Or. Admin. Code § 333-052-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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 farmer and the Oregon Health Authority (Authority) to designated terms and conditions.

(3) "Authority" means the Oregon Health Authority.

(4) "Authorized" or "authorization" means an eligible farmer has met the selection criteria and signed an agreement with the Authority allowing participation in Farm Direct and is not currently disqualified.

(5) "Civil money penalty" means a monetary penalty imposed against the farmer for noncompliance of the Oregon Farm Direct Nutrition Program (Program) rules.

(6) "Disqualification" means the act of terminating the agreement of an authorized farmer from the Program for noncompliance with Program requirements.

(7) "Eligible foods" means fresh, nutritious, unprepared, locally grown fruits and vegetables and cut culinary herbs for human consumption. Eligible foods does not include foods processed or prepared beyond their natural state except for usual harvesting and cleaning processes.

(8) "Farm Direct Nutrition Program" or "Farm Direct" or "Program" means the Oregon Farm Direct Nutrition Program which is composed of the collective Senior Farm Direct Nutrition Program and WIC Farm Direct Nutrition Program, regulated by the United States Department of Agriculture (USDA), Food and Nutrition Service and administered by the State of Oregon.

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

(10) "Farmers market" for the purposes of Farm Direct, means a group of producers, including farmers who grow fruits, vegetables, or culinary herbs, who assemble over the course of a year at a defined location for the purpose of selling their produce directly to consumers.

(11) "Farm stand" means a location at which a single farmer sells produce directly to consumers.

(12) "Improperly transacted" means any submission not in accordance with Program rules or the agreement.

(13) "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, Nez Perce, Owyhee, Payette, Washington; Nevada - Humboldt, Washoe; Washington state - Asotin, Benton, Clark, Columbia, Cowlitz, Garfield, Klickitat, Pacific, Skamania, Wahkiakum, Walla Walla.

(14) "Local WIC agency" means the agency or clinic where a WIC participant receives WIC services and benefits.

(15) "Local WIC agency staff" means any local WIC agency staff authorized to issue Farm Direct benefits.

(16) "Market" means a farmers market.

(17) "Market season" means the time period in which Farm Direct vouchers may be transacted as determined by the Authority.

(18) "Participant" means a senior participant or a WIC participant receiving Program benefits.

(19) "Program rules" means OAR 333-052-0030 through 333-052-0130.

(20) "Senior Farm Direct Nutrition Program" means the Senior Farmers' Market Nutrition Program funded by USDA that provides senior participants with vouchers that can be used to buy eligible foods from an authorized farmer.

(21) "Senior participant" means an individual who meets all the eligibility components of the Farm Direct program and who receives Farm Direct vouchers.

(22) "SNAP" means the Supplemental Nutrition Assistance Program of the Food and Nutrition Service of the United States Department of Agriculture.

(23) "Trafficking" means the buying or exchanging of a Farm Direct voucher for cash, drugs, firearms, alcohol, or any other ineligible item.

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

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

(26) "Voucher" means a negotiable financial instrument by which Farm Direct benefits are provided to participants.

(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" means the Farmers' Market Nutrition Program funded by USDA that provides WIC participants with vouchers that can be used to buy eligible foods from an authorized farmer.

(29) "WIC participant" means an individual who meets all the eligibility components of WIC Farm Direct and receives Farm Direct vouchers.

Or. Admin. Code § 333-052-0040

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; Reverted to PH 11-2011, f. & cert. ef. 10-27-11; PH 15-2012, f. & cert. ef. 12-20-12; PH 4-2014, f. & cert. ef. 1-30-14; PH 24-2015, f. 12-8-15, cert. ef. 1/1/2016; PH 53-2020, amend filed 06/01/2020, effective 6/1/2020; PH 15-2023, temporary amend filed 03/31/2023, effective 4/1/2023through 9/27/2023; PH 46-2023, amend filed 09/26/2023, effective 9/28/2023; PH 45-2024, amend filed 05/13/2024, effective 5/28/2024

Statutory/Other Authority: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249

Statutes/Other Implemented: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249