Permit fees too spendy for farmers market vendors

Health board moves to change fee schedule

EPHRATA — Dan and Dani Bolyard came Wednesday to the Grant County Board of Health meeting with a concern the Bolyards say is on the minds of other vendors who sell baked goods at the Ephrata Farmers Market: cost-prohibitive food permit fees.

Dani read a letter to the Board of Health outlining her and her husband's concerns that because they do not own their own licensed kitchen, permit fees to sell at the farmers market have become burdensome.

The issue has become so much of a concern that the Bolyards said one baker has already communicated they will not be coming back to the farmers market, adding that the Bolyards have been considering doing the same unless something is changed.

"You get rid of these baked items and a big portion of the farmers market is gone," Dani said.

Charging vendors a $10 weekly fee during the farmers market season was also brought up as another concern the Bolyards have, which they say is costing vendors too much.

The Grant County Health District charges $10 a week to vendors for a non-potentially hazardous food permit. Vendors also pay a $10 charge for a food handlers permit approximately once every two years.

One of the main concerns Dani addressed to the board was that in 2005 her and her husband were told they did not need any further permits than the health card they had purchased for $10. They were also of the understanding they did not need to pay a license fee for the kitchen they were using at Food Pavilion because it was already licensed.

The Bolyards were able to use the kitchen at Food Pavilion as Dan is the manager in the bakery there. He had worked out an agreement to use the facilities after his shift and uses his own funds to purchase ingredients.

In the mean time the Bolyards have been paying the $10 weekly fee, but have not yet been inspected by the health district.

"Where is that point (where) we have paid for the inspections,?" she asked.

As the health district food code specifically focuses on regulations for food establishments, Dani told the board she does not feel her family's operations at the market fall under the temporary food establishment category.

There is no food being prepared on site at the market such as at other year round events where there are mobile food carts. Nor are there hand washing or cooking facilities at the market, Dani told the board.

Making a profit is not the main motivator for the Bolyards being at the market either, but building clientele so they can one day start their own bakery.

Health district environmental health director Jerry Campbell, who had previously met with the Bolyards, said he checked with other counties to see what their policy was regarding permit fees for vendors at farmers markets.

Campbell said in his conversations with most other counties, a permit fee is charged to vendors who sell at area farmers markets.

It was also pointed out by Campbell that while businesses like Food Pavilion or Safeway are already licensed, someone else coming in to use their facilities is considered to be another business and therefore would still have to pay a permit fee.

Steve Shinn, a former Moses Lake city councilman who has been involved with the Moses Lake Farmers Market, attended Wednesday's meeting.

Shinn told the health board that from a vendor's point of view, it's not that they don't want to comply with health district regulations, but that it becomes a financial burden as most of the vendors cannot afford to run a small scale bakery.

During the discussion, board member James Liebrecht said his opinion on the matter is that small town activities such as the farmers market should be exempt from the permit fees as the health district does not need the revenue.

Later on Health Officer Dr. Alexander Brzezny asserted that whether the health district needs the money or not is not the issue.

It costs money for the health district to come out and inspect, Brzezny said, adding that it is also the district's job to ensure a proper process is being followed in the cooking of food.

"That's why we care and that's why we want you to have that permit," he said.

So far the Bolyards have paid $20 and said they have been told they owe an additional $10 for the weekend of July 4.

Attorney Jim Whitaker, who sits on the board, questioned whether the board has authority to change anything at this point regarding the fees as it may be an issue the state has already preempted.

"The solutions you're seeking may be with the state board of health, not here," Whitaker told the Bolyards.

However, an exemption under the fee schedule in section 11 authorizes the health officer to establish a new fee schedule immediately and then hold a public hearing next month to amend the change.

By the end of the meeting it was moved and seconded to set up a new fee schedule and it was agreed the Bolyards would pay $50 a year for an annual license. What they have already paid this farmers market season toward that $50 would be applied to the annual fee.