POLICY DATABASE
Jersey City, N.J., Code § 175-28 (current through Nov. 6, 2017)
Brief Summary
This law regulates farmers' markets. Only non-profits may operate them, and markets must obtain a seasonal market license. Requirements include that "at least twenty-five percent (25%) of the vendors accept supplemental food vouchers (SNAP/EBT, WIC Cash Value Vouchers, and/or FMNP vouchers)." Law also provides that "[t]he Health Officer shall waive the seasonal vendor license fee...for any vendor participating in a farmers' market, which operates in a location deemed by the Health Officer to be a food desert." Additionally, it contains requirements pertaining to other licensing criteria, insurance, food safety training, use of plastic bags, etc.
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. See, e.g., this language: "No seasonal market license shall be issued to operate a farmers' market unless at least twenty-five percent (25%) of the vendors accept supplemental food vouchers (SNAP/EBT, WIC Cash Value Vouchers, and/or FMNP vouchers)" § 175-28(D); vendor fees may be waived for markets operating in a food desert" § 175-28(E). "Food desert" is defined as a census tract with a "substantial share of residents who live in low income areas that have low levels of access to a grocery store or healthy, affordable food retail outlets." (Definitions, § 175-18)).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See the reference to "minimum food safety requirements." §175-28 (J); waiver of fees for vendors participating in markets that are in a "food desert" area. ( § 175-28(E )).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. See this language which emphasizes locally grown products: "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 prohibits use of plastic bags. § 175-28(K).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. See references to the following: "supplemental food vouchers (SNAP/EBT, WIC Cash Value Vouchers, and/or FMNP vouchers)." § 175-28(D); and focus on food grown by locally (§ 175-28(C )).
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?
No.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 175-20.
Does the law address implementation in some way?
Yes. See sections 175-20 through 175-22 which describe general licensing application process, fees, and license terms. City's Division of Health is responsible for general administration (§ 175-20 (B)); permission from Division of Park Maintenance must be sought by non-profit organizations which seek to operate a farmers' markets in a city park (§ 175-28 (F)); insurance requirements may be waived by the City's Department of Risk Management (§ 175-28 (H)); and all applications and supportind documents must be submitted to the City's Office of Cultural Affairs (§ 175-28 (I)).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Failure to obtain or renew a license to operate a market is a violation of the city code (§ 175-23 (A). For violations relating to food safety issues, licenses may be suspended or revoked (§ 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
Section 175-28 is located in Chapter 175 (Food-Handling Establishments), Article III (Food Establishments). History: added March 11, 2015 by an unspecified ordinance; and on April 26, 2017 by Ord. No. 17-044.