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# Farmers Market Legal Toolkit

Legal resources for building resilient and accessible markets

## Sitemaps

- [XML Sitemap](https://farmersmarketlegaltoolkit.org/sitemap.xml): Contains all public & indexable URLs for this website.

## Pages

- [Home](https://farmersmarketlegaltoolkit.org/) - Resources to help you learn how to start a farmers market, including governing operations, incorporating federal benefit programs, and managing risks.
- [Nonprofit Orgs.](https://farmersmarketlegaltoolkit.org/business-structures/nonprofit-orgs/) - Many people looking to form a farmers market are attracted to the nonprofit structure. Learn about the pros and cons of nonprofits.
- [About the Toolkit](https://farmersmarketlegaltoolkit.org/about-the-toolkit/) - This Toolkit was developed to support farmers markets throughout the U.S. with open-source legal tools to inform market managers as they make decisions to build and grow their markets.
- [Print Resources](https://farmersmarketlegaltoolkit.org/resources/)
- [Americans with Disabilities Act Compliance](https://farmersmarketlegaltoolkit.org/risks/americans-with-disabilities-act-compliance/) - Ensure that people with a range of abilities can participate in farmers markets. Learn how to structure a farmers market to comply with the Americans with Disabilities Act (ADA).
- [Employment/Labor Law Compliance](https://farmersmarketlegaltoolkit.org/risks/employmentlabor-law-compliance/) - Farmers markets often rely on the help of volunteers, contractors, and staff. Learn about different worker classifications and the market’s legal obligations regarding employment.
- [Relationship to Host Site](https://farmersmarketlegaltoolkit.org/risks/relationship-to-host-site/) - Most farmers markets do not own the property where they operate. Learn how to manage risks associated with leasing property or relying on verbal agreements to use the property.
- [Vendor Relationships](https://farmersmarketlegaltoolkit.org/risks/vendor-relationships/) - Vendors are central to farmers markets, but managing interpersonal relationships can be difficult. Learn about potential legal claims a vendor may have against a market and how to reduce risks.
- [Food-Related Illnesses](https://farmersmarketlegaltoolkit.org/risks/food-related-illnesses/) - Some common farmers market practices increase the risk of exposure to food-borne illness. Learn how to limit liability and prevent food-borne illness at your farmers market.
- [Injuries to People & Damage to Property](https://farmersmarketlegaltoolkit.org/risks/injuries-to-people-damage-to-property/) - Equipment, weather, and traffic can all cause accidents at farmers markets. Learn about common risks that lead to injuries and property damage and how markets can manage those risks.
- [Recordkeeping](https://farmersmarketlegaltoolkit.org/risks/recordkeeping/) - Learn how solid records reinforce all of a farmers market’s risk management strategies by creating a paper trail that supports accountability and can serve as legal evidence.
- [Market Rules & Procedures](https://farmersmarketlegaltoolkit.org/risks/market-rules-procedure/) - Learn about creating rules and procedures for your farmers market that promote a safe environment and clear vendor expectations to prevent or minimize conflict down the road.
- [Insurance](https://farmersmarketlegaltoolkit.org/risks/insurance/) - Learn how the right farmers market insurance policy can help your market defend itself in court and provide a source of funds if the market is found liable for an event.
- [Governance](https://farmersmarketlegaltoolkit.org/risks/governance/) - Learn how choosing the best business structure for your market, and backing up that choice with strong governance documents, can both solve risky situations and prevent them from ever occurring.
- [Who Administers Benefits?](https://farmersmarketlegaltoolkit.org/snap/legal-topics/who-administers/) - Learn about the two different models through which SNAP customers can redeem SNAP benefits at a farmers market.
- [SNAP/EBT](https://farmersmarketlegaltoolkit.org/snap/) - Learn about the federal Supplemental Nutrition Assistance Program (SNAP), and explore key legal issues for implementing it at your farmers market.
- [Incentives & Matching Programs](https://farmersmarketlegaltoolkit.org/snap/legal-topics/incentives/) - Learn about the responsibilities farmers markets and vendors assume when they offer incentives to SNAP customers.
- [How Market Scrip Systems Work](https://farmersmarketlegaltoolkit.org/snap/legal-topics/equipment-and-scrip/how-market-scrip-systems-work/) - Explore how market currency systems let farmers markets reimburse vendors for non-cash transactions.
- [Accounting & Taxes](https://farmersmarketlegaltoolkit.org/snap/legal-topics/accounting-taxes/) - Explore key accounting and tax issues.
- [Selling SNAP- Eligible Foods](https://farmersmarketlegaltoolkit.org/snap/legal-topics/snap-eligible-food-items/) - Understand which food items SNAP covers, which it excludes, and related vendor training requirements.
- [Obtaining a Point-of-Sale Device](https://farmersmarketlegaltoolkit.org/snap/legal-topics/equipment-and-scrip/obtaining-a-point-of-sale-device/) - Learn about point-of-sale devices, how much they cost, how many you'll need, and how to get them for your farmers market.
- [How Do I Apply?](https://farmersmarketlegaltoolkit.org/snap/legal-topics/becoming-a-retailer/how-do-i-apply/) - Learn how your farmers market can become an authorized SNAP retailer.
- [Becoming an Authorized Retailer](https://farmersmarketlegaltoolkit.org/snap/legal-topics/becoming-a-retailer/) - Learn about the qualifications, requirements, and application/reauthorization process of accepting SNAP benefits at your farmers market.
- [Vendor-Operated SNAP Systems](https://farmersmarketlegaltoolkit.org/snap/legal-topics/who-administers/vendor-operated/) - Learn about farmers market vendors individually processing transactions using their own point-of-sale device.
- [Market-Operated SNAP Systems](https://farmersmarketlegaltoolkit.org/snap/legal-topics/who-administers/market-operated/) - Learn about using a single point-of-sale device system for an entire farmers market.
- [What is EBT?](https://farmersmarketlegaltoolkit.org/snap/what-is-ebt/) - Electronic benefits transfer (EBT) is the state agency's method by which SNAP benefits are distributed to families and individuals. Learn more about EBT and how to use it at your farmers market.
- [SNAP Training Requirements](https://farmersmarketlegaltoolkit.org/snap/legal-topics/snap-eligible-food-items/snap-training-requirements/) - Learn about the requirements for training farmers market employees to comply with federal requirements for selling SNAP-eligible foods.
- [Receipt System](https://farmersmarketlegaltoolkit.org/snap/legal-topics/equipment-and-scrip/receipt-system/) - Learn about the alternatives that allow markets to accept SNAP benefits without creating market currencies.
- [Using Your Point-of-Sale Device](https://farmersmarketlegaltoolkit.org/snap/legal-topics/equipment-and-scrip/using-your-point-of-sale-device/) - Learn about operating a SNAP POS device at your farmers market.
- [Enforcement & Penalties](https://farmersmarketlegaltoolkit.org/snap/legal-topics/enforcement-penalties/) - Learn about how SNAP rules are enforced, possible penalties for rule violations, and best practices for market compliance.
- [Cooperatives](https://farmersmarketlegaltoolkit.org/business-structures/cooperatives/) - A cooperative is a favored choice for farmers market owners who value a community-oriented approach and want to share the decision-making process. Learn more about cooperatives.
- [LLCs](https://farmersmarketlegaltoolkit.org/business-structures/llcs/) - A limited liability company (LLC) is a popular choice for farmers market owners seeking a business entity that protects their personal assets from business liabilities. Learn more about LLCs.
- [Partnerships](https://farmersmarketlegaltoolkit.org/business-structures/partnerships/) - The general partnership is a fast and easy choice for a farmers market's business structure. Learn more about general partnerships.
- [Corporations](https://farmersmarketlegaltoolkit.org/business-structures/corporations/) - A corporation is a popular choice for small business owners of many varieties—farmers markets and farms included. Learn more about corporations.
- [Why Your Choice Matters](https://farmersmarketlegaltoolkit.org/business-structures/why-your-choice-matters/) - A market's business structure affects a number of aspects of its operation; from liability and decision-making, to grant eligibility and taxes. Learn more about why your market's business structure matters.
- [Business Structures](https://farmersmarketlegaltoolkit.org/business-structures/) - All farmers markets need to decide how the business is structured. Should the market operate as a sole proprietorship, partnership, LLC, corporation, cooperative or some other form of business? Find the structure that best fits your market.
- [Market Eligibility](https://farmersmarketlegaltoolkit.org/snap/market-eligibility/) - Determine the likelihood that your farmers market is eligible for SNAP-authorization.
- [Reauthorization](https://farmersmarketlegaltoolkit.org/snap/legal-topics/becoming-a-retailer/reauthorization/) - Learn about reauthorizing your farmers market's license to accept SNAP benefits.
- [Events & Webinars](https://farmersmarketlegaltoolkit.org/about-the-toolkit/events-webinars/) - Upcoming events and webinars related to the Farmers Market Legal Toolkit and the Center for Agriculture and Food Systems at Vermont Law School.
- [Risks](https://farmersmarketlegaltoolkit.org/risks/) - Learn about how common risks materialize and what a farmers market can do about them.
- [What is SNAP?](https://farmersmarketlegaltoolkit.org/snap/what-is-snap/) - Learn about the federal Supplemental Nutrition Assistance Program (SNAP), and explore key legal issues for implementing it at your farmers market.
- [Survey](https://farmersmarketlegaltoolkit.org/survey/) - Take our short survey and help improve the Farmers Market Legal Toolkit.
- [Privacy Policy](https://farmersmarketlegaltoolkit.org/privacy-policy/)
- [Legal Topics](https://farmersmarketlegaltoolkit.org/snap/legal-topics/) - Help for understanding and complying with SNAP requirements, and frequently asked SNAP-related questions.
- [CSAs](https://farmersmarketlegaltoolkit.org/snap/legal-topics/snap-eligible-food-items/csas/) - Learn about Community Supported Agriculture and selling SNAP-eligible food at your farmers market.
- [Equipment & Payment](https://farmersmarketlegaltoolkit.org/snap/legal-topics/equipment-and-scrip/) - Learn about kinds of equipment and types of payment systems for farmers markets wanting to accept SNAP benefits.
- [Case Studies](https://farmersmarketlegaltoolkit.org/case-studies/) - Learn from the real experiences of market leaders who have selected business structures, implemented SNAP/EBT, and managed legal risks at their markets.
- [Umbrella Organizations](https://farmersmarketlegaltoolkit.org/business-structures/umbrella-organizations/) - Some farmers markets are part of a larger nonprofit or other parent organization, often referred to as an "umbrella organization." Learn more about umbrella organizations and farmers markets.
- [Sole Proprietorships](https://farmersmarketlegaltoolkit.org/business-structures/sole-proprietorships/) - A sole proprietorship is the easiest, fastest structure choice for a farmers market; however, its ease comes with a cost. Learn more about sole proprietorships.
- [Contact Us](https://farmersmarketlegaltoolkit.org/about-the-toolkit/contact-us/) - For questions or feedback regarding the Farmers Market Legal Toolkit.

## CM Tooltip Glossary Pro+

- [scrip](https://farmersmarketlegaltoolkit.org/glossary/scrip/) - Market currency, such as tokens.
- [bylaws](bylaws) - An organization’s internal governing documents.
- [indemnify](https://farmersmarketlegaltoolkit.org/glossary/indemnify/) - Provide security against any losses due to liability damages; Agree to compensate someone for a loss (including future losses).
- [waiver of liability](https://farmersmarketlegaltoolkit.org/glossary/waiver-of-liability/) - An agreement that releases someone from legal responsibility for future harms, typically related to negligence.
- [trade name application](https://farmersmarketlegaltoolkit.org/glossary/trade-name-application/) - An application to register the name of a sole proprietorship or general partnership using any name other than the personal names of the sole proprietor or partners.
- [sales tax license](https://farmersmarketlegaltoolkit.org/glossary/sales-tax-license/) - A license to sell tangible, personal property. It may be called a vendor's license or retail license depending on the state.
- [protected class](https://farmersmarketlegaltoolkit.org/glossary/protected-class/) - A class of persons sharing a common characteristic that is legally protected from discrimination; for example, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, sex, national origin, or religion.
- [pass through entities](https://farmersmarketlegaltoolkit.org/glossary/pass-through-entities/) - A business structure that does not pay income tax at the corporate level but passes income through to its business owners. The business owners pay income taxes on their shares of the business income.
- [pass through entity](https://farmersmarketlegaltoolkit.org/glossary/pass-through-entity/) - A business structure that does not pay income tax at the corporate level but passes income through to its business owners. The business owners pay income taxes on their shares of the business income.
- [operating agreement](https://farmersmarketlegaltoolkit.org/glossary/operating-agreement/) - Governing document that sets out the organization's financial and management structure and can help manage the organization’s risk.
- [misclassification mistakes](https://farmersmarketlegaltoolkit.org/glossary/misclassification-mistakes/) - Incorrectly classifying an employee on tax forms. Common mistakes are treating employees like independent contractors or mixing up the status of salaried and hourly employees.
- [keogh plan](https://farmersmarketlegaltoolkit.org/glossary/keogh-plan/) - A retirement plan option for self-employed individuals, sole proprietorships, general partnerships, and limited liability corporations.
- [joint authority](https://farmersmarketlegaltoolkit.org/glossary/joint-authority/) - Shared power to take legal acts and make decisions on behalf of the partnership.
- [indemnification](https://farmersmarketlegaltoolkit.org/glossary/indemnification/) - Security against any losses due to liability damages; compensation for someone’s loss (including future losses).
- [hold harmless](https://farmersmarketlegaltoolkit.org/glossary/hold-harmless/) - To release someone from any liability damages; to agree not to sue someone.
- [general aggregate](https://farmersmarketlegaltoolkit.org/glossary/general-aggregate/) - The maximum the insurer will pay during a policy term.
- [duty of loyalty](https://farmersmarketlegaltoolkit.org/glossary/duty-of-loyalty/) - A duty to avoid conflicts of interest.
- [duty of care](https://farmersmarketlegaltoolkit.org/glossary/duty-of-care/) - The duty to act as a reasonable person would in a similar position under similar circumstances. You can have a duty of care to your business entity, employees, customers, and vendors.
- [annual maintenance obligations](https://farmersmarketlegaltoolkit.org/glossary/annual-maintenance-obligations/) - Annual paperwork, meetings, and/or meeting notes required to maintain a corporation or LLC. An annual fee may also be required.
- [commercial activity](https://farmersmarketlegaltoolkit.org/glossary/commercial-activity/) - Activity associated with making a profit.

## Case Studies

- [Crescent City Farmers Market](https://farmersmarketlegaltoolkit.org/case-studies/crescentcity/) - See how a market currency system enabled one market to accept SNAP benefits and credit card payments.
- [Durham Farmers Market](https://farmersmarketlegaltoolkit.org/case-studies/durham/) - See how carefully crafted market rules supported a market's development.
- [Capital City Farmers Market, Montpelier, Vermont](https://farmersmarketlegaltoolkit.org/case-studies/capital-city-farmers-market-montpelier-vermont/) - See how incorporation and insurance shielded this farmers market against a trip and fall lawsuit.
- [Webb City Farmers Market](https://farmersmarketlegaltoolkit.org/case-studies/webb-city-farmers-market/) - See how choosing a business structure and organizing market governance built a stronger market.
- [FRESHFARM Markets](https://farmersmarketlegaltoolkit.org/case-studies/freshfarm-markets/) - How proactive steps helped an organization implement a mask policy and comply with the ADA during the COVID-19 pandemic
- [Training Market Managers to Develop Legacy Folders](https://farmersmarketlegaltoolkit.org/case-studies/trainings-market-managers-to-develop-legacy-folders/)