Appendix C - Farmers Market Nutrition Program Regulations 7 CFR Part 248 (up to date as of 1-01-2025

Appendix C
Farmers Market Nutrition Program Regulations
7 CFR Part 248

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR Part 248 (Jan. 1, 2025)

This content is from the eCFR and is authoritative but unofficial.

Title 7 —Agriculture
Subtitle B —Regulations of the Department of Agriculture
Chapter II —Food and Nutrition Service, Department of Agriculture
Subchapter A —Child Nutrition Programs
Part 248 WIC Farmers' Market Nutrition Program (FMNP)
Subpart A General
§ 248.1 General purpose and scope.
§ 248.2 Definitions.
§ 248.3 Administration.
Subpart B State Agency Eligibility
§ 248.4 State Plan.
§ 248.5 Selection of new State agencies.
Subpart C Recipient Eligibility
§ 248.6 Recipient eligibility.
§ 248.7 Nondiscrimination.
Subpart D Recipient Benefits
§ 248.8 Level of benefits and eligible foods.
§ 248.9 Nutrition education.
Subpart E State Agency Provisions
§ 248.10 Coupon and market management.
§ 248.11 Financial management system.
§ 248.12 FMNP costs.
§ 248.13 FMNP income.
§ 248.14 Distribution of funds.
§ 248.15 Closeout procedures.
§ 248.16 Administrative appeal of State agency decisions.
Subpart F Monitoring and Review of State Agencies
§ 248.17 Management evaluations and reviews.
§ 248.18 Audits.
§ 248.19 Investigations.
Subpart G Miscellaneous Provisions
§ 248.20 Claims and penalties.
§ 248.21 Procurement and property management.
§ 248.22 Nonprocurement debarment/suspension, drug-free workplace, and lobbying
restrictions.
§ 248.23 Records and reports.
7 CFR Part 248 (Jan. 1, 2025) (enhanced display)

page 2 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR Part 248 (Jan. 1, 2025)

§ 248.24 Other provisions.
§ 248.25 FMNP information.
§ 248.26 OMB control number.

PART 248—WIC FARMERS' MARKET NUTRITION PROGRAM (FMNP)
Authority: 42 U.S.C. 1786.
Source: 59 FR 11517, Mar. 11, 1994, unless otherwise noted.

Subpart A—General
§ 248.1 General purpose and scope.
This part announces regulations under which the Secretary of Agriculture shall carry out the WIC Farmers' Market
Nutrition Program. The dual purposes of the FMNP are:
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
To expand the awareness, use of and sales at farmers' markets.
This will be accomplished through payment of cash grants to approved State agencies which administer the FMNP
and deliver benefits at no cost to eligible persons. The FMNP shall be supplementary to the food stamp program
carried out under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) and to any other Federal or State program
under which foods are distributed to needy families in lieu of food stamps.

§ 248.2 Definitions.
For the purpose of this part and all contracts, guidelines, instructions, forms and other documents related hereto,
the term:
means those direct and indirect costs, exclusive of food costs, as defined in § 248.12(b),
which State agencies determine to be necessary to support FMNP operations. Administrative costs
include, but are not limited to, the costs of administration, start-up, training, monitoring, auditing, the
development of and accountability for coupon and market management, nutrition education, outreach,
eligibility determination, and developing, printing, and distributing coupons.
means a covert, on-site investigation in which a FMNP representative poses as a FMNP
participant and transacts one or more FMNP food coupons.
means a coupon, voucher, or other negotiable financial instrument by which benefits under the FMNP
are transferred to recipients.
means calendar days.

7 CFR 248.2 “Days” (enhanced display)

page 3 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.2 “Demonstration project”

means the Farmers' Market Coupon Demonstration Project authorized by section 17(m)
of the Child Nutrition Act of 1966 (CNA), (42 U.S.C. 1786(m)), as amended by section 501 of the Hunger
Prevention Act of 1988 (Pub. L. 100-435), enacted September 19, 1988. Public Law 102-314 authorized
the Secretary to competitively award, subject to the availability of funds, a 3-year grant (which was
subsequently extended for an additional year by Public Law 102-142) to up to 10 States that submitted
applications that were approved for the establishment of demonstration projects designed to provide WIC
participants with coupons that could be exchanged for fresh, nutritious, unprepared foods at farmers'
markets. Those States are: Connecticut, Iowa, Maryland, Massachusetts, Michigan, New York,
Pennsylvania, Texas, Vermont, and Washington.
means the U.S. Department of Agriculture.
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. Honey, maple syrup, cider, nuts, seeds, eggs, meat, cheese and
seafood are examples of foods not eligible for purposes of the FMNP. State agencies shall consider
locally grown to mean produce grown only within State borders but may also define it to include areas in
neighboring States adjacent to its borders. Under no circumstances can produce grown outside of the
United States and its territories be considered eligible foods.
means an individual authorized to sell produce at participating farmers' markets and/or roadside stands.
Individuals who exclusively sell produce grown by someone else, such as wholesale distributors, cannot
be authorized to participate in the FMNP. For purposes of this part, the term “farmer” shall mean
“producer” as that term is used in section 17(m)(6)(D) of the CNA (42 U.S.C. 1786(m)(6)(D)). A
participating State agency has the option to authorize individual farmers, farmers' markets and/or
roadside stands.
means an association of local farmers who assemble at a defined location for the purpose of
selling their produce directly to consumers.
means the period of 12 calendar months beginning October 1 of any calendar year and ending
September 30 of the following calendar year.
means Federal grant funds provided for the FMNP, plus the required matching funds.
means the Food and Nutrition Service of the U.S. Department of Agriculture.
means the cost of eligible supplemental foods.
has the same definition as that of “family” defined in § 246.2 of this chapter. Each such family shall
constitute a separate household for FMNP benefit issuance purposes.
means property or services which benefit the FMNP and which are contributed by nonFederal parties without charge to the FMNP.
means any nonprofit entity or local government agency which issues FMNP coupons, and provides
nutrition education and/or information on operational aspects of the FMNP to FMNP recipients.
means State, local or private funds, or program income, equal to not less than 30 percent
of the administrative FMNP cost for the fiscal year. The Secretary may negotiate with an Indian State
agency a lower percentage of matching funds, but not less than 10 percent of the administrative cost of
the program, if the Indian State agency demonstrates to the Secretary financial hardship for the affected
Indian tribe, band, group, or council. The match may be satisfied through expenditures for similar farmers'
7 CFR 248.2 “Matching requirement” (enhanced display)

page 4 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.2 “Nonprofit agency”

market programs which operate during the same period as the FMNP. Similar programs include other
farmers' market programs which serve low-income women, infants and children (who may or may not be
WIC participants or on the waiting list for WIC services), as well as other categories of low-income
recipients, such as, but not limited to, low-income elderly persons.
means a private agency which is exempt from income tax under the Internal Revenue Code of
1986, as amended, (26 U.S.C. 1 et. seq.).
means individual or group education sessions and the provision of information and
educational materials designed to improve health status, achieve positive change in dietary habits, and
emphasize relationships between nutrition and health, all in keeping with the individual's personal,
cultural, and socioeconomic preferences.
means the Department's Office of the Inspector General.
means the WIC Farmers' Market Nutrition Program authorized by section 17(m) of the Child
Nutrition Act of 1966 (CNA) (42 U.S.C. 1786(m)), as amended. The Special Supplemental Nutrition
Program for Women, Infants and Children (WIC) is authorized by section 17 of the CNA, as amended.
Within section 17, section 17(m) authorizes the FMNP.
means a person chosen by the State agency to receive FMNP benefits. Such person must be a
woman, infant over 4 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.
means a location at which an individual farmer sells his/her produce directly to consumers. This
is in contrast to a group or association of farmers selling their produce at a farmers' market.
means the Supplemental Food Programs Division of the Food and Nutrition Service of the U.S.
Department of Agriculture.
means other farmers' market projects or programs which serve low-income women, infants
and children, or other categories of recipients, such as, but not limited to, elderly persons.
means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Marianas Islands.
means the agriculture department, the health department or any other agency approved by the
chief executive officer of the State; an Indian tribe, band or group recognized by the Department of the
Interior; an intertribal council or group which is an authorized representative of Indian tribes, bands or
groups recognized by the Department of the Interior and which has an ongoing relationship with such
tribes, bands or groups for other purposes and has contracted with them to administer the Program; or
the appropriate area office of the Indian Health Service (IHS), an agency of the Department of Health and
Human Services.
means a plan of FMNP operation and administration that describes the manner in which the State
agency intends to implement, operate and administer all aspects of the FMNP within its jurisdiction in
accordance with § 248.4.
means the sum of the Federal funds provided to the State agency and non-Federal
contributions provided by the State agency for FMNP purposes.
WIC means the Special Supplemental Nutrition Program for Women, Infants and Children authorized by section
17 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1771 et. seq.).

7 CFR 248.2 “WIC” (enhanced display)

page 5 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.3

[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49745, Sept. 27, 1995; 64 FR 48076, Sept. 2, 1999; 73 FR 65249, Nov. 3, 2008]

§ 248.3 Administration.
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.
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 (2 CFR
part 200, subparts A, B, D, E and F and USDA implementing regulations 2 CFR part 400 and part 415),
nonprocurement debarment/suspension (2 CFR part 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension and USDA implementing regulations 2 CFR part 417), drug-free
workplace (2 CFR part 182, Government-wide Requirements for Drug-Free Workplace), and lobbying (2
CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400, part 415 and part 418); 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.
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.
The written agreement must include a statement that supports full use of Federal funds provided to
State agencies for the administration of the FMNP, and excludes such funds from State budget
restrictions or limitations, including hiring freezes, work furloughs, and travel restrictions.
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.
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.

7 CFR 248.3(e) (enhanced display)

page 6 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.3(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.
[59 FR 11517, Mar. 11, 1994, as amended at 76 FR 37983, June 29, 2011; 81 FR 66496, Sept. 28, 2016]

Subpart B—State Agency Eligibility
§ 248.4 State Plan.
Requirements. By November 15 of each year, each applying or participating State agency shall submit to
FNS for approval a State Plan for the following year as a prerequisite to receiving funds under this section.
The State Plan shall be signed by the State designated official responsible for ensuring that the Program
is operated in accordance with the State Plan. FNS will provide written approval or denial of a completed
State Plan or amendment within 30 days. Portions of the State Plan which do not change annually need
not be resubmitted. However, the State agency shall provide the title of the sections that remain
unchanged, as well as the year of the last Plan in which the sections were submitted. At a minimum, the
Plan must address the following areas in sufficient detail to demonstrate the State agency's ability to
meet the requirements of the FMNP:
A copy of the agreement between the designated administering State agency and the WIC State
agency, if different, for services such as nutrition education, and documentation of coordinated
efforts as required in § 248.3(e), as well as copies of agreements with agencies other than the WIC
State agency.
Estimated number of recipients for the fiscal year, and proposed months of operation.
Estimated cost of the FMNP, including a minimum amount necessary to operate the FMNP.
Description of how the Program will achieve its dual purposes of providing a nutritional benefit to
WIC (or waiting list) participants and expanding the awareness and use of farmers' markets.
Outline of administrative staff and job descriptions.
Detailed description of the recordkeeping system including, but not limited to, the system for
maintaining records pertaining to financial operations, coupon issuance and redemption, and FMNP
participation.
Detailed description of the financial management system, including, but not limited to
documentation of how the State will meet the matching requirement and procedures for obligating
funds.
Detailed description of the service area including:
The number and addresses of participating markets, roadside stands and area WIC clinics
including a map outlining the service area and proximity of markets/roadside stands to clinics;
and
Estimated number of WIC participants and persons on the WIC waiting list that will receive
FMNP coupons.
Description of the coupon issuance system including:
7 CFR 248.4(a)(9) (enhanced display)

page 7 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.4(a)(9)(i)

How the State agency will target areas with highest concentrations of eligible persons and
greatest access to farmers' markets within the broadest possible geographic area;
Annual benefit amount per recipient;
Method for instructing recipients on the proper use of FMNP coupons and the purpose of the
FMNP; and
Method for ensuring that FMNP coupons are only issued to eligible recipients.
Detailed description of the coupon and farmers' market management system including:
Criteria for authorizing farmers' markets and/or roadside stands;
Procedures for training farmers and market managers, at authorization, and annually thereafter;
Procedures for monitoring farmers, farmers' markets and/or roadside stands;
Description of system for identifying high risk farmers, farmers' markets and/or roadside
stands and procedures for sanctioning farmers, farmers' markets and/or roadside stands;
Facsimile of the FMNP coupon;
Identification of the fresh, nutritious, unprepared fruits, vegetables, and herbs which are eligible
for purchase under the Program;
Description of FMNP coupon replacement policy;
Procedures for handling recipient and farmer/farmers' market complaints.
Detailed description of the FMNP coupon redemption process including:
Procedures for ensuring the secure transportation and storage of FMNP coupons;
System for identifying and reconciling FMNP coupons;
Timeframes for FMNP coupon redemption by recipients; submission for payment by markets,
and payment by the State agency;
System for ensuring that FMNP coupons are redeemed only by authorized farmers, farmers' markets
and/or roadside stands and only for eligible foods.
System for identifying FMNP coupons which are redeemed or submitted for payment outside valid
dates or by unauthorized farmers, farmers' markets and/or roadside stands.
A copy of the written agreement to be used between the State agency and authorized farmers,
farmers' markets and/or roadside stands. In those States which authorize farmers' markets, but not
individual farmers, this agreement shall specify in detail the role of and procedures to be used by
farmers' markets for monitoring and sanctioning farmers, and the appropriate procedures to be used
by a farmer to appeal a sanction or disqualification imposed by a farmers' market.
If available, information on the change in consumption of fresh fruits and vegetables by recipients.
This information shall be submitted as an addendum to the State Plan and shall be submitted at
such a date specified by the Secretary.
If available, information on the effects of the program on farmers' markets. This information shall be
submitted as an addendum to the State Plan and shall be submitted at such a date specified by the
Secretary.
7 CFR 248.4(a)(16) (enhanced display)

page 8 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.4(a)(17)

A description of the procedures the State agency will use to comply with the civil rights requirements
described in § 248.7(a), including the processing of discrimination complaints.
State agencies which have not previously participated in the FMNP, shall provide the following
additional information:
A statement assuring that if the State agency receives Federal funds, as specified under §
248.14 to operate the FMNP, and applies those funds to similar programs operated in the
previous fiscal year with State or local funds, the amount of State and local funds that were
available to similar programs in the fiscal year preceding the first year of operation shall not be
reduced. The State agency shall include data in the State Plan showing that it did not reduce
the amount of State and local funds available to the similar program in the preceding fiscal
year.
A capability statement which includes a summary description of any prior experience with
farmers' market projects or programs, including information and data describing the attributes
of such projects or programs.
For States making expansion requests, documentation which demonstrates:
The need for an increase in funding;
That the use of the increased funding will be consistent with serving WIC participants, or
persons on a waiting list for WIC benefits, by expanding benefits to more persons, by enhancing
current benefits, or a combination of both, and expanding the awareness and use of farmers'
markets;
The ability to satisfactorily operate the existing FMNP;
The management capabilities of the State agency to expand; and
Whether, in the case of a State agency that intends to use the funding to increase the value of
the Federal share of the benefits received by a recipient, the funding provided will increase the
rate of coupon redemption.
For those State agencies requesting the extra 2 percent administrative rate for market development
or technical assistance to promote such development in disadvantaged areas or remote rural areas,
an explanation of their justification and plans for the use of such funds.
Amendments. At any time after approval, the State agency may amend the State Plan to reflect changes.
The State agency shall submit the amendments to FNS for approval. The amendments shall be signed by
the State designated official responsible for ensuring that the FMNP is operated in accordance with the
State Plan.
Retention of copy. A copy of the approved State Plan shall be kept on file at the State agency for public
inspection.
[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49746, Sept. 27, 1995; 64 FR 48076, Sept. 2, 1999; 73 FR 65249, Nov. 3, 2008]

7 CFR 248.4(c) (enhanced display)

page 8 of 29

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.5

§ 248.5 Selection of new State agencies.
In selecting new State agencies, the Department will use objective criteria to rank and approve State plans
submitted in accordance with § 248.4. In making this ranking, the Department will consider the amount of funds
necessary to successfully operate the FMNP in the State compared with other States and with the total amount of
funds available to the FMNP. Approval of a State Plan does not equate to an obligation on the part of the
Department to fund the FMNP within that State agency.
[64 FR 48076, Sept. 2, 1999]

Subpart C—Recipient Eligibility
§ 248.6 Recipient eligibility.
Eligibility for certification. Individuals who are eligible to receive Federal benefits under the FMNP are
those, excluding infants 4 months of age or younger, who are currently receiving benefits under WIC or
who are on the waiting list to receive benefits from WIC.
Limitations on certification. If necessary to limit the number of recipients, State agencies may impose
additional eligibility requirements, such as limiting participant certification to certain geographic areas, or
to high priority WIC participants such as pregnant and breastfeeding women. States may also preclude
groups of low priority persons, such as persons on the waiting list for WIC. Each State agency must
specifically identify these limitations on certification in its State Plan.
Recipient or household benefit allocation. On a Statewide basis, State agencies shall elect to allocate and
issue benefits either to recipients or households. A State agency allocating benefits on a household basis
shall not issue more benefits to a household than it otherwise would if benefits were allocated to
individual recipients within the household. For those State agencies issuing FMNP benefits on a
household basis, each family as defined in § 246.2 of this chapter shall constitute a separate household.
Foods provided, regardless of method of issuance, are intended for the sole benefit of FMNP recipients
and are not intended to be shared with other non-participating household members. If a State agency
issues benefits on a household basis, data concerning number and type of recipients must still be
provided as required by § 248.23(b). Recipients shall receive FMNP benefits free of charge.

§ 248.7 Nondiscrimination.
Civil rights requirements. The State agency shall comply 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, Department of Agriculture regulations on nondiscrimination (7 CFR
parts 15, 15a and 15b), and applicable FNS Instructions to ensure that no person shall, on the grounds of
race, color, national origin, age, sex or handicap, be excluded from participation, be denied benefits, or be
otherwise subjected to discrimination, under the FMNP. Because racial and ethnic participation data (as
required by title VI of the Civil Rights Act of 1964) are collected at the time women, infants, and children
are certified for participation in the WIC Program, the Department has determined that the WIC data
collection effort is sufficient to fulfill the racial/ethnic data collection requirement for the FMNP.
Therefore, no additional data collection is required. Compliance 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 regulations and instructions issued thereunder shall include, but not be
limited to:

7 CFR 248.7(a) (enhanced display)

page 9 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.7(a)(1)

Notification to the public of the nondiscrimination policy and complaint rights of recipients and
potentially eligible persons, which may be satisfied through the Department's required
nondiscrimination statement on brochures and publications;
Review and monitoring activity to ensure FMNP compliance with the nondiscrimination laws and
regulations;
Establishment of grievance procedures for handling recipient complaints based on sex and
handicap.
Complaints. Persons seeking to file discrimination complaints may file them either with the Secretary of
Agriculture, or the Director, USDA, Office of Adjudication and Compliance, Room 326-W, Whitten Building,
14th and Independence Avenue, SW., Washington, DC 20250-9410 (or call (800) 795-3272 (voice) or (202)
720-6382 (TTY)), or with the office established by the State agency to handle discrimination grievances or
complaints. All complaints received by State agencies which allege discrimination based on race, color,
national origin, or age shall be referred to the Secretary of Agriculture or the Director of the Office of Equal
Opportunity, USDA. A State agency may process complaints which allege discrimination based on sex or
handicap if grievance procedures are in place.
[59 FR 11517, Mar. 11, 1994, as amended at 73 FR 65249, Nov. 3, 2008]

Subpart D—Recipient Benefits
§ 248.8 Level of benefits and eligible foods.
General. State agencies shall identify in the State Plan the fresh, nutritious, unprepared, locally grown
fruits, vegetables and herbs which are eligible for purchase under the FMNP. Ineligible foods for the
purpose of the FMNP include, but are not limited to: honey, maple syrup, cider, nuts and seeds, eggs,
cheese, meat and seafood. Locally grown shall mean produce grown only within a State's borders but may
be defined to include border areas in adjacent States. Under no circumstances can produce grown
outside of the United States and its territories be considered eligible foods.
The value of the Federal benefits received. The value of the Federal FMNP benefit received by each
recipient, or by each family within a household in those States which elect to issue benefits on a
household basis under § 248.6(c) may not be less than $10 per year nor more than $30 per year.
[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49746, Sept. 27, 1995; 73 FR 65250, Nov. 3, 2008]

§ 248.9 Nutrition education.
Goals. Nutrition education shall emphasize the relationship of proper nutrition to the total concept of good
health, including the importance of consuming fresh fruits and vegetables.
Requirement. The State agency shall integrate nutrition education into FMNP operations and may satisfy
nutrition education requirements through coordination with other agencies within the State. Such other
agencies may include the WIC Program which routinely offers nutrition education to participants and
which may wish to use the opportunity of the FMNP to reinforce nutrition messages. State agencies
wishing to coordinate nutrition education with WIC shall enter into a written cooperative agreement with
WIC agencies to offer nutrition education relevant to the use and nutritional value of foods available to
FMNP recipients. In cases where relevant WIC nutrition education sessions are used to meet this
requirement, reimbursement to the WIC local agency shall not be permitted. In cases where FMNP
7 CFR 248.9(b) (enhanced display)

page 10 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.10

recipients are not receiving relevant nutrition education from the WIC Program, the State agency shall
arrange alternative methods for the provision of such nutrition education which is an allowable cost under
the FMNP.

Subpart E—State Agency Provisions
§ 248.10 Coupon and market management.
General. This section sets forth State agency responsibilities regarding the authorization of farmers,
farmers' markets, and roadside stands. The State agency is responsible for the fiscal management of, and
accountability for, FMNP-related activities for farmers, farmers' markets and roadside stands. Each State
agency may decide whether to authorize farmers individually, farmers' markets, roadside stands, or all of
the above. All contracts or agreements entered into by the State agency for the management or operation
of farmers, farmers' markets and roadside stands shall conform with the requirements of 2 CFR part 200,
subpart D and Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
and USDA implementing regulations 2 CFR part 400 and 415.
Only farmers, farmers' markets and roadside stands authorized by the State agency may redeem
FMNP coupons. Only farmers authorized by the State agency or that have a valid agreement with an
authorized farmers' market may redeem coupons.
The State agency shall establish criteria for the authorization of individual farmers, farmers' markets
and roadside stands. Any authorized farmer, farmers' market and roadside stand must agree to sell
recipients only those foods identified as eligible by the State agency, in exchange for FMNP coupons.
Individuals who exclusively sell produce grown by someone else, such as wholesale distributors,
cannot be authorized to participate in the FMNP, except individuals employed by a farmer otherwise
qualified under these regulations, or individuals hired by a nonprofit organization to sell produce at
farmers' markets or roadside stands on behalf of local farmers.
The State agency shall ensure that an appropriate number of farmers, farmers' markets and/or
roadside stands are authorized for adequate recipient access in the area(s) proposed to be served
and for effective management of the farmers, farmers' markets and/or roadside stands by the State
agency. The State agency may establish criteria to limit the number of authorized farmers, farmers'
markets and/or roadside stands.
The State agency shall ensure that face-to-face training is conducted prior to start up of the first year
of FMNP participation of a farmers' market and individual farmer. The face-to-face training shall
include at a minimum those items listed in paragraph (d) of this section.
Authorized farmers shall display a sign stating that they are authorized to redeem FMNP coupons.
Authorized farmers, farmers' markets and roadside stands shall comply 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, Department of Agriculture
regulations on non-discrimination (7 CFR parts 15, 15a and 15b), and FNS Instructions as outlined in
§ 248.7.
The State agency shall ensure that there is no conflict of interest between the State or local agency
and any participating farmer, farmers' market and roadside stand.

7 CFR 248.10(a)(7) (enhanced display)

page 11 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.10(b)

Farmers' market agreements. The State agency shall ensure that all participating farmers' markets enter
into written agreements with the State agency. The agreement shall be signed by a representative who
has legal authority to obligate the farmer, farmers' market and/or roadside stand. The agreement shall be
signed by a representative who has legal authority to obligate the farmers/farmers' market. Agreements
shall include a description of sanctions for noncompliance with FMNP requirements and shall contain at
a minimum, the following specifications, although the State agency may determine the exact wording to
be used:
The farmer, farmers' market and roadside stand shall:
Provide such information as the State agency may require for its periodic reports to FNS;
Assure that FMNP coupons are redeemed only for eligible foods;
Provide eligible foods at the current price or less than the current price charged to other
customers;
Accept FMNP coupons within the dates of their validity and submit such coupons for payment
within the allowable time period established by the State agency;
In accordance with a procedure established by the State agency, mark each transacted coupon
with a farmer identifier. In those cases where the agreement is between the State agency and
the farmer, each transacted FMNP coupon shall contain a farmer identifier and shall be batched
for reimbursement under that identifier. In those cases where the agreement is between the
State agency and the farmers' market, each transacted FMNP coupon shall contain a farmer
identifier and be batched for reimbursement under a farmers' market identifier.
Accept training on FMNP procedures and provide training to farmers and any employees with
FMNP responsibilities on such procedures;
Agree to be monitored for compliance with FMNP requirements, including both overt and covert
monitoring;
Be accountable for actions of farmers or employees in the provision of foods and related
activities;
Pay the State agency for any coupons transacted in violation of this agreement;
Offer FMNP recipients the same courtesies as other customers;
Comply with the nondiscrimination provisions of USDA regulations as provided in § 248.7; and
Notify the State agency if any farmer, farmers' market and/or roadside stand ceases operation
prior to the end of the authorization period.
The farmer, farmers' market and roadside stand shall not:
Collect sales tax on FMNP coupon purchases;
Seek restitution from FMNP recipients for coupons not paid by the State agency;
Issue cash change for purchases that are in an amount less than the value of the FMNP
coupon(s).

7 CFR 248.10(b)(2)(iii) (enhanced display)

page 12 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.10(b)(3)

Neither the State agency nor the farmer, farmers' market nor a roadside stand has an obligation to
renew the agreement. Either the State agency or the farmer, farmers' market or a roadside stand may
terminate the agreement for cause after providing advance written notification.
The State agency may deny payment to the farmer, farmers' market or roadside stand for improperly
redeemed FMNP coupons and may demand refunds for payments already made on improperly
redeemed coupons.
The State agency may disqualify a farmer, farmers' market or roadside stand for FMNP abuse. The
farmer, farmers' market and/or roadside stand has the right to appeal a denial of an application to
participate, a disqualification, or a FMNP sanction by the State agency. Expiration of a contract or
agreement with a farmer, farmers' market or roadside stand, and claims actions under § 248.20, are
not appealable.
A farmer, farmers' market or a roadside stand which commits fraud or engages in other illegal
activity is liable to prosecution under applicable Federal, State or local laws.
Agreements may not exceed 3 years.
Farmer agreements for State agencies which do not authorize farmers. Those State agencies which
authorize farmers' markets but not individual farmers shall require authorized farmers' markets to enter
into a written agreement with each farmer within the market that is participating in FMNP. The State
agency shall set forth the required terms for the agreement and provide a sample agreement which may
be used.
Annual training for farmers/farmers' market managers. State agencies shall conduct annual training for
farmers/farmers' market managers participating in the FMNP. The State agency shall conduct a face-toface training for all farmers and farmers' market managers who have never previously participated in the
program prior to their commencing participation in the FMNP. After a farmer/farmers' market manager's
first year of FMNP operation, State agencies have discretion in determining the method used for annual
training purposes. At a minimum, annual training shall include instruction emphasizing:
Eligible food choices;
Proper FMNP coupon redemption procedures, including deadlines for submission of coupons for
payment;
Equitable treatment of FMNP recipients, including the availability of produce to FMNP recipients that
is of the same quality and cost as that sold to other customers;
Civil rights compliance and guidelines;
Guidelines for storing FMNP coupons safely; and
Guidelines for cancelling FMNP coupons, such as punching holes or rubber stamping.
Monitoring and review of farmers, farmers' markets, roadside stands and local agencies. The State agency
shall be responsible for the monitoring of farmers, farmers' markets, roadside stands and local agencies
within its jurisdiction. This shall include developing a system for identifying high risk farmers, farmers'
markets, and roadside stands and ensuring on-site monitoring, conducting further investigation, and
sanctioning of such farmers, farmers' markets, or roadside stands as appropriate.

7 CFR 248.10(e) (enhanced display)

page 13 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.10(e)(1)

Where coupon reimbursement responsibilities are delegated to farmers' market managers, farmers'
market associations, or nonprofit organizations, the State agency may establish bonding
requirements for these entities. Costs of such bonding are not reimbursable administrative
expenses.
Each State agency shall rank participating farmers, farmers' markets and roadside stands by risk
factors, and shall conduct annual, on-site monitoring of at least 10 percent of farmers, 10 percent of
farmers' markets and 10 percent of roadside stands which shall include those farmers, farmers'
markets and roadside stands identified as being the highest risk.Mandatory high-risk indicators are a
proportionately high volume of FMNP coupons redeemed by a farmer as compared to other farmers
within the farmers' market and within the State, recipient complaints, and farmers and farmers'
markets in their first year of FMNP operation. States are encouraged to formally establish other high
risk indicators for identifying potential problems. If additional high risk indicators are established,
they shall be set forth in the farmers/farmers' market agreement and in the State Plan. If application
of the high-risk indicators results in fewer than 10 percent of farmers and farmers' markets as highrisk, the State agency shall randomly select additional farmers and farmers' markets to be monitored
in order to meet the 10 percent minimum. The high-risk indicators listed above generally apply to a
State agency already participating in the FMNP. A State agency participating in the FMNP for the first
time shall, in lieu of applying the high-risk indicators, randomly select 10 percent of its participating
farmers, 10 percent of its participating farmers' markets, and 10 percent of its participating roadside
stands for monitoring visits.
The following shall be documented for all on-site farmers, farmers' markets, and roadside stands
monitoring visits. At a minimum, documentation must include the names of the farmer, farmers'
market or roadside stand and the reviewer; date of review; nature of problem(s) detected or the
observation that the farmer, farmers' market or roadside stand appears to be in compliance with
FMNP requirements; a record of interviews with recipients, market managers and/or farmers; and
the signature of the reviewer. The State agency shall do so after a reasonable delay when necessary
to protect the identity of the reviewer(s) or the integrity of the investigation. After the farmer/farmers'
market has been informed of any deficiencies detected by the monitoring visit, and instances where
the farmer/farmers' market will be permitted to continue participation, the farmer/farmers' market
shall provide plans as to how the deficiencies will be corrected.
At least every 2 years, the State agency shall review all local agencies within its jurisdiction. WIC
State agency reviews of WIC local agencies, which include reviews of FMNP practices, may
contribute to meeting the requirement that all local agencies be reviewed once every 2 years.
Control of FMNP coupons.
The State agency shall control and provide accountability for the receipt and issuance of FMNP
coupons.
The State agency shall ensure that there is secure transportation and storage of unissued FMNP
coupons.
The State agency shall design and implement a system of review of FMNP coupons to detect errors.
At a minimum, the errors the system must detect are a missing recipient signature, a missing farmer
and/or market identification, and redemption by a farmer outside of the valid date. The State agency
shall implement procedures to reduce the number of errors in transactions, where possible.
Payment to farmers/farmers' markets. The State agency shall ensure that farmers/ farmers' markets are
promptly paid for food costs.
7 CFR 248.10(g) (enhanced display)

page 14 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.10(h)

Reconciliation of FMNP coupons. The State agency shall identify the disposition of all FMNP coupons as
validly redeemed, lost or stolen, expired, or not matching issuance records. Validly redeemed FMNP
coupons are those that are issued to a valid recipient and redeemed by an authorized farmers/farmers'
market within valid dates. FMNP coupons that were redeemed but cannot be traced to a valid recipient or
authorized farmer/farmers' market shall be subject to claims action in accordance with § 248.20.
If the State agency elects to replace lost, stolen or damaged FMNP coupons, it must describe its
system for doing so in the State Plan.
The State agency shall use uniform FMNP coupons within its jurisdiction.
FMNP coupons must include, at a minimum, the following information:
The last date by which the recipient may use the coupon. This date shall be no later than
November 30 of each year.
A date by which the farmer or farmers' market must submit the coupon for payment. When
establishing this date, State agencies shall take into consideration the date financial
statements are due to the FNS, and allow time for the corresponding coupon reconciliation that
must be done by the State agency prior to submission of financial statements. Currently,
financial statements are due to FNS by January 30.
A unique and sequential serial number.
A denomination (dollar amount).
A farmer identifier for the redeeming farmer when agreements are between the State agency
and the farmer.
In those instances where State agencies have agreements with farmers' markets, there must be
a farmer identifier on each coupon and a market identifier on the cover of coupons which are
batched by the market manager for reimbursement.
Instructions to recipients. Each recipient shall receive instructions on the proper use and redemption of
the FMNP coupons, including, but not limited to:
A list of names and addresses of authorized farmers, farmers' markets and roadside stands at which
FMNP coupons may be redeemed.
A description of eligible foods and the prohibition against cash change.
An explanation of their right to complain about improper farmer/farmers' market practices with
regard to FMNP responsibilities and the process for doing so.
Recipients and farmer/farmers' market complaints. The State agency shall have procedures which
document the handling of complaints by recipients and farmers/farmers' markets. Complaints of civil
rights discrimination shall be handled in accordance with § 248.7(b).
Recipients and farmer/farmers' market sanctions. The State agency shall establish policies which
determine the type and level of sanctions to be applied against recipients and farmers/farmers' markets,
based upon the severity and nature of the FMNP violations observed, and such other factors as the State
agency determines appropriate, such as whether repeated offenses have occurred over a period of time.
Farmers/farmers' markets may be sanctioned, disqualified, or both, when appropriate. Sanctions may
include fines for improper FMNP coupon redemption procedures and the penalties outlined in § 248.20, in
case of deliberate fraud. In those instances where compliance purchases are conducted, the results of
7 CFR 248.10(k) (enhanced display)

page 15 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.11

covert compliance purchases can be a basis for farmer/farmers' market sanctions. A farmer/farmers'
market committing fraud or other unlawful activities is liable to prosecution under applicable Federal,
State or local laws. State agency policies shall ensure that a farmer that is disqualified from the FMNP at
one market or roadside stand shall not participate in the FMNP at any other farmers' market or roadside
stand in the State's jurisdiction during the disqualification period.
[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49746, Sept. 27, 1995; 73 FR 65250, Nov. 3, 2008; 81 FR 66496, Sept. 28, 2016]

§ 248.11 Financial management system.
Disclosure of expenditures. The State agency shall maintain a financial management system which
provides accurate, current and complete disclosure of the financial status of the FMNP. This shall include
an accounting for all property and other assets and all FMNP funds received and expended each fiscal
year.
Internal controls. The State agency shall maintain effective controls over and accountability for all FMNP
funds. The State agency must have effective internal controls to ensure that expenditures financed with
FMNP funds are authorized and properly chargeable to the FMNP.
Record of expenditures. The State agency shall maintain records which adequately identify the source and
use of funds expended for FMNP activities. These records shall contain, but are not limited to, information
pertaining to authorization, receipt of funds, obligations, unobligated balances, assets, liabilities, outlays,
and income.
Payment of costs. The State agency shall implement procedures which ensure prompt and accurate
payment of allowable costs, and ensure the allowability and allocability of costs in accordance with the
cost principles and standard provisions of this part, 2 CFR part 200, subparts D and E and USDA
implementing regulations 2 CFR part 400 and part 415, and FNS guidelines and Instructions.
Identification of obligated funds. The State agency shall implement procedures which accurately identify
obligated FMNP funds at the time the obligations are made.
Resolution of audit findings. The State agency shall implement procedures which ensure timely and
appropriate resolution of claims and other matters resulting from audit findings and recommendations.
Reconciliation of food instruments. The State agency shall reconcile FMNP coupons in accordance with §
248.10(h).
Transfer of cash. The State agency shall establish the timing and amounts of its cash draws against its
Letter of Credit in accordance with 31 CFR part 205.
[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49747, Sept. 27, 1995; 81 FR 66496, Sept. 28, 2016]

§ 248.12 FMNP costs.
General —
Composition of allowable costs. In general, a cost item will be deemed allowable if it is reasonable
and necessary for FMNP purposes and otherwise satisfies allowability criteria set forth in 2 CFR part
200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415 and this part. FMNP

7 CFR 248.12(a)(1) (enhanced display)

page 16 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.12(a)(1)(i)

purposes include the administration and operation of the FMNP. Program costs supported by State
matching contributions must meet the same criteria for allowability as costs supported by Federal
funds. Allowable FMNP costs may be classified as follows:
Food costs and administrative costs. Food costs are the costs of food benefits provided to
FMNP recipients. Administrative costs are the costs associated with providing FMNP benefits
and services to recipients and generally administering the FMNP. Specific examples of
allowable administrative costs are listed in paragraph (b) of this section. Except as provided in
§ 248.14(g) of this part, a State agency's administrative costs under the FMNP may not exceed
17 percent of its total FMNP costs. Any costs incurred for food and/or administration above the
Federal grant level will be the State agency's responsibility.
Market development or technical assistance costs. Market development or technical assistance
costs are those costs under § 248.14(h) incurred to promote the development of farmers'
markets in socially or economically disadvantaged areas, or remote rural areas, where
individuals eligible for participation in the program have limited access to locally grown fruits
and vegetables. Subject to a determination by the Secretary under § 248.14(h), a State agency
may, during any fiscal year, use not more than 2 percent of total program funds for such market
development or technical assistance.
Direct and indirect costs. Direct costs are food and administrative costs incurred specifically for
the FMNP. Indirect costs are administrative costs that benefit multiple programs or activities,
and cannot be identified to any one without effort disproportionate to the results achieved. In
accordance with the provisions of 2 CFR part 200, subpart E and USDA implementing
regulations 2 CFR part 400 and part 415, a claim for reimbursement of indirect costs shall be
supported by an approved allocation plan for the determination of such costs. An indirect cost
rate developed through such an allocation plan may not be applied to a base that includes food
costs.
Costs allowable with prior approval. A State or local agency must obtain prior approval in accordance
with 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415
before charging to the FMNP any capital expenditures and other cost items designated by 2 CFR
part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415 as requiring
such approval.
Unallowable costs. Costs that are not reasonable and necessary for FMNP purposes, or that do not
otherwise satisfy the cost principles of 2 CFR part 200, subpart E, and USDA implementing
regulations 2 CFR parts 400 and 415, are unallowable. Notwithstanding any other provision of 2 CFR
part 200, subparts D and E, and USDA implementing regulations 2 CFR parts 400 and 415, the cost
of constructing or operating a farmers' market is unallowable. Unallowable costs may never be
claimed for Federal reimbursement or counted toward the State matching requirement.
Specified allowable administrative costs. Allowable administrative costs include the following:
The costs associated with the provision of nutrition education which meets the requirements of §
248.9 of this part.
The costs of FMNP coupon issuance, or recipient education covering proper coupon redemption
procedures.
The cost of outreach services.

7 CFR 248.12(b)(3) (enhanced display)

page 17 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.12(b)(4)

The costs associated with the food delivery process, such as printing FMNP coupons, processing
redeemed coupons, and training market managers on the food delivery system.
The cost of monitoring and reviewing Program operations.
The cost of FMNP training.
The cost of required reporting and recordkeeping.
The cost of determining which local WIC sites will be utilized.
The cost of recruiting and authorizing farmers/farmers' markets to participate in the FMNP.
The cost of preparing contracts for farmers/farmers' markets and local WIC providers.
The cost of developing a data processing system for redemption and reconciliation of FMNP
coupons.
The cost of designing program training and informational materials.
The cost of coordinating FMNP implementation responsibilities between designated administering
agencies.
[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49747, Sept. 27, 1995; 81 FR 66496, Sept. 28, 2016; 83 FR 14174, Apr. 3, 2018]

§ 248.13 FMNP income.
Program income means gross income the State agency earns from grant supported activities. It includes fees for
services performed and receipts from the use or rental of real or personal property acquired with Federal grant
funds, but does not include proceeds from the disposition of such property. The State agency shall retain Program
income earned during the agreement period and use it for Program purposes in accordance with the addition
method described in 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415.
Fines, penalties or assessments paid by local agencies or farmers/farmers' markets are also deemed to be FMNP
income. The State agency shall ensure that the sources and applications of Program income are fully documented.
[59 FR 11517, Mar. 11, 1994, as amended at 81 FR 66496, Sept. 28, 2016]

§ 248.14 Distribution of funds.
Conditions for receipt of Federal funds —
Matching of funds —
Match amount. As a prerequisite to the receipt of Federal funds, a State agency must agree to
contribute State, local or private funds, or program income, equal to not less than 30 percent of
the total administrative FMNP cost. The Secretary may negotiate a lower percentage of
matching funds, but not lower than 10 percent of the administrative cost of the program, in the
case of an Indian State agency that demonstrates to the Secretary financial hardship for the
affected Indian tribe, band, group, or council. The State agency may contribute more than the
minimum amount. State, local or private funds for similar programs as defined in § 248.2 may
satisfy the State matching requirement.

7 CFR 248.14(a)(1)(i) (enhanced display)

page 18 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.14(a)(1)(ii)

Sources of matching contributions. A State agency may count any form of contribution
authorized by 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400
and part 415 toward the State matching requirement including in-kind contributions.
Failure to match. A State agency's failure to meet the State matching requirement will result in
the establishment of a claim for the amount of Federal grant funds not matched. The matching
requirement will be considered satisfied if State or other non-Federal matching contributions
reported on the final closeout report (required by § 248.15(a)) amount to at least 30 percent of
the administrative costs. This match amount may be lower for those Indian State agencies that
have demonstrated to the Secretary financial hardship as set forth in paragraph (a)(1)(i) of this
section.
State Plan and agreement. A State agency shall have its State Plan approved and shall execute an
agreement with the Department in accordance with § 248.3(c) of this part.
Distribution of FMNP funds to previously participating State agencies. Provided that sufficient FMNP funds
are available, each State agency that participated in the FMNP in any prior fiscal year, shall receive not
less than the amount of funds the State agency received in the most recent fiscal year in which it received
funding, if it otherwise complies with the requirements established in this part.
Ratable reduction. If amounts appropriated for any fiscal year for grants under the FMNP are not sufficient
to pay to each previously participating State agency at least an amount as identified in paragraph (b) of
this section, each State agency's grant shall be ratably reduced, except that, to the extent permitted by
available funds, each State agency shall receive at least $75,000 or the amount that the State agency
received for the most recent prior fiscal year in which the State participated, if that amount is less than
$75,000.
Expansion of participating State agencies and establishment of new State agencies. Any FMNP funds
remaining for allocation after meeting the requirements of paragraph (b) of this section shall be allocated
in the following manner:
Of the remaining funds, 75 percent shall be made available to State agencies already participating in
the FMNP that wish to serve additional recipients. If this amount is greater than that necessary to
satisfy all State plans approved for additional recipients, the unallocated amount shall be applied
toward satisfying any unmet need in paragraph (d)(2) of this section.
Of the remaining funds, 25 percent shall be made available to State agencies that have not
participated in the FMNP in any prior fiscal year. If this amount is greater than that necessary to
satisfy the approved State Plans for new States, the unallocated amount shall be applied toward
satisfying any unmet need in paragraph (d)(1) of this section. The Department reserves the right not
to fund every State agency with an approved State Plan.
In any fiscal year, any FMNP funds that remain unallocated after satisfying the requirements of
paragraphs (d)(1) and (d)(2) of this section, shall be reallocated in accordance with paragraph (k) of
this section.
Expansion for current State agencies. In providing funds to State agencies that participated in the FMNP in
the previous fiscal year, the Department shall consider on a case-by-case basis, the following:

7 CFR 248.14(e) (enhanced display)

page 19 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.14(e)(1)

Whether the State agency utilized at least 80 percent of its prior year food grant. States that did not
spend at least 80 percent of their prior year food grant may still be eligible for expansion funding if,
in the judgment of the Department, good cause existed which was beyond the management control
of the State, such as severe weather conditions, or unanticipated decreases in participant caseload
in the WIC Program.
Documentation supporting the funds expansion request as outlined in § 248.4(a)(19).
Funding of new State agencies. Funds will be awarded to new State agencies in accordance with § 248.5.
Administrative funding. A State agency shall have available for administrative costs an amount not greater
than 17 percent of total FMNP funds. The 17 percent administrative cost limitation shall not apply to any
funds that a State agency may contribute in excess of its minimum matching requirement. A State agency
may use any non-Federal contributions in excess of the 30 percent (or the negotiated percentage for
those Indian State agencies that received a lower amount) matching requirement for food and/or
administrative costs.
Market development. A State agency shall be permitted to use not more than 2 percent of total program
funds for market development or technical assistance to farmers' markets if the Secretary determines
that the State intends to promote the development of farmers' markets in socially or economically
disadvantaged areas, or remote rural areas, where individuals eligible for participation in the program
have limited access to locally grown fruits and vegetables.
Transfer of funds. A State agency may use not more than 5 percent of the Federal FMNP funds made
available for the fiscal year to reimburse expenses incurred by the FMNP during a preceding fiscal year.
The State agency shall provide such justification for its request to spend back funds under this paragraph
as FNS may require.
Recovery of unused funds. State agencies shall return to FNS any unexpended funds made available for a
fiscal year by February 1 of the following fiscal year.
Reallocation of funds. Any funds recovered under paragraphs (d)(3) and (j) of this section will be
reallocated in accordance with the appropriate method determined by FNS.
[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49747, Sept. 27, 1995; 60 FR 57148, Nov. 14, 1995; 64 FR 48076, Sept. 2, 1999;
73 FR 65251, Nov. 3, 2008; 81 FR 66496, Sept. 28, 2016]

§ 248.15 Closeout procedures.
General. State agencies shall submit to FNS a final closeout report for the fiscal year on a form prescribed
by FNS on a date specified by FNS.
Grant closeout procedures. When grants to State agencies are terminated, the following procedures shall
be performed in accordance with 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR
part 400 and part 415.
FNS may disqualify a State agency's participation under the FMNP, in whole or in part, or take such
remedies as may be appropriate, whenever FNS determines that the State agency failed to comply
with the conditions prescribed in this part, in its Federal-State Agreement, or in FNS guidelines and
instructions. FNS will promptly notify the State agency in writing of the disqualification together with
the effective date.

7 CFR 248.15(b)(1) (enhanced display)

page 20 of 29

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.15(b)(2)

FNS may disqualify the State agency or restrict its participation in the FMNP when both parties agree
that continuation under the FMNP would not produce beneficial results commensurate with the
further expenditure of funds.
Upon termination of a grant, the affected agency shall not incur new obligations after the effective
date of the disqualification, and shall cancel as many outstanding obligations as possible. FNS will
allow full credit to the State agency for the Federal share of the noncancellable obligations properly
incurred by the State agency prior to disqualification, and the State agency shall do the same for
farmers/farmers' markets.
A grant closeout shall not affect the retention period for, or Federal rights of access to, FMNP
records as specified in § 248.24(b) and (c). The closeout of a grant does not affect the
responsibilities of the State agency regarding property or with respect to any FMNP income for
which the State agency is still accountable.
A final audit is not a required part of the grant closeout and should not be needed unless there are
problems with the grant that require attention. If FNS considers a final audit to be necessary, it shall
so inform OIG. OIG will be responsible for ensuring that necessary final audits are performed and for
any necessary coordination with other Federal cognizant audit agencies or State or local auditors.
Audits performed in accordance with § 248.18 may serve as final audits providing such audits meet
the needs of requesting agencies. If the grant is closed out without an audit, FNS reserves the right
to disallow and recover an appropriate amount after fully considering any recommended
disallowances resulting from an audit which may be conducted later.
[59 FR 11517, Mar. 11, 1994, as amended at 81 FR 66496, Sept. 28, 2016]

§ 248.16 Administrative appeal of State agency decisions.
Requirements. The State agency shall provide a hearing procedure whereby recipients, local agencies and
farmers/farmers' markets adversely affected by certain actions of the State agency may appeal those
actions. A recipient may appeal disqualification/suspension of FMNP benefits. A local agency may appeal
an action of the State agency disqualifying it from participating in the FMNP. A farmer/farmers' market
may appeal an action of the State agency denying its application to participate, imposing a sanction, or
disqualifying it from participating in the FMNP. Expiration of a contract or agreement shall not be subject
to appeal.
Postponement pending decision. An adverse action may, at the State agency's option, be postponed until a
decision in the appeal is rendered.
In a case where an adverse action affects a local agency or farmer/farmers' market, a postponement
is appropriate where the State agency finds that recipients would be unduly inconvenienced by the
adverse action. In addition, the State agency may determine other relevant criteria to be considered
in deciding whether or not to postpone an adverse action.
In a case where a recipient appeals the termination of benefits, that recipient shall continue to
receive FMNP benefits until the hearing official reaches a decision or the expiration of the current
FMNP season, whichever occurs first. Applicants who are denied benefits may appeal the denial, but
shall not receive benefits while awaiting the decision.
Procedure. The State agency hearing procedure shall at a minimum provide the recipient, local agency or
farmer/farmers' market with the following:
7 CFR 248.16(c) (enhanced display)

page 21 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.16(c)(1)

Written notification of the adverse action, the cause(s) for the action, and the effective date of the
action, including the State agency's determination of whether the action shall be postponed under
paragraph (b) of this section if it is appealed, and the opportunity for a hearing. Such notification
shall be provided within a reasonable timeframe established by the State agency and in advance of
the effective date of the action.
The opportunity to appeal the action within the time specified by the State agency in its notification
of adverse action.
Adequate advance notice of the time and place of the hearing to provide all parties involved
sufficient time to prepare for the hearing.
The opportunity to present its case and at least one opportunity to reschedule the hearing date upon
specific request. The State agency may set standards on how many hearing dates can be scheduled,
provided that a minimum of two hearing dates is allowed.
The opportunity to confront and cross-examine adverse witnesses.
The opportunity to be represented by counsel, or in the case of a recipient appeal, by a representative
designated by the recipient, if desired.
The opportunity to review the case record prior to the hearing.
An impartial decision maker, whose decision as to the validity of the State agency's action shall rest
solely on the evidence presented at the hearing and the statutory and regulatory provisions
governing the FMNP. The basis for the decision shall be stated in writing, although it need not
amount to a full opinion or contain formal findings of fact and conclusions of law.
Written notification of the decision in the appeal, within 60 days from the date of receipt of the
request for a hearing by the State agency.
Continuing responsibilities. Appealing an adverse action does not relieve a farmer/farmers' market or
local agency permitted to continue in the FMNP while its appeal is pending, from responsibility for
continued compliance with the terms of the written agreement or contract with the State agency.
Judicial review. If a State level decision is rendered against the recipient, local agency or farmer/farmers'
market and the appellant expresses an interest in pursuing a further review of the decision, the State
agency shall explain any further State level review of the decision and any available State level rehearing
process. If neither is available or both have been exhausted, the State agency shall explain the right to
pursue judicial review of the decision.
Additional appeals procedures for State agencies which authorize farmers' markets and not individual
farmers. A State agency which authorizes farmers' markets and not individual farmers shall ensure that
procedures are in place to be used when a farmer seeks to appeal an action of a farmers' market or
association denying the farmer's application to participate, or sanctioning or disqualifying the farmer. The
procedures shall be set forth in the State Plan and in the agreements entered by the State agency and the
farmers' market and the farmers' market and the farmer.
[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49748, Sept. 27, 1995; 60 FR 57148, Nov. 14, 1995]

Subpart F—Monitoring and Review of State Agencies

7 CFR 248.16(f) (enhanced display)

page 22 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.17

§ 248.17 Management evaluations and reviews.
General. FNS and each State agency shall establish a management evaluation system in order to assess
the accomplishment of FMNP objectives as provided under these regulations, the State Plan, and the
written agreement with the Department. FNS will provide assistance to State agencies in discharging this
responsibility, and will establish standards and procedures to determine how well the objectives of this
part are being accomplished, and implement sanction procedures as warranted by State FMNP
performance.
Responsibilities of FNS. FNS shall establish evaluation procedures to determine whether State agencies
carry out the purposes and provisions of this part, the State Plan, and the written agreement with the
Department. As a part of the evaluation procedure, FNS shall review audits to ensure that the FMNP has
been included in audit examinations at a reasonable frequency. These evaluations shall also include
reviews of selected local agencies, and on-site reviews of selected farmers, farmers' markets and
roadside stands. These evaluations will measure the State agency's progress toward meeting the
objectives outlined in its State Plan and the State agency's compliance with these regulations.
If FNS determines that the State agency has failed, without good cause, to demonstrate efficient and
effective administration of its FMNP or has failed to comply with the requirements contained in this
section or the State Plan, FNS may withhold an amount up to 100 percent of the State agency's
administrative grant.
Sanctions imposed upon a State agency by FNS in accordance with this section (but not claims for
repayment assessed against a State agency) may be appealed in accordance with the procedures
established in § 248.20. Before carrying out any sanction against a State agency, the following
procedures will be followed:
FNS will notify the chief departmental officer of the administering agency in writing of the
deficiencies found and of FNS' intention to withhold administrative funds unless an acceptable
corrective action plan is submitted by the State agency to FNS within 45 days after mailing of
notification.
The State agency shall develop a corrective action plan, including timeframes for
implementation to address the deficiencies and prevent their future recurrence.
If the corrective action plan is acceptable, FNS will notify the chief departmental officer of the
administering agency in writing within 30 days of receipt of the plan. The letter will advise the
State agency of the sanctions to be imposed if the corrective action plan is not implemented
according to the schedule set forth in the approved plan.
Upon notification from the State agency that corrective action has been taken, FNS will assess
such action, and if necessary, perform a follow-up review to determine if the noted deficiencies
have been corrected. FNS will then advise the State agency of whether the actions taken are in
compliance with the corrective action plan, and whether the deficiency is resolved or further
corrective action is needed. Compliance buys can be required if, during FNS management
evaluations by regional offices, a State agency is found to be out of compliance with its
responsibility to monitor and review farmers, farmers' markets and roadside stands.

7 CFR 248.17(b)(2)(iv) (enhanced display)

page 23 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.17(b)(2)(v)

If an acceptable corrective action plan is not submitted within 45 days, or if corrective action is
not completed according to the schedule established in the corrective action plan, FNS may
withhold the award of FMNP administrative funds. If the 45-day warning period ends in the
fourth quarter of a fiscal year, FNS may elect not to withhold funds until the next fiscal year.
FNS will notify the chief departmental officer of the administering State agency.
If compliance is achieved before the end of the fiscal year in which the FMNP administrative
funds are withheld, the funds withheld may be restored to the State agency. FNS is not required
to restore funds withheld beyond the end of the fiscal year for which the funds were initially
awarded.
Responsibilities of State agencies. The State agency is responsible for meeting the following
requirements:
The State agency shall establish evaluation and review procedures and document the results of such
procedures. The procedures shall include, but are not limited to:
Annual monitoring reviews of participating farmers, farmers' markets and roadside stands,
including on-site reviews of a minimum of 10 percent of farmers, 10 percent of farmers'
markets, and 10 percent of roadside stands, which includes those farmers, farmers' markets,
and roadside stands identified as being the highest risk. First year of operation in the FMNP
shall be considered a high-risk indicator. More frequent reviews may be performed as the State
agency deems necessary.
Conducting monitoring reviews of all local agencies within the State agency's jurisdiction at
least once every 2 years. Monitoring of local agencies shall encompass, but not be limited to,
evaluation of management, accountability, certification, nutrition education, financial
management systems, and coupon management systems. WIC State agency reviews of local
agencies conducted for the WIC Program may contribute to meeting the FMNP requirement
that all local agencies be reviewed once every two years if the reviews include reviews of FMNP
practices. When the WIC State agency conducts a review of the local agency outside of the
FMNP season, a review of documents and procedural plans of the FMNP, rather than actual
FMNP activities, is acceptable.
Instituting the necessary follow-up procedures to correct identified problem areas.
On its own initiative or when required by FNS, the State agency shall provide special reports on FMNP
activities, and take positive action to correct deficiencies in FMNP operations.
[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49748, Sept. 27, 1995; 73 FR 65251, Nov. 3, 2008]

§ 248.18 Audits.
Federal access to information. The Secretary, the Comptroller General of the United States, or any of their
duly authorized representatives, or duly authorized State auditors shall have access to any books,
documents, papers, and records of the State agency and their contractors, for the purpose of making
surveys, audits, examinations, excerpts, and transcripts.

7 CFR 248.18(a) (enhanced display)

page 24 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.18(b)

State agency response. The State agency may take exception to particular audit findings and
recommendations. The State agency shall submit a response or statement to FNS as to the action taken
or planned regarding the findings. A proposed corrective action plan developed and submitted by the
State agency shall include specific time frames for its implementation and for completion of the
correction of deficiencies and problems leading to the deficiencies.
Corrective action. FNS shall determine whether FMNP deficiencies identified in an audit have been
adequately corrected. If additional corrective action is necessary, FNS shall schedule a follow-up review,
allowing a reasonable time for such corrective action to be taken.
State sponsored audits. State and local agencies shall conduct independent audits in accordance with 2
CFR part 200, subpart F and Appendix XI Compliance Supplement and USDA implementing regulations 2
CFR part 400 and part 415, as applicable. A State or local agency may elect to obtain either an
organization-wide audit or an audit of the Program if it qualifies to make such an election under applicable
regulations.
[59 FR 11517, Mar. 11, 1994, as amended at 81 FR 66496, Sept. 28, 2016]

§ 248.19 Investigations.
Authority. The Department may make an investigation of any allegation of noncompliance with this part
and FNS guidelines and instructions. The investigation may include, where appropriate, a review of
pertinent practices and policies of any State and local agency, the circumstances under which the
possible noncompliance with this part occurred, and other factors relevant to a determination as to
whether the State and local agency has failed to comply with the requirements of this part.
Confidentiality. No State or local agency, recipient, or other person shall intimidate, threaten, coerce, or
discriminate against any individual for the purpose of interfering with any right or privilege under this part
because that person has made a complaint or formal allegation, or has testified, assisted, or participated
in any manner in an investigation, proceeding, or hearing under this part. The identity of every complainant
shall be kept confidential except to the extent necessary to carry out the purposes of this part, including
the conducting of any investigation, hearing, or judicial proceeding.

Subpart G—Miscellaneous Provisions
§ 248.20 Claims and penalties.
Claims against State agencies.
If FNS determines through a review of the State agency's reports, program or financial analysis,
monitoring, audit, or otherwise, that any FMNP funds provided to a State agency for food or
administrative purposes were, through State agency negligence or fraud, misused or otherwise
diverted from FMNP purposes, a formal claim will be assessed by FNS against the State agency. The
State agency shall pay promptly to FNS a sum equal to the amount of the administrative funds or the
value of coupons so misused or diverted.
If FNS determines that any part of the FMNP funds received by a State agency; or coupons, were lost
as a result of theft, embezzlement, or unexplained causes, the State agency shall, on demand by
FNS, pay to FNS a sum equal to the amount of the money or the value of the FMNP coupons so lost.

7 CFR 248.20(a)(2) (enhanced display)

page 25 of 30

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.20(a)(3)

The State agency shall have full opportunity to submit evidence, explanation or information
concerning alleged instances of noncompliance or diversion before a final determination is made in
such cases.
FNS is authorized to establish claims against a State agency for unreconciled FMNP coupons. When
a State agency can demonstrate that all reasonable management efforts have been devoted to
reconciliation and 99 percent or more of the FMNP coupons issued have been accounted for by the
reconciliation process, FNS may determine that the reconciliation process has been completed to
satisfaction.
Interest charge on claims against State agencies. If an agreement cannot be reached with the State
agency for payment of its debts or for offset of debts on its current Letter of Credit within 30 days from
the date of the first demand letter from FNS, FNS will assess an interest (late) charge against the State
agency. Interest accrual shall begin on the 31st day after the date of the first demand letter, bill or claim,
and shall be computed monthly on any unpaid balance as long as the debt exists. From a source other
than the FMNP, the State agency shall provide the funds necessary to maintain FMNP operations at the
grant level authorized by FNS.
Penalties. In accordance with section 12(g) of the National School Lunch Act, whoever embezzles, willfully
misapplies, steals or obtains by fraud any funds, assets or property provided under section 17 of the Child
Nutrition Act of 1966, as amended, whether received directly or indirectly from USDA, or whoever receives,
conceals or retains such funds, assets or property for his or her own interest, knowing such funds, assets
or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such funds,
assets or property are of the value of $100 or more, be fined not more than $10,000 or imprisoned not
more than five years, or both, or if such funds, assets or property are of a value of less than $100, shall be
fined not more than $1,000 or imprisoned for not more than one year, or both.

§ 248.21 Procurement and property management.
Requirements. State agencies shall comply with the requirements of 2 CFR part 200, subpart D and USDA
implementing regulations 2 CFR part 400 and part 415 for procurement of supplies, equipment and other
services with FMNP funds. These requirements are adopted by FNS to ensure that such materials and
services are obtained for the FMNP in an effective manner and in compliance with the provisions of
applicable law and executive orders.
Contractual responsibilities. The standards contained in 2 CFR part 200, subpart D and Appendix II,
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards and USDA implementing
regulations 2 CFR part 400 and part 415 do not relieve the State agency of the responsibilities arising
under its contracts. The State agency is the responsible authority, without recourse to FNS, regarding the
settlement and satisfaction of all contractual and administrative issues arising out of procurements
entered into in connection with the FMNP. This includes, but is not limited to, disputes, claims, protests of
award, source evaluation, or other matters of a contractual nature. Matters concerning violation of law are
to be referred to such local, State or Federal authority as may have proper jurisdiction.
State regulations. The State agency may use its own procurement regulations which reflect applicable
State and local regulations, provided that procurements made with FMNP funds adhere to the standards
set forth in 2 CFR part 200, subpart D and Appendix II, Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards and USDA implementing regulations 2 CFR part 400 and part 415.

7 CFR 248.21(c) (enhanced display)

page 26 of 29

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.21(d)

Property acquired with program funds. State and local agencies shall observe the standards prescribed in
2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415 in their
utilization and disposition of real property and equipment acquired in whole or in part with FMNP funds.
[59 FR 11517, Mar. 11, 1994, as amended at 81 FR 66496, Sept. 28, 2016]

§ 248.22 Nonprocurement debarment/suspension, drug-free workplace, and lobbying
restrictions.
The State agency shall ensure compliance with the requirements of the Department's regulations governing
nonprocurement debarment/suspension (2 CFR part 180, OMB Guidelines to Agencies on Government-wide
Debarment and Suspension and USDA implementing regulations 2 CFR part 417), drug-free workplace (2 CFR part
182, Government-wide Requirements for Drug-Free Workplace), and the Department's regulations governing
restrictions on lobbying (2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400, part 415
and part 418), where applicable.
[81 FR 66497, Sept. 28, 2016]

§ 248.23 Records and reports.
Recordkeeping requirements. Each State agency shall maintain full and complete records concerning
FMNP operations. Such records shall comply with 2 CFR part 200, subpart D and USDA implementing
regulations 2 CFR part 400 and part 415 and the following requirements:
Records shall include, but not be limited to, information pertaining to financial operations, FMNP
coupon issuance and redemption, equipment purchases and inventory, nutrition education, and civil
rights procedures.
All records shall be retained for a minimum of 3 years following the date of submission of the final
expenditure report for the period to which the report pertains. If any litigation, claim, negotiation,
audit or other action involving the records has been started before the end of the 3-year period, the
records shall be kept until all issues are resolved, or until the end of the regular 3-year period,
whichever is later. If FNS deems any of the FMNP records to be of historical interest, it may require
the State agency to forward such records to FNS whenever the State agency is disposing of them.
Records for nonexpendable property acquired in whole or in part with FMNP funds shall be retained
for three years after its final disposition.
All records shall be available during normal business hours for representatives of the Department of
the Comptroller General of the United States to inspect, audit, and copy. Any reports resulting from
such examinations shall not divulge names of individuals.
Financial and recipient reports. State agencies shall submit financial and FMNP performance data on a
yearly basis as specified by FNS and required by section 17(m)(8) of the CNA. Such information shall
include, but shall not be limited to:
Number and type of recipients (Federal and non-Federal).
Value of coupons issued.
Value of coupons redeemed.

7 CFR 248.23(b)(3) (enhanced display)

page 27 of 29

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.23(c)

Source documentation. To be acceptable for audit purposes, all financial and FMNP performance reports
shall be traceable to source documentation.
Certification of reports. Financial and FMNP reports shall be certified as to their completeness and
accuracy by the person given that responsibility by the State agency.
Use of reports. FNS will use State agency reports to measure progress in achieving objectives set forth in
the State Plan, and this part, or other State agency performance plans. If it is determined, through review
of State agency reports, FMNP or financial analysis, or an audit, that a State agency is not meeting the
objectives set forth in its State Plan, FNS may request additional information including, but not limited to,
reasons for failure to achieve these objectives.
[59 FR 11517, Mar. 11, 1994, as amended at 81 FR 66496, Sept. 28, 2016]

§ 248.24 Other provisions.
No aid reduction. The value of benefits or assistance available under the FMNP shall not be considered as
income or resources of recipients or their families for any purpose under Federal, State, or local laws,
including, but not limited to, laws relating to taxation, welfare and public assistance programs. Section
17(m)(7)(B) of the CNA provides that any programs for which a grant is received under this subsection
shall be supplementary to the food stamp program carried out under the Food Stamp Act of 1977 as
amended (7 U.S.C. 2011 et seq.) and to any other Federal or State program under which foods are
distributed to needy families in lieu of food stamps.
Statistical information. FNS reserves the right to use information obtained under the FMNP in a summary,
statistical or other form which does not identify particular individuals.
Confidentiality. The State agency shall restrict the use or disclosure of information obtained from FMNP
applicants and recipients to persons directly connected with the administration or enforcement of the
WIC Program or the FMNP, including persons investigating or prosecuting violations in the WIC Program
or FMNP under Federal, State or local authority.
Program evaluations. State and local FMNP agencies and contractors must cooperate in studies and
evaluations conducted by or on behalf of the Department, related to programs authorized under the
Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 (42 U.S.C. 1786).
[59 FR 11517, Mar. 11, 1994, as amended at 76 FR 37983, June 29, 2011]

§ 248.25 FMNP information.
Any person who wishes information, assistance, records or other public material shall request such information
from the State agency, or from the FNS Regional Office serving the appropriate State as listed below:
Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont: U.S. Department
of Agriculture, FNS, Northeast Region, 10 Causeway Street, Room 501, Boston, Massachusetts
02222-1066.
Delaware, District of Columbia, Maryland, New Jersey, Pennsylvania, Puerto Rico, Virginia, Virgin Islands,
West Virginia: U.S. Department of Agriculture, FNS, Mid-Atlantic Region, Mercer Corporate Park, 300
Corporate Boulevard, Robbinsville, New Jersey, 08691-1598.

7 CFR 248.25(b) (enhanced display)

page 28 of 29

7 CFR Part 248 (up to date as of 1/01/2025)
WIC Farmers' Market Nutrition Program (FMNP)

7 CFR 248.25(c)

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee: U.S.
Department of Agriculture, FNS, Southeast Region, 61 Forsyth Street, SW., Room 8T36, Atlanta, Georgia
30303.
Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin: U.S. Department of Agriculture, FNS, Midwest
Region, 77 West Jackson Boulevard—20th floor, Chicago, Illinois 60604-3507.
Arkansas, Louisiana, New Mexico, Oklahoma, Texas: U.S. Department of Agriculture, FNS, Southwest
Region, 1100 Commerce Street, room 5-C-30, Dallas, Texas 75242.
Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, Utah, Wyoming: U.S.
Department of Agriculture, FNS, Mountain Plains Region, 1244 Speer Boulevard, suite 903, Denver,
Colorado 80204.
Alaska, American Samoa, Arizona, California, Guam, Hawaii, Idaho, Nevada, Oregon, Trust Territory of the Pacific
Islands, the Northern Mariana Islands, Washington: U.S. Department of Agriculture, FNS, Western Region,
90 Seventh Street, Suite #10-100, San Francisco, California 94103.
[59 FR 11517, Mar. 11, 1994, as amended at 60 FR 49748, Sept. 27, 1995; 60 FR 57148, Nov. 14, 1995; 73 FR 65251, Nov. 3, 2008]

§ 248.26 OMB control number.
The collecting of information requirements for part 248 have been approved by the Office of Management and
Budget and assigned OMB control number 0584-0477.
[60 FR 49748, Sept. 27, 1995]

7 CFR 248.26 (enhanced display)

page 29 of 29