June 16-22, 2005

city beat

Food Fight

cash crops: City Council could vote today on whether to regulate those who sell fruits and veggies. Photo By: Michael T. Regan

For-profit and nonprofit farmers markets are split on proposed rules.

by Jenna Portnoy

Every spring, Susan Patrone waits for the farmers market at Passyunk Avenue and South Street to open. Last Tuesday, in the muggy heat, a half-dozen farmers set up stands and tents in the shadow of Fat Tuesday's. Some of them have been coming back for 10 years.

"This is one more reason for people to live in the city," Patrone says, looking down the street at fruit, vegetables, bread, jams, pastries and flowers.

The markets are more than quaint perks of city living. Communities underserved by grocery stores often depend on seasonal farmers markets. This summer, two groups, the for-profit Farm to City and The Food Trust, a nonprofit, will organize 26 markets in the city and surrounding suburbs. Each could have up to a dozen tents. Both groups represent farmers who sell identical goods at the same prices. Despite their popularity and prevalence in recent years, there had been little attempt by the city to formally distinguish them from food trucks and sidewalk sales. But today, City Council is expected to vote on legislation that would regulate farmers markets in terms of location and licensing.

"Before, you had to go hat in hand to regulating agencies and beg them not to treat you like a hot dog cart," says Bob Pierson, Farm to City program director.

Markets needed three things to operate: a business privilege license, a vending license from the Department of Licenses and Inspections and a food license from the Health Department. There was no consistent regulation until last summer when council gave its blessing for Pierson to open a market on Saturdays at Rittenhouse Square. The bill expired in one year's time. The new legislation expands the prior bill and includes practical provisions about trash cleanup and not blocking traffic. It also establishes a fee structure.

After provisional license approval, Farm to City and The Food Trust must pay annual fees of $300 for one to three locations, $500 for four to six locations, $700 for seven to nine locations and so on.

John Weidman, a senior associate at The Food Trust, says the nonprofit organization provides a public service and should therefore be subject to a nominal flat fee of $100 or $150. "Other cities around the country are investing in this. We were hoping that the city would kind of go that route, putting forward some city funds to help expand farmers markets," Weidman says.

Pierson argues that Farm to City provides an identical service and that both groups should have to pay the same fees, adding that The Food Trust shouldn't get a break just because of its nonprofit status. "There simply has to be a level playing field," says Pierson, who worked for The Food Trust from 1996 to 2000. He left to start Farm to City and be a "stronger advocate for farmers."

Last week, Weidman pressed for a lower fee structure before City Council's Committee on Licenses and Inspections. The committee recommended that council approve the bill as is, a move that The Food Trust has promised not to block although it still wants a price break.

The bill "is intended to formalize an informal situation," says 5th District Councilman Darrell Clarke, the bill's sponsor. "These are businesses, being nonprofit or for-profit, that should be regulated. There should be some level of responsibility as it relates to the placement of these operations."

Although The Food Trust promises not to block the legislation, Weidman says the fees could cause some markets to close or prevent new ones from opening. In addition to talk of later amending the bill to add city Health Department regulations about selling cooked food, Weidman says he hopes to see an amended fee structure. The current bill only applies to the specific farmers markets it lists.

Most of The Food Trust's budget pays for its federally funded school nutrition program; about $20,000 goes toward promotional costs. Weidman says he's not sure how much of The Food Trust's total budget funds the markets.

Tony West, president of Friends of Clark Park, said the Food Trust farmers market at South 43rd Street and Baltimore Avenue sustains his neighborhood. Of the many activities in the park, he says, the market unites the most people. West says he isn't one to take sides; he and his neighbors just hope the markets continue to flourish.

"I can't tell the city government not to look for more money, but I don't think they'll ever balance the budget on farmers markets," West says. "My community counts on its farmers market and I think my community could be happy with a discounted fee structure if it means the survival of The Food Trust."