Wic Farm Direct Nutrition Program

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_333/333_052.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON HEALTH AUTHORITY,

PUBLIC HEALTH DIVISION

 

DIVISION 52
WIC FARM DIRECT NUTRITION PROGRAM

333-052-0030
Program Overview
(1) The purpose
of the Oregon Farm Direct Nutrition Program (Oregon FDNP or FDNP) is to:
(a) Provide
locally grown, fresh, nutritious, unprepared fruits, vegetables, and cut culinary
herbs to women, infants, and children, who participate in the special supplemental
nutrition program for women, infants, and children (WIC) and to low income seniors;
and
(b) Expand
the awareness and use of farmers' markets and farm stands where consumers can buy
directly from the farmer.
(2) The Oregon
FDNP is administered by the Oregon Health Authority (Authority) in partnership with
the Oregon Department of Agriculture.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 8-2012(Temp),
f. & cert. ef. 6-11-12 thru 12-7-12; PH 15-2012, f. & cert. ef. 12-20-12
333-052-0040
Definitions
(1) “Adequate Participant Access”
means there are authorized farmers sufficient for participant need.
(2) "Agreement" means a written
legal document binding the market or farmer and the Authority to designated terms
and conditions.
(3) “AAA” means
Area Agency on Aging.
(4) “ADRC” means
Aging and Disability Resource Connection.
(5) “APD” means
Department of Human Services, Aging and People with Disabilities.
(6) “Authority”
means the Oregon Health Authority.
(7) "Authorized" or "authorization"
means an eligible farmer or farmers' market has met the selection criteria and signed
an agreement with the Authority allowing participation in FDNP, and is not currently
disqualified.
(8) “Check” means
a negotiable financial instrument by which FDNP benefits are provided to participants.
(9) “CMP” means
a civil money penalty.
(10) "Disqualification" means
the act of terminating the agreement of an authorized farmers’ market, or
farmer from the FDNP for noncompliance with program requirements.
(11) "Eligible foods" means
fresh, nutritious, unprepared, locally grown fruits and vegetables and culinary
herbs for human consumption. Eligible foods may not be processed or prepared beyond
their natural state except for usual harvesting and cleaning processes. For example,
checks cannot be used for honey, maple syrup, cider, nuts, seeds, plants, eggs,
meat, cheese and seafood.
(12) “Farm Direct Nutrition
Program” or “FDNP” means the Oregon Farm Direct Nutrition Program
(Oregon FDNP), which is composed of the collective Senior Farm Direct Nutrition
Program and WIC Farm Direct Nutrition Program, regulated by the United States Department
of Agriculture, Food and Nutrition Services and administered by the State of Oregon.
(13) “Farmer”
means an individual who owns, leases, rents or sharecrops land to grow, cultivate
or harvest crops on that land.
(14) "Farmers' Market" means
a group of farmers who assemble over the course of a year at a defined location
for the purpose of selling their produce directly to consumers.
(15) “Farm Stand”
means a location at which a farmer sells produce directly to consumers.
(16) “FDNP Participant”
or “participant” means a senior participant or a WIC participant receiving
FDNP benefits.
(17) “Fine” means
a monetary penalty imposed against the farmer for non-compliance of FDNP rules.
(18) "Locally grown" means
grown in the state of Oregon or in the following counties of a contiguous state:
California — Del Norte, Modoc, Siskiyou; Idaho — Adams, Canyon, Idaho,
Owyhee, Payette, Washington; Nevada — Humboldt, Washoe; Washington —
Asotin, Benton, Clark, Columbia, Cowlitz, Garfield, Klickitat, Pacific, Skamania,
Wahkiakum, Walla Walla.
(19) "Local WIC agency" means
the agency or clinic where a WIC participant receives WIC services and benefits.
(20) "Market" means a farmers'
market that has a signed agreement with the Authority to participate in the FDNP.
(21) "Market Coordinator"
means an individual designated by the farmers' market manager (or market board members)
responsible for overseeing the market's participation in the FDNP.
(22) “Market Season”
means the time period in which FDNP checks may be transacted as determined by the
Authority.
(23) “Senior Farm Direct
Nutrition Program (SFDNP)” means the Senior Farmers’ Market Nutrition
Program funded by USDA that provides senior participants with checks that can be
used to buy eligible foods from an authorized farmer.
(24) “Senior Participant”
means an individual who is over 60 years of age, meets all the eligibility components
of the program and who receives FDNP checks.
(25) “SNAP” means
the Supplemental Nutrition Assistance Program of the Food and Nutrition Services
of the United States Department of Agriculture. This program was formerly known
as the Food Stamp Program or “FSP.”
(26) "Trafficking" means
the buying or exchanging of FDNP checks for cash, drugs, firearms or alcohol.
(27) “USDA” means
the United States Department of Agriculture.
(28) “Validating" means
stamping the FDNP check in the designated box with the farmer identification number
using the stamp provided by the Authority or a replacement stamp purchased by the
farmer.
(29) “Violation”
means an activity that is prohibited by OAR 333-052-0030 through 333-052-0090 and
classified in OAR 333-052-0080 through 333-052-0130.
(30) "WIC" or "WIC program"
means the Special Supplemental Nutrition Program for Women, Infants and Children
(WIC) authorized by Section 17 of the Federal Child Nutrition Act of 1966, as amended,
42 U.S.C.§1786.
(31) “WIC Farm Direct
Nutrition Program (WIC FDNP)” means the Farmers’ Market Nutrition Program
funded by USDA that provides WIC participants with checks that can be used to buy
eligible foods from an authorized farmer.
(32) "WIC participant" means
any pregnant, breastfeeding, or postpartum woman, infant, or child who meets all
of the eligibility components of the WIC FDNP and receives WIC FDNP checks.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500
Hist.: PH 10-2006, f. &
cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 5-2011(Temp), f. &
cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 8-2012(Temp),
f. & cert. ef. 6-11-12 thru 12-7-12; PH 15-2012, f. & cert. ef. 12-20-12;
PH 4-2014, f. & cert. ef. 1-30-14
333-052-0043
Senior Participant Eligibility and
Benefits
(1) An individual is eligible for the
Senior Farm Direct Nutrition Program (SFDNP) if the individual meets all of the
following eligibility criteria on April 1 of the calendar year in which benefits
are sought:
(a) Has income less than
135 percent of the Federal Poverty Level as listed in OAR 461-155-0295;
(b) Receives Medicaid or
SNAP benefits;
(c) Is homeless or resides
in their own home or rental property; and
(d) Is age 60 years or older.
(2) SFDNP benefits are limited
and benefits will be distributed in an equitable manner but may not be distributed
to all individuals who are eligible.
(3) The Authority shall inform
eligible seniors each year of the available benefits and how the benefits will be
distributed.
(4) SFDNP benefits are valid
from June 1 through October 31 of the year in which benefits were issued.
(5) Lost or stolen SFDNP
benefits will not be replaced.
(6) An individual who does
not receive a benefit in any given year due to lack of sufficient funding to provide
SFDNP benefits to all eligible seniors is not entitled to hearing rights.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500
Hist.: PH 15-2012, f. &
cert. ef. 12-20-12; PH 4-2014, f. & cert. ef. 1-30-14
333-052-0044
WIC Participant Eligibility and Benefits
(1) A WIC participant is eligible to
receive WIC Farm Direct Nutrition Program (WIC FDNP) benefits if the participant
meets all of the following eligibility criteria on the date of FDNP benefit issuance:
(a) Is currently receiving
benefits under the WIC Program; and
(b) Belongs to any of the
following WIC categories:
(A) A pregnant woman;
(B) A breastfeeding woman
less than one year after delivery;
(C) A non-lactating post-partum
woman less than six months after delivery;
(D) A child through the end
of the month he or she turns five years of age; or
(E) An infant four months
of age or older.
(2) WIC FDNP benefits are
limited and benefits will be distributed in an equitable manner within participating
local agencies but may not be distributed to all individuals who are eligible.
(3) The Authority will determine
a standard benefit package per eligible individual and per family each year.
(4) WIC FDNP benefits will
only be issued to the participant/caretaker in a face-to-face contact at the local
agency where WIC benefits are received, and the participant/caretaker must receive
a FDNP orientation when receiving checks for the first time in the current year.
(5) WIC FDNP benefits are
valid from June 1 through October 31 of the year in which benefits were issued.
(6) Lost or stolen WIC FDNP
benefits will not be replaced.
(7) Individuals who are denied
WIC FDNP benefits may appeal the denial, but shall not receive WIC FDNP benefits
while awaiting the decision.
(8) WIC participants whose
WIC FDNP benefits are terminated may appeal the termination of benefits and shall
continue to receive WIC FDNP benefits until the hearing official reaches a decision
or the expiration of the current FDNP season, whichever occurs first.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500
Hist.: PH 15-2012, f. &
cert. ef. 12-20-12; PH 4-2014, f. & cert. ef. 1-30-14
333-052-0050
Eligible Foods
(1) FDNP checks
may be used to purchase only eligible foods.
(2) Ineligible
items include, but are not limited to:
(a) Baked
goods, cheeses, cider, crafts, dairy products, dried fruits, dried herbs, dried
vegetables, eggs, flowers, fruit juices, honey, jams, jellies, meats, nuts, plants
of any kind, potted herbs, seafood, seeds, and syrups.
(b) Fresh
fruits, vegetables, and cut culinary herbs that are not locally grown.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012,
f. & cert. ef. 12-20-12
333-052-0060
Farmer Participation
(1) Only authorized
farmers may accept FDNP checks from participants in exchange for eligible foods.
Authorized farmers may not accept checks from unauthorized farmers.
(2) In order
to be eligible for participation in the FDNP, a farmer applicant must:
(a) Own,
lease, rent or sharecrop land to grow, cultivate, or harvest fruits, vegetables
and cut herbs in Oregon or a bordering county in a contiguous state to sell fresh
at a farmers’ market or farm stand;
(b) Complete
the farmer application and return it to the Oregon Department of Agriculture to
verify eligibility; and
(c) Agree
to follow the terms and conditions of the farmer agreement.
(3) Applications
will be used to determine authorization for FDNP.
(4) The Authority
and the FDNP are not required to authorize all applicants.
(5) Any individual
who purchases all the produce they plan to sell is considered a distributor and
is not allowed to participate in the FDNP.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012,
f. & cert. ef. 12-20-12
333-052-0065
Farmer Agreements
(1) A farmer application/agreement
must be signed by a representative who has legal authority to obligate the farmer.
(2) The farmer
agreement must include a requirement that the farmer comply with OAR 333-052-0030
to 333-052-0130, as applicable to farmers.
(3) The farmer
application/agreement will be valid for no more than three years.
(4) Neither
the Authority nor the farmer is obligated to renew the agreement.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012,
f. & cert. ef. 12-20-12
333-052-0070
Farmers’
Market Participation
(1) In order to
be eligible for participation in the FDNP a farmers’ market applicant must:
(a) Designate
an individual to be the FDNP market coordinator who will be on-site during operating
hours;
(b) Have
a minimum of five FDNP-eligible farmers participating in the market each year;
(c) Operate
on a consistent basis over the course of the season; and
(d) Agree
to comply with all terms and conditions specified in the FDNP agreement.
(2) The Authority
and the FDNP are not required to authorize all applicants.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012,
f. & cert. ef. 12-20-12
333-052-0075
Farmers’
Market Agreements
(1) A farmers’
market application/agreement must be signed by a representative who has legal authority
to obligate the market.
(2) The application/agreement
must include a requirement that the market:
(a) Comply
with OAR 333-052-0030 to 333-052-0130, as applicable to markets;
(b) Furnish
the necessary personnel and services to conduct market activities; and
(c) Do all
things necessary for or incidental to the performance of the work set forth in the
application/agreement.
(3) The market
application/agreement will be valid for one market season.
(4) Neither
the Authority nor the market has an obligation to renew an agreement.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08
333-052-0080
Farmer Participation Requirements, Violations and Sanctions
(1) An authorized
farmer must:
(a) Comply
with FDNP requirements contained in 7 CFR 248 and 7 CFR 249 and the terms and conditions
of the farmer application/agreement;
(b) Accept
training on FDNP requirements and ensure that all individuals working in the farmer’s
stall(s) at the farmers’ market(s) or farm stand(s) are trained;
(c) Accept
FDNP checks:
(A) For eligible
foods only; and
(B) Within
the valid dates of the program.
(d) Prominently
display the official FDNP sign provided by the Authority on each day of operation
when at authorized farmers’ markets or authorized farm stands;
(e) Provide
FDNP clients with the full amount of product for the value of each FDNP check;
(f) Cooperate
with staff from the Authority, the Oregon Department of Agriculture, or their designees
in monitoring for compliance with program requirements and provide information that
the Authority or the Oregon Department of Agriculture may require;
(g) Comply
with all state or federal laws regarding non-discrimination, and applicable USDA
instructions to ensure that no individual will, on the grounds of race, color, national
origin, age, sex or handicap, be excluded from participation, be denied benefits,
or be otherwise subjected to discrimination, under the FDNP;
(h) Ensure
that FDNP shoppers receive equitable treatment, including the availability of produce
that is of the same quality and no greater price than sold to other shoppers;
(i) Assure
that all FDNP checks are stamped with the farmer’s Authority-assigned identification
number and properly endorsed before cashing or depositing at the farmer’s
financial institution;
(j) Deposit
or cash FDNP checks at the authorized farmer’s financial institution by the
date determined by the Authority;
(k) Reimburse
the Authority for FDNP checks that are improperly transacted;
(l) Respond
to requests, implement corrective action, and comply with the terms in final orders
as directed by the Authority;
(m) Not provide
credit in exchange for FDNP checks;
(n) Not charge
sales tax on FDNP check purchases;
(o) Not seek
restitution from FDNP participants for a check not paid by the Authority;
(p) Not give
cash back for purchases that amount to less than the value of a check (providing
change);
(q) Not use
FDNP checks for any purpose other than deposit or cash at their financial institution;
and
(r) Not accept
FDNP checks from unauthorized farmers.
(2) A farmer
is in violation of the FDNP if the farmer:
(a) Fails
to:
(A) Comply
with FDNP rules and the terms and conditions of the farmer application/agreement;
(B) Accept
training on FDNP requirements and ensure that all individuals working in the farmer’s
stall(s) at the farmers’ market(s) or farm stand(s) are trained;
(C) Prominently
display the official FDNP sign provided by the Authority on each day of operation
when at authorized farmers’ markets or authorized farm stands;
(D) Provide
FDNP clients with the full amount of product for the value of each FDNP check;
(E) Comply
with all state or federal laws regarding non-discrimination, and applicable USDA
instructions to ensure that no individual will, on the grounds of race, color, national
origin, age, sex or handicap, be excluded from participation, be denied benefits,
or be otherwise subjected to discrimination, under the FDNP;
(F) Ensure
that FDNP shoppers receive equitable treatment, including the availability of produce
that is of the same quality and no greater price than sold to other shoppers;
(G) Assure
that all FDNP checks are stamped with the farmer’s Authority-assigned identification
number and properly endorsed before cashing or depositing at the farmer’s
financial institution;
(H) Deposit
or cash FDNP checks at the authorized farmer’s financial institution by the
date determined by the Authority;
(I) Reimburse
the Authority for FDNP checks that are improperly transacted;
(J) Cooperate
with staff from the Authority, the Oregon Department of Agriculture, or their designees
in monitoring for compliance with program requirements and provide information that
the Authority or the Oregon Department of Agriculture may require;
(K) Respond
to requests, implement corrective action, or comply with the terms in final orders
as directed by the Authority.
(b) Accepts
FDNP checks:
(A) For ineligible
foods;
(B) For invalid
dates; or
(C) From
an unauthorized farmer.
(c) Provides
credit in exchange for FDNP checks;
(d) Charges
sales tax on FDNP check purchases;
(e) Seeks
restitution from FDNP participants for a check not paid by the Authority;
(f) Gives
cash back for purchases that amount to less than the value of a check (providing
change);
(g) Uses
FDNP checks for any purpose other than deposit or cash at their financial institution.
(3) Farmer
sanctions:
(a) The Authority
may issue a notification of non-compliance to an authorized farmer for an initial
incident of:
(A) Accepting
FDNP checks for ineligible foods;
(B) Failing
to prominently display the official sign provided by the Authority, each market
day when at authorized farmers’ markets or authorized farm stands;
(C) Failing
to provide FDNP clients with the full amount of product for the value of each FDNP
check;
(D) Failing
to ensure that FDNP shoppers receive equitable treatment, including the availability
of produce that is of the same quality and no greater price than sold to other shoppers;
(E) Failing
to reimburse the Authority for FDNP checks that are improperly transacted;
(F) Charging
sales tax on FDNP check purchases;
(G) Seeking
restitution from FDNP participants for checks not paid by the Authority;
(H) Giving
cash back for purchases less than the value of the checks (providing change);
(I) Accepting
FDNP checks from an unauthorized farmer;
(J) Failing
to respond to requests, implement corrective action, or comply with the terms in
final orders as directed by the Authority;
(K) Using
FDNP checks for any purpose other than deposit or cash at the authorized farmer’s
financial institution; and
(L) Failing
to cooperate with staff from the Authority, the Oregon Department of Agriculture,
or their designees in monitoring for compliance with program requirements and failing
to provide information that the Authority or the Oregon Department of Agriculture
may require.
(b) The Authority
may disqualify a farmer for four season months, which may cross from the year during
which the violation occurred into the following year for an initial incident of
providing credit in exchange for FDNP checks.
(c) The Authority
may disqualify a farmer for four season months, which may cross from the year during
which the violation occurred into the following year, for second or subsequent incidents
of:
(A) Accepting
FDNP checks for ineligible foods;
(B) Failing
to prominently display the official sign provided by the Authority, each market
day when at authorized farmers’ markets or authorized farm stands;
(C) Failing
to provide FDNP clients with the full amount of product for the value of each FDNP
check;
(D) Failing
to ensure that FDNP shoppers receive equitable treatment, including the availability
of produce that is of the same quality and no greater price than sold to other shoppers;
(E) Charging
sales tax on FDNP check purchases;
(F) Seeking
restitution from FDNP participants for checks not paid by the Authority;
(G) Using
FDNP checks for any purpose other than deposit or cash at the authorized farmer’s
financial institution;
(H) Charging
FDNP participants higher prices than other customers;
(I) Giving
cash back for purchases less than the value of the checks (providing change);
(J) Accepting
FDNP checks from an unauthorized farmer; and
(K) Failing
to respond to requests, implement corrective action, or comply with the terms in
final orders as directed by the Authority.
(d) The Authority
may not authorize farmers to accept FDNP checks the season following second or subsequent
incidents of:
(A) Failing
to reimburse the Authority for FDNP checks that are improperly transacted; or
(B) Failing
to cooperate with staff from the Authority or the Oregon Department of Agriculture,
or their designees in monitoring for compliance with program requirements and failing
to provide information required to be submitted by the Authority or the Oregon Department
of Agriculture.
(e) The Authority
may immediately disqualify a farmer from the FDNP program for the remainder of the
current season and the entire following season for an initial incident of:
(A) Trafficking
in FDNP checks (exchanging checks for cash, controlled substances, tobacco products,
firearms or alcohol) in any amount; or
(B) A USDA
substantiated violation of laws regarding non-discrimination, and applicable USDA
instructions.
(f) FDNP
checks that are not stamped with the farmer’s Authority-assigned identification
number will be returned to the farmer without payment;
(g) FDNP
checks redeemed outside the dates determined by the Authority will not be reimbursed;
and
(h) FDNP
checks redeemed by a farmer who has not been authorized will not be reimbursed.
(4) Farmers
who do not comply with FDNP requirements are subject to sanctions, including fines,
in addition to, or in lieu of, disqualification.
(a) Prior
to disqualifying a farmer, the Authority may determine if disqualification of the
farmer would result in inadequate participant access. If the Authority determines
that disqualification of the farmer would result in inadequate participant access,
the Authority may impose a CMP in lieu of disqualification in the amount of 5 percent
of the farmer’s previous season FDNP sales or $250, whichever is greater.
(b) The Authority
must give written notice to a farmer of an action proposed to be taken against a
farmer, not less than 15 days before the effective date of the action. The notice
must state what action is being taken, the effective date of the action, and the
procedure for requesting a hearing.
(c) A farmer
that has been disqualified from the FDNP may reapply at the end of the disqualification
period.
(d) The Authority
may accept a farmer’s voluntary withdrawal from the program as an alternative
to disqualification. If a farmer chooses to withdraw in lieu of disqualification,
the farmer may not apply for participation until the following year.
(e) The Authority
will not reimburse farmers who have been disqualified or have withdrawn in lieu
of disqualification.
(f) Fines
must be paid to the Authority within the time period specified in the Notice.
(5) A farmer
who commits fraud or abuse of the FDNP is subject to prosecution under applicable
federal, state or local laws.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012,
f. & cert. ef. 12-20-12
333-052-0090
Market Participation
Requirements, Violations and Sanctions
(1) An authorized
market must:
(a) Comply
with FDNP requirements contained in 7 CFR 248 and 7 CFR 249, FDNP rules, and the
terms and conditions of the market application/agreement;
(b) Ensure
that an authorized farmer is present at the market during all market hours of operation;
(c) Accept
training on FDNP procedures and provide such training to market staff including
volunteers and eligible farmers on behalf of the Authority;
(d) Cooperate
in the Authority investigations of authorized farmers who:
(A) Redeem
checks for ineligible foods;
(B) Charge
FDNP customers higher prices than other customers;
(C) Accept
checks outside the Authority determined market season;
(D) Give
change for food purchased with FDNP checks (providing change);
(E) May not
meet the definitions of “eligible farmer;” and
(F) Abuse
any other program procedures.
(e) Comply
with all state or federal laws regarding non-discrimination, and applicable USDA
instructions to ensure that no individual will, on the grounds of race, color, national
origin, age, sex or handicap, be excluded from participation, be denied benefits,
or be otherwise subjected to discrimination, under the FDNP;
(f) Cooperate
with staff from the Authority or the Oregon Department of Agriculture, or their
designees in monitoring for compliance with program requirements and provide information
required to be submitted by the Authority or the Oregon Department of Agriculture
may require; and
(g) Respond
to requests, implement corrective action, and comply with the terms in final orders
as directed by the Authority.
(2) A market
is in violation of the FDNP rules if the market fails to:
(a) Ensure
that an authorized farmer is present at the market during all market hours of operation;
(b) Accept
training on FDNP procedures and provide such training to market staff including
volunteers and eligible farmers on behalf of the Authority;
(c) Cooperate
in the Authority investigations of authorized farmers;
(d) Comply
with all state or federal laws regarding non-discrimination, and applicable USDA
instructions to ensure that no individual will, on the grounds of race, color, national
origin, age, sex or handicap, be excluded from participation, be denied benefits,
or be otherwise subjected to discrimination, under the FDNP;
(e) Cooperate
with staff from the Authority or the Oregon Department of Agriculture, or their
designees in monitoring for compliance with program requirements and provide information
that the Authority or the Oregon Department of Agriculture may require;
(f) Notify
the Authority when and if the market ceases operation prior to the end of the authorization
period;
(g) Be accountable
for the actions of market staff, including volunteers, in the provision of foods
and related activities; and
(h) Respond
to requests, implement corrective action, and comply with the terms in final orders
as directed by the Authority.
(3) Market
sanctions:
(a) The Authority
may issue a notice of non-compliance to an authorized market for an initial incident
of failing to:
(A) Ensure
that an authorized farmer is present at the market during all market hours of operations;
(B) Accept
training on FDNP procedures and provide such training to market staff including
volunteers and eligible farmers on behalf of the Authority;
(C) Cooperate
in the Authority investigations of authorized farmers;
(D) Cooperate
with staff from the Authority, the Oregon Department of Agriculture, or their designees
in monitoring for compliance with program requirements and provide information that
the Authority or the Oregon Department of Agriculture may require; and
(E) Respond
to requests, implement corrective action, and comply with the terms in final orders
as directed by the Authority.
(b) A market
may not be authorized the following year if, within the current season, there is
a second or subsequent occurrence of failing to:
(A) Ensure
that an authorized farmer is present at the market during all market hours of operations;
(B) Accept
training on FDNP procedures and provide such training to market staff including
volunteers and eligible farmers on behalf of the Authority;
(C) Cooperate
in the Authority investigations of authorized farmers;
(D) Cooperate
with staff from the Authority, the Oregon Department of Agriculture, or their designees
in monitoring for compliance with program requirements and failing to provide information
required to be submitted by the Authority or the Oregon Department of Agriculture;
and
(E) Respond
to requests, implement corrective action, and comply with the terms in final orders
as directed by the Authority.
(c) The Authority
may immediately disqualify a market from the FDNP program for the remainder of the
current season and the entire following season for an initial incident of a USDA
substantiated violation of laws regarding non-discrimination, and applicable USDA
instructions.
(4) Markets
who do not comply with FDNP requirements are subject to sanctions.
(a) The Authority
must give written notice to a market of an action proposed to be taken against a
market, not less than 15 days before the effective date of the action. The notice
must state what action is being taken, the effective date of the action, and the
procedure for requesting a hearing;
(b) A market
that has been disqualified from the FDNP may reapply at the end of the disqualification
period; and
(c) The Authority
may accept a market’s voluntary withdrawal from the program as an alternative
to disqualification. If a market chooses to withdraw in lieu of disqualification,
the market may not apply for participation until the following year.
(5) A market
that commits fraud or abuse of the FDNP is subject to prosecution under applicable
federal, state or local laws.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012,
f. & cert. ef. 12-20-12
333-052-0100
Oregon Health Authority Responsibilities
The Authority must:
(1) Administer
the Oregon Farm Direct Nutrition Program in accordance with 7 CFR 248 (Farmers’
Market Nutrition Program) and 7 CFR 249 (Senior Farmers’ Market Nutrition
Program);
(2) Distribute
or facilitate distribution of FDNP checks to participants;
(3) Assure
payment to farmers for properly redeemed FDNP checks;
(4) Assure
that training is provided to new market managers and farmers who are new to the
FDNP;
(5) Assure
that “Oregon Farm Direct Nutrition Checks Welcome Here” signs are provided
to all authorized farmers; and
(6) Monitor
authorized farmers and markets for compliance with FDNP rules and agreements, and
if necessary, impose sanctions.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 8-2012(Temp),
f. & cert. ef. 6-11-12 thru 12-7-12; PH 15-2012, f. & cert. ef. 12-20-12
333-052-0110
Monitoring
(1) The Authority
must monitor farmers and markets for compliance with applicable laws and rules,
including on-site investigation of randomly selected farmers and markets.
(2) The Authority
may conduct covert compliance buys of FDNP authorized farmers for compliance with
the Authority rules and regulations.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08
333-052-0120
Complaints
(1) Anyone wishing to file a complaint
against a FDNP participant, an authorized farmer, an authorized market, or the FDNP
may do so in the following manner:
(a) Send a written comment
to the WIC Compliance Coordinator at 800 NE Oregon St., Suite 865, Portland, Oregon,
97232; or
(b) Call the state WIC office
at 971-673-0040.
(2) A local WIC clinic, APD
office, ADRC, AAA office or market manager may file a complaint on behalf of an
individual who does not want to file a complaint independently.
(3) When the Authority receives
a complaint alleging discrimination on the basis of race, color, national origin,
age, sex or disability the Authority must automatically forward the complaint to
USDA for investigation.
(4) Individuals alleging
discrimination on the basis of race, color, national origin, age, sex or disability
may also write directly to USDA, Director, Office of Adjudication and Compliance,
1400 Independence Avenue SW, Washington, D.C. 20250-9410 or call (866) 632-9992
(voice) or (866) 377-8642 (TDD).
(5) The Authority may refer
complaints regarding farmers or markets to the Oregon Department of Agriculture
for investigation.
(6) The identity of any individual
filing a complaint will be kept confidential except to the extent necessary to conduct
any investigation, hearing or judicial proceeding regarding the complaint.
Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500
Hist.: PH 10-2006, f. &
cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012, f. & cert.
ef. 12-20-12; PH 4-2014, f. & cert. ef. 1-30-14
333-052-0130
Appeals
(1) Markets and
farmers are entitled to a hearing as provided by the Administrative Procedures Act
(ORS chapter 183) for a denial of participation, imposition of a sanction, or disqualification.
(2) Markets
and farmers may not be entitled to a hearing under the Administrative Procedures
Act to challenge:
(a) The validity
or appropriateness of the Authority’s selection criteria for farmer or market
participation;
(b) The validity
or appropriateness of the Authority’s participant access determinations;
(c) The duration
or expiration of a farmer or market agreement; or
(d) An Authority
decision regarding a check payment or claims.
(3) The Authority
may, at its discretion, permit the market or farmer to continue participating in
the program pending the outcome of an administrative hearing. The farmer may be
required to repay funds for FDNP checks redeemed during the pendency of the hearing,
depending on the hearing outcome.
(4) A request
for a hearing must be in writing and must be received within 30 days from the date
of the notice describing the proposed action.
(5) The request
for hearing must include:
(a) The name
and address of the farmer or market requesting the hearing;
(b) The name
and address of the attorney representing the farmer or market, if any;
(c) The decision
made or action taken by the Authority against the farmer or market;
(d) The reason
the farmer or market disagrees with the decision or action;
(e) Any special
needs or requirements, such as, an interpreter or other special accommodations;
and
(f) An attached
copy of the notice from the Authority.
(6) If a
hearing is requested under subsection (1) of this rule, a final written decision
must be made within 60 days from the date the request for a hearing was received
by the WIC Operations Manager. The time for issuing a decision may be extended upon
agreement by the parties.
Stat. Auth.: ORS
413.500

Stats. Implemented:
ORS 413.500

Hist.: PH
10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012,
f. & cert. ef. 12-20-12

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
Read Entire Law on arcweb.sos.state.or.us