Current through Register Vol. 24-18, September 15, 2024
(1) To become
authorized to offer basic food incentives, a farmers' market or farm stand
must:
(a) Be in good standing with the United
States Department of Agriculture as an authorized farmers' market or farm stand
that can accept SNAP benefits through electronic benefit transfer;
(b) Provide documentation to the department
showing United States Department of Agriculture approval to accept SNAP
benefits;
(c) Apply as a farmers'
market or farm stand on a form determined by the department including
documentation demonstrating that the farmers' market or farm stand applicant
meets the following criteria:
(i) Have a
designated staff member on-site during operating hours that has completed all
required basic food incentive training;
(ii) Have days and times posted for operating
hours; and
(iii) Have at least one
vendor selling fresh fruits and vegetables.
(d) Execute a contract with the
department.
(2) The
department is not required to authorize all applicants. Selection is based on
available funding and community needs and preferences.
(3) An authorized farmers' market or farm
stand must reapply at the end of the contract period; however, neither the
department nor the participant has an obligation to renew a contract.
(4) Authorized farmers' markets and farm
stands must, at a minimum:
(a) Comply with the
basic food incentives requirements and the terms of their contract;
(b) Accept annual training and other
technical assistance on basic food incentives requirements from department
staff;
(c) Provide training to
employees and volunteers on basic food incentive requirements including, but
not limited to, eligible foods, distribution and redemption procedures, data
tracking, evaluation requirements, and fiscal recordkeeping;
(d) Be accountable for the actions of
employees and volunteers;
(e)
Ensure basic food incentives are only redeemed for eligible foods;
(f) Comply with federal and state
nondiscrimination laws;
(g) Ensure
that participants receive the same courtesies as other customers;
(h) Promote the availability of basic food
incentives with materials provided by the department;
(i) Promptly provide the department, upon
request, with any information it has available regarding its participation in
basic food incentives;
(j) Allow
the department to share information about the farmers' market or farm stand
related to basic food incentives with program partners and in public
reports;
(k) Allow the department
to monitor the farmers' market for compliance with basic food incentive
requirements and fiscal recordkeeping;
(l) Notify the department immediately if the
farmers' market's operations cease; and
(m) Comply with department instructions and
guidance with respect to the program.
(5) Authorized farmers' markets or farm
stands that do not comply with requirements of this chapter are subject to
termination of their contract. Such noncompliance includes, but is not limited
to:
(a) Violating the requirements of any
applicable state or federal law;
(b) Violating any provision of the contract
between the department and the authorized farmers' market or farm stand;
or
(c) Accepting basic food
incentives without having a signed contract with the department.
(6) Prior to contract termination,
the department must consider whether the contract termination would create
undue hardships to participants.
(7) Trafficking in basic food incentives in
any amount will result in contract termination. Farmers' markets and farm
stands should ensure basic food incentives are not trafficked among any
participants.
(8) An authorized
farmers' market or farm stand that has a terminated contract may reapply for
reauthorization.
