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Oregon Bulletin

July 1, 2012

Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: Oregon Farm Direct Nutrition Program.

Adm. Order No.: PH 8-2012(Temp)

Filed with Sec. of State: 6-11-2012

Certified to be Effective: 6-11-12 thru 12-7-12

Notice Publication Date:

Rules Adopted: 333-052-0041, 333-052-0042

Rules Amended: 333-052-0030, 333-052-0040, 333-052-0100

Subject: The Oregon Health Authority, Public Health Division is proposing to temporarily amend and adopt rules in OAR chapter 333, division 52 to incorporate the eligibility and benefit requirements of individuals participating in the Oregon Farm Direct Nutrition Program. The addition of these requirements limits potential program liability should an individual dispute benefit distribution.

Rules Coordinator: Brittany Sande—(971) 673-1291

333-052-0030

Program Overview

(1) The purpose of the Oregon Farm Direct Nutrition Program (Oregon FDNP) is to:

(a) Provide locally grown, fresh, nutritious, unprepared fruits and vegetables to women, infants over five months of age, and children, who participate in the special supplemental nutrition program for women, infants, and children (WIC) and to low income seniors; and

(b) Expand the awareness and use of farmers’ markets and farm stands where consumers can buy directly from the farmer.

(2) The Oregon FDNP is administered by the Oregon Health Authority (Authority) in partnership with the Oregon Department of Agriculture.

Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500
Hist.: PH 10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 8-2012(Temp), f. & cert. ef. 6-11-12 thru 12-7-12

333-052-0040

Definitions

(1) “Adequate Participant Access” means there are authorized farmers sufficient for participant need.

(2) “Agreement” means a written legal document binding the market or farmer and the Authority to designated terms and conditions.

(3) “Authority” means the Oregon Health Authority.

(4) “Authorized” or “authorization” means an eligible farmer or farmers’ market has met the selection criteria and signed an agreement with the Authority allowing participation in FDNP, and is not currently disqualified.

(5) “Check” means a negotiable financial instrument by which FDNP benefits are provided to participants.

(6) “CMP” means a civil money penalty.

(7) “Countable” means that an available asset (either income or a resource) is not excluded and may be considered by some programs to determine eligibility.

(8) “Disqualification” means the act of terminating the agreement of an authorized farmers’ market, or farmer from the FDNP for noncompliance with program requirements.

(9) “Eligible foods” means fresh, nutritious, unprepared, locally grown fruits and vegetables and culinary herbs for human consumption. Eligible foods may not be processed or prepared beyond their natural state except for usual harvesting and cleaning processes. For example, checks cannot be used for honey, maple syrup, cider, nuts, seeds, plants, eggs, meat, cheese and seafood.

(10) “Farm Direct Nutrition Program” or “FDNP” means the Oregon Farm Direct Nutrition Program (Oregon FDNP), which is comprised of the collective Senior Farm Direct Nutrition Program and WIC Farm Direct Nutrition Program, regulated by the United States Department of Agriculture, Food and Nutrition Services and administered by the State of Oregon.

(11) “Farmer” means an individual who owns, leases, rents or sharecrops land to grow, cultivate or harvest crops on that land.

(12) “Farmers’ Market” means a group of five or more farmers who assemble over the course of a year at a defined location for the purpose of selling their eligible produce directly to consumers.

(13) “Farm Stand” means a location at which a farmer sells produce directly to consumers.

(14) “FDNP Participant” or “participant” means a senior participant or a WIC participant receiving FDNP benefits.

(15) “Fine” means a monetary penalty imposed against the farmer for non-compliance of FDNP rules.

(16) “Locally grown” means grown in the state of Oregon or in the following counties of a contiguous state: California — Del Norte, Modoc, Siskiyou; Idaho — Adams, Canyon, Idaho, Owyhee, Payette, Washington; Nevada — Humboldt, Washoe; Washington — Asotin, Benton, Clark, Columbia, Cowlitz, Garfield, Klickitat, Pacific, Skamania, Wahkiakum, Walla Walla.

(17) “Local WIC agency” means the agency or clinic where a WIC participant receives WIC services and benefits.

(18) “Market” means a farmers’ market that has a signed agreement with the Authority to participate in the FDNP.

(19) “Market Coordinator” means an individual designated by the farmers’ market manager (or market board members) responsible for overseeing the market’s participation in the FDNP.

(20) “Market Season” means the time period in which FDNP checks may be transacted as determined by the Authority.

(21) “Senior Farm Direct Nutrition Program (SFDNP)” means the Senior Farmers’ Market Nutrition Program funded by the USDA that provides senior participants with checks that can be used to buy eligible foods from an authorized farmer.

(22) “Senior Participant” means an individual who is over 60 years of age, meets all the eligibility components of the program and who receives SFDNP checks.

(23) “Trafficking” means the buying or exchanging of FDNP checks for cash, drugs, firearms or alcohol.

(24) “USDA” means the United States Department of Agriculture.

(25) “Validating” means stamping the FDNP check in the designated box with the farmer identification number using the stamp provided by the Authority.

(26) “Violation” means an activity that is prohibited by OAR 333-052-0030 through 333-052-0090 and classified in 333-052-0080 through 333-052-0130.

(27) “WIC” or “WIC program” means the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized by Section 17 of the Federal Child Nutrition Act of 1966, as amended, 42 U.S.C. § 1786.

(28) “WIC Farm Direct Nutrition Program (WIC FDNP)” means the Farmers’ Market Nutrition Program funded by the USDA that provides WIC participants with checks that can be used to buy eligible foods from an authorized farmer.

(29) “WIC participant” means any pregnant, breastfeeding, or postpartum woman, infant, or child who meets all of the eligibility components of the WIC FDNP and receives WIC FDNP checks.

Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500
Hist.: PH 10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 8-2012(Temp), f. & cert. ef. 6-11-12 thru 12-7-12

333-052-0041

Senior Participant Eligibility and Benefits

(1) An individual is eligible for the Senior Farm Direct Nutrition Program (SFDNP) if the individual meets all of the following eligibility criteria on April 1 of the calendar year in which benefits are sought:

(a) Has countable income less than 135 percent of the Federal Poverty Level as listed in OAR 461-155-0295;

(b) Receives Medicaid or SNAP benefits;

(c) Is homeless or resides in their own home or rental property; and

(d) Is age 60 or older.

(2) SFDNP benefits are limited and benefits will be distributed in an equitable manner but may not be distributed to all individuals who are eligible.

(3) The Authority shall inform eligible seniors each year of the available benefits and how the benefits will be distributed.

(4) SFDNP benefits are valid from June 1 through October 31 each year.

(5) Lost or stolen SFDNP benefits will not be replaced.

(6) An individual who does not receive a benefit in any given year due to lack of sufficient funding to provide SFDNP benefits to all eligible seniors is not entitled to hearing rights.

Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500
Hist.: PH 8-2012(Temp), f. & cert. ef. 6-11-12 thru 12-7-12

333-052-0042

WIC Participant Eligibility and Benefits

(1) An individual is eligible for WIC Farm Direct Nutrition Program (WIC FDNP) if the individual meets all of the following eligibility criteria on May 1 of the calendar year in which FDNP benefits are distributed:

(a) Is currently receiving benefits under the WIC Program; and

(b) Belongs to any of the eligible WIC categories for the calendar year in which WIC FDNP benefits are distributed.

(2) WIC FDNP benefits are limited and benefits will be distributed in an equitable manner within participating local agencies but may not be distributed to all individuals who are eligible.

(3) The Authority will determine a standard benefit package per eligible individual and per family each year.

(4) WIC FDNP benefits will only be issued to the participant/caretaker in a face-to-face contact from the local agency where WIC benefits are received, and the participant/caretaker must receive a FDNP orientation when receiving checks for the first time in the current year.

(5) WIC FDNP benefits are valid from June 1 through October 31 each year.

(6) Lost or stolen WIC FDNP benefits will not be replaced.

(7) Individuals who are denied WIC FDNP benefits may appeal the denial, but shall not receive WIC FDNP benefits while awaiting the decision.

(8) WIC participants whose WIC FDNP benefits are terminated may appeal the termination of benefits and shall continue to receive WIC FDNP benefits until the hearing official reaches a decision or the expiration of the current FDNP season, whichever occurs first.

Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500
Hist.: PH 8-2012(Temp), f. & cert. ef. 6-11-12 thru 12-7-12

333-052-0100

Oregon Health Authority Responsibilities

The Authority must:

(1) Administer the Oregon Farm Direct Nutrition Program in accordance with 7 CFR 248 (Farmers’ Market Nutrition Program) and 7 CFR 249 (Senior Farmers’ Market Nutrition Program).

(2) Distribute or facilitate distribution of FDNP checks to participants.

(3) Assure payment to farmers for properly redeemed FDNP checks.

(4) Assure that training is provided to new market managers and farmers who are new to the FDNP.

(5) Assure that “Oregon Farm Direct Nutrition Checks Welcome Here” signs are provided to all authorized farmers.

(6) Monitor authorized farmers and markets for compliance with FDNP rules and agreements, and if necessary, impose sanctions.

Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500
Hist.: PH 10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 8-2012(Temp), f. & cert. ef. 6-11-12 thru 12-7-12


 

Rule Caption: Clean-up of outdated rules that are no longer needed by the Public Health Division.

Adm. Order No.: PH 9-2012

Filed with Sec. of State: 6-11-2012

Certified to be Effective: 6-11-12

Notice Publication Date: 5-1-2012

Rules Amended: 333-013-0004

Rules Repealed: 333-010-0340, 333-012-0002, 333-012-0003, 333-012-0004, 333-012-0010, 333-012-0035, 333-012-0040, 333-012-0041, 333-012-0043, 333-012-0045, 333-013-0001, 333-013-0100, 333-021-0150, 333-021-0500, 333-021-0600

Subject: The Oregon Health Authority, Public Health Division is permanently repealing Oregon Administrative Rules in chapter 333, divisions 10, 12, 13, and 21. Various rules in these divisions are outdated and/or pertain to programs that the Public Health Division no longer administers. In addition to the proposed repeals, OAR 333-013-0004 is being permanently amended to remove outdated language referencing OARs that have been repealed previously. This rulemaking is being done to clean-up chapter 333 rules and remove outdated language that is no longer needed.

Rules Coordinator: Brittany Sande—(971) 673-1291

333-013-0004

Definitions

The term “Blood” as used in ORS 813.010 and 813.160 means any of the following:

(1) “Plasma” means the liquid portion of blood including the clotting factors, prepared by mechanical separation of the liquid from cellular components after the inhibition of the clotting process.

(2) “Serum” means the liquid portion of blood minus the clotting factors, prepared by separation of the liquid from the clot upon completion of the clotting process.

(3) “Whole Blood” means the fluid that circulates through the heart, arteries and veins; composed of cellular and liquid components.

Stat. Auth.: ORS 813.160
Stats. Implemented: ORS 813.010 & 813.160
Hist.: HD 27-1988, f. & cert. ef. 12-7-88; HD 8-1989, f. & cert. ef. 9-21-89; PH 9-2012, f. & cert. ef. 6-11-12

 

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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