Farmers Market Support Amendment Act of 2025

Reproduced from the official legislative record. Confirm the current text and status at the official source.

ENROLLED ORIGINAL 1 AN ACT ___________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ___________ To amend the Department of Health Functions Clarification Act of 2001 to establish a farmers market support program within the Department of Health to provide technical assistance to farmers markets, farm stands, and mobile markets, to recommend improvements to the licensing and permitting processes and regulations, to oversee coordination between agencies regulating farmers markets, and to establish and administer a farmers market grant program; and to amend the Vending Regulation Act of 2009 to require the Mayor to establish a centralized application system for farmers markets, standardize licensing and permitting requirements, and waive the fees for operating in a low food access area. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Farmers Market Support Amendment Act of 2025”.

Sec. 2. The Department of Health Functions Clarification Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731 et seq.), is amended by adding a new subtitle C-ii to read as follows: “Subtitle C-ii. Farmers Markets. “Sec 4938. Definitions. “For the purposes of this subtitle, the term: “(1) “Farmer” means a person or entity that raises or produces locally grown farm products on land that the person or entity farms and owns, rents, or leases for direct sale to consumers. “(2) “Farmers market” means a market at a fixed location with 2 or more vendors that includes at least one farmer, is open to the public, is operated by a District or federal government agency, a for-profit or non-profit organization, or one or more farmers or producers, and operates at least 6 times per calendar year, and where at least 50 percent of the vendors are providing direct-to-consumer sales of locally grown farm products or locally processed food products. “(3) “Farm products” means fruits, vegetables, mushrooms, herbs, nuts, shell eggs, honey or other bee products, flowers, nursery stock, fish, and livestock food products, including meat, milk, cheese, and other dairy products. ENROLLED ORIGINAL 2 “(4) “Farm stand” means a fixed location with one farmer vendor that is open to the public, operated by a District or federal government agency, a for-profit or non-profit organization, or a farmer, and operates at least 6 times per calendar year, and where at least 50% of sales consist of direct-to-consumer sales of locally grown farm products and value-added farm products. “(5) “Locally grown” shall have the same meaning as provided in section 101(3) of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code § 38-821.01(3)). “(6) “Locally processed food products” means food that has been processed, including canning, cooking, dehydrating, milling, or the addition of other ingredients, in the jurisdictions listed in section 101(3) of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code § 38-821.01(3)). The term “locally processed food products” includes cooked ready-to-eat foods, bread, baked goods, pickles, jams, and other value-added farm products. “(7) “Low food access area” means a census tract where: “(A) More than 20% of households earn 185% or less of the federal poverty line; and “(B) At least 500 people or 33%, whichever is greater, of the population live more than 0.5 miles or a 10-minute walk from a grocery store. “(8) “Mobile market” means a farm stand that travels to 2 or more fixed locations and operates at least 6 times per calendar year. “(9) “Producer” means a person or entity that produces locally processed food products. “(10) “Value-added farm product” means any product processed by a producer from a locally grown farm product. “Sec. 4939. Farmers market support program. “(a) There is established within the Department of Health (“Department”) a farmers market support program (“program”). “(b) The program shall: “(1) Provide information and technical assistance relating to permitting, licensure, accepting federal and local benefits, and any other relevant support to farmers markets, farm stands, and mobile markets operating or seeking to operate in the District; “(2) Provide recommendations to the Mayor and Council to improve existing District licensing, permitting, and processes for establishing and operating a farmers market, farm stand, or mobile market, including recommendations for implementing the centralized application system established by section 7(b) of the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; D.C. Official Code § 37-131.06(b)); “(3) Convene and coordinate with District agencies involved in licensing, permitting, and supporting farmers markets, farm stands, and mobile markets, including the Office of Planning, the District Department of Transportation, the Department of Parks and Recreation, the Department of Small and Local Business Development, and the Department of ENROLLED ORIGINAL 3 Licensing and Consumer Protection, for the purpose of supporting farmers markets, farm stands, and mobile markets in the District, including establishing the centralized application system under section 7(b) of the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; D.C. Official Code § 37-131.06(b)); “(4) Create and update annually a publicly available online map of farmers market, farm stand, and mobile market locations, including their hours of operation; “(5) Conduct marketing and promotional activities for farmers markets, farm stands, and mobile markets, with a focus on those located in low food access areas; “(6) Administer the farmers market support grant program established by subsection (d) of this section; and “(7) Procure equipment and services to increase customer access to fresh produce and improve farmers market, farm stand, and mobile market infrastructure. “(c) The program may: “(1) Evaluate the health and economic impacts of farmers markets, farm stands, and mobile markets on customers and nearby businesses; “(2) Apply for federal, state, or private grant programs or other funding opportunities that would support farmers markets, farm stands, or mobile markets in the District or the activities of the program; “(3) Assist farmers markets, farm stands, mobile markets, and their participating vendors with accepting federal or local nutrition benefits; “(4) Assist farmers markets, farm stands, mobile markets, and their participating vendors in obtaining technological equipment, software, or other e-commerce tools; and “(5) Offer direct support to customers, including ride-share benefits, home delivery services, and other programs, that would improve access to farmers markets, farm stands, or mobile markets. “(d) There is established a farmers market support grant program (“farmers market grant”) that shall provide at least $250,000 annually in grant funding to support farmers markets, farm stands, and mobile markets located in low food access areas. The grant funding shall be used for: “(1) Purchasing materials to establish or expand a farmers market, farm stand, or mobile market, including tables, tents, signage, storage, and marketing materials; “(2) Financial assistance to an entity located in a low food access area for the purpose of hosting a farmers market, farm stand, or mobile market on its property; “(3) Operational and staffing costs; “(4) Extending operations for an existing farmers market, farm stand, or mobile market during cold weather months outside of its normal operating season; “(5) Public safety and post-market cleanup related services; “(6) Wholesale purchasing, buy-backs, or subscription-based purchasing from vendors at the farmers market, farm stand, or mobile market to provide predictable revenue streams; or ENROLLED ORIGINAL 4 “(7) Customer incentives, including matching programs for federal and local benefits and coupons. “(e)(1) The farmers market grant authorized by subsection (d) of this section shall be available to existing farmers markets, farm stands, and mobile markets in low food access areas, and to entities that show sufficient proof, as established by the Department’s grant application process, that they intend to operate a farmers market, farm stand, or mobile market in a low food access area. “(2) Preference shall be given to entities that are providing locally grown fruits and vegetables, or which include District-owned businesses as vendors.”.

Sec. 3. The Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18- 71; D.C. Official Code § 37-131.01 et seq.), is amended as follows: (a) Section 2 (D.C. Official Code § 37-131.01) is amended as follows: (1) Paragraph (1) is redesignated as paragraph (1B). (2) New paragraphs (1) and (1A) are added to read as follows: “(1) “Farmers market” shall have the same meaning as in section 4938(2) of the Department of Health Functions Clarification Act of 2001, passed on 2nd reading on June 17, 2025 (Enrolled version of Bill 26-109). “(1A) “Farm stand” shall have the same meaning as in section 4938(4) of the Department of Health Functions Clarification Act of 2001, passed on 2nd reading on June 17, 2025 (Enrolled version of Bill 26-109).”. (3) Paragraph (2) is redesignated as paragraph (2A) (4) A new paragraph (2) is added to read as follows: “(2) “Mobile market” shall have the same meaning as in section 4938(8) of the Department of Health Functions Clarification Act of 2001, passed on 2nd reading on June 17, 2025 (Enrolled version of Bill 26-109).”. (5) Paragraph (2A) is amended by striking the phrase “including a farmers market, flea market, or antique market.” and inserting the phrase “including a flea market or antique market.” in its place. (b) Section 3(b)(3) (D.C. Official Code § 37-131.02(b)(3)) is amended by striking the phrase “at a public market” and inserting the phrase “at a farmers market or public market” in its place. (c) Section 4(b) (D.C. Official Code § 37-131.03(b)) is amended by striking the phrase “event or public market” and inserting the phrase “event, farmers market, or public market” in its place. (d) Section 7 (D.C. Official Code § 37-131.06) is amended to read as follows: “Sec. 7. Public markets and farmers markets. “(a) The Mayor may require the permitting of public markets and farmers markets on public space and may require the licensing of managers of public markets and farmers markets on public space and private space. ENROLLED ORIGINAL 5 “(b)(1) By January 1, 2028, the Mayor shall establish a centralized application system for the purpose of streamlining the licensing and permitting of farmers markets that shall: “(A) Enable a farmers market to provide the required documentation to one government agency through an online portal; “(B) Make the documentation available to any other relevant agency for review, including for a permit to operate on public space; “(C) Clearly communicate to applicants through the online portal the status of their application, including whether they are missing any required documents and which approvals are still pending; and “(D) Notify the applicant when each necessary license or permit has been approved. “(2) The Mayor shall post on a public facing website the standard requirements for a license, permit, or authorization to operate a farmers market, farm stand, or mobile market in the District.”. (e) Section 8(a-1) (D.C. Official Code § 37-131.07(a-1)) is amended as follows: (1) Strike the term “farmer’s market” wherever it appears and insert the phrase “farmers market” in its place. (2) A new paragraph (2A) is added to read as follows: “(2A) Notwithstanding any other provision of this section, the Mayor shall waive all licensing, permitting, or temporary parking restriction fees for a farmers market, farm stand, or mobile market located, or applying to locate, in a low food access area.”. (1) Paragraph (3) is amended to read as follows: “(3) For the purposes of this subsection, the term “low food access area” shall have the same definition as in section 4938(7) of the Department of Health Functions Clarification Act of 2001, passed on 2nd reading on June 17, 2025 (Enrolled version of Bill 26- 109).”.

Sec. 4. Conforming Amendments. (a) Section 101(3) of the Food, Environmental, and Economic Development in the District of Columbia Act of 2010, effective April 8, 2011 (D.C. Law 18-353; D.C. Official Code § 2-1212.01(3)), is amended to read as follows: “(3) “Farmers market” shall have the same meaning as in section 4938(2) of the Department of Health Functions Clarification Act of 2001, passed on 2nd reading on June 17, 2025 (Enrolled version of Bill 26-109).”. (b) The Food Policy Council and Director Establishment Act of 2014, effective March 10, 2015 (D.C. Official Code § 48-311 et seq.), is amended as follows: (1) Section 2 (D.C. Official Code § 48-311) is amended as follows: (A) Paragraph (3) is repealed. (B) A new paragraph (6A) is added to read as follows: ENROLLED ORIGINAL 6 “(6A) “Low food access area” shall have the same definition as in section 4938(7) of the Department of Health Functions Clarification Act of 2001, passed on 2nd reading on June 17, 2025 (Enrolled version of Bill 26-109). (2) Section 3 (D.C. Official Code § 48-312) is amended by striking the term “food deserts” both times it appears and insert the phrase “low food access areas” in its place. (c) Section 4 of the Health Services Planning Program Re-establishment Act of 1996, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-403), is amended as follows: (1) Subsection (a) is amended by striking the number “15” and inserting the number “9” in its place. (2) Subsection (c) is amended as follows: (A) Paragraph (1) shall be amended by striking the word “Four” and inserting the word “Two” in its place. (B) Paragraph (2) shall be amended by striking the word “Three” and inserting the word “Two” in its place. (C) Paragraph (6) is repealed. (3) Subsection (d) is amended by striking the phrase “Government representatives shall serve for the duration of their service in the positions stated in subsection (c)(6) and (7) of this section.” and inserting the phrase “The government representative shall serve for the duration of their service in the described position.” in its place. (4) Subsection (e) is amended by striking the phrase “2 consecutive terms” and inserting the phrase “2 consecutive full terms” in its place.

Sec. 5. Applicability. (a) Sections 2, 3, and 4(a) and (b) shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan. (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification. (c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register. (2) The date of publication of the notice of the certification shall not affect the applicability of provisions identified in subsection (a) of this section. Sec. 6. Fiscal impact statement. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 7. Effective date. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) and a 30-day period of congressional ENROLLED ORIGINAL 7 review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). ___________________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia

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