Ted Firestine sorts produce at Ted’s Market in Island Pond. Mr. Firestine has seen growing consumer interest in knowing about the sources of food and how it is processed. Consumer demand has driven rule changes for marketing terms used in Vermont. Photos by Bethany M. Dunbar
In Vermont, an apple advertised as “farm fresh” must come directly from the farm to the store, or the seller faces a $10,000 fine.
And a product has to satisfy a complex set of rules before it puts “Vermont” on its label.
As consumer demand grows for fresh, local, and organic products the value and definition of those terms becomes increasingly important.
Vermont has more detailed legal definitions of some advertising terms than other states, and the first prosecution of a consumer fraud rule about “farm fresh” produce came recently in a case against Price Chopper Supermarkets.
Assistant Attorney General Elliot Burg recently took Price Chopper to court for using the term “farm fresh” in a flyer to advertise produce that had been shipped from a farm to a distribution center and then to the store. The case went to Washington Superior Court, where an out-of-court settlement was reached before it went to trial. Price Chopper paid $10,000, and the grocery chain’s flyers now read simply “fresh” over the pictures of produce.
Mona Golub of Price Chopper says she does not agree with the Vermont rule about the term “farm fresh.”
“I think the point is freshness, and freshness is not dependent on location,” she said. She said vegetables that come from a farm in New York state and go to a distribution center, then to the store within 24 hours, are extremely fresh.
“Consumers are not being bilked out of a fresh product,” she said. “That really is the crux of our argument.”
Meanwhile, she said, a Vermont farmer might pick some corn and keep it in a barn at the farm overnight or for a day or two, then take it directly from the farm to a store. That corn would not be as fresh as Price Chopper’s, but could still be called “farm fresh.”
She said the 115 Price Chopper stores all deal with local farmers.
“We do whenever we can,” she said.
The rule defining “farm fresh” came about in 1997. Mr. Burg said the federal Food and Drug Administration has definitions of the word “fresh” and possibly the word “natural.” But Vermont’s rule took that a step further with its definition of “farm fresh.”
“I don’t believe that there’s any other state that has that spelled out,” said Mr. Burg. The rule that defines “farm fresh,” CF 117, also defines “local,” “native” and “our own.”
The rule defines “local” as within 30 miles, unless the seller uses another geographic term such as “local to New England.” The term “native” means it must have been grown in Vermont. “Our own” means the fruit or vegetable must have been grown and harvested by the sellers, or by a business owned and operated by the sellers.
Consumer fraud rules define those terms and the use of the word “Vermont” on a label. But the Vermont Seal of Quality and the use of the word organic are separate certification programs.
Organic farms common in Orleans County
Randy Burke of Newport likes to buy local produce but doesn’t worry much about whether or not it’s organic.
In Vermont, organic certification is handled by the Northeast Organic Farming Association.
Katherine Sims makes and sells organic honey with her husband, Josh White, in Lowell under the label Northwoods Apiaries. Ms. Sims said the couple decided to get organic certification, even though it would cost them some money, because they felt it would be a seal that consumers could trust.
She said terms like “raw” are used when selling honey, but consumers want terms they can understand. The organic seal is something they can understand, she said. It means the farm has been inspected.
In order to get organic certification, the bee hives had to be kept a specific distance away from farmland that is not organic. Ms. Sims said over the years they have been able to move their hives closer and closer to home as more and more farmers have switched to organic methods in the area.
In fact, NOFA lists 52 certified organic farms in Orleans County out of 394 organic farms listed in the state of Vermont. Of the 52, 23 are dairy farms. The others produce hay and pasture, vegetables, berries, chickens, flowers, livestock feed, yogurt, and honey, among other things.
At the Mountain View Stand on the Newport-Derby road, Randy Burke of Newport was buying cucumbers on Tuesday. He often makes the extra stop, and doesn’t worry much about whether or not the vegetables are organic. He just wants to support the local farmers and get quality fresh vegetables.
“I usually have a garden,” he said, but with the wet spring he never got one planted. He likes to buy local and also supports the farmers market.
“It’s good for the economy. It stays here, it’s money in the Kingdom,” he said. “You pretty much know how it’s grown.”
Barbara Judd bought the stand five years ago, and she said demand for fresh local produce has been growing every year. She has noticed people asking more questions in the last two years, and especially this year.
“They want to know the source of things,” she said. Ms. Judd grew up on a farm. Her father was a farmer as was her father’s father, and she feels strongly about supporting local farmers and getting quality produce. The stand is open for about six months of the year.
When Ms. Judd first bought the stand, Canadian farmers tried to sell her their produce. She said she didn’t want it, preferring Vermont produce. They told her she would never make a go of it without them, but she said she has proven them wrong.
Ironically, the rule about the word “local” does not eliminate Canadian produce for a stand that is less than 30 miles from the border. Ms. Judd said she doesn’t think it’s right that Canadian produce might be called “local.” It definitely can’t be called “native,” she added.
Ms. Judd has never regretted her initial decision, and loves working with the Vermont farmers. Not all of her produce is from Vermont, but she gets as much as possible from within the state. She said her secret to success is that she is extremely picky and sends back anything that is not of high quality. She is fanatical about cleanliness, she said. She and her workers are constantly “buffing and fluffing” as she put it.
“I really think I’ve got some of the best growers around,” she said, adding that her Vermont products are often not more expensive than those in the supermarkets.
Ms. Judd gets organic greens and other vegetables from Berry Creek Farm in Westfield. She said the owners have incredibly high quality produce and are wonderful to work with.
One thing she has found that consumers don’t always appreciate is that not all items are available all season long.
Ms. Judd isn’t the only one who is getting more questions from customers.
“It seems like everyone is demanding more and more healthier products,” said Ted Firestine, the owner of Ted’s Market in Island Pond. He has been in the grocery business for 24 years locally, and has seen a growing trend of consumer awareness. He has added organic products such as peanut butter and honey, and he sells local sweet corn, beet greens, or whatever is available locally whenever he can.
Mr. Firestine said the trend is not just about vegetables — people want organic meat as well, or at least they want to know where it came from and how it was produced. He is about to get a line of “smart chickens” that are processed with cold air rather than cold water to avoid cross-contamination. People are willing to pay more for these products and are looking for them, he said.
Even seafood must say whether it is wild or farm-raised, and the country of origin, he said.
As the owner of a small local store, Mr. Firestine likes to be flexible and adapt to what his customers want.
He said people like to “be treated like a friend instead of just a number.”
What’s in a name?
The Mountain View Stand on the Newport-Derby road supports Vermont farmers whenever possible.
In 2005 a rule was put in place that defines how people can use the word “Vermont” on a label.
Mr. Burg at the attorney general’s office said the Vermont rule came about after four cases had been prosecuted under the consumer fraud law.
The first was in 1989, when a company called Mad River Traders labeled its soda “Vermont all natural soda.” But the ingredients were all from out of state, and the soda was made out of state. Mr. Burg said the Vermont connection was that one of the company owners had a second home here, and some of the creative work was done here.
In another case, in 1990, Bordens, Inc., bought a Vermont company that produced maple syrup and honey. Bordens decided to change the label to increase the size of the word Vermont, even though the ingredients were from outside Vermont and it wasn’t produced here.
A third prosecution was against a Quebec-based cheese company, and a fourth was against a company that made wooden bowls and cutting boards. Some of its inventory was made in Vermont.
Mr. Burg said state officials decided it would be helpful to businesses to define the use of the word Vermont to avoid prosecution.
These rules are spelled out on the attorney general’s web site. Rule CF 120, which defines how advertisers can use the word Vermont, is six pages long. The web site includes a section of frequently asked questions, the results of a survey of consumers, and a report done in April 2005 by the Center for Rural Studies at the University of Vermont.
The survey asked people in 5,900 households to look at sample labels and answer questions about whether that label suggests the product is made in Vermont, the company is based in Vermont, or that the main ingredients come from Vermont.
The survey showed that for respondents who live in Vermont, just over 54 percent were influenced by the fact a product is made in Vermont. Of those surveyed outside Vermont, just over 14 percent were influenced by the Vermont name.
The rule defines “Vermont made” and “Vermont ingredients.” In order for a primary ingredient to be considered a Vermont ingredient, 75 percent must come from Vermont over a one-year period.
Mr. Burg said his office does not handle the Vermont Seal of Quality, which is a quality certification program rather than an enforcement issue. That program is handled by the Vermont Department of Agriculture.
He said if someone was using the seal falsely, his office could potentially prosecute for deceptive advertising, but that issue has never come up.
Ms. Golub said Price Chopper sells lots of Vermont products and is proud to do so.
“I think Vermont has done an excellent job of branding itself,” she said, when asked if she thinks Vermont products are worth more than others.
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