WIC Farmers' Market Nutrition Act of 1992
PL 102-314 (H.R.3711), enacted 07/02/1992

106 STAT. 280 
PUBUC LAW 102-314—JULY 2, 1992 
Public Law 102-314 
102d Congress 
An Act 
July 2,1992 
To authorize grants to be made to State programs designed to provide resources 
to persons who are nutritionally at risk in the form of fresh nutritious unprepared 
[H.R. 3711] 
foods, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
WIG Farmers' 
Market 
Nutrition Act of 
1992. 
Women. 
Children and 
youth. 
42 use 1771 
note. 
42 use 1786 
note. 
This Act may be cited as the "WIC Feirmers' Market Nutrition 
Act of 1992". 
SEC. 2. PURPOSE. 
The purpose of this Act is to authorize grants to be made to 
State programs designed to— 
(1) provide resources to women, infants, and children who 
are nutritionally at risk in the form of fresh nutritious unpre-
pared foods (such as fruits and vegetables), from farmers' mar-
kets; and 
(2) expand the awareness and use of farmers' markets and 
increase sales at such markets. 
SEC. 
3
. 
WIC 
FARMERS' 
MARKET 
NUTRITION 
PROGRAM. 
Subsection (m) of section 17 of the Child Nutrition Act of 1966 
(42 U.S.C. 1786(m)) is amended to read as follows: 
"(m)(l) Subject to the availability of funds appropriated for the 
purposes of this subsection, and as specified in this subsection, 
the Secretary shall awsu'd grants to States that submit State plans 
that are approved for the establishment or maintenance of programs 
designed to provide recipients of assistance under subsection (c), 
or those who are on the waiting list to receive the assistance, 
with coupons that may be exchanged for fresh, nutritious, unpre-
pared foods at farmers' markets, as defined in the State plans 
submitted under this subsection. 
"(2) A grant provided to any State under this subsection shall 
be provided to the chief executive officer of the State, who shall— 
''(A) designate the appropriate State agency or agencies to 
administer the program in conjunction with the appropriate 
nonprofit organizations; and 
"(B) ensure coordination of the program among the appro-
priate agencies and organizations. 
"(3) The Secretary shall not make a grant to any State under 
this subsection unless the State agrees to provide State, local, 
or private funds for the program in an amount that is equal to 
not less than 30 percent of the total cost of the program, which 
may be satisfied from State contributions that are made for similar 
programs. 
"(4) Subject to paragraph (6), the Secretary shall establish a 
formula for determining the amount of the grant to be awarded 
under this subsection to each State for which a State plan is 
approved under paragraph (6), according to the number of recipients 
P U B U C LAW 102-314—JULY 2, 1992 
106 STAT. 281 
proposed to participate as specified in the State plan. In determining 
the amount to be awarded to new States, the Secretary shall rank 
order the State plans according to the criteria of operation set 
forth in this subsection, and award grants accordingly. The Sec-
retary shall take into consideration the minimum amount needed 
to fund each approved State plan, and need not award grants 
to each State that submits a State plan. 
"(5) Each State that receives a grant under this subsection shall 
ensure that the program for which the grant is received complies 
with the following requirements: 
"(A) Individuals who are eligible to receive Federal benefits 
under the program shall only be individuals who are receiving 
assistance under subsection (c), or who are on the waiting 
list to receive the assistance. 
"(B) Construction or operation of a farmers' market may 
not be carried out using funds— 
"(i) provided under the grant; or 
"(ii) required to be provided by the State under paragraph 
(3). 
"(C) The value of the Federal share of the benefits received 
by any recipient under the program may not be— 
"(i) less than $10 per year; or 
"(ii) more than $20 per year. 
"(D) The coupon issuance process under the program shall 
be designed to ensure that coupons are targeted to areas with— 
"(i) the highest concentration of eligible individuals; 
"(ii) the greatest access to farmers* markets; and 
"(iii) certain characteristics, in addition to those described 
in clauses (i) and (ii), that are determined to be relevant 
by the Secretaiy and that maximize the availability of 
benefits to eligible individuals. 
"(E) The coupon redemption process under the program shall 
be designed to ensure that the coupons may be— 
"(i) redeemed only by producers authorized by the State 
to participate in the program; and 
"(ii) redeemed only to purchase fresh nutritious unpre-
pared food for human consumption. 
"(F)(i) Except as provided in clauses (ii) and (iii), the State 
may use for administration of the program in any fiscal year 
not more than 15 percent of the total amount of program 
funds. 
"(ii) During the first fiscal year for which a State receives 
assistance under this subsection, the Secretary shall permit 
the State to use 2 percent of the total program funds for 
administration of the program in addition to the amount the 
State is permitted to use under clause (i). During any fiscal 
year other than the first fiscal year for which a State receives 
assistance under this subsection, upon the showing by the 
State of financial need, the Secretaiy may permit tiie State 
to use not more than 2 percent of the total program funds 
for administration of the program in addition to the amount 
the State is permitted to use under clause (i). 
"(iii) The provisions of clauses (i) and (ii) with respect to 
the use of program funds for the administration of the program 
shall not apply to any funds that a State may contribute 
in excess of the funds used by the State to meet the require-
ments of paragraph (3). 
106 STAT. 282 
PUBLIC LAW 102-314—JULY 2, 1992 
"(G) The State shall ensure that no State or local taxes 
are collected within the State on purchases of food with coupons 
distributed under the program, 
"(6)(A) Each State that received assistance under the dem-
onstration program authorized by this subsection in a fiscal year 
ending before October 1, 1991, shcQl receive assistance under this 
subsection if the State complies with the requirements established 
by this subsection, as determined by the Secretary. 
"(B)(i) Subject to the availability of appropriations, if a State 
provides the amount of matching funds required under paragraph 
(3), the State shall receive assistance under this subsection in 
an amount that is not less than the amount of such assistance 
that the State received in the most recent fiscal year in which 
it received such assistance. 
"(ii) If amounts appropriated for any fiscal year pursuant to 
the authorization contained in paragraph (10) for grants under 
this subsection are not sufficient to pay to each State for which 
a State plan is approved under paragraph (6) the amount that 
the Secretary determines each such State is entitled to under this 
subsection, each State's grant shall be ratably reduced, except that 
(if sufficient funds are available) each State shall receive at least 
$50,000 or the amount that the State received for the prior fiscal 
year if that amoimt is less than $50,000. 
"(C) In providing funds to serve additional recipients in a State 
that received assistance under this subsection in the previous fiscal 
year, the Secretary shall consider— 
"(i) the availability of any such assistance not spent by the 
State during the program year for which the assistance was 
received; 
"(ii) documentation that justifies the need for an increase 
:'> in participation; and 
"(iii) demonstrated ability to satisfactorily operate the exist-
ing program. 
"(D)(i) A State that desires to receive a grant under this sub-
section shall submit, for each fiscal year, a State plan to the 
Secretary at such time and in such manner as the Secretary may 
reasonably require. 
"(ii) Each State plan submitted under this paragraph shall 
contain— 
"(I) the estimated cost of the program and the estimated 
number of individuals to be served by the program; 
"(II) a description of the State plan for complying with the 
requirements established in paragraph (5); and 
"(III) criteria developed by the State with respect to 
authorization of producers to participate in the program. 
"(iii) The criteria developed by the State as required by clause 
(ii)(III) shall require any authorized producer to sell fresh nutritious 
unprepared foods (such as firuits and vegetables) to recipients, in 
exchange for coupons distributed under the program. 
"(E) The Secretary shall establish objective criteria for the 
approval and ranking of State plans submitted under this para-
graph. 
"(F) In approving and ranking State plans submitted under this 
paragraph, the Secretary shall— 
"(i) favorably consider a State's prior experiences with this 
or similar programs; 
PUBLIC LAW 102-314—JULY 2, 1992 
106 STAT. 283 
"(ii) favorably consider a State's operation of a similar pro-
gram with State or local funds that can present data concerning 
the value of the program; 
"(iii) require that if a State recei\'ing a grant under this 
section applies the Federal grant to a similsu* program operated 
in the previous fiscal year with State or local funds, the State 
shall not reduce in einy fiscal year the amount of State and 
local funds available to the program in the preceding fiscal 
year after receiving funds for the program under thus sub-
section; 
"(iv) give preference to State plans that would serve areas 
in the State that have— 
"(I) the highest concentration of eligible persons; 
"(II) the greatest access to farmers' msirkets; 
"(III) broad geographical area; 
"(IV) the greatest number of recipients in the broadest 
geographical area within the State; and 
"(V) any other characteristics, as determined appropriate 
by the Secretary, that maximize the availability of benefits 
to eligible persons; and 
"(v) take into consideration the amount of funds available 
and the minimum amoimt needed by each applicant State 
to successfully operate the program. 
"(G)(i) An Eunount equal to 45 to 55 percent of the funds available 
after satisfying the requirements of subparagraph (B) shall be made 
available to States participating in the program that wish to serve 
additional recipients, and whose State plan to do so is approved 
by the Secretary. If this amount is greater than that necessary 
to satisfy the approved State plans for additional recipients, the 
unallocated amount shall be applied toward satisfying any unmet 
need of States that have not participated in the program in the 
prior fiscal year, and whose State plEuis have been approved. 
"(ii) An amount equal to 45 to 55 percent of the funds available 
after satisfying the requirements of subparagraph (B) shall be made 
available to States that have not participated in the program in 
the prior fiscal year, and whose State plans have been approved 
by the Secretary. If this amount is greater than that necessary 
to satisfy the approved State plans for new States, the unallocated 
amount shall be applied toward satisfying any unmet need of States 
that desire to serve additional recipients, and whose State plans 
have been approved. 
"(iii) In any fiscal year, any funds that remain unallocated after 
satisfying the requirements of clauses (i) and (ii) shall be reallocated 
in the following fiscal year according to procedures established 
pursuant to paragraph (lOXBXii). 
"(7)(A) The value of the benefit received by any recipient under 
any program for which a grant is received under this subsection 
may not affect the eligibility or benefit levels for assistance under 
other Federsd or State programs. 
"(B) Any programs for which a grant is received under this 
subsection shall be supplementary to the food stamp program car-
ried out under the Food Stamp Act of 1977 (7 U.S.C. 2011 et 
seq.) and to any other Federal or State program under which 
foods are distributed to needy famiUes in lieu of food stamps. 
"(8) For each fiscal year, the Secretary shall collect from each 
State that receives a grant under this subsection information relat-
ing to— 
106 STAT. 284 
PUBLIC LAW 102-314—JULY 2, 1992 
"(A) the number and type of recipients served by both Federal 
and non-Federal benefits under the program for which the 
grant is received; 
"(B) the rate of redemption of coupons distributed under 
the program; 
"(C) the average amount distributed in coupons to each recipi-
ent; 
' 
"(D) when practicable, the impact on the nutritional status 
of recipients by determining the change in consumption of 
fresh fruits and vegetables by recipients; 
"(E) the effects of the progrsim on the use of farmers' markets 
and the marketing of agricultural products at such markets 
and when practicable, the effects of the program on recipients' 
awareness regarding farmers' markets; £ind 
.,^ 
"(F) any other information determined to be necessary by 
the Secretary, 
"(9)(A) The Secretary shall submit to the Committee on Education 
and Labor and the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a compilation of the information collected 
under paragraph (8). 
"(B) The compilation required by subparagraph (A) shall be sub-
mitted on or before April 1, 1994. 
Appropriation 
"(10)(A) There are authorized to be appropriated to carry out 
authorization. 
^j^jg subsection $3,000,000 for fiscal year 1992, $6,500,000 for fiscal 
year 1993, and $8,000,000 for fiscal year 1994. 
"(B)(i)(I) Except as provided in subclause (II), each State shall 
return to the Secretary any funds made available to the State 
that are unobligated at the end of the fiscal year for which the 
funds were originally allocated. The unexpended funds shall be 
returned to the Secretary by February 1st of the following fiscal 
year. 
"(II) Notwithstanding any other provision of this subsection, a 
total of not more than 5 percent of funds made available to a 
State for any fiscal year may be expended by the State to reimburse 
expenses incurred for a program assisted under this subsection 
during the preceding fiscal year or may be retained by the State 
to reimburse expenses expected to be incurred for such a program 
during the succeeding fiscal year. 
"(ii) The Secretary shall establish procedures to reallocate funds 
that are returned under clause (i). Funds that remain unexpended 
at the end of any demonstration project authorized by this sub-
section (as it existed on September 30, 1991) shall be reallocated 
in a similar manner. 
"(11) For purposes of this subsection: 
"(A) The term 'coupon' means a coupon, voucher, or other 
negotiable financial instrument by which benefits under this 
section are transferred. 
"(B) The term 'program' means— 
"(i) the State farmers' market coupon nutrition program 
authorized by this subsection (as it existed on Septem-
ber 30, 1991); or 
"(ii) the farmers' market nutrition program authorized 
by this subsection. 
"(C) The term 'recipient' means a person or household, as 
determined by the State, who is chosen by a State to receive 
PUBLIC LAW 102-314—JULY 2, 1992 
106 STAT. 285 
benefits under this subsection, or who is on a waiting Hst 
to receive such benefits. 
"(D) The term 'State agenc/ has the meaning provided in 
subsection (b)(13), except that the term also includes the agri-
culture department of each State.". 
SEC. 4. EFFECTIVE DATE. 
The amendment made by section 3 shall be effective as of 
October 1,1991. 
Approved July 2, 1992. 
42 u s e 1786 
note. 
LEGISLATIVE HISTORY—H.R. 3711: 
HOUSE REPORTS: No. 102-540, Pt. 1 (Comm. on Education and Labor) and 
Ft. 2 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
June 22, considered and passed House. 
June 23, considered and passed Senate.