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									Creating a System for
 Greenmarket, CENYC 2009
       Michael Hurwitz
        June Russell
      Bernadette Martin
“Trust everyone, but verify”

        Ronald Reagan
“Trust everyone, but cut the
          W. C. Fields
       Purpose of Inspections
•   What is the Mission of your market?
•   Inspections should support the mission and the
    rules of the market.
•   Support your identity, and the promise of that
    identity name/logo/certification.
•   Inspections verify producers claims.
      •   Your identity gives legitimacy to producers. They may receive
          contracts, restaurant business, press.
      •   Most importantly, the trust of the individual consumer.
•   Inspections should also deter participants from
    breaking the rules and assist in holding those who
    are, accountable.
•   Inspections are a foundation for publicity and
•   Inspections ultimately should build trust and
    relationships within the community.
   Part I: Know Who You Are
             (or who you are working for)

• What are your standards?
• Clear rules
  – Establish clear rules for your market
  – Models for rules.
    • Farmers Market Coalition as a resource for developing rules.
    • Other Markets from around the country post their rules online.
    • Contact Greenmarket
     These are the strengths of Greenmarket that
               the Rules must protect
Key Facet of         Details of the Situation
Strong Consumer      Consumers have faith in the Greenmarket Brand and
Brand                look to it for local, fresh food.
Favored Tenant of    Without the space and modest rents that the City
the City of NY       charges, Greenmarket, would be unable to offer the
                     attractive stands that it can offer to the
Go-between from      Organizing and overseeing the Producers so that they
the City to the      can sell their wares directly to the consumer, without
Farmers/Producers    having to go through the complexity and restrictions of
                     the City’s street vendor program.
Vehicle for         Promoting and strengthening the small family farmer in
Protection of Farms the radius of the Region
and Producers
Distribution         to ensure that fresh, local food reaches the City, including
Mechanism            areas that are poorly served by other forms of food
 Long Term Purpose, Goals and Achievements
                of the Rules

Some of the things that should be considered when thinking about
• Why are we creating rules in the first place?
• What is the impact of Rules on the long term achievements of
  Greenmarket? Can we design Rules that actually help us to
  accomplish what we want to as an organization?
• Can Rules, properly designed, encourage Farmers to take on
  product and capital investment?
• How do we provide Guidance for Evaluating rules on specific
  topics of Product Eligibility, Producer Eligibility, Compliance and
  Fees against the Mission of Greenmarket for the future
• Can we develop a research agenda that guides rule making.
  For example the Orchard Rule. Should we be encouraging
  ownership of cider presses? The Grain Issue should we be
  encouraging local grain production?
 Part II: A System for Inspections
• Intake
• At Market
   – Managers
   – Inventories
• In the field
   – Confidentiality
   – Preparation
   – Check lists
• Follow up
• Issuing violations
     Intake: The Application
• Set yourself up with good information
  – Establish an agreement between market
    management and producers that producers sign.
  – Require that producers submit
     • Crop plans & Product lists, (similar to ,OSPs, Organic
       system plan)
     • Farm Maps
     • Production facilities being used
• Information requested reinforces the terms of
  the market place.
               At Market
• Working with management, training
  managers. Market managers are the
  frontline of enforcement.
• Collecting information, monitoring
  product at market. Knowing what is at
  your market is important for several
  – Seasonality/ Publicity - Education
  – Authenticity/Inspections
           At Market: Inventories

Inventories are key in documenting products and
   volume at market and become essential in proving
   when a producer is in violation of the rules.
• Make inventories routine. It will help lessen hostility and suspicion
   from your producers if this is seen as routine and not indicative of “harassment,
   “a witch hunt”, “a pending inspection”
• Opening/closing inventories. Try to get the best information
   possible. Complete opening and closing numbers.
• Units of measure. Create standards; i.e.. Apple crate, tomato box, flats.
• Inventories can be a sensitive area. Be clear with
  your producers about what the information will be
  used for.
     In the Field: Inspections
• Who is doing the inspection? Dynamics will
  be different.
  – In house, a staff person is a member of the
    community. Ideally, they will be removed from final
    decision making.
  – Contracted inspectors from outside the
    community, can be more objective, if less familiar.
     Certifying agencies: NOFA, Demeter, Certified Naturally
     Other farm market inspectors
     Extension agents
     Experts in a particular area or aspect of production
• Confidentiality is critical to inspections and
  must be practiced by both management and
• Develop confidentiality agreements with
• Train your staff and managers to abide by
• Be aware of potential conflicts of interest.
       51 Chambers Street, Suite 1231, New York, NY 10007  (212) 477 3220  fax 212 533 0242

As a Greenmarket Farm Inspector, I agree:

To inform the Greenmarket Director of any ties - past, present, or future – that I have, or
plan to have with a producer, prior to conducting an inspection of his/her establishment.
To present Inspection Reports to the Greenmarket Director and/or the Farm Inspections
Coordinator for the purpose of enforcing Greenmarket's grow-your-own regulations.
Not to divulge to anyone the nature and/or content of any documentation that has been
provided to Greenmarket, or acquired as part of the inspection process, unless I am
authorized to do so by the Greenmarket Director.
Not to discuss producer affairs with anyone except the Greenmarket Director and/or The
Farm Inspections Coordinator without prior approval from the Director.

      ____________________________                                      ____________________
Greenmarket Farm Inspector                                              Date
   Preparing for an Inspection
• Make sure you are familiar with the rules/standards of
  the organization you are inspecting for.
• Review product lists, maps, previous inspection
  reports and inventories.
• Compare product lists and inventories.
• Request any information you may need ahead of
  time, i.e.. Seed receipts, processing invoices.
• Contact producer and arrange a time.
• Allow adequate time for the inspection. For example
  if a farm has an orchard, vegetable production and a
  bakery, you will need enough time to inspect all
  aspects and facilities of production.
 Items to Bring on an Inspection
• Maps of the area/compass
• Directions to the farm
• All relevant documentation: farm maps, crop
  plans, inventories, etc.
• Copy of the rules
• Check list/templates
• Note pad/clipboard/pen(s)
• Camera
• Phone
•   Dress appropriately
    – Boots, raingear, sun protection
    – Be ready to get dirty

•   Note: Clean your boots; be
    conscientious of tracking potential
    contaminants from/onto farms.
            Basic Check list
• Meet and greet farmer or person designated
  to give the tour
• Check fields, greenhouses, orchards,
  livestock areas, processing facilities that are
• Identify crops, acreage, assess yields and
  evidence of current and future yields.
• Equipment
• Labor
• Storage facilities: barns, storage units,
  washing and grading areas
• Packing areas and packaging supplies
• Exit interview and sign off
Categories of farm production
•   Greenhouses & plants
•   Vegetable production
•   Orchards & small fruits
•   Ocean or fresh water fish
•   Processing: preserves, pickles, baking,
    prepared foods, juice & cider, grain milling
•   Livestock: pigs, poultry, beef cattle, lamb,goat
•   Dairy: fluid milk and cheese production
•   Foraging
•   Honey/Maple Syrup
•   Aquaculture
          Sample: Dairy Checklist
•   Land (both owned and leased): while visiting each parcel listed on crop plan verify the
    lease agreement is on file.
•   Livestock: Breed and size of herd, health, care and breeding practices:
•   Housing and conditions:
•   Feed sources:
•   Milking facilities and practices: quantity in pounds of milk produced each day.
•   Pasture and grazing land management:
•   Manure management and composting to minimize environmental impact:
•   Number of employees:
•   Processing facilities on farm? If not you must visit site location. List all equipment used.
•   Additives or flavorings used? Where are they from?
•   Single or mixed milk products? See rules for %’s
•   Storage facilities: refrigeration, cellars and temperature control at market.
•   Ensuring integrity of products sold at GM are from your own herd: Indicate only if product
    is purchased from other sources.
•   Labeling:
•   HACCP plan for dairy in place and being utilized:
•   Sample Audit: Show the math here. Provide copies of feed receipts if applicable. Also
    audit run for one day and compare to days inventory at market.
•   Vehicles:
•   Marketing: how are they doing at Greenmarket?
•   Exit Interview – Additional Information Needed, Issues of Concern
          Sample: Orchard Checklist
•   Land (both owned and leased): while visiting each parcel listed on crop plan verify the
    lease agreement is on file.
•   List each variety of fruit, # of trees per acre or # per row, # of rows and spacing) age of
    trees in production. # of bushels or bins harvested per tree.
•   Number of employees, additional # at harvest time.
•   IPM, biological controls, are spray records and certification current? Is equipment
•   Problem pests
•   Fertilization: Spray, compost, or mulching practices
•   Irrigation and water sources
•   Thinning practices?
•   Bushel baskets and bins: is farm name present? Please list if name is different.
•   Grading or labeling machines in use? Bagging machines? Name listed on bags?
•   Ensuring integrity of products sold at GM are from your own trees: Indicate only if
    product is purchased from other sources.
•   Cider production? Are they pressing on farm? Is equipment clean? Can you detect that
    it has been in recent use? If pressing off farm, where. See invoices, agreements.
•   Labeling: processed by, sold by, etc. If not pasteurized, is consumer warning label
•   HACCP plan for cider in place and being utilized:
•   Sample Audit: Show the math here. Provide copies of receipts if possible or applicable.
•   Vehicles:
•   Marketing: how are they doing at Greenmarket?
•   Exit Interview – Additional Information Needed, Issues of Concern
• Ask lots of questions
• Listen
• Make notes of everything
• Take photos
• Maintain respect and confidentiality
• Do not talk about other producers
• You are there to gather information and to
• Violations can only be issued by the Director
  or Board (Depending on your organization)
     Communicating an Area of
• In the exit interview you should discuss any areas of
  concern you have with a producer, before you leave
  the farm.
• Make sure that they understand any confusion you
  may have with regard to their process.
• Give the producer every opportunity to show you
  what you need to see to clear up the confusion. If
  you are not satisfied with their explanation, let them
  know that too.
• Follow up in a timely manner, do not let a possible
  violation linger if you can help it.
Follow Up: After an Inspection
• Write reports of each inspection and include
  good documentation.
• Gather further information, research topics
  and issues where you have more questions.
• Conduct follow up inspections if necessary to
  further verify products, processes, volume.
• Report suspected violations to your
          Build an Archive
• Develop baseline information about
  your producers.
• Establish Farmer/producer files
  – Crop plans, product lists, farm maps
  – Farm Inspection Reports
  – Market Inventories
  – Photos
Issuing Violations or Penalties
• You must develop a system for determining
  violations. The inspector should not be the
  investigator, the judge and the jury. This will
  depend on the organizational structure of
  your market.
   – Within staff; Director, senior manager, inspector.
   – By committee; if this includes farmers, then those
     with a conflict of interest should recues
Procedures Following a Violation

• Establish penalties for violations.
• Penalties should be reasonable and fair, but
  are also meant to deter violations of the rules.
• Notify the producer of the violation and
  subsequent penalty.
• Create a system for review that is available
  for producers to challenge your findings.
     Part III: For Inspectors
• Develop your resources
  – Reference materials, seed catalogs
  – Trusted advisors who are removed from
    your community
  – Ag. Experts at Universities or extension
  – Advocacy organizations: ATTRA, Rodale
  – Inspector networks and training: IOIA
   (Independent Organic Inspectors Association)
     Psychology of Inspections
• Fred’s speed limit /cop theory. “Everybody will speed if they do
  not see an enforcement presence. People will at least slow
  down if they see a cop on the highway.”
• The human capacity to rationalize and lie
   – Perfectly likeable people will lie to your face.
   – To be caught is (usually), embarrassing.
       • Methods of avoidance; distraction, denial
• Confrontation is difficult. Sometimes simply asking a direct
  question can be confrontational, and will elicit an emotional
• Always stick to the facts. Do not make it personal.
• Keep in mind the impact of community and agreed to community
• People like to talk about each other
     ….A LOT.
• Rumor
  – Do listen to rumors but take them with a grain of
    salt but know that sometimes there is a grain of
    truth as well.
  – Falsehoods; people will say terrible and wildly
    inaccurate things about each other. Know that
    envy, maliciousness and plain ignorance exist.

  Work to develop a filter.
 Code of Conduct for Inspectors
• Support and encourage the development,
  implementation and advancement of the
  market’s mission
• Abide confidentiality agreements
• Maintain the highest possible standards of
• Foster goodwill and cooperation
• Report suspected fraud
• Avoid situations of conflict of interest
 Conclusion; The Social Contract
          of the Market
• Inspector & Management reliability
   – You will be wrong sometimes, make mistakes, make
     oversights. You will not know everything.
   – Your reliability as an inspector, member of the community is
     most important. Your word is everything.
   – Producers must ultimately trust that you are working on their
     behalf, and for the good of the market.
• Producer accountability
   – Producers who are breaking the rules must be held
   – “Over time, the inconsistencies will be revealed” Inspector X
• Consumer Trust
   – Consumers must have trust in the identity and promise of
     your market.
Greenmarket is a program of the
  Council on the Environment
     New York City, N.Y.

Prepared for the Farmers’ Market
     Federation of New York
          March, 2009

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