products should be displayed in a sanitary, presentable, and attractive manner.
Vendors are expected to be courteous, professional, and presentable at all times.
Inappropriate language or behavior, clothing, harassment, or abuse toward anyone at any market will not be tolerated and may be the reason for expulsion.
Vendors commit to not publicly disparage Clayton Farmers Market
No smoking or vaping will be tolerated near the market. If you smoke in the designated spot, please dispose of cigarette butts properly and safely. These are not to be left on-site; you must take them off-site and dispose of them.
Intoxication of any kind, (drugs, alcohol, etc.) will not be tolerated and you will be removed and not welcome back to our market.
Booth Set-up and Tear-down:
40 pounds of weight must be securely fastened to each leg of your canopy at all times. If we feel your tent isn't safe, we reserve the right not to allow you to set it up. Weights must be set up in a way to avoid injury to any person.
Vendors are responsible for their own booth set-up and tear-down
Vendors are responsible for bringing their own tables, chairs, tents, signs and/or other equipment
Tents must be no larger than 10' x 10'
Each vendor's spot will be an assigned spot of 10'x10' with a required 10' x 10' canopy, please stay in your tent and keep a clear path for customers to avoid tripping hazards. Do not block pathways and keep your products in your 10' x 10' booth. A sign in front of your booth is acceptable.
Any vendor setting up in a space that is reserved for someone else will be required to move. It is the vendors' responsibility to check weekly vendor maps prior to setting up.
Duplicate Vendors and Category Limits
We restrict the number of vendors offering similar products. Each application is thoroughly evaluated to assess how the applicant's presence will complement the overall market and fit in with the existing vendor community.
We strive to maintain a balance between agricultural, value-added, and artisan vendors. This means that we may not be able to accept new vendors in the value-added and artisan categories until we bring on more agricultural vendors. However, we do not limit the number of fruit and vegetable vendors at the market.
If the category you apply for is currently full or if we already have too many vendors selling the same items as you, we may offer to put you on our waitlist.
Waitlisted Opportunity: We offer the opportunity to sub in when a vendor selling similar absent is going to be out if a seller is interested.
Vendor Categories:
Agriculture Vendor:
A vendor that sells agriculture products that are produced on their land or leased land located in Travis County or adjacent counties. All agricultural products sold through the market must be grown within 150 miles of the market.
*(Please note that exceptions can be made at Market Management's best judgment, especially if the item can't be sourced within 150 miles)
Agriculture plant, nursery or flower products include:
Any vegetables grown by the seller from seeds, sets or seedlings
Any fruit, nuts or berries grown by the seller from trees, bushes, or vines on the sellers farm
Any plant is grown by the seller from seed, seedling, transplant or cutting
Nuts harvested from the seller's trees (shelled or unshelled)
Sprouted seeds and grains (In compliance with state and federal regulations)
Mushrooms produced and cultivated by the vendor
Honey produced by the sellers bees
Fresh-cut flowers grown by the seller
dried flowers, herbs and decorative vegetation grown or legally gathered by seller
Nursery and cut flowers require a state certificate from the Department of Agriculture. All vendors selling flowers and nursery products must also carry a tax identification number for sales tax purposes.
Agriculture animal products:
Meat, fish, dairy, and eggs from animals raised/grown themselves on their farm
Eggs produced by the seller poultry
Fish or meat from animals raised on the vendor's premises
Meat or poultry products must come from animals processed in compliance with the regulations for livestock processing (Texas Health & Safety Code, Chapter 433). Applicable permits are required. Egg vendors must have a Farmers Market Permit - Eggs Only.
Value Added Vendor/Prepared Food Vendor:
Prepared food vendors offer freshly made food and drinks available for sale and immediate consumption on-site,
These products include but are not limited to: hot/iced beverages, tacos, sandwiches, bbq and other prepared food.
Prepared Food Vendors providing un-packaged samples may do so with appropriate city and county farmers market permits. Questions should be asked directly to the local health department.
Value-added vendors sell culinary products that enhance the form, flavor, blend and/or substance of raw products, using as many local products as available under Cottage Food Laws. These include: dried herbs, spices, baked goods, jams, jellies, oils, herbal products (including salves, lotions, soaps, and teas).
Artisan Vendors:
Artisan Vendors sell handmade goods that are hand-crafted by seller with ethically and locally sourced goods or crafted by the seller. All crafts offered must be handmade by seller or family member. Artisans must comply with state sales tax. Artisan products include, but are not limited to personal care products, candles, jewelry, art, ceramics and other craft items created with wood, fabric and so forth.
Helpful Links:
https://comptroller.texas.gov/taxes/permit/
https://www.naturallygrown.org/certification-types/
https://texascottagefoodlaw.com/
https://www.traviscountytx.gov/fire-marshal/mobile-food-vendors
https://www.dshs.texas.gov/foods/labeling.aspx
https://agrilifeextension.tamu/edu/library/health-nutrition/selling-yard-eggs-in-texas/
www.texasagriculture.gov/RegulatoryPrograms/PlantQuality/NurseryFloral.aspx
Food Handlers Courses: https://www.dshs.texas.gov/foodhandlers/training/online.aspx
https://www.dshs.texas.gov/foodhandlers/training/classroom.aspx
Selling Meat at the Market: https://dshs.texas.gov/meat/default.aspx and https://www.texasagriculture.gov/regulatoryprograms/weightsandmeasures/devices.aspx
PERMITS & SALES TAX
All necessary paperwork for relevant permits from city, county, state, and federal permitting agencies required must be received, notarized as necessary and accepted by the Market Manager before a vendor may begin selling at the market. Copies of all documents must be submitted with your application.
Contact the Comptroller with all questions regarding sales tax. You are responsible for verifying all information regarding taxable foods and products. 800-252-5555 https://comptroller.texas.gov/
Loading/Unloading:
You must arrive at the market at least one hour before opening and completely set up 30 minutes before opening of the Market. Arriving late may interfere with the safety of our customers and vendors. We may not allow you to set it up if you are not there 30 minutes before opening. This is strictly at the Market Manager's discretion. Park near your designated space, for unloading and loading, be careful of sprinkler heads, damage to these may result in a fine.
Violations:
Violations of market rules will result in prompt corrective and punitive action. The following steps generally constitute this process: 1) verbal warning, 2) fines 3) additional fines, 4) suspension/expulsion from the market.
All fines must be paid before setting up for the next market. While some (not all) of these violations may get a warning first, please note that multiple occurrences lead to suspensions and expulsions from our market. Unpaid fines are also subject to expulsion from the market at the Market Manager's discretion.
Any mess left at the market: Fees accessed based on damage and quantity.
Damage to property: Fees based on damage
No Show: You will still have to pay for the day and a $30 fine.
Late (but we let you set up) or not ready to sell by the designated time: $15 fine
Insufficient or missing weights for your tent legs: $30
Late Payment: $20
Bringing unapproved items: $50
Using Market Trashcans/Dumpsters and/or dumping on site: $30
Tearing down Table, Tablecloth, and Signage Before Market Close: $15
Incorrect labeling: $15