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 21-50.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter:
"Application"
means a request made by an
				individual to the department for vendor certification or farmers'
				market/farmstand authorization in the Iowa FMNP on a form provided by the
				agricultural diversification and market development bureau of the
				department.
"Authorized CSA"
means a community supported
				agriculture program located within the state of Iowa that is authorized by the
				department for the exchange of SFMNP funds for eligible foods.
"Authorized farmers' market"
means a farmers'
				market site located within the state of Iowa authorized by the department for
				the exchange of vouchers for eligible foods.
"Authorized farmstand"
means a farmstand site
				located within the state of Iowa authorized by the department for the exchange
				of vouchers for eligible foods.
"Certified vendor"
means an individual who has
				met all Iowa FMNP conditions as outlined by the department and who is
				guaranteed payment on all vouchers accepted, provided compliance is maintained
				by that individual regarding all Iowa FMNP rules and procedures as outlined in
				the vendor certification handbook. Individuals who exclusively sell produce
				grown by someone else, such as wholesale distributors, cannot be certified to
				participate in the Iowa FMNP, except individuals employed by a farmer otherwise
				qualified under these rules.
"Certified vendor identification sign"
means
				department-issued signage that shall be clearly displayed by the certified
				vendor at all times the vendor accepts or intends to accept vouchers in an
				authorized farmers' market/farmstand. Signs shall remain the sole property of
				the department with forfeiture by the certified vendor to the department in the
				event of disqualification or suspension.
"Certified vendor number"
means a unique
				identification number issued for a designated period by the department and
				assigned to an individual whom the department has identified as a certified
				vendor. The certified vendor number shall be affixed to the certified vendor
				identification sign. An individual shall be assigned no more than one
				certification number for any designated period.
"Certified vendor stall"
means all of the area
				in an authorized farmers' market that is dedicated to a certified vendor for
				the purpose of displaying and offering product for sale. Certified vendors are
				permitted only one certified vendor stall per market. The only exceptions shall
				be:
1. If the certified vendor elects
			 not to promote any of the area as Iowa FMNP for an entire farmers' market day;
			 or
2. If the certified vendor
			 elects to exclude a portion of the space by maintaining a distance of
			 separation from the certified vendor stall by a minimum of two farmers' market
			 vendors who are neither affiliated with nor related to the certified vendor and
			 who are actively participating in the farmers' market on the given day. An
			 excluded area shall be operated independently of the certified vendor
			 stall.
These exceptions shall hold only when the vendor neither
				accepts nor intends to accept vouchers.
"Certified vendor stamp"
means a
				department-issued stamp of the certified vendor number.
"Days"
means calendar days.
"Designated distribution site"
means a site
				authorized by the department for distribution of vouchers by the local
				agency.
"Distribution"
means the process outlined by
				the department and the means by which local agencies actually dispense vouchers
				to eligible recipients.
"Eligible foods"
means fresh, nutritious,
				unprepared, locally grown fruits, vegetables and herbs for human consumption.
				Eligible foods may not be processed or prepared beyond their natural state
				except for usual harvesting and cleaning processes. Locally produced,
				unpasteurized, pure honey is an eligible food only for the recipients of SFMNP
				benefits.
"Farmers' market"
means a cooperative or
				nonprofit enterprise or association that consistently occupies a given site
				throughout the season, which operates principally as a common marketplace for a
				group of farmers to sell locally grown fresh produce directly to consumers, and
				where the majority of products sold are produced by the participating farmers
				with the sole intent and purpose of generating a portion of household
				income.
"Farmstand"
means a consistent site throughout
				the season, in which a single individual farmer sells the farmer's produce
				directly to consumers.
"Fresh produce"
means fruits and vegetables
				that have not been processed in any manner. This term does not include such
				items as dried fruits and vegetables, potted or dried herbs, wild rice, nuts of
				any kind including raw nuts, popcorn, fruit or vegetable plants/seedlings,
				dried beans/peas, seeds/grains, flowers, maple syrup, cider, eggs, meat,
				cheese, and seafood.
"Iowa FMNP"
means Iowa farmers' market
				nutrition program and refers to both WIC FMNP and SFMNP.
"Local agency"
means a nonprofit entity that
				certifies eligible recipients, issues Iowa FMNP vouchers, arranges for the
				distribution of eligible foods through CSA programs, or provides nutritional
				education or information on operational aspects of the Iowa FMNP to recipients
				and that has entered into a contract with the department.
"Locally grown"
means produce or honey that
				has a traceable point of origin either within Iowa or in a neighboring state in
				a county adjacent to Iowa's border.
"Posted hours and days"
means the operational
				time frames in which Iowa FMNP vouchers are accepted stated in applications for
				authorization submitted by a representative, who has the legal authority to
				obligate the farmers' market/farmstand/CSA, which include a beginning and an
				ending time and date for each year of operation.
"Proxy"
means an individual authorized by an
				eligible recipient to act on the recipient's behalf, including application for,
				receipt of, or use of vouchers or acceptance of SFMNP foods provided through a
				CSA program as long as the benefits are ultimately received by the recipient.
				Minors shall not be used as proxies.
"Recipient"
means a person chosen by the Iowa
				department of agriculture and land stewardship to receive Iowa FMNP
				benefits.
1. To receive WIC FMNP
			 benefits, such person must be a woman, infant over four months of age, or child
			 who receives benefits under the WIC program or is on the waiting list to
			 receive benefits under the WIC program.
2. To receive SFMNP benefits, such person
			 must meet the senior eligibility criteria of the SFMNP in Part 249.6 of Subpart
			 C of Title 7 Code of Federal Regulations as of May 26, 2005.
"Season"
means a clearly delineated period of
				time during a given year that has a beginning date and ending date, as
				specified by the department, which correlates with a major portion of the
				harvest period for locally grown fresh produce.
"Secretary"
means the secretary of agriculture
				for the state of Iowa.
"Service area"
means the geographic area that
				encompasses all of the designated distribution sites and authorized farmers'
				markets, farmstands, and CSAs within Iowa for a designated period.
"SFMNP"
means the senior farmers' market
				nutrition program.
"Shareholder"
means an SFMNP recipient for
				whom a full or partial share in a community supported agriculture program has
				been purchased by the department, and who receives SFMNP benefits in the form
				of actual eligible foods rather than vouchers that must be exchanged for
				eligible foods at farmers' markets or farmstands.
"USDA-FNS"
means the United States Department
				of Agriculture-Food and Nutrition Service.
"Vendor certification handbook"
means a
				publication by the department that is based on USDA-FNS regulations and
				guidelines, addresses all Iowa FMNP rules and procedures applicable to a
				certified vendor, and provides the basis for vendor training. A copy of the
				publication shall be issued to each individual after certification training.
				New editions supersede all previous editions.
"Voucher"
means an instrument issued by the
				department to recipients that is redeemable only for eligible foods from
				certified vendors at authorized farmers' markets/farmstands with a limited
				redeemable period that directly correlates to the season designated by the
				department.
"WIC"
means the Special Supplemental Food
				Program for Women, Infants and Children, as administered by the Iowa department
				of health and human services.
"WIC FMNP"
means the women, infants, and
				children farmers' market nutrition program.