[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR249.8]

[Page 500-501]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 249_SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP)--Table of Contents
 
                     Subpart D_Participant Benefits
 
Sec. 249.8  Level of benefits and eligible foods.


    (a) General. State agencies must identify in the State Plan the 
fresh, nutritious, unprepared, locally grown fruits, vegetables and 
herbs that are eligible for purchase under the SFMNP. Eligible foods may 
not be processed or prepared beyond their natural state except for usual 
harvesting and cleaning processes. Dried fruits or vegetables, such as 
prunes (dried plums), raisins (dried grapes), sun-dried tomatoes, or 
dried chili peppers are not considered eligible foods in the SFMNP. 
Potted fruit or vegetable plants, potted or dried herbs, wild rice, nuts 
of any kind (even raw), honey, maple syrup, cider, seeds, eggs, meat, 
cheese, and seafood are also not eligible for purposes of the SFMNP. 
``Locally grown'' means produce grown only within a State's borders but 
may be defined by State agencies to include border areas in adjacent 
States. Under no circumstances may produce grown outside of the United 
States and its territories be considered eligible food.
    (b) The value of the Federal benefits received. (1) The Federal 
SFMNP benefit level received by each participant, whether individual or 
household, may not be less than $20 per year or more than $50 per year, 
except that:
    (i) A State agency that operated the SFMNP in FY 2006 may continue 
to issue the same level of benefits that was provided to participants in 
FY 2006, even if the benefit level was less than $20;
    (ii) Participants served by a State agency that operated the SFMNP 
through a CSA program model in FY 2006 may, at the State agency's 
discretion, continue to receive the same CSA benefit levels that were 
provided to such participants in FY 2006, subject to

[[Page 501]]

the conditions set forth at Sec. 249.14(e)(3), Distribution of Funds; 
and
    (iii) Participants who are participating in the SFMNP through a CSA 
program may receive a higher total benefit level than participants 
participating in a check or coupon program model, as long as that level 
is consistent for all Senior CSA program participants and does not 
exceed the $50 annual maximum per individual or household, except as 
provided in paragraph (b)(1) of this section.
    (2) The total value of SFMNP benefits provided in a combination of 
program models, such as coupons/checks and bulk purchase, may not exceed 
the $50 maximum benefit level set forth in paragraph 249.8(b)(1).
    (c) Participant or household benefit allocation. (1) All SFMNP 
participants living in the areas served by the State agency must be 
offered the same amount of SFMNP benefits, regardless of the program 
model(s) used by that State agency.
    (2) Benefits may be allocated on an individual or on a household 
basis.
    (3) Foods provided are intended for the sole benefit of SFMNP 
participants and are not meant to be shared with other non-participating 
household members.
    (4) Participants must receive SFMNP benefits free of charge.