[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR248.3]



[Page 426-427]

 

                          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.



[[Page 427]]



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.

    (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.