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Implementation of PL 108-265

EO Guidance Document #
FNS Document #
FMNP 2004-1
Resource type
Policy Memos
Resource Materials
PDF Icon Policy Memo (187.49 KB)
DATE:July 13, 2004
MEMO CODE:FMNP Policy Memorandum: #2004-1
SUBJECT:Implementation of PL 108-265
TO:Regional Directors
Supplemental Food Programs
All Regions

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.

Roadside Stands

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 Oct. 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.

Supplemental Food Programs Division


Page updated: January 19, 2024

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.