Benton Community Services Committee will meet at 5:30 p.m. Tuesday, January 16, 2018 at city hall in the Mayor’s conference room. The agenda follows:
COMMUNITY SERVICES / ANIMAL CONTROL AGENDA
Committee Members: Evelyn Reed, Chair; Kerry Murphy; Judd Hart; Jeff Hamm; Frank Baptist
I. Establish a Quorum / Call to Order
II. Recognition of Attendees
III. Community Services
A. Approval of Farmers Market Guidelines –See Document Text Below–
B. Petition to form Benton Municipal Property Owner’s Multi-Purpose Improvement District No. 111 (The Woodland Villas Common Project) –See Document Text Below–
IV. Other Business
Benton Farmers Market Guidelines
The mission of the Benton Farmers Market is to provide access to local, sustainable, & healthy foods in order to serve the people of Central Arkansas. While also working to enhance the quality of life in the Benton area by providing a place for community activity which fosters social gathering and interaction.
1. The market is part of the City of Benton Economic Development Department, part of the City of Benton municipal structure.
2. The City of Benton’s Economic Development Director will serve as Market Director and is responsible for the orderly and efficient conduct of the market, and for implementing and enforcing rules and regulations. The Market Director (or his/her designee) will represent the City of Benton during market functions.
1. The market will commence each Tuesday and Saturday of the season beginning May 1st and will run until November 3rd, or as otherwise set by the City of Benton.
2. The market will commence rain or shine.
3. The market will be held at the Benton Farmers Market Pavilion, located at 125 W. Ashley Street, Benton, AR 72015, which is adjacent to the Bell Building and Regions Bank in Downtown Benton.
4. Hours of operation are 8:00am-1:00pm. Vendors may arrive as early as 6:45am to begin setup and are encouraged to remain until the end of the market day to provide a full market to shoppers arriving throughout market hours.
5. Vendors should be in their spaces no later than 7:30am. After that time, access to space is not guaranteed and no moving vehicles will be permitted in the market boundaries after that time. All vendors must be prepared to sell no later than 8:00am.
6. Vendors should notify the Market Director no later than twenty-four hours before market opening time if they will be absent for that market day, which give the Market Director the opportunity to offer the space to another vendor.
Guidelines for Selling
1. We encourage all vendors to produce their products within Saline, Garland, Hot Spring, Grant, Pulaski, or Perry counties in Arkansas, though products grown and made elsewhere can be sold in the market. We ask that place of origin be clearly labeled on goods sold.
2. Prepared food vendors must have a current mobile food service license. These vendors must also purchase a Privilege License through the City Clerk’s office.
3. All vendors must post a visible sign clearly showing their business name.
4. Vendors must post prices. It is expected that prices will be fair to consumers. Collusion among vendors in attempt to influence prices is prohibited. Post-It notes or loose paper are not allowed for use in pricing products.
5. All products sold at the market should be of the highest quality and freshness.
6. All crafts sold at the market should be original in nature, meaning component materials are sufficiently altered from their original state to demonstrate fine craftsmanship.
7. All artwork and display items are subject to management approval. Displays should reflect the nature of the market and the products sold at the booth. Unapproved items must be removed immediately upon request by management.
8. Each vendor in the market must be directly involved with or knowledgeable about the production of the produce or products being sold at their booth.
9. All produce displayed for sale must be at least 12 inches off the ground with the exception of heavy or large items, such as pumpkins.
10. Vendors are not permitted to bring live animals for sale or show to the market.
11. Vendors are responsible for the action of their representatives, employees, or agents.
12. Vendors who provide samples and/or products that result in waste material such as cups, rinds, corn cobs, etc. must provide containers for waste disposal.
13. Vendors are responsible for leaving their assigned area clean at the end of each market day.
14. Smoking is prohibited at the market.
15. Participation in the food stamp program, WIC farmers market nutrition program, and senior farmers market nutrition program is highly encouraged. Participating vendors must adhere to all guidelines of these programs.
16. Compliance with all Arkansas Department of Health and Arkansas Agriculture Department guidelines and restrictions is the sole responsibility of each vendor. Pease see:
Vendors must demonstrate their compliance with all guidelines, by request.
17. Applicable licenses and permits for products sold must be obtained and kept current. Copies of applicable permits and licenses will be kept on file with the Market Director.
18. The Market Director may revoke the privilege of vendor based on information or evidence of violations of the Farmers Market Guidelines.
1. Vendor locations will be assigned by the Market Director. Moving locations is not permitted without approval from the Market Director. In assigning vendor locations, the following will be taken into consideration:
a. How the featured product might contribute to the market.
b. Specific needs such as electricity for meat, egg, and dairy vendors.
c. Reasonable requests from vendors.
Special consideration will be given to those vendors who purchase ‘Full Season’ participation in the market
2. Vendors may be asked to relocate due to special events or market cohesion.
3. Fees and payment schedule will be determined annually by the Market Director. Fees will be due and payable at the beginning of each market season unless the vendor has paid in advance.
4. Subletting of booth space is prohibited.
5. Registration and season fees are not subject to refund.
1. Sales reports are due at the end of each market day. All vendor sales are reviewed by the Market Director and used for data collection and planning purposes.
Sales Tax Obligations
1. Vendors are responsible for registering with the Arkansas Department of Finance and Administration and for collecting and remitting sales tax on tangible personal property sold at the market, unless otherwise exempt pursuant to Arkansas Law.
2. The City of Benton incurs no responsibility on behalf of Benton Farmers Market vendors regarding the collection and payment of sales tax, and provides no advice regarding the tax status of individual vendors.
3. The City of Benton recommends that each vendor consult a tax professional to determine whether they are required to collect and remit sales tax.
4. Information about tax requirements can be found at http://www.atap.arkansas.gov/ or by calling the Arkansas Department of Finance and Administration at (501) 683-2827.
1. All complaints must be submitted in writing to the Market Director.
2. All complaints will be reviewed by the Market Director in an attempt to resolve the issue, or the Community Services Committee can be petitioned to hear an issue of disagreement.
3. Application approval serves as the vendor’s agreement to abide by the rules of the market, as established by the City of Benton.
Booth fees must be paid in full before the starts of each season for which you wish to enroll.
Fees are not to be paid until accepted into the market.
The Benton Farmers Market Pavilion is owned and operated by the City of Benton. Rental fees are subject to change without notice.
1. Organizations, businesses, or individuals at least 21 years of age (renting parties) may rent the Benton Farmers Market Pavilion for public and private events.
2. All arrangements, including but not limited to DJs, bands, sound systems, machinery, tents, electrical catering equipment, and deliveries by agents must be approved by the Market Director (or designated City official) at least one month in advance of the date of the rental. Failure to do so may result in loss of the deposit.
3. Alcohol use must be approved by the Market Director in advance of any event. Failure to do so will result in loss of the deposit.
4. The Renting Party must obtain a temporary ABC permit if alcohol at the event is to be sold. If alcohol is to be given away, then no permit is required.
5. Alcohol shall not be taken off the premises
6. Participatory athletic events are prohibited.
7. The name of the City of Benton, or any portion thereof, may not be used in any manner by an organization or individual on invitations, notices, etc. The facility shall be referred to as the Benton Farmers Market Pavilion, 125 W. Ashley, Benton, AR 72015
Hours of Availability
1. The Benton Farmers Market Pavilion may be rented between the hours of 10:00am8:00pm (M/W/Th), 2:00pm-12:00am (F/Sat), and 2:00pm-8:00pm (Sun). The renting party and all guests must clear the grounds by 1:00am on Friday and Saturday, no exceptions. The renting party must exit the grounds at the end of their rental period. Any time over the allotted rental period will result in an additional charge.
2. For an event held on Saturday, which is a ‘market day,’ setup can commence no earlier than 1:30pm in order for market vendors to clear the pavilion area.
1. Reservations are on a first-come, first-served basis.
2. Tentative reservations may be made in the Economic Development office or by phone between the hours of 8:00am-5:00pm, Monday through Friday. The office will be closed on the weekend and for city recognized holidays.
3. No reservation will be confirmed until a deposit is paid in full and a Rental Agreement is executed. The Rental Agreement will be issued no more than one year in advance of the function.
4. In the event of unforeseen circumstances, and in the public interest, the city reserves the right to cancel or deny any reservation or rental. In such case, fees and deposits will be returned in full.
Fees and Deposits
1. For rental of the Benton Farmers Market Pavilion, the fee structure will be as such:
• Deposit – $50
• Rental per hour – $25 (Each event requires a two-hour minimum rental period)
2. A deposit is required on all rentals at the time the reservation is confirmed by the issuance of an executed Rental Agreement.
3. The deposit is required to cover damages, overtime, littering of the grounds, and missing inventory. The Renting Party is responsible for the removal of litter from the grounds. Any damage to the pavilion or grounds in excess of the deposit will be charged directly to the Renting Party.
4. The City of Benton will retain all deposits until all monies owed have been received in full. Deductions will be made for damages, failure to remove litter, overtime, and missing inventory.
5. Any outstanding rental fees are first deducted from the deposit before the deposit can be returned.
6. If there are no damages or any other problems with the rental, and all terms of the rental agreement are met, the deposit will be returned in full to the Renting Party by 2-3 weeks after their event.
7. Cancellations occurring less than thirty days from the date of the event will result in forfeiture of all fees paid.
8. If the Renting Party’s responsibilities, as are outlined in the Rental Agreement, are not met, then the Renting Party’s deposit is forfeited.
1. Smoking is prohibited in or around any part of the Benton Farmers Market Pavilion.
2. Tents may be allowed on the gravel area adjacent to the pavilion only after permission has been obtained from the Economic Development office. The tent(s) must be secured with weights, sand, etc. NO TENTS WILL BE PERMITTED ANYWHERE ELSE ON THE GROUNDS WITHOUT PRIOR APPROVAL.
3. Use of any equipment or furniture must be arranged at least a week in advance of the event with the office as part of the rental agreement. Use of outside equipment or furniture rented from a third party must be approved in advance by the Economic Development office.
4. Fire codes, as imposed by the Benton Fire Department, must be met at all times.
5. Vehicle entrances and exits must remain clear and accessible at all times.
6. No open flame candles are allowed. Votive, floating, or hurricane candles are permissible. We encourage those using permissible candles to consult with the Fire Marshall before the event.
7. Decorations or promotional materials (circulars, flags, posters, etc.) must be approved in advance by the Economic Development Director. The office must be notified of how the decorations will be placed or affixed at least a week before the rental date.
8. Trivets should be used for all hot, cold, or moist dishes.
9. Under no circumstances shall anything be dumped in or around the Benton Farmers Market Pavilion. This includes beverages, ice, and water from ice chests.
10. No animals will be allowed in or around the Benton Farmers Market Pavilion, except for those used to assist individuals with disabilities.
11. The individual who makes all the preliminary arrangements and signs the Rental Agreement (or their designated representative) must be present during all phases of the event. This includes set up, the event, and breakdown.
12. The City of Benton is not responsible for intoxicated guests. The Renting Party will be held liable and responsible for providing transportation for an intoxicated guest.
13. If all usage regulations and policies are not followed, the Renting Party’s deposit will be forfeited.
What is included in my rental?
4. Table and chairs
5. Set up and break down of tables and chairs
6. Trash bags
7. Brooms for clean up
What do I need to provide?
1. Food service, glassware, silverware, flatware, and any other kitchen supplies.
2. Table cloths or other types of linens.
3. Any other equipment or furniture that is not provided by the City of Benton.
4. Accessories and decorations.
5. Removal of all trash from the Benton Farmers Market Pavilion, the parking lot, and any
other portion of the grounds that are used for the event.
The Farmers’ Market Vendor Guide offers advice
on food items that may be sold and conditions
that must be met at the point of sale. Depending
upon the product sold, a vendor may be required
to obtain a permit from the Arkansas Department
of Health (ADH).
Farmers’ Market Guide Book
The Farmers’ Market Vendor Guide was
developed to provide standards, guidelines, and
consistent information for farmers, food vendors,
and environmental specialists to provide fresh,
safe and quality food to the consumer.
Cottage Food Act
Act 72 Of 2010
1. What is Cottage Food?
Act 72 of 2010 defines a “Cottage food production operation” as food items
produced in a person’s home that are non-potentially hazardous foods such as
bakery products, candy, fruit butter, jams, and jellies. Only these 5 products are
covered in ACT 72 and are the only products allowed to be sold under ACT 72 of
2. Where can Cottage Food be sold?
Cottage food items can only be sold direct from the manufacturer to the consumer
either from the site where the food is made, a farmer’s market, a county fair, or a
3. What is required on the label?
Each cottage food item shall be clearly labeled and make no nutritional claims. The
label on each food item shall include the name and address of the manufacturer, the
name of the product, the ingredients in the product, and state in 10-point type, “This
Product is Home-Produced”.
4. What is potentially hazardous food?
Food items that must be kept refrigerated or hot to be remain safe, are not
allowed to be sold as a Cottage Food Item. Examples of bakery items that
would not be allowed to be sold include cheesecakes, Tres Leches cakes,
cream or cheese filled items, cream pies, meringue pies, custard pies,
pies or bakery items containing meat, and cream cheese based frostings
5. Limitations in the ACT
If the food item is not a bakery product, candy, fruit butter, jam, or jelly, it is
not to be sold as a cottage food item.
The sale of Farm Fresh Eggs is regulated by the
Arkansas Livestock and Poultry Commission.
The egg producer shall be permitted to sell ungraded eggs to a retailer or
at farmer’s markets provided the producer owns less than two hundred
(200) hens and the following requirements are met:
1) Eggs are washed and clean;
2) Eggs are prepackaged and identified as ungraded with the name and
address of the producer;
3) Used cartons are not used unless all brand markings and other
identification is obliterated;
4) Retailer must keep invoice for two (2) years indicating who the eggs
were purchased from, date, and amount of eggs bought; and
5) Eggs are refrigerated* and maintained at a temperature of forty-five
degrees Fahrenheit (45 F) or below.
*Refrigeration is defined as “an operable refrigeration unit which will maintain
45 F or below”.
→Containers for storage of eggs refrigerated by means of ice, dry ice, or
other non-powered refrigerated container are not acceptable.
˃This regulation includes such locations as flea markets, farmers markets,
fruit stands, Grocery Stores etc.
For any additional information regarding the sale of farm fresh eggs,
please contact the Arkansas Livestock and Poultry Commission at 501-907-2400 or http://www.arlpc.org/index.asp.
Not Allowed: Allowed:
Raw Fresh Fruits and Vegetables: Whole, uncut fresh fruits and
vegetables may be offered for sale without a permit or inspection from
Maple Syrup, Sorghum, or Honey:
Maple syrup, sorghum, or honey that is produced by maple syrup, or
sorghum producer, or beekeeper may be sold.
If selling wood/woody plants, including trees, shrubs, and woody
vines at a farmers markets, any person or organization conducting
sales must be licensed and inspected and have a Nurseryman’s
License from the State of Arkansas. Vegetable plants in non soil-less
mix, native soils or potting mix containing native soils are included in
this rule. Annuals, perennials, herbs, tropicals, bulbs and vegetable
plants in a soil-less mix do not require a license.
If you are selling plants that may go out of state, or are from a state
other than Arkansas, you will need to be inspected and have
inspection tags for your plants.
Any person selling, offering for sale, or transporting for sale any
vegetable, garden truck, sweet potato or strawberry plants for
planting purposes within the State of Arkansas shall meet the
Arkansas Agricultural Department’s (AAD) requirements:
1. Plants grown in soil-less media are exempt, only plants grown in
media containing native soil are required to be inspected. (This
includes onion sets intended for planting)
2. Sales in bulk is prohibited except at production site to a local
3. Sales must be made in containers which have been conspicuously
labeled to show the grower’s:
a. Arkansas State Permit Number
b. name and address of the grower
c. varietal name
d. number of plants per bundle
e. number of bundles in the container If sold in flats, or as individual
plants, the bundles and containers count would not apply.
NOTE: Labeling would not apply if sold from the greenhouse directly to
The Organic Foods Production Act of 1990 mandated the creation of the
National Organic Program (NOP) and the passage of uniform organic
standards. All organic certifiers, producers, processors, and handlers must
be in full compliance with the USDA National Organic Program (NOP).
NOP labeling requirements apply to raw, fresh products and processed
products that contain organic agricultural ingredients. Agricultural products
that are sold, labeled, or represented as organic (“100 percent organic,”
“organic,” or “made with organic ingredients” or food group(s)) must be
produced and processed in accordance with the NOP standards. Except
for operations whose gross income from organic sales totals $5,000 or
less, farm and processing operations that grow and process organic
agricultural products must be certified by USDA-accredited certifying
A production or handling operation that sells agricultural products as
“organic” but whose gross agricultural income from organic sales totals
$5,000 or less annually is exempt from certification but must comply with the
applicable organic production, handling requirements, and the labeling
requirements of the NOP. Thus exempt operations are still required to follow
all of the rules laid out in the NOP, including the maintenance of all records
documenting production practices.
(a) An agricultural product organically produced or handled on an exempt
or excluded operation must not:
(1) Display the USDA seal or any certifying agent’s seal or other
identifying mark which represents the exempt or excluded operation as
a certified organic operation, or
(2) Be represented as a certified organic product or certified organic
ingredient to any buyer.
(b) An agricultural product organically produced or handled on an exempt
or excluded operation may be identified as an organic product or
organic ingredient in a multi ingredient product produced by the exempt
or excluded operation. Such product or ingredient must not be identified
or represented as “organic” in a product processed by others.
The $5,000 or less exemption specifically states that the gross agricultural
income from organic sales must total $5,000 or less annually for the whole
farm. This pertains to the combined total of sales and not the sale of each
individual product category.
Transitional Organic, “Organically Grown”, and “Meets Organic Standards,
but Not Certified” are terms that usually refer to produce grown during the
three year transition period required for farms going from conventional to
certified organic. The term “transitional” does not have legal status in the
National Organic Program Standards nor does USDA allow a “transitional
organic” label claim, thus crops harvested from transitional land may not be
sold, labeled, or represented as “transitional;” neither may livestock that
have been fed transitional feeds. The status of such crops and livestock is,
for all intents and purposes, conventional. There is no independent
verification of “transitional organic” claims, and no guarantee that farms
using this claim would ultimately qualify for organic certification.
A producer may not imply that their product is organic unless they met the
above standards. People who sell or label a product “organic” when they
know it does not meet USDA standards can be fined up to $11,000 for each
Frozen Meat Frozen meats may be sold at Farmers’ Markets with the
All products must be commercially slaughtered under USDA
inspection, passed, and labeled. Each item sold must be
commercially packaged and bear the mark of USDA inspection.
All products must be kept frozen and kept in freezer units capable
of keeping all products frozen until sold.
All products must be held, stored, and transported in a clean
sanitary environment to keep products wholesome.
All products must be labeled in accordance to USDA requirements
including common name of product, net weight of the product, and
USDA safe handling instructions.
This includes the meats of: Bovine, Aviculture and Swine.
Commercially pre-packaged food that is not potentially hazardous refers to
food that is bottled, canned, cartoned, securely bagged, or securely wrapped
in a permitted retail food establishment or a food processing plant.
Each item sold must be labeled with the identity and weight or volume of the
product, the name and address of the food manufacturer, and a complete list
The commercially pre-packaged food, for each seller, at the Farmer’s Market
must be contained in displays and not exceed 100 cubic feet.
Food items that are not properly labeled, or that are in nondurable
containers, such as carry-out boxes are not allowed.
Commercially pre-packaged food that must be kept refrigerated or hot to limit
bacterial growth for food safety is not allowed.
The items listed below and following this slide must be prepared
and packaged in an ADH permitted and inspected Retail Food
Establishment or Food Processing Plant.
1. Acidified Foods:
Acidified foods include pickled vegetables and most salsas. These food
products are typically packed in hermetically sealed (air tight) containers
that have a finished equilibrium pH of 4.6 or less. An acidified food can
pose a risk of botulism if pH and other critical factors are not carefully
controlled during processing to prevent the germination and growth of
viable spores of C. botulinum. The establishment must also have a
variance approved by the ADH for this specific food processing operation
that addresses all the critical food safety factors for this product, including
the monitoring of the finished pH of the food product.
2. Canned Food:
Canning is the process of preserving food by packing the food into glass
jars and heating the jars to kill the organisms that would create spoilage or
cause illness. Canning is typically used to preserve fruits, vegetables, and
Growth of the bacterium Clostridium botulinum in canned food may cause
botulism, a deadly form of food poisoning. Botulinum spores are very hard
to destroy at boiling-water temperatures; the higher the canner
temperature, the more easily they are destroyed.
The establishment must have a variance approved by the ADH for this
specific food processing operation that addresses all the critical food
safety factors for this product, including the monitoring of the cooking
temperatures and pressures obtained during the processing of the food
3. Smoked, Cured, or Dried Meats:
Smoking, curing, and drying meat is a preservation process that removes
the available moisture in the meat. The amount of moisture in these food
items is called water activity or aw. By removing moisture, enzymes
cannot efficiently contact or react with the food. There are concerns of
various illness-causing organisms that can survive the drying or curing
process, even though the organisms will not continue to grow in the dried
food there could be enough present to cause illness.
The establishment must also have a variance approved by the ADH for
this specific food processing operation that addresses all the critical food
safety factors for this product, including the monitoring of the processing
temperatures and the measure of the water activity level of the finished
4. Sprouted Seeds or Beans
Sprouts may include alfalfa, clover, sunflower, broccoli, mustard, radish,
garlic, dill and pumpkin as well as mung, kidney, pinto, navy, soybeans and
wheat berries (wheat grass).
Raw and lightly cooked sprouts, especially alfalfa, clover and mung bean
sprouts have been associated with foodborne illness in a number of
outbreaks. Microorganisms already on the seeds or introduced during the
sprouting process grow quickly during the ideal conditions of germination and
sprouting. There is no step in the production of raw sprouts such as cooking
or pasteurization to reduce or eliminate pathogens before consumption.
The establishment must also have a variance approved by the ADH for this
specific food processing operation that addresses all the critical food safety
factors for this product, including the disinfection of the seeds used to grow
the spouts and testing of the irrigation water from each batch of sprouts for
the presence of pathogenic microorganisms.
5. Processed Fruits or Vegetables:
Fruits or vegetables that are no longer in a whole, raw, uncut form must be
processed at an ADH permitted and inspected food service establishment
or food processing plant.
Examples of processed fruits and vegetables
Shelled peas and nuts
Sliced fruit and/or vegetables (including those offered as samples)
The processing or manufacturing of juices may require additional food
safety measures and requirements by the ADH.
6. Potentially Hazardous Commercially Pre-Packaged Food
Any potentially hazardous food, even if the food is commercially prepackaged,
can only be sold or served from an ADH permitted and
inspected facility. This is to ensure that the proper refrigeration and
monitoring is present to maintain food safety. These food items must be
kept in refrigeration equipment that can maintain the food at 41 F or
above 135 F at all times.
Commercially pre-packaged potentially hazardous foods must be bottled,
canned, cartoned, securely bagged, or securely wrapped in an ADH
permitted and inspected retail food establishment or a food processing
plant. Nondurable containers, such as Styrofoam carry out boxes or
plastic grocery sacks, for processed food containers are not allowed.
Each item sold must be labeled with the identity and weight or volume of
the product, the name and address of the food manufacturer, and a
complete list of ingredients.
Examples of food items in this category would include dairy
products, cheeses, juices, non-frozen meats, bakery items
containing cream fillings or cream cheese based icings.
7. Ready-to-eat food prepared on site or commercially prepared food
that is not prepackaged
Any ready–to-eat food that is prepared on site or any food that is provided
to the consumer in a non-prepackaged form can only be sold or served
from an ADH permitted and inspected facility. Any establishment
preparing, selling, or serving any of these food items must fully comply
with the Arkansas Department of Health’s Rules and Regulations
Pertaining to Retail Food Establishments.
A Farmer’s Market does not meet the “special event or celebration”
portion of the definition of a Temporary Food Service Establishment in the
Rules and Regulations Pertaining to Retail Food Establishments.
Food Items not allowed to be sold at a Farmers’ Market:
1. Raw Milk or Homemade Cheeses:
The sale of raw (unpasteurized) cow’s milk for humans is prohibited
under Arkansas Dairy Law. Not even milk with color additives and/or
labeled as animal food can be sold. Fluid milk and milk products must be
obtained from sources that comply with GRADE A STANDARDS. The
sale of raw goat’s milk for human consumption is not allowed at a
farmers’ market. An Arkansas farmer can sell up to 100 gallons of goat’s
milk each year directly from their farm only. Homemade cheeses are
considered to be food processing and the requirements would be the
same as the Potentially Hazardous Commercially Pre-Packaged Food
portion of this guideline.
2. Wild Harvested Mushrooms:
Wild harvested mushrooms are not allowed for sale at a Farmers’
Brownies (Containing legal ingredients)*
Cakes without cream icing
Farm Fresh Eggs*
Frozen Meat (USDA inspected)*
Whole, Uncut Fruits/Vegetables
Commercially Processed Non-Potentially Hazardous Food
* Conditions Apply
Homemade Cheeses Raw Milk
Wild Harvested Mushrooms
Act 1205 of 2009 provides an exemption from sales tax on the sale of
raw products from a farm, orchard, or garden that are produced and
sold by the producer at a farmer’s market, including, without
limitation, cut or dried flowers, plants, vegetables, fruits, nuts, and
herbs. The farmer’s market must be comprised of one or more
producers of raw farm products; operated seasonally; and held out of
doors or in a public place.
(A) Gross receipts or gross proceeds derived from the sale of:
(iii) Raw products from the farm, orchard, or garden, when the sale is
made by the producer of the raw products directly to the consumer and
user, including the sale of raw products from a farm, orchard, or garden
that are produced and sold by the producer of the raw products at a
farmers’ market, including without limitation cut or dried flowers, plants,
vegetables, fruits, nuts, and herbs;
(iv) Livestock, poultry, poultry products, and dairy products of
producers owning not more than five (5) cows; and
(v) Baby chickens.
(B) (i) An exemption granted by this subdivision (18) shall not apply when
the articles are sold at or from an established business, even though
sold by the producer of the articles.
(ii) A farmers’ market is not an established business if the farmers’ market
sells raw product directly to the user of the raw product and the farmers’ market is:
(a) Comprised of one (1) or more producers of a raw product;
(b) Operated seasonally; and
(c) Held out-of-doors or in a public space.
(i) However, nothing in subdivision (18)(B) of this section shall be
construed to mean that the gross receipts or gross proceeds received by the
producer from the sale of the products mentioned in this subdivision (18) shall be
taxable when the producer sells commodities produced on his or her farm at an
established business located on his or her farm.
(ii) The provisions of this subdivision (18) are intended to exempt the sale
by livestock producers of livestock sold at special livestock sales.
(iii) The provisions of this subdivision (18) shall not be construed to
exempt sales of dairy products by any other businesses.
(iv) The provisions of this subdivision (18) shall not be construed to
exempt sales by florists and nurserymen. As used in this subdivision (18),
“nurserymen” does not include Christmas tree farmers;
Arkansas Agriculture Department
1 Natural Resource Drive
Little Rock, AR 72205
For additional clarification contact the Environmental Health Specialists located in your County Health Unit.
BEFORE THE CITY COUNCIL OF BENTON, ARKANSAS
PETITION TO FORM BENTON MUNICIPAL PROPERTY OWNERS’ MULTIPURPOSE IMPROVEMENT DISTRICT NO. 111
(THE WOODLANDS VILLAS COMMON PROJECT)
ABSTRACTOR’S CERTIFICATE OF PROPERTY OWNERSHIP
I, the undersigned, hereby certify that the deed records in the office of the Circuit Clerk and Ex-Officio Recorder of Saline County, Arkansas, reflect that The Woodlands Villas, LLC is the record title owner of the real property described in Exhibit “A” to the Petition to Form Benton Municipal Property Owners’ Multipurpose Improvement District No. 111 (The Woodlands Villas Common Project), a copy of which Exhibit “A” is attached hereto and made a part hereof. DATED this 11th day of December, 2017.
FIRST NATIONAL TITLE. By _______