New Certification Ruling Stirs Controversy

A ruling last month by the California Department of Food and Agriculture about what can be sold at certified farmers markets has come under immediate and heavy fire from outraged farmers and market managers.

According to the ruling, a farmers market vendor, in addition to selling for himself and two other growers, can also sell for partnerships he makes with other growers. But he must be involved in farming the land on the partnerships’ certificates.

Critics say this could allow unscrupulous vendors to play shell games with certificates, by forming sham partnerships with other growers.

But to restrict sales of produce from such partnerships would discriminate against growers who farm with partners in favor of those who simply owned or leased their land, says Richard Estes, a lawyer from the state, who explained the ruling at a meeting of the Certified Farmers Market Advisory Committee June 11.

Farmers and managers in attendance protested that Estes’ interpretation short-circuited the intent of the regulations--to keep real farmers in the markets and exclude peddlers. The advisory committee voted to work toward the adoption of new regulations or laws that would mandate that partnerships be considered as “second certificates,” which are limited to two per farmer.

Shaun Rosendahl of Fresno, whose family is the biggest vendor at Southern California farmers markets and who farms a partnership property, countered angrily that he was honestly farming his partnership property and should be allowed to sell its produce.

“We’re going to fight this to the last day,” he said.

The managers showed no inclination to back down. Said Laura Avery, Santa Monica market manager and chair of the enforcement subcommittee, “Most of us feel it’s up to managers to take a stand, if the state can or will not do so, by adopting and applying stricter rules for their own markets.”