Iowa Administrative Code
Agency 21 - Agriculture and Land Stewardship Department
Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program
Rule 21-50.8 - Farmers' Market, Farmstand, and Community Supported Agriculture (CSA) Authorization
Universal Citation: IA Admin Code 21-50.8
Current through Register Vol. 47, No. 6, September 18, 2024
(1) Authorized farmers' markets shall:
a. Annually submit an
application for farmers' market authorization in a manner outlined by the
department. The application shall be submitted by a representative with the
legal authority to obligate the farmers' market and serve as evidence of
willingness by a person(s) associated with the farmers' market to implement all
Iowa FMNP requirements.
b. Have a
minimum of three eligible certified vendors or certified vendor applicants
participate in the farmers' market for at least nine consecutive weeks. The
names of these three vendors shall be included in the application for
authorization.
c. Maintain posted
hours and days of operation throughout the season, specifically detailed to
cover any anticipated fluctuations in operations over the season.
d. Actively operate for at least two hours on
the same day, on at least a biweekly basis, for at least nine consecutive
weeks, except that pop-up farmers' markets managed by or with the support of an
authorized farmers' market may operate less frequently and for less than two
hours. For example, an authorized market operates at the county fair for a
single day. An application for authorization must be submitted by the pop-up
market and must demonstrate shared management with, or a letter of support
from, the primary authorized farmer's market.
e. Maintain accessibility and consistency of
the farmers' market site throughout the season.
f. Notify the department if the farmers'
market changes the posted hours and days of operation prior to the end of the
authorization period.
(2) Authorized farmstands shall:
a. Annually
submit an application for farmstand authorization in a manner outlined by the
department. The application shall be submitted by a representative with the
legal authority to obligate the farmstand and serve as evidence of willingness
by a person(s) associated with the farmstand to implement all Iowa FMNP
requirements.
b. Be operated by a
certified vendor. The certified vendor may submit an application for farmstand
authorization concurrently with a certified vendor application.
c. Maintain posted hours and days of
operation to be maintained throughout the season, specifically detailed to
cover any anticipated fluctuations in operations over the season.
d. Actively operate for at least two hours on
the same day, on at least a biweekly basis, for at least nine consecutive
weeks, except that authorized farmstands may operate for less than nine
consecutive weeks if their eligible food crops have a limited growing
season.
e. Maintain accessibility
and consistency of the farmstand site throughout the season.
f. Be staffed during posted hours and days of
operation.
g. Notify the department
if the farmstand changes the posted hours and days of operation prior to the
end of the authorization period.
h.
Qualify as a permanent farmstand or a moveable farmstand.
(1) A permanent farmstand shall be operated
from a permanent building that is primarily used for the sale of eligible foods
or other farm products, is not moveable, and remains in the same location
year-round. The building shall have at least a roof, sidewalls, and a solid
floor to protect product and people. Wood post frame, stud frame, rigid-frame
metal, and concrete block construction are suitable farmstand construction. The
building must be maintained in a manner consistent with standards generally
accepted for this type of business.
(2) A farmstand that does not meet the
structural requirements of a permanent farmstand or a certified vendor stall
not located at an authorized farmers' market may be considered a moveable
farmstand. If three or more applications for moveable farmstands located at a
nonauthorized farmers' market are received by the department, the applicants
may be required to meet the authorization requirements of a farmers' market. A
moveable farmstand shall not operate concurrently with the posted hours and
days of any authorized farmers' market within five miles unless the farmstand
is located at the certified vendor's residence or primary grow site or has
operated from a structure at the same location for a minimum of five
consecutive years.
The Department may authorize a limited number of moveable farmstands, which may operate for less than two hours and less than nine consecutive weeks and are not subject to distance limitations from authorized farmers' markets. A primary consideration for authorization shall be how these moveable farmstands will improve Iowa FMNP participants' access to eligible foods and redemption of Iowa FMNP vouchers. These farmstands may be located at sites readily accessible by Iowa FMNP participants, including but not limited to WIC Clinics, senior housing facilities, community centers, congregate meals sites, and Iowa FMNP distribution sites. Once authorized, these farmstands must provide written notification to the local WIC and senior agencies of the service area to communicate the location, hours, and days of operation for FMNP.
(3) The department may limit the number of CSAs that may become authorized under Iowa FMNP. CSAs will not be authorized for WIC FMNP. An authorized CSA shall:
a.
Annually submit an application for CSA authorization in a manner outlined by
the department. The application shall be submitted by a representative with the
legal authority to obligate the CSA and serve as evidence of willingness by a
person(s) associated with the CSA to implement all Iowa FMNP
requirements.
b. Be operated by a
certified vendor. The certified vendor may submit an application for CSA
authorization concurrently with a certified vendor application.
c. Have a designated distribution site where
eligible foods are distributed to senior participants.
d. Provide such information as the department
may require for its periodic reports to USDA-FNS.
e. Ensure that SFMNP recipients receive only
eligible foods.
f. Provide eligible
foods to SFMNP shareholders at or below the price charged to other
customers.
g. Ensure that the
shareholders receive eligible foods that are of equitable value and quantity to
their share.
h. Ensure that all
funds from the department are used for planting of crops for SFMNP
shareholders.
i. Provide to the
department access to a tracking system that determines the value of the
eligible foods provided and the remaining value owed to each SFMNP
shareholder.
j. Ensure that SFMNP
shareholders/authorized representatives provide written acknowledgment of
receipt of eligible foods.
k.
Accept training on SFMNP procedures and provide training to farmers and any
employees with SFMNP responsibilities for such procedures.
l. Agree to be monitored for compliance with
SFMNP requirements, including both overt and covert monitoring.
m. Be accountable for actions of farmers or
employees in the provision of eligible foods and related activities.
n. Offer SFMNP shareholders the same
courtesies as other customers.
o.
Notify the department immediately when the CSA program is experiencing a
problem with its crops and may be unable to provide SFMNP shareholders with the
complete amount of eligible foods agreed upon between the CSA and the
department.
p. Comply with Title VI
of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972,
Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of
1975, and Department of Agriculture regulations on nondiscrimination contained
in Parts 15, 15a and 15b and FNS instructions as outlined in Part 249.7 of
Title 7 Code of Federal Regulations, as of May 26, 2005.
q. Notify the department if any CSA program
ceases operation prior to the end of the authorization period.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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