[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR248.3]

[Page 414-415]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 248_WIC FARMERS' MARKET NUTRITION PROGRAM (FMNP)--Table of Contents
 
                            Subpart A_General
 
Sec.  248.3  Administration.

    (a) Delegation to FNS. Within the Department, FNS shall act on 
behalf of the Department in the administration of the FMNP. Within FNS, 
SFPD and the FNS Regional Offices are responsible for FMNP 
administration. FNS shall provide assistance to State agencies and 
evaluate all levels of FMNP operations to ensure that the goals of the 
FMNP are achieved in the most effective and efficient manner possible.
    (b) Delegation to State agency. The State agency is responsible for 
the effective and efficient administration of the FMNP in accordance 
with the requirements of this part; the requirements of the Department's 
regulations governing nondiscrimination (7 CFR parts 15, 15a and 15b), 
administration of grants (7 CFR part 3016), nonprocurement debarment/
suspension (7 CFR part 3017), drug-free workplace (7 CFR part 3017), and 
lobbying (7 CFR part 3018); and, Office of Management and Budget 
Circular A-130, FNS guidelines, and Instructions issued under the FNS 
Directives Management System. The State agency shall provide guidance to 
cooperating WIC State and local agencies on all aspects of FMNP 
operations. Pursuant to section 17(m)(2) of the CNA, State agencies may 
operate the FMNP locally through nonprofit organizations or local 
government entities and must ensure coordination among the appropriate 
agencies and organizations.
    (c) Agreement and State Plan. Each State agency desiring to 
administer the FMNP shall annually submit a State Plan and enter into a 
written agreement with the Department for administration of the Program 
in the jurisdiction of the State agency in accordance with the 
provisions of this part.
    (d) State agency ineligibility. A State agency shall be ineligible 
to participate in the FMNP if State or local sales tax is collected on 
Program food purchases in the area in which it administers the Program, 
except that, if sales tax is collected on Program food purchases by 
sovereign Indian entities which are not State agencies, the State agency 
shall remain eligible so long as any farmers' markets collecting such 
tax are disqualified.
    (e) Coordination with WIC agency. The Chief Executive Officer of the 
State shall ensure coordination between the designated administering 
State agency and the WIC State agency, if different, by ensuring that 
the two agencies enter into a written agreement. Such coordination 
between agencies is necessary for the successful operation of the FMNP, 
because WIC participants or persons on the waiting list for WIC services 
are the only persons eligible to receive Federal benefits under the 
FMNP. The written agreement shall delineate the responsibilities of each 
agency, describe any compensation for services, and shall be signed by 
the designated representative of each agency. This agreement shall be 
submitted each year along with the State Plan.

[[Page 415]]

    (f) State staffing standards. Each State agency shall ensure that 
sufficient staff is available to efficiently and effectively administer 
the FMNP. This shall include, but not be limited to, sufficient staff to 
provide nutrition education in coordination with the WIC Program, coupon 
and market management, fiscal reporting, monitoring, and training. The 
State agency shall provide an outline of administrative staff and job 
descriptions for staff whose salaries will be paid from program funds in 
their State Plans.