POLICY DATABASE
Jersey City, N.J., Code § 175-28 (current through Jan. 25, 2018)
Brief Summary
Establishes regulations for seasonal farmers' markets. Only non-profits may receive a seasonal market license to operate a farmers' market. To get a seasonal market license, at least 55% of the total volume of products available for sale must be a farm product harvested or produced within 300 miles of the city, and at least twenty-five percent of the vendors must accept supplemental food vouchers (SNAP/EBT, WIC Cash Value Vouchers, and/or FMNP vouchers). Vendors operating in farmers' markets in locations "deemed by the Health Officer to be a food desert" are eligible to have their seasonal vendor license fees waived.
Legal Strategies
Requires something, sets standards.
Reach
Community-wide
Food System Category: Distribute, Get
State: New Jersey
Jurisdiction Type: City
Jurisdiction Name: Jersey City
Does the law refer to priority populations in some way?
Yes. Allows waiver of seasonal vendor license fee for vendors operating in a designated "food desert" (§ 175-28 (E)); and promotes acceptance of supplemental food vouchers (SNAP/EBT, WIC Cash Value Vouchers, and/or FMNP vouchers) at farmers' markets (§ 175-28(D)).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Seeks to promote access to food in "food deserts" (§ 175-28 (E), and encourages acceptance of supplemental food vouchers (SNAP/EBT, WIC Cash Value Vouchers, and/or FMNP vouchers) (§ 175-28(D)); refers to food safety and handling (§ 175-28(J).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Requires that "At least fifty-five percent (55%) of the total volume of all products available for sale must be a farm product harvested or produced within three hundred (300) miles of Jersey City)." § 175-28(C). Also requires that "Farmers' markets vendors shall not use plastic bags to dispense their products." § 175-28(K).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Supports acceptance of supplemental food vouchers (SNAP/EBT, WIC Cash Value Vouchers, and/or FMNP vouchers) at farmers' markets, § 175-28(D).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Unclear. The first section in the Article states: "This Article shall be applicable to eating and drinking establishments and to itinerant eating and drinking establishments." § 175-16.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 175-18.
Does the law address implementation in some way?
Yes. "The application [for a food establishment license] shall be upon appropriate forms as the Health Officer shall require. " § 175-20.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Suspension or revocation of the license. See §175-25.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Chapter 175 (Food Handling Establishments), Article III (Food Establishments). History: Added by Jersey City, N.J., Ordinance No. 15.026 (Mar. 11, 2015).