Membership Qualifying Criteria
Conditions of membership
- On application to Food Drink Devon to become a member, a representative of the company will visit the proposed member to ensure they comply with the qualifying criteria.
- Membership lasts for 12 months from the date of joining and will be automatically renewed on the date of joining (“Renewal Date”) for successive 12 month periods until cancelled by either party by giving written notice to the other not less than 1 month before the Renewal Date.
- The company reserves the right to make spot checks to ensure conditions of membership are upheld.
- The company reserves the right to cancel membership to any authorised member if the board of the company deem actions taken by the member or products produced by the member bring, or have the potential to bring, the company and the brand into disrepute.
- The board of the company reserves the right to refuse membership to any applicant if the member or the member’s products are not deemed to be appropriate for use with the brand. The Board’s decision will be final and will have taken into account specialist technical information as and when required.
Sanctions against misuse of the brand
The company has a right to require members to immediately cease using the brand if that person or business is deemed not to be adhering to the qualifying criteria.
If, having moved to an area outside Devon and therefore cease to provide sustainable benefits to the area of Devon, and the party continues to use the brand on an unauthorised basis, local Trading Standards will be notified and proceedings may be instituted under the Trade Marks Act 1994.
In the case of any dispute, correspondence should be addressed to the Chairman of Food Drink Devon Ltd.
Power to amend
The company reserves the right to change the regulations at any time provided that the Registrar of Trade Marks has approved such amendments. The annual renewal form will inform members of any amendments and proposed changes to the regulations that are to be implemented.
Qualifying Criteria for Members - farmers, growers, producers, processors or service providers of food and drink products
Qualifying Criteria for Members
The Board has discretion in the application of these criteria.
All Members wishing to use the Collective Mark must:
- Be located within the County. Meet these Qualifying Criteria;
- Be approved to do so by the Board;
- Pay the Annual Fee and any requisite administration fee as notified to the Member by the Company from time to time;
- Actively promote products to consumers and customers by including the Collective Mark on, without limitation, merchandising, websites, labels, point of sale material and packaging;
- Abide by relevant and current environmental law and standards of environmental practice, take measures to reduce any harmful effects on the environment, make efforts to reduce their carbon footprint, and have a sustainable environmental policy and adhere to the same;
- Comply with all relevant Trading Standards and consumer protection legislation in force from time to time;
- Fully support and assist the Company and its Members in achieving its mission –”To make Food Drink Devon a nationally recognised brand for outstanding sustainable food and drink”; and,
- Withdraw all use of the Collective Mark and remove any reference to their Membership upon expiry, termination or cancellation of their Membership for any reason.
In addition, Members operating in the Hospitality, Accommodation and Retail sectors wishing to use the Collective Mark must:
- Source at least five (5) products from Food Drink Devon producer Members and as many products as possible from Devon.
In addition, Producer Members wishing to use the Collective Mark must use their best efforts to:
- Supply their produce to at least five (5) existing Food Drink Devon Hospitality, Accommodation or Retail members within six (6) months of application approval. If this condition is not met, such Producer Member’s permission to use the Collective Mark may be revoked at the discretion of the Board without further notice.
- Make every effort to use foods grown, reared, produced, processed and packaged within the county using accredited associations of quality, sustainability and provenance where possible. If products use ingredients that are not available in the county then the process and packaging must be carried out within the county. Producers must comply within all regulations in force for their particular sector.
The Annual Fees for Membership are based on the Members’ annual business turnover (actual figures or projections) as follows:
- Up to £84,000 (for businesses in their 1st year of trading only) = £108 + vat
- Up to £99,999 = £155 + vat
- £100k - £499,999 = £230 + vat
- £500,000 - £999,999 = £335 + vat
- Over £1m = £440 + vat
Additional Listing: A member may have an additional listing for further premises for a flat rate fee of £100 + vat.
Group Membership: May be offered by the Board at a discretionary fee. Individual members of the Group can only use the Collective Mark if they become a member in their own right.
Supporter Membership: Any business based in Devon who provide support services to food and drink businesses can become a Supporter member, fees as follows:
- Up to £499,999 = £230 + vat
- £500,000 - £999,999 = £335 + vat
- Over £1m = £440 + vat
All fees are payable on a 12 month basis. Membership lasts for 12 months from the date of joining and will be automatically renewed on the date of joining (“Renewal Date”), with the full amount payable, for successive 12 month periods until cancelled by either party by giving written notice to the other not less than 1 month before the Renewal Date.
The Board reserves the right to amend fees by serving notice to the Members and an administration fee may be charged to joining Members at the discretion of the Board. Such fee will be decided and notified to joining Members from time to time.