|DATE:||July 13, 2004|
|MEMO CODE:||FMNP Policy Memorandum: #2004-1|
|SUBJECT:||Implementation of PL 108-265|
Supplemental Food Programs
This policy memorandum authorizes the implementation of the nondiscretionary WIC Farmers' Market Nutrition Program (FMNP) provisions as contained in PL 108-265, the Child Nutrition and WIC Reauthorization Act of 2004, enacted on June 30, 2004. The new law requires the Department to issue guidance to implement certain provisions as soon as possible following enactment of the law.
As you know, this law reauthorizes the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) and the FMNP through Sept. 30, 2009, and establishes several new provisions designed to improve the nutrition of participants and the integrity of the programs. Attached for your use and information is a copy of the FMNP provisions in the new law. The three FMNP provisions addressed in the law include: roadside stands, state matching funds, and the Federal benefit level.
PL 108-265 provides state agencies the option to authorize roadside stands. As set forth in the law, this provision is effective Oct. 1, 2004. As a result of the new law, authorization of farmstands or roadside stands will no longer be limited to situations where recipient access to farmers' markets is an issue, nor will prior FNS approval be necessary.
State Matching Funds
The new law requires state agencies to match 30 percent of the administrative cost of the program. As set forth in the law, this provision is effective October 1, 2004. Therefore, state agencies will no longer be required to match 30 percent of the total cost of the program, which includes administrative and food costs.
Federal Benefit Level
PL 108-265 increases the maximum benefit level to $30. As set forth in the law, this provision is effective June 30, 2004. Previously, the maximum Federal benefit level was $20.
The fiscal year 2005 FMNP State Plan Guidance will reflect these changes. In addition, we will codify these requirements in a final rulemaking.
PATRICIA N. DANIELS
Supplemental Food Programs Division