CLAYTON • Vendors at farmers markets in St. Louis County are calling for a limit on fees that the county Health Department has been charging, calling them excessive and inconvenient.

But some supermarkets have urged the county to stand firm, saying that capping or eliminating the fees would give the proliferating farmers markets a competitive edge.

The county now requires vendors to pay a $75 "seasonal food establishment permit" at each market at which they sell their products.

If vendors want to dispense samples, they must pay an additional $35 for a "temporary food establishment permit," which is valid for two weeks.

Deb Henderson, the manager of the Clayton Farmers Market, spoke last month on behalf of the vendors before several County Council members on the Justice and Health Committee.

"What happens is we have a number of farmers or other food vendors who might attend anywhere from one to a half-dozen of these markets and they're paying $75 to attend each one, and then $35 every two weeks just to hand out samples," Henderson told the committee. "In some cases, these fees are costing these small businesses about $500 a season. They have a small profit margin to begin with, and this really eats into it."

Henderson said the fees could force the vendors to take their business elsewhere, which she said would hamper what has become a growing element of the county economy.

FOOD AND CRAFTS

The metro area has 40 such markets, including ones in Ferguson, Maplewood, Kirkwood, Ellisville, University City and Webster Groves.

Some markets open two or more days a week. In addition to fruits and vegetables, many also offer locally produced meat, eggs, honey and other food products, as well as the work of local artisans and craftspeople.

The council members were sympathetic to Henderson's complaints.

"The system is way too complicated now, and I think (vendors and managers) deserve to have the fees and the red tape minimized," said Councilwoman Hazel Erby, D-University City, the committee chair.

The committee told the vendors that it would consider introducing legislation to limit the fees and streamline the process. Among the options the council members said they would consider is to have a one-time $75 seasonal permit fee that would cover every market at which the vendors sell. The committee also said it would consider capping the fee for handing out samples.

Two supermarket chains, Schnucks and Dierbergs, have registered complaints with the county Health Department about the vendors' efforts to minimize fees.

"Dispensing with fees for the farmers markets would create an unlevel playing field," said Schnucks spokesman Paul Simon. "We have to make sure that we are following all the codes and all laws in the jurisdictions we sell or prepare food in. And we don't think the farmers markets should be exempt from any of the fees we pay."

WILLING TO COMPROMISE

Dr. Dolores Gunn, the Health Department's director, said she was willing to compromise on fees for handing out samples.

"We might, say, cap a fee for the whole season at $193," Gunn said.

But she defended requiring the $75 fee per vendor, per market.

"We require inspections at every supermarket and restaurant, and we should for the farmers markets, as well," she said. "Our fees are not excessive. They cover the cost of inspections that are critical to protecting the public's health. And the vendors can't expect the taxpayers to pay for inspecting their for-profit businesses."

By contrast, the city of St. Louis charges vendors at Soulard Farmers Market $3,600 a year for an indoor stall that is open Wednesday through Saturday. The fee for an outside stand open Friday and Saturday is $1,320 a year. Those fees also cover any samples that are given out.

Gunn did reverse the department's practice on one issue when she said her staff would stop requiring fees for farmers who sell meat and poultry at the markets. Gunn agreed that those vendors were covered by a state law that prohibited imposing fees or taxes on farmers who sell retail or wholesale their products in any quantity, so long as it was not from a permanently established place of business.

On a recent Saturday, lines stood 15-deep at the Clayton Farmers Market for items ranging from produce to organic beef.

At her Pound Cakes Etc. stand, Jessie Pearl was giving out samples of her lemon pound cake.

"I use three pounds of lemons — sometimes four — for each cake," she told a customer. "I don't like a 'dead' lemon cake."

Pearl said that she had not paid the county for a $35 temporary food permit.

"They have not charged me for one," she said. "And if they do, I couldn't afford to pay it. I'll just have to quit handing out samples."

Another vendor, who asked to remain anonymous, said he had not paid any fees to the county this year and did not intend to.

The vendor said he sells his food product at three farmers markets in the county.

"I called the county Health Department and I got four different answers for every question I asked about the permits," the vendor said.

"I got so frustrated that I decided I was not going to pay a cent until the county forced me to."