---
kind: "section"
citation: "7 C.F.R. § 170.12"
title: "7"
number: "170.12"
heading: "What are the selection criteria for participation in the USDA Farmers Market?"
url: "https://uscodex.org/cfr/7/170.12"
---

# §170.12. What are the selection criteria for participation in the USDA Farmers Market?


The selection criteria are designed to ensure a consistently high level of quality and diverse products are available at the market, while operating in the constraints of space available at the market site. The criteria are:

- (a) **Member of one of the three participant groups specified in § 170.4 of this part.** The participant must be a producer-only farmer or producer, seller of value-added products, or specialized non-produce vendor.
- (b) **Participant offers a product that adds to a product mix.** Market management will ensure that a balanced mix of fresh fruits and vegetables will be maintained throughout the season. Final selection of fruit and vegetable producers will be made based on their ability to ensure a wide range of fresh farm products throughout the season.
- (c) **Willingness to Glean.** Participants should commit to supporting the USDA food gleaning/food recovery initiative. This commitment requires farmers and vendors to donate surplus food and food products at the end of each market day to a local nonprofit organization identified by USDA. Questions about tax deductions for gleaning should be referred to the Internal Revenue Service or a tax advisor. Receipts for donated foods may be obtained from the receiving nonprofit organization.
- (d) **Commitment to market.** Participants must commit to the entire market season and be willing to participate on a regular basis.
- (e) **Grandfather provision.** Market management reserves the right to select several farmers or vendors based on previous participation in the program, consistency in providing quality products, and compliance with operating guidelines.

## Notes

### Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 1621-1627.

### Source

Source: 70 FR 76131, Dec. 23, 2005, unless otherwise noted.