Appendix D - WIC Farmers Market Nutrition Act 1992

Appendix D
WIC Farmers Market Nutrition Act 1992

106 STAT. 280

PUBLIC LAW 102-314-JULY 2, 1992

Public Law 102-314
102d Congress
An Act
July 2, 1992
[B.R. 3711)

MC Farm.en1'
Market
Nutrition Act of
1992.

To authorize grants to be made to State programs designed to provide resources
to persons who are nutritionally at risk in the form of fresh nutritious unprepared foods,
and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

Women.

This Act may be cited as the "WIC Farmers' Market Nutrition
Actof1992".

42 USC 1771

SEC. 2. PURPOSE.

Children and
youth.
note.

42 USC 1786

note.

_ The purpose of this Act is to authorize grants to be made to State
programs designed to(1) provide resources to women, infants, and children who are
nutritionally at risk in the form of fresh nutritious unpre- pared
foods (such as fruits and vegetables), from farmers' mar- kets;
and
(2) expand the awareness and use of farmers' markets and
increase sales at such markets.
SEC. 3. MO FARMERS' MARKET NUTRITION PROGRAM.

Subsection (m) of section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786(m)) is amended to read as follows:
"(m)(l) Subject to the availability of funds appropriated for the
purposes of this subsection, and as specified in this subsection,
the Secretary shall award grants to States that submit State plans that
are approved for the establishment or maintenance of programs
designed to provide recipients of assistance under subsection (c), or
those who are on the waiting list to receive the assistance, with
coupons that may be exchanged for fresh, nutritious, unpre- pared
foods at farmers' markets, as defined in the State plans submitted
under this subsection.
"(2) A grant provided to any State under th.is subsection shall
be provided to the chief executive officer of the State, who shall"(A) designate the appropriate State agency or agencies to
administer the program in conjunction with the appropriate
nonprofit organizations; and
"(B) ensure coordination of the program among the appropriate agencies and organizations.
"(3) The Secretary shall not make a grant to any State under
this subsection unless the State agrees to provide State, local,
or private funds for the program in an amount that is equal to
not less than 30 percent of the total cost of the program, which
may be satisfied from State contributions that are made for similar
programs.
"(4) Subject to paragraph (6), the Secretary shall establish a
formula for determining the amount of the grant to be awarded under
this subsection to each State for which a State plan is approved under
paragraph (6), according to the number of recipients

AUTHENTICATE9
U.S. GOVERNMENT
INFORMATION

GPO

PUBLIC LAW 102-314-JULY 2, 1992

106 STAT. 281

proposed to participate as specified in the State plan. In determining
the amount to be awarded to new States, the Secretary shall rank
order the State plans according to the criteria of operation set forth
in this subsection, and award grants accordingly. The Secretary
shall take into consideration the minimum amount needed to fund
each approved State plan, and need not award grants to each
State that submits a State plan.
"(5) Each State that receives a grant under this subsection shall
ensure that the program for which the grant is received complies
with the following requirements:
"(A) Individuals who are eligible to receive Federal benefits
under the program shall only 6e individuals who are receiving
assistance under subsection (c), or who are on the waiting list
to receive the assistance.
"(B) Construction or operation of a farmers' market may
not be carried out using funds"(i) provided under the grant; or
"(ii) required to be provided by the State under paragraph
(3).

"(C) The value of the Federal share of the benefits received by
any recipient under the program may not be"(i)less than $10 per year; or
"(ii) more than $20 per year.
"(D) The coupon issuance process under the program shall
be designed to ensure that coupons are targeted to areas with• (i) the highest concentration of eligi6le individuals;
"(ii) the greatest access to farmers' markets· and
"(iii) certain characteristics, in addition to those described
in clauses (i) and (ii), that are determined to be relevant by
the Secretary and that maximize the availability of
benefits to eligible individuals.
"(E) The coupon redemption process under the program shall
be desi g n ed to ensure that the coupons may be(i) redeemed only by producers authorized by the State
to participate in the program; and
"(ii) redeemed only to purchase fresh nutritious unprepared food for human consumption.
"(F)(i) Except as provided in clauses (ii) and (iii), the State
may use for administration of the program in any fiscal year
not more than 15 percent of the total amount of program funds.
"(ii) During the first fiscal year for which a State receives
assistance under this subsection, the Secretary shall permit the
State to use 2 percent of the total program funds for
administration of the program in addition to the amount the
State is permitted to use under clause (i). During any fiscal
year other than the first fiscal year for which a State receives
assistance under this subsection, upon the showing by the State
of financial need, the Secretary may permit the State to use
not more than 2 percent of the total program funds for
administration of the program in addition to the amount the
State is permitted to use under clause (i).
"(iii) The provisions of clauses (i) and (ii) with respect to
the use of program funds for the administration of the program
shall not apply to any funds that a State may contribute in
excess of the funds used by the State to meet the requirements
of paragraph (3).

106 STAT. 282

PUBLIC LAW 102-314-JULY 2, 1992

"(G) The State shall ensure that no State or local taxes
are collected within the State on purchases of food with coupons
distributed under the program.
"(6XA) Each State that received assistance under the demonstration program authorized by this subsection in a fiscal year
ending before October 1, 1991, shall receive assistance under this
subsection if the State complies with the requirements established
by this subsection, as determined by the Secretary.
"(B)(i) Subject to the availability of appropriations, if a State
provides the amount of matching funds required under paragraph
(3), the State shall receive assistance under this subsection in
an amount that is not less than the amount of such assistance
that the State received in the most recent fiscal year in which
it received such assistance.
"(ii) If amounts appropriated for any fiscal year pursuant to the
authorization contained in paragraph (10) for grants under this
subsection are not sufficient t o pay to each State for which a State
plan is approved under paragraph (6) the amount that the
Secretary determines each such State is entitled to under this
subsection, each State's grant shall be ratably reduced, except that
(if sufficient funds are available) each State shall receive at least
$50,000 or the amount that the State received for the prior fiscal
year if that amount is less than $50,000.
"(C) In providing funds to serve additional recipients in a State
that received assistance under this subsection in the previous fiscal
year, the Secretary shall consider"(i) the availability of any such assistance not spent by the State
during the program year for which the assistance was received;
"(ii) documentation that justifies the need for an increase
in participation; and
"(iii) demonstrated ability to satisfactorily operate the existing program.
"(D)(i) A State that desires to receive a grant under this subsection shall submit, for each fiscal year, a State plan to the
Secretary at such time and in such manner as the Secretary may
reasonably require.
"(ii) Each State plan submitted under this paragraph shall
contain"(!) the estimated cost of the program and the estimated
number of individuals to be served by the program;
"(II) a description of the State plan for complying with the
requirements established in paragraph (6); and
"(ill) criteria developed by the State with respect to
authorization of producers to participate in the program.
"(iii) The criteria developed by the State as required by clause
(ii)(ill) shall require any authorized producer to sell fresh nutritious
unprepared foods (such as fruits and vegetables) to recipients, in
exchange for coupons distributed under the program.
"(E) The Secretary shall establish objective criteria for the
approval and ranking of State plans submitted under this paragraph.
"(F) In approving and ranking State plans submitted under this
paragraph, the Secretary shall"(i) favorably consider a State's prior experiences with this
or similar programs;

PUBLIC LAW 102-314-JULY 2, 1992

106 STAT. 283

"(ii) favorably consider a State's operation of a similar program with State or local funds that can present data concerning
the value of the program;
"(iii) require that if a State receiving a grant under this section
applies the Federal grant to a similar program operated in the
previous fiscal year with State or local funds, the State shall
not reduce in any fiscal year the amount of State and local
funds available to the program in the preceding fiscal year
after receiving funds for the program under this sub- section;
"(iv) give preference to State plans that would serve areas
in the State that have"(I) the highest concentration of eligible persons;
"(II) the greatest access to farmers' markets;
"(Ill) broad geographical area;
"(IV) the greatest number of recipients in the broadest
geographical area within the State; and
"(V) any other characteristics, as determined appropriate
by the Secretary, that maximize the availability of benefits
to eligible persons; and
"(v) take into consideration the amount of funds available and
the minimum amount needed by each applicant State to
successfully operate the program.
"(G)(i) An amount equal to 45 to 55 percent of the funds available
aft.er satisfying the requirements of subparagraph (B) shall be made
available to States participating in the program that wish to serve
additional recipients, and whose State plan to do so is approved by
the Secretary. If this amount is greater than that necessary to
satisfy the approved State plans for additional recipients, the
unallocated amount shall be applied toward satisfying any unmet
need of States that have not participated in the program in the prior
fiscal year, and whose State plans have been approved.
"(ii) An amount equal to 45 to 55 percent of the funds available
after satisfying the requirements of subparagraph (B) shall be made
available to States that have not participated in the program in
the prior fiscal year, and whose State plans have been approved
by the Secretary. 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 of States that
desire to serve additional recipients, and whose State plans have
been approved.
"(iii) In any fiscal year, any funds that remain unallocated after
satisfying the requirements of clauses (i) and (ii) shall be reallocated
in the following fiscal year according to procedures established
pursuant to paragraph (10)(B)(ii).
"(7)(A) The value of the benefit received by any recipient under
any program for which a grant is received under this subsection may
not affect the eligibility or benefit levels for assistance under other
Federal or State programs.
"(B) 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 (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.
"(8) For each fiscal year, the Secretary shall collect from each
State that receives a grant under this subsection information relating to-

106 STAT. 284

Appropriation
authorization.

PUBLIC LAW 102-814--JULY 2, 1992

"(A) the number and type of recipients served by both Federal and
non-Federal benefits under the program for which the grant is
received;
"(B) the rate of redemption of coupons distributed under
the program;
"(C) the average amount distributed in coupons to each recipient·
"(D) when practicable, the impact on the nutritional status
of recipients by determining the change in consumption of fresh
fruits and vegetables by recipients;
"(E) the effects of the program on the use of farmers' markets
and the marketing of agricultural products at such markets
and when practicable, the effects of the program on recipients'
awareness regarding farmers' markets; and
"(F) any other information determined to be necessary by
the Secretary.
"(9)(A) The Secretary shall submit to the Committee on Education and
Labor and the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a compilation of the information collected
under paragraph (8).
"(B) The compilation required by subparagraph (A) shall be submitted on or before April 1, 1994.
"(10)(A) There are authorized to be appropriated to carry out
this subsection $3,000,000 for fiscal year 1992, $6,500,000 for fiscal
year 1993, and $8,000,000 for fiscal year 1994.
"(B)(i)(I) Except as provided in subclause (II), each State shall
return to the Secretary any funds made available to the State that
are unobligated at the end of the fiscal year for which the funds
were originally allocated. The unexpended funds shall be returned to
the Secretary by February 1st of the following fiscal year.
"(II) Notwithstanding any other provision of this subsection, a
total of not more than 5 percent of funds made available to a State
for any fiscal year may be expended by the State to reimburse
expenses incurred for a program assisted under this subsection
during the preceding fiscal year or may be retained by the State
to reimburse expenses expected to be incurred for such a program
during the succeeding fiscal year.
"(ji) The Secretary shall establish procedures to reallocate funds
that are returned under clause (i). Funds that remain unexpended
at the end of any demonstration project authorized by this sub- section
(as it existed on September 30, 1991) shall be reallocated in a
similar manner.
"(11) For purposes of this subsection:
"(A) The term 'coupon' means a coupon, voucher, or other
negotiable financial instrument by which benefits under this
section are transferred.
"(B) The term 'program' means"(i) the State farmers' market coupon nutrition program
authorized by this subsection (as it existed on September 30, 1991); or
"(ii) the farmers' market nutrition program authorized
by this subsection.
"(C) The term 'recipient' means a person or household, as
determined by the State, who is chosen by a State to receive

PUBLIC LAW 102-314-JULY 2, 1992

106 STAT. 285

benefits under this subsection, or who is on a waiting list to
receive such benefits.
"(D) The term 'State agency' has the meaning provided in
subsection (bX13), except that the term also includes the agriculture department of each State.".
SEC.4.EFFECTIVEDATE.

The amendment made by section 3 shall be effective as of
October 1, 1991.
Approved July 2, 1992.

LEGISLATIVE HISTORY-H.R. 3711:
HOUSE REPORTS: No. 102-540, Pt. I (Comm. on Education and Labor) and
Pt. 2 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 138 (1992):
June 22,considered and passed House.
June 23, considered and passed Senate.

42 USC 1786

note.