CHAPTER 50
WOMEN, INFANTS, AND CHILDREN/FARMERS’ MARKET NUTRITION PROGRAM
AND SENIOR FARMERS’ MARKET NUTRITION PROGRAM
21—50.1(159,175B) Authority and scope. This chapter establishes procedures to govern the administration of a farmers’ market special supplemental food program by the department of agriculture and land stewardship for implementing the applicable agreement and guidelines set forth by the United States Department of Agriculture, Food and Nutrition Service Agreement, in accordance with Iowa Code chapter 175B.
Information may be obtained by contacting the Agricultural Diversification and Market Development Bureau, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319, telephone (515)281-5321.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.2(159,175B) Severability. If any provision of a rule or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and, to this end, the provisions of these rules are severable.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.3(159,175B) Definitions. For the purposes of this chapter:
“Application” means a request made by an individual to the department for vendor certification in the FMNP/SFMNP on a form provided by the horticulture and farmers’ market bureau of the department.
“Authorized CSA” means a community supported agriculture program that is authorized by the department for the exchange of SFMNP funds for eligible foods.
“Authorized farmers’ market” means a farmers’ market site authorized by the department for the exchange of vouchers for eligible foods.
“Authorized farmstand” means a farmstand site authorized by the department for the exchange of vouchers for eligible foods.
“Certified vendor” means an individual who has met all FMNP/SFMNP conditions as outlined by the department and who is guaranteed payment on all vouchers accepted, provided compliance is maintained by that individual regarding all FMNP/SFMNP 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 FMNP/SFMNP, except individuals employed by a farmer otherwise qualified under these rules.
“Certified vendor identification sign” means department-issued signage which 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 card and the certified vendor identification sign, and the certified vendor shall stamp the number on each voucher that is submitted for deposit. 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 FMNP/SFMNP 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.
“Community supported agriculture” means a program under which a farmer or group of farmers grows food for a group of shareholders (or subscribers) who pledge to buy a portion of the farmer’s crop(s) for that season.
“Days” means calendar days.
“Department” means the Iowa department of agriculture and land stewardship.
“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.
“FMNP” means the women, infants, and children farmers’ market nutrition program.
“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.
“Local agency” means a nonprofit entity that certifies eligible recipients, issues FMNP/SFMNP vouchers, arranges for the distribution of eligible foods through CSA programs, or provides nutritional education or information on operational aspects of the FMNP/SFMNP to recipients and which has entered into a contract with the department.
“Locally grown” means produce 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 stated in assurances submitted by a representative, who has the legal authority to obligate the farmers’ market/farmstand, 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. A proxy may act on behalf of more than one eligible recipient only if the proxy is directly related to the additional eligible recipients.
“Recipient” means a person chosen by the Iowa department of agriculture and land stewardship to receive FMNP/SFMNP benefits.
	1.	To receive 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 FMNP/SFMNP 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 a negotiable 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 negotiable 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 public health.
[ARC 8308B, IAB 11/18/09, effective 12/23/09; ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.4(159,175B) Program description and goals. The women, infants, and children/farmers’ market nutrition program (FMNP) and the senior farmers’ market nutrition program (SFMNP) are jointly funded by the state of Iowa and the United States Department of Agriculture.
	50.4(1) The dual purposes of the FMNP are:
	a. 	To provide resources in the form of fresh, nutritious, unprepared foods (fruits and vegetables) from farmers’ markets to women, infants, and children who are nutritionally at risk and who are participating in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) or are on the waiting list for the WIC program, and
	b. 	To expand the awareness of, use of and sales at farmers’ markets.
	50.4(2) The purposes of the SFMNP are:
	a. 	To provide resources in the form of fresh, nutritious, unprepared locally grown fruits, vegetables and herbs from farmers’ markets, roadside stands, and community supported agriculture (CSA) programs to low-income seniors;
	b. 	To increase the domestic consumption of agricultural commodities by expanding or aiding in the expansion of domestic farmers’ markets, roadside stands, and CSAs; and
	c. 	To develop or aid in the development of new and additional farmers’ markets, roadside stands, and CSAs.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.5(159,175B) Administration and agreements.
	50.5(1) The program shall be administered by the secretary or by the secretary’s designee.
	50.5(2) The department shall maintain all conditions as outlined in the farmers’ market nutrition program/senior farmers’ market nutrition program state plan submitted to USDA-FNS.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.6(159,175B) Distribution of benefits.
	50.6(1) Iowa department of public health WIC client screening processes and records shall provide the basis for identifying recipients eligible for receipt of FMNP vouchers. The department may contract with local agencies to certify eligible recipients and distribute SFMNP vouchers. Senior recipient eligibility criteria shall conform to Part 249.6 of Subpart C of Title 7 Code of Federal Regulations as of May 26, 2005.
	50.6(2) Local agencies shall distribute vouchers at designated distribution sites to recipients in the manner specified by the department in the procedures guide for distribution site staff. Local agency services shall include, but not be limited to, ensuring that:
	a. 	Each recipient is issued vouchers during each distribution as authorized by the department.
	b. 	The voucher serial numbers issued to the recipient correspond to the numbers in the distribution registry.
	c. 	A proxy is allowed to act on behalf of a recipient.
	d. 	Each recipient is provided a thorough explanation of program guidelines and recipient responsibility as outlined by the department.
	e. 	All FMNP/SFMNP support materials are put into use as outlined by the department.
	f. 	Accurate and complete records of all related FMNP/SFMNP activities in the possession of a local agency are maintained and retained for a minimum of three years following the date of submission of the final expenditure report for the period to which the report pertains. In the event of litigation or audit findings, the records shall be retained until all issues arising from such actions have been resolved or until the end of the prescribed retention period, whichever is later.
	g. 	All agency records pertaining to this program are made available for inspection to representatives of USDA, the Comptroller General of the United States, the state auditor, the department, and other agencies working under contract with the department as necessary, at any time during normal business hours, and as frequently as is deemed necessary for inspection and audit. Otherwise, confidentiality of personal information on all recipients participating in the program shall be maintained at all times.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.7(159,175B) Recipient responsibilities. Recipients shall be responsible for, but not limited to, all of the following:
	1.	Qualifying under FMNP/SFMNP guidelines and attending a designated distribution site when vouchers are distributed.
	2.	Properly signing a voucher(s) at time of use in the presence of the certified vendor who accepts a voucher in exchange for eligible foods.
	3.	Using vouchers only to purchase eligible foods from certified vendors who display certified vendor identification signs at authorized farmers’ markets/farmstands.
	4.	Redeeming vouchers on or before the expiration date printed on the face of the voucher, or surrendering all claim to the value of vouchers that remain unredeemed.
	5.	Ensuring vouchers received are not assigned to any other party other than to a proxy.
	6.	Reporting violations or problems to the department or the local agency.
	7.	Reporting all incidents of lost or stolen vouchers to the local agency.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.8(159,175B) Farmers’ market, farmstand, and community supported agriculture (CSA) authorization and priority.
	50.8(1) A farmers’ market/farmstand/CSA shall be eligible for authorization based in part upon the submission of assurances by a representative who has the legal authority to obligate the farmers’ market/farmstand/CSA. Farmers’ market/farmstand/CSA assurances shall be submitted in a manner outlined by the a department and shall provide evidence of willingness by a person(s) associated with the farmers’ market/farmstand/CSA to implement all FMNP/SFMNP requirements.
	50.8(2) Assurances submitted by a farmers’ market/farmstand shall include, but not be limited to, all of the following:
	a. 	The name(s) of certified vendor participant(s).
	b. 	Posted hours and days of operation to be maintained each week, specifically detailed to cover any anticipated fluctuations in operations over the course of the season. A farmers’ market/farmstand must be actively operating a minimum of two consecutive hours each week.
	c. 	Season of operation which ensures the farmers’ market/farmstand is actively operating on the same day, on a weekly basis, for a majority of the weeks of the season.
	d. 	Accessibility and consistency of farmers’ market/farmstand site over the course of the season.
	e. 	Local rules that do not overly restrict the number of certified vendors who may participate in the farmers’ market or operate a farmstand.
	f. 	Department is notified if the farmers’ market/farmstand changes the posted hours and days of operation prior to the end of the authorization period.
	50.8(3) A CSA program shall:
	a. 	Provide such information as the department may require for its periodic reports to USDA-FNS.
	b. 	Ensure that SFMNP recipients receive only eligible foods.
	c. 	Provide eligible foods to SFMNP shareholders at or less than the price charged to other customers.
	d. 	Ensure that the shareholders receive eligible foods that are of equitable value and quantity to their share.
	e. 	Ensure that all funds from the department are used for planting of crops for SFMNP shareholders.
	f. 	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.
	g. 	Ensure that SFMNP shareholders/authorized representatives provide written acknowledgment of receipt of eligible foods.
	h. 	Accept training on SFMNP procedures and provide training to farmers and any employees with SFMNP responsibilities for such procedures.
	i. 	Agree to be monitored for compliance with SFMNP requirements, including both overt and covert monitoring.
	j. 	Be accountable for actions of farmers or employees in the provision of eligible foods and related activities.
	k. 	Offer SFMNP shareholders the same courtesies as other customers.
	l. 	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.
	m. 	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.
	n. 	Notify the department if any CSA program ceases operation prior to the end of the authorization period.
	50.8(4) The department shall give priority to a farmers’ market/farmstand/CSA with previous involvement in FMNP/SFMNP, provided the farmers’ market/farmstand/CSA does not have a high incidence of certified vendor noncompliance, suspensions, or disqualifications.
	50.8(5) A principal factor in determining farmers’ market authorization shall pertain to the number of eligible applications received by the department prior to April 15 that indicate the intent to participate in the given farmers’ market. A standard of three eligible certified vendor applications, indicating intent to participate in the farmers’ market for the majority of weeks of the season, is required for a farmers’ market to receive authorization.
	50.8(6) The number of farmers’ markets/farmstands/CSAs authorized for publication in the directory shall be determined by the department no later than May 1 prior to each season. Additional farmers’ markets/farmstands/CSAs may be authorized no later than June 30.
	50.8(7) An authorized farmers’ market must ensure that at least one certified vendor remains at the authorized farmers’ market during the posted days and hours of market operation. Failure to comply will result in a warning citation from the department. Repeated noncompliance could result in the revocation of the farmers’ market authorization.
	50.8(8) A farmstand authorized to participate in the FMNP/SFMNP shall be operated from a permanent building that is primarily used for the sale of eligible foods, is not moveable and remains in the same location year-round. The building shall have at least a roof, sidewalls, and solid floor to protect produce 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. Up to two moveable farmstands that do not meet the requirements of permanent farmstands may be authorized in cities and villages that are not located within ten miles of an authorized farmers’ market. If three or more applications for moveable farmstands within the same city or village are received by the department, the applicants shall be required to meet the authorization requirements of a farmers’ market. An authorized farmstand must be staffed during all hours of operation. Failure to comply will result in a warning citation from the department. Repeated noncompliance could result in the revocation of the farmstand authorization.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.9(159,175B) Vendor certification.
	50.9(1) Vendor certification shall not be in effect and vouchers shall not be accepted until the applicant receives a certified vendor identification sign, a certified vendor stamp and either e-mail confirmation of certification or the applicant copy of the department-vendor agreement.
	50.9(2) Vendor certification expires at the end of each year of issuance. Individuals must annually apply for and receive vendor certification in order to participate in FMNP/SFMNP.
	50.9(3) The department does not limit the number of vendors who may become certified under FMNP/SFMNP. The department issues a single certified vendor number for each separate and distinct agricultural operation. A vendor certified to accept program vouchers may accept vouchers at any authorized market in the state upon approval by the department to participate in that particular market and acceptance by the particular market. A vendor who satisfies all the following criteria shall be certified to accept vouchers.
	a. 	Indicates an intent to participate in one or more authorized farmers’ markets/farmstands for a majority of weeks of the market season. A vendor who does not participate in the FMNP/SFMNP for the majority of weeks of the season may be certified to accept vouchers only at farmers’ markets that have been previously authorized. A certified vendor who does not participate in the FMNP/SFMNP for the majority of weeks of the season will not be considered in the standard of three eligible certified vendor applications required for a farmers’ market to receive authorization.
	b. 	Participates in training on FMNP/SFMNP rules and procedures through attendance in an entire session of one of the six scheduled training meetings conducted by department staff.
	c. 	Meets the eligibility requirements based on the information submitted in a completed application to the department prior to the deadline.
	d. 	Is 18 years of age or older and submits a completed and signed certified vendor agreement to the department.
	e. 	Resides and grows eligible foods within Iowa or in a neighboring state in a county adjacent to Iowa’s border.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.10(159,175B) Certified vendor obligations. A certified vendor shall be responsible for, but not limited to, all of the following:
	1.	Beginning each market day with at least 20 percent of all products for sale or display in a certified vendor stall as eligible foods, having personally grown a majority of the eligible foods for sale or display, and with all produce being locally grown. When eligible foods are purchased for resale from another producer or wholesaler, valid receipts must be presented to the department upon request and must contain the following information: the name, address and telephone number of the producer/wholesaler; the date of purchase; location of the growing site; and quantity purchased, itemized by product type.
	2.	Accepting vouchers only for a transaction that takes place at the location, hours, and days of an authorized farmers’ market/farmstand, only in exchange for eligible foods, and signed by the recipient or proxy at the time of purchase.
	3.	Prominently displaying a certified vendor identification sign that is located on the customer traffic side of the stall only at the location, hours, and days of an authorized farmers’ market/farmstand. The certified vendor identification sign must be removed or covered when the eligible foods are sold out.
	4.	Providing eligible foods to recipients upon receipt of a valid and properly completed voucher, which is signed at the time of sale. Vouchers that are properly presented must be accepted by certified vendors participating in the FMNP/SFMNP.
	5.	Accepting vouchers as payment for eligible foods only if presented on or before the usage expiration date printed on the face of the voucher.
	6.	Stamping each transacted voucher with the certified vendor number prior to voucher deposit and submitting vouchers for payment on or before 15 days following the expiration date printed on the face of the voucher.
	7.	Handling transactions with recipients in the same manner as transactions with all other customers, to ensure that FMNP/SFMNP clients are not exposed to discriminatory practices in any form.
	8.	Not collecting state or local taxes on purchases involving vouchers.
	9.	Providing eligible foods to recipients at the current price or less than the current price charged to other customers.
	10.	Not levying a surcharge based on the use of vouchers by recipients.
	11.	Not returning cash or issuing credit in any form to recipients during sales transactions that involve vouchers only. In the event of a single transaction in which a recipient presents a combination of cash and vouchers for the purchase of locally grown fresh produce, cash or credit up to the value of the cash portion of the payment may be given to the recipient. Credits or refunds may not be issued on returned eligible foods that were purchased with vouchers.
	12.	Participating in training as the department deems necessary to carry out the intent of FMNP/SFMNP.
	13.	Cooperating with the department in the evaluation of each season by completely and accurately responding to a survey, with resubmission to the department in a specified and timely manner.
	14.	Immediately informing the department in the event of loss, destruction, or theft of the certified vendor identification sign or certified vendor stamp so that a replacement may be issued.
	15.	Complying with all procedures and rules as herein outlined and as delineated in the department vendor agreement, the certified vendor handbook, and written notices of clarification issued by the department to the vendor.
	16.	Complying with the requirements of 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, United States Department of Agriculture regulations on nondiscrimination contained in Parts 15, 15a and 15b and FNS instructions as outlined in 248.7 and 249.7 of the Title 7 Code of Federal Regulations as of May 26, 2005.
	17.	Agreeing to be monitored at farmers’ markets/farmstands and growing sites for compliance with FMNP/SFMNP requirements, including both overt and covert monitoring, and providing directions to growing sites upon request of department staff.
	18.	Not seeking restitution from FMNP/SFMNP recipients for vouchers not paid by the department.
	19.	Paying the department for any vouchers transacted in violation of the FMNP/SFMNP regulations.
	20.	Ensuring that all other persons who act on behalf of the certified vendor at a farmers’ market/farmstand act solely on behalf of the certified vendor and understand and adhere to the procedures and regulations of the FMNP/SFMNP.
	21.	Coordinating with other certified vendors to ensure that at least one certified vendor remains at the authorized farmers’ market during the posted hours and days of operation.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.11(159,175B) Certified vendor noncompliance sanctions.
	50.11(1) A voucher shall be returned to the certified vendor unpaid if the certified vendor identification number is not properly stamped on the face of the voucher or if the recipient signature is missing on the face of the voucher. A voucher may be resubmitted for payment in the event that the signature or vendor certification identification error can be properly and legally corrected by the certified vendor.
	50.11(2) Sanctions for violations of FMNP/SFMNP procedures and rules applicable to a certified vendor are as follows:
	a. 	A warning citation may be the sanction for violation of the requirement to:
	(1)	Appropriately display the certified vendor identification sign,
	(2)	Post the current operating sticker to the vendor identification sign or vendor identification card, or
	(3)	Coordinate with other certified vendors to ensure that at least one certified vendor remains at the authorized farmers’ market during the posted hours and days of operation.
If a pattern of disregard is evident, the vendor may be suspended for the remainder of the current year and the following year.
	b. 	A warning citation after the first violation and suspension from the FMNP/SFMNP for the remainder of the current year and the following year after the second violation (regardless of when the first violation occurred) may be the sanctions for violation of the requirement to:
	(1)	Begin each market day with at least 20 percent of all products for sale or on display in a certified vendor stall as eligible foods, having personally grown a majority of the eligible foods for sale or display, and with all produce being locally grown.
	(2)	Accept vouchers only at locations, hours, or days authorized by the department.
	(3)	Provide eligible foods to recipients upon receipt of a valid and properly completed voucher, which is signed at the time of sale.
	(4)	Accept vouchers as payment for eligible foods only if presented on or before the usage expiration date printed on the face of the voucher.
	(5)	Handle transactions with recipients in the same manner as transactions with all other customers to ensure that FMNP/SFMNP clients are not exposed to discriminatory practices in any form.
	(6)	Not collect state or local taxes on purchases involving vouchers.
	(7)	Provide eligible foods to recipients at the current price or less than the current price charged to other customers.
	(8)	Not levy a surcharge based on the use of vouchers by recipients.
	(9)	Comply with all procedures and rules as herein outlined and as delineated in the department vendor agreement, the certified vendor handbook, and written notices of clarification issued by the department to the vendor.
	(10)	Agree to be monitored at farmers’ markets/farmstands and growing locations for compliance with FMNP/SFMNP requirements, including both overt and covert monitoring; provide proper receipts for produce purchased for resale; or provide directions to growing sites upon request of department staff.
	(11)	Refrain from abusive or discriminatory treatment of recipients or FMNP/SFMNP staff.
	c. 	Disqualification without reinstatement may be the sanction for violation of the requirement to:
	(1)	Accept vouchers only in exchange for eligible foods, or
	(2)	Return no cash or issue no credit in any form to recipients during sales transactions that involve vouchers only.
	50.11(3) Violations involving the use of multiple vouchers in a single sales transaction shall be considered as a single violation. Violations involving multiple sales transactions, regardless of time elapsed, shall be considered multiple violations at a standard of one violation per sales transaction.
	50.11(4) Citations. A written citation shall be issued to the certified vendor by the department within five days of receipt of evidence of a violation. A written citation from the department shall be pending for five days following receipt of the citation by the certified vendor. The certified vendor shall be granted the pending period for presenting sufficient evidence to the department to substantiate a reversal. Remedies undertaken in response to receipt of a written notice of a pending citation of noncompliance shall not constitute evidence in defense of such citation. Failure to present any evidence (oral or written) to the department within the specified period shall constitute acceptance of the citation by the certified vendor. Submission of insufficient evidence by the certified vendor for determination of reversal on the pending citation by the department may result in a sanction upon completion of the pending period.
	50.11(5) Suspension. Suspension of a certified vendor from participation in FMNP/SFMNP shall remain in effect for the balance of the current year and the following year. During the suspension period, the cited vendor shall refrain from participating in FMNP/SFMNP. The department shall have the right to reimbursement from the vendor of an amount equal in value to vouchers deposited after the official date of the suspension notification. The suspended vendor is required to return the certified vendor identification sign(s) and certified vendor stamp to the department within 15 days of receipt of the suspension notice. At the conclusion of a suspension period, the vendor must reapply for and receive certification in order to resume participation in FMNP/SFMNP.
	50.11(6) Disqualification. Disqualification shall be without reinstatement. The disqualified vendor is required to return the certified vendor identification sign(s) and certified vendor stamp to the department within 15 days of receipt of the disqualification notice. In the event of a disqualification, the department shall have the right to reimbursement from the vendor of an amount equal in value to vouchers deposited after the official date of disqualification notification.
	50.11(7) Probationary status. Any vendor successfully recertified following suspension will be on probationary status for one full FMNP/SFMNP season. Recurrence of a substantiated suspension violation during the probationary period and for which the certified vendor has been cited shall be sufficient grounds for immediate and automatic disqualification.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.12(159,175B) Appeal. A certified vendor who wishes to appeal a sanction made by the department which resulted in a suspension or disqualification may make a written request for administrative appeal to the department’s FMNP/SFMNP director. This appeal must be made within 15 days of receipt of sanction notification by the certified vendor. The provisions of 21—Chapter 2 shall be applicable to an appeal except as otherwise provided in this chapter. The farmer/farmers’ market/CSA program has the right to appeal a denial of an application to participate. Expiration of a contract or agreement shall not be subject to appeal.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.13(159,175B) Deadlines.
	50.13(1) Submission of farmers’ market/farmstand/CSA assurances. Assurances, on forms provided by the department, must be submitted no later than May 1 in order for a farmers’ market/farmstand/CSA to be published in the Directory of Authorized Locations. Assurances will be accepted no later than June 30.
	50.13(2) Submission of vendor application. All applications shall be submitted no later than one month preceding the last date on which vouchers may be used by recipients at an authorized farmers’ market/farmstand/CSA.
	50.13(3) Recipient voucher usage expiration. Vouchers shall be valid for recipient use from the season starting date through the ending date as designated by the department. Such date shall be clearly printed on the voucher face. Vouchers shall be null and void after the expiration date.
	50.13(4) Certified vendor voucher reimbursement. All vouchers accepted by a certified vendor shall be deposited on or before 15 days following the date of expiration for voucher usage by recipients. Such date shall be clearly printed in the endorsement space on the back of the voucher. Any claim to voucher payment beyond the voucher reimbursement expiration date is not valid and shall be denied.
	50.13(5) Submissions by local agency. Deadlines for submission of records, reports, survey instruments and undistributed vouchers by local agencies shall be established by the department and specified in the agreement entered into with the local agency.
	50.13(6) Operations plans and reports to USDA-FNS. The department shall develop and submit plans and reports in a manner prescribed by USDA-FNS.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
21—50.14(159,175B) Discrimination complaints. FMNP/SFMNP is open to all eligible persons. Persons seeking to file discrimination complaints based on race, national origin, age, sex, or disability may write to USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue SW, Washington, DC 20250-9410.
[ARC 2573C, IAB 6/8/16, effective 7/13/16]
These rules are intended to implement Iowa Code chapters 159 and 175B.
[Filed 4/10/91, Notice 12/12/90—published 5/1/91, effective 6/5/91]
[Filed emergency 3/30/01 after Notice 2/7/01—published 4/18/01, effective 3/30/01]
[Filed emergency 6/10/05—published 7/6/05, effective 6/10/05]
[Filed 4/6/06, Notice 2/15/06—published 4/26/06, effective 5/31/06]
[Filed emergency 7/26/07—published 8/15/07, effective 7/26/07]
[Filed ARC 8308B (Notice ARC 7867B, IAB 6/17/09), IAB 11/18/09, effective 12/23/09]
[Filed ARC 2573C (Notice ARC 2486C, IAB 4/13/16), IAB 6/8/16, effective 7/13/16]