justicedao/ipfs_state_laws huggingface dataset:
333-052-0043 Senior Participant Eligibility and Benefits (1) An individual is eligible for the Senior Farm Direct Nutrition Program if the individual meets all the following eligibility criteria on April 1 of the calendar year in which benefits are sought: (a) Has income less than 138 percent of the Federal Poverty Level; (b) Receives Medicaid or SNAP benefits; (c) Resides in their own home or rental property or is experiencing houselessness; and (d) Is age 62 years or older. (2) Senior Farm Direct benefits are limited and benefits will be distributed in an equitable manner but the Oregon Health Authority (Authority) is not required to distribute benefits to all individuals who are eligible. (3) The Authority shall undertake best efforts to inform eligible seniors each year of the available benefits and how the benefits will be distributed. (4) Program benefits are valid from June 1 through November 30 of the year in which benefits were issued. (5) Lost or stolen Farm Direct benefits will not be replaced. (6) An individual who does not receive a benefit in any given year based on a funding decision is not entitled to hearing rights. Statutory/Other Authority: ORS 413.500 & ORS 411.813 Statutes/Other Implemented: ORS 413.500 & ORS 411.813 History: PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 53-2020, amend filed 06/01/2020, effective 06/01/2020 PH 229-2018, amend filed 06/01/2018, effective 06/01/2018 PH 24-2015, f. 12-8-15, cert. ef. 1-1-16 PH 4-2014, f. & cert. ef. 1-30-14 PH 15-2012, f. & cert. ef. 12-20-12
333-052-0044 WIC Participant Eligibility and Benefits (1) A WIC participant is eligible to receive WIC Farm Direct Nutrition Program benefits if the participant meets all the following eligibility criteria on the date of Farm Direct benefit issuance: (a) Is currently receiving benefits under the WIC Program; and (b) Belongs to any of the following WIC categories: (A) A pregnant person; (B) A person who is breastfeeding less than one year after delivery; (C) A non-lactating post-partum person less than six months after delivery; (D) A child through the end of the month they turn five years of age; or (E) An infant older than four months of age. (2) WIC Farm Direct benefits are limited and benefits will be distributed in an equitable manner within participating local agencies but the Oregon Health Authority (Authority) is not required to distribute benefits to all individuals who are eligible. (3) The Authority will determine a standard benefit package per eligible individual and per family each year. (4) Program benefits may be issued to the participant/caretaker in a face-to-face contact by local WIC agency staff or by U.S. mail, and the participant/caretaker must receive a Program orientation when receiving vouchers for the first time in the current year. (5) Program benefits are valid from June 1 through November 30 of the year in which benefits were issued. (6) Lost or stolen Farm Direct benefits will not be replaced. (7) Individuals who are denied WIC Farm Direct benefits may appeal the denial, but shall not receive Farm Direct benefits while awaiting the decision. (8) WIC participants whose Farm Direct benefits are terminated may appeal the termination of benefits and shall continue to receive Farm Direct benefits until the hearing official reaches a decision or the expiration of the current Farm Direct season, whichever occurs first. Statutory/Other Authority: ORS 413.500 & ORS 411.813 Statutes/Other Implemented: ORS 413.500 & ORS 411.813 History: PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 15-2023, temporary amend filed 03/31/2023, effective 04/01/2023 through 09/27/2023 PH 53-2020, amend filed 06/01/2020, effective 06/01/2020 PH 229-2018, amend filed 06/01/2018, effective 06/01/2018 PH 4-2014, f. & cert. ef. 1-30-14 PH 15-2012, f. & cert. ef. 12-20-12
333-052-0050 Eligible Foods (1) Farm Direct vouchers 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, non-edible flowers, fruit juices, honey, jams, jellies, meats, nuts, potted plants of any kind, potted herbs, seafood, seeds, syrups and wild rice. (b) Fresh fruits, vegetables, and cut culinary herbs that are not locally grown. (c) Fruits, vegetables, or cut culinary herbs that are processed or frozen. Statutory/Other Authority: ORS 413.500 & ORS 411.813 Statutes/Other Implemented: ORS 413.500 & ORS 411.813 History: PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 15-2023, temporary amend filed 03/31/2023, effective 04/01/2023 through 09/27/2023 PH 53-2020, amend filed 06/01/2020, effective 06/01/2020 PH 15-2012, f. & cert. ef. 12-20-12 PH 7-2008, f. & cert. ef. 4-3-08 PH 10-2006, f. & cert. ef. 6-5-06
333-052-0060 Farmer Participation (1) Only authorized farmers may accept Farm Direct vouchers from participants in exchange for eligible foods. Authorized farmers may not accept vouchers from unauthorized farmers. (2) To be eligible for participation in the Program, a farmer applicant must: (a) Own, lease, rent or sharecrop land to grow, cultivate, or harvest locally grown 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 Health Authority (Authority) to verify eligibility; (c) Complete the Program orientation; and (d) Agree to follow the terms and conditions of the farmer agreement. (3) Applications will be used to determine authorization for Farm Direct. (4) The Authority and the Program 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 eligible to participate as an authorized farmer in Farm Direct. Statutory/Other Authority: ORS 413.500 & ORS 411.813 Statutes/Other Implemented: ORS 413.500 & ORS 411.813 History: PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 15-2023, temporary amend filed 03/31/2023, effective 04/01/2023 through 09/27/2023 PH 53-2020, amend filed 06/01/2020, effective 06/01/2020 PH 15-2012, f. & cert. ef. 12-20-12 PH 7-2008, f. & cert. ef. 4-3-08 PH 10-2006, f. & cert. ef. 6-5-06
333-052-0065 Farmer Agreements (1) A farmer application and a farmer agreement must both be signed by a representative who has legal authority to obligate the farmer. (2) The farmer must agree in the farmer agreement to comply with Program rules, as applicable to farmers. (3) The farmer agreement will be valid for no more than three years. (4) Neither the Authority nor the farmer is obligated to renew the agreement. Statutory/Other Authority: ORS 413.500 & ORS 411.813 Statutes/Other Implemented: ORS 413.500 & ORS 411.813 History: PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 53-2020, amend filed 06/01/2020, effective 06/01/2020 PH 15-2012, f. & cert. ef. 12-20-12 PH 7-2008, f. & cert. ef. 4-3-08 PH 10-2006, f. & cert. ef. 6-5-06
333-052-0100 Oregon Health Authority Responsibilities The Oregon Health Authority (Authority) must: (1) Administer the Oregon Farm Direct Nutrition Program (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 Farm Direct vouchers to participants; (3) Assure payment to farmers for properly redeemed Farm Direct vouchers; (4) Assure that training is provided to farmers who are new to the Program; (5) Assure that Program signs are provided to all authorized farmers; and (6) Monitor authorized farmers for compliance with Program rules and agreements, and if necessary, impose sanctions. Statutory/Other Authority: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249 Statutes/Other Implemented: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249 History: PH 45-2024, amend filed 05/13/2024, effective 05/28/2024 PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 15-2023, temporary amend filed 03/31/2023, effective 04/01/2023 through 09/27/2023 PH 15-2012, f. & cert. ef. 12-20-12 Reverted to PH 7-2008, f. & cert. ef. 4-3-08 PH 8-2012(Temp), f. & cert. ef. 6-11-12 thru 12-7-12 PH 7-2008, f. & cert. ef. 4-3-08 PH 10-2006, f. & cert. ef. 6-5-06
333-052-0110 Monitoring (1) The Oregon Health Authority (Authority) must monitor farmers for compliance with applicable laws and rules, including on-site investigation of randomly selected farmers. (2) The Authority may conduct covert compliance buys of Farm Direct-authorized farmers for compliance with the Authority rules and regulations. Statutory/Other Authority: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249 Statutes/Other Implemented: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249 History: PH 45-2024, amend filed 05/13/2024, effective 05/28/2024 PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 7-2008, f. & cert. ef. 4-3-08 PH 10-2006, f. & cert. ef. 6-5-06
333-052-0120 Complaints (1) Anyone wishing to file a complaint against a Farm Direct participant, an authorized farmer, a farmers market, a farm stand, or the Oregon Farm Direct Nutrition Program (Program) may do so in the following manner: (a) Send a written comment to the WIC Compliance & Civil Rights Coordinator at PO Box 14450, Portland, Oregon, 97293; or (b) Call the state WIC, Vendor Answer Line at (877) 807-0889. (2) A local WIC clinic, an Aging and Disability Services office, an Aging and Disability Resource Connection of Oregon office, or an Area Agency on Aging office may file a complaint on behalf of an individual who does not want to file a complaint independently. (3) When the Oregon Health Authority (Authority) receives a complaint alleging discrimination on the basis of race, color, national origin, age, sex (including gender identity and sexual orientation) or disability the Authority must automatically forward the complaint to U.S. Department of Agriculture (USDA) for investigation. (4) Individuals alleging discrimination on the basis of race, color, national origin, age, sex (including gender identity and sexual orientation) or disability may also write directly to USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410 or call (866) 632-9992. (5) The Authority may refer complaints regarding farmers, farmers markets, or farm stands to the Oregon Farm Direct Nutrition Program 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. Statutory/Other Authority: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249 Statutes/Other Implemented: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249 History: PH 45-2024, amend filed 05/13/2024, effective 05/28/2024 PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 53-2020, amend filed 06/01/2020, effective 06/01/2020 PH 24-2015, f. 12-8-15, cert. ef. 1-1-16 PH 4-2014, f. & cert. ef. 1-30-14 PH 15-2012, f. & cert. ef. 12-20-12 PH 7-2008, f. & cert. ef. 4-3-08 PH 10-2006, f. & cert. ef. 6-5-06
333-052-0130 Appeals (1) 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) Individuals who do not receive a Farm Direct benefit are not entitled to a hearing if the non-award is based on funding. (3) Farmers may not be entitled to a hearing under the Administrative Procedures Act to challenge: (a) The validity or appropriateness of the Oregon Health Authority (Authority)’s selection criteria for farmer participation; (b) The validity or appropriateness of the Authority’s participant access determinations; (c) The duration or expiration of a farmer agreement; or (d) An Authority decision regarding a voucher payment or claims. (4) The Authority may, at its discretion, permit the farmer to continue participating in Farm Direct pending the outcome of an administrative hearing. The farmer may be required to repay funds for Farm Direct vouchers redeemed during the pendency of the hearing, if the denial, sanction, or disqualification is affirmed. (5) 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. (6) The request for hearing must include: (a) The name and address of the farmer requesting the hearing; (b) The name and address of the attorney representing the farmer, if any; (c) The decision made or action taken by the Authority against the farmer; (d) The reason the farmer 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. (7) 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. Statutory/Other Authority: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249 Statutes/Other Implemented: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249 History: PH 45-2024, amend filed 05/13/2024, effective 05/28/2024 PH 46-2023, amend filed 09/26/2023, effective 09/28/2023 PH 15-2023, temporary amend filed 03/31/2023, effective 04/01/2023 through 09/27/2023 PH 15-2012, f. & cert. ef. 12-20-12 PH 7-2008, f. & cert. ef. 4-3-08 PH 10-2006, f. & cert. ef. 6-5-06
333-053-0000 Suspension of WIC Program (1) Notwithstanding any other rules in this division, all WIC program benefits are suspended if there is a government or WIC program closure or if the government does not provide WIC funding. A suspension shall remain in effect until such time as funding is approved or as soon as the closure ends and only to the extent benefit issuance to participants is approved by the federal government. (2) Notice of suspensions shall be made by the Oregon Health Authority by posting a notice on the WIC program website. Notice of suspensions shall include the suspension effective date. As soon as funding is restored or as soon as the closure has ended, the Authority shall notify participants of the date that a suspension is lifted. (3) Benefits may not be issued to participants and participants shall not redeem WIC food instruments they have already received during a suspension. (4) Participants who disagree with a suspension are not entitled to continuing benefits or a contested case hearing but may challenge a suspension through a rule challenge under ORS 183.335 or 183.400. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 250-2018, amend filed 09/04/2018, effective 10/01/2018 PH 5-2014, f. & cert. ef. 1-30-14
333-053-0030 Description of the WIC Program (1) The WIC program is a federally funded program established in 1972 by an amendment to the Child Nutrition Act of 1966. The purpose of the WIC program is to serve as an adjunct to health care by providing: nutrition education and counseling; nutritious supplemental foods; health screening and referral services to pregnant and breastfeeding women, infants and children in certain high-risk categories. (2) Federal regulations governing the WIC program, 7 CFR § 246, require adoption and implementation of standards and procedures to guide the state’s administration of the WIC program. These regulations also define the rights and responsibilities of participants. (3) The Oregon Health Authority administers the WIC program in the State of Oregon. (4) Any participant who receives benefits from the WIC program shall comply with these rules. Failure to comply with these rules shall result in sanctions. (5) WIC program participation may include participation in the Oregon Farm Direct Nutrition Program (FDNP). Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 10-2013, f. 11-6-13, cert. ef. 12-1-13 PH 17-2008, f. & cert. ef. 11-5-08
333-053-0050 Participant Eligibility (1) In order to be eligible for the WIC program, at the time of application an applicant must: (a) Be a pregnant woman, a breastfeeding woman less than one year after delivery, a non-lactating, post-partum woman less than six months after delivery, or a child through the end of the month he or she turns five years of age; (b) Reside within the jurisdiction of the State of Oregon or within the Indian State jurisdiction; (c) Meet the state’s income eligibility criteria at the time of application; and (d) Be at nutritional risk as defined by the Authority. (2) In order to establish eligibility, a state or local agency shall require proof of residency, identity, and income and may require verification of pregnancy. (3) Participants may only be enrolled in one local agency or clinic within a local agency in Oregon at a time. (4) Participants may be enrolled in only one state WIC program at a time. If a participant moves to a new state they are no longer eligible to receive Oregon WIC program benefits. (5) A participant may be terminated from the WIC program because they are no longer eligible. (6) A participant may be disqualified from the WIC program for violations of program rules. (7) A participant may voluntarily withdraw from participating in the WIC program at any time. (8) A participant is eligible to receive FDNP benefits if the individual 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 eligible WIC category described in subsection (1)(a) of this rule; and (c) Is four months of age or older. (9) A participant will be informed of and required to verify that he or she understands the rights and responsibilities of WIC participation at the time of their eligibility certification. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 26-2015, f. 12-8-15, cert. ef. 1-1-16 PH 10-2013, f. 11-6-13, cert. ef. 12-1-13 PH 17-2008, f. & cert. ef. 11-5-08
333-053-0060 Participant Information (1) Applicants shall provide accurate information as part of the certification process. (2) State or local WIC staff may verify any of the information provided by the applicant, participant, or participant’s caretaker. (3) The WIC program may share information about applicants and participants with other public health programs and Oregon Head Start programs. This information will only be used to access other health services and assess the effectiveness of those services. (4) Information concerning eligibility shall be shared with another WIC clinic or local agency if the participant moves from one service area to another or to a different state. (5) Applicants, participants and the participant’s caretakers will be given the opportunity to register to vote at the local agency, and they may decline to provide this information. Receipt of WIC program benefits will not be affected by answers to voter registration questions. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 10-2013, f. 11-6-13, cert. ef. 12-1-13 PH 17-2008, f. & cert. ef. 11-5-08
333-053-0075 eWIC Cards (1) At the time of certification, a first cardholder will be identified and issued a eWIC card for the family. (a) If a family requires more than one authorized shopper, a second eWIC card for use by the family’s second cardholder will be issued. (b) Each family will have no more than two activated eWIC cards at a time. (c) No more than one activated eWIC card can be assigned to a cardholder at a time. (2) The Authority may issue replacement eWIC cards at its discretion. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 10-2013, f. 11-6-13, cert. ef. 12-1-13
333-053-0100 Participant Claims (1) If the Authority determines that WIC program benefits have been obtained, sold, given away, traded, or otherwise disposed of improperly as the result of a participant violation, the Authority shall establish a claim against the participant for the full value of such benefits. (2) For all participant claims, the Authority shall issue a written notification demanding repayment. (3) If the full restitution is not made or a repayment schedule is not agreed on within 30 days of the date the letter was mailed, the Authority shall take additional collection actions until restitution is made or a repayment schedule is agreed on, unless the Authority determines that further collection actions would not be cost-effective to pursue. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 10-2013, f. 11-6-13, cert. ef. 12-1-13 PH 17-2008, f. & cert. ef. 11-5-08
333-053-0110 Administrative Review (1) The Authority shall provide a participant with a fair hearing in accordance with the provision of ORS Chapter 183 and 7 CFR 246.9 for the following: (a) Denial of participation; (b) Disqualification; or (c) A claim against the individual for repayment of the cash value of improperly obtained or disposed of WIC program benefits. (2) The Authority shall notify the participant in writing of the right to a fair hearing, of the method by which a hearing may be requested, and that any positions or arguments on behalf of the individual may be presented personally or by a representative such as a relative, friend, legal counsel or other spokesperson. (3) The Authority shall not limit or interfere with the participant’s freedom to request a hearing. (4) Participants must request a fair hearing within 60 days from the date the Authority notifies the applicant or participant of an adverse action. (5) The Authority shall not deny or dismiss the request for a fair hearing unless: (a) The request is not received within 60 days; (b) The request is withdrawn in writing by the participant or participant’s representative; (c) The participant or the participant’s representative fails, without good cause, to appear at the scheduled hearing; or (d) The participant has been denied participation by a previous hearing and cannot provide evidence that the circumstances relevant to program eligibility have changed in such a way as to justify a hearing. (6) Participants may continue receiving WIC benefits pending a hearing outcome or their certification period expires, whichever comes first. (7) Applicants who are denied benefits at initial certification, participants whose certification periods have expired, and participants who become categorically ineligible during a certification period may request an administrative hearing to appeal the denial or termination of WIC program benefits, however they shall not receive WIC program benefits while awaiting the hearing or its outcome. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 10-2013, f. 11-6-13, cert. ef. 12-1-13 PH 17-2008, f. & cert. ef. 11-5-08
333-054-0000 Description of WIC Program (1) The WIC Program is a federally funded program established in 1972 by an amendment to the Child Nutrition Act of 1966. The purpose of the WIC Program is to serve as an adjunct to health care by providing: nutrition education and counseling; nutritious supplemental foods; and health screening and referral services to pregnant and breast-feeding women, infants, and children in certain high-risk categories. (2) Federal regulations governing the WIC Program, 7 CFR § Part 246, require adoption and implementation of standards and procedures to guide the state's administration of the WIC Program. These regulations also define the rights and responsibilities of vendors and farmers. (3) The WIC Program in the State of Oregon is administered by the Oregon Health Authority (Authority). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 11-2013, f. 11-6-13, cert. ef. 12-1-13 PH 30-2006, f. & cert. ef. 12-27-06 PH 22-2003, f. 12-31-03, cert. ef. 1-5-04 PH 19-2003(Temp), f. & cert. ef. 11-14-03 thru 5-12-04 OHD 22-2002, f. & cert. ef. 12-24-02 OHD 17-2001, f. 8-02-01, cert. ef. 8-15-01 HD 7-1993, f. & cert. ef. 6-11-93