OAR 333-052-0090
Market Participation Requirements, Violations and Sanctions

(1) An authorized market must:
(a) Comply with FDNP requirements contained in 7 CFR 248 and 7 CFR 249, FDNP rules, and the terms and conditions of the market application and the market agreement;
(b) Ensure that an authorized FDNP farmer is present at the market during all market hours of operation;
(c) Accept training on FDNP procedures and provide such training to market staff including volunteers on behalf of the Authority;
(d) Cooperate in the Authority investigations of authorized farmers who:
(A) Redeem checks for ineligible foods;
(B) Charge FDNP customers higher prices than other customers;
(C) Accept checks outside the Authority determined market season;
(D) Give change for food purchased with FDNP checks (providing change);
(E) May not meet the definitions of “eligible farmer;” and
(F) Abuse any other program procedures.
(e) Comply with all state or federal laws regarding non-discrimination, and applicable USDA instructions to ensure that no individual will, on the grounds of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA, be excluded from participation, be denied benefits, or be otherwise subjected to discrimination, under the FDNP;
(f) Cooperate with staff from the Authority or their designees in monitoring for compliance with program requirements and provide information required to be submitted by the Authority or their designees may require; and
(g) Respond to requests, implement corrective action, and comply with the terms in final orders as directed by the Authority.
(2) A market is in violation of the FDNP rules if the market fails to:
(a) Ensure that an authorized farmer is present at the market during all market hours of operation;
(b) Accept training on FDNP procedures and provide such training to market staff including volunteers on behalf of the Authority;
(c) Cooperate in the Authority investigations of authorized farmers;
(d) Comply with all state or federal laws regarding non-discrimination, and applicable USDA instructions to ensure that no individual will, on the grounds of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA, be excluded from participation, be denied benefits, or be otherwise subjected to discrimination, under the FDNP;
(e) Cooperate with staff from the Authority their designees in monitoring for compliance with program requirements and provide information that the Authority or their designees may require;
(f) Notify the Authority when and if the market ceases operation prior to the end of the authorization period;
(g) Be accountable for the actions of market staff, including volunteers, in the provision of foods and related activities; and
(h) Respond to requests, implement corrective action, and comply with the terms in final orders as directed by the Authority.
(3) Market sanctions:
(a) The Authority may issue a notice of non-compliance to an authorized market for an initial incident of failing to:
(A) Ensure that an authorized farmer is present at the market during all market hours of operations;
(B) Accept training on FDNP procedures and provide such training to market staff including volunteers on behalf of the Authority;
(C) Cooperate in the Authority investigations of authorized farmers;
(D) Cooperate with staff from the Authority or their designees in monitoring for compliance with program requirements and provide information that the Authority or their designees may require; and
(E) Respond to requests, implement corrective action, and comply with the terms in final orders as directed by the Authority.
(b) A market may not be authorized the following year if, within the current season, there is a second or subsequent occurrence of failing to:
(A) Ensure that an authorized farmer is present at the market during all market hours of operations;
(B) Accept training on FDNP procedures and provide such training to market staff including volunteers on behalf of the Authority;
(C) Cooperate in the Authority investigations of authorized farmers;
(D) Cooperate with staff from the Authority or their designees in monitoring for compliance with program requirements and failing to provide information required to be submitted by the Authority or their designees; and
(E) Respond to requests, implement corrective action, and comply with the terms in final orders as directed by the Authority.
(c) The Authority may immediately disqualify a market from the FDNP program for the remainder of the current season and the entire following season for an initial incident of a USDA substantiated violation of laws regarding non-discrimination, and applicable USDA instructions.
(4) Markets who do not comply with FDNP requirements are subject to sanctions.
(a) The Authority must give written notice to a market of an action proposed to be taken against a market, not less than 30 days before the effective date of the action. The notice must state what action is being taken, the effective date of the action, and the procedure for requesting a hearing;
(b) A market that has been disqualified from the FDNP may reapply at the end of the disqualification period; and
(c) The Authority may accept a market’s voluntary withdrawal from the program as an alternative to disqualification. If a market chooses to withdraw in lieu of disqualification, the market may not apply for participation until the following year.
(5) A market that commits fraud or abuse of the FDNP is subject to prosecution under applicable federal, state or local laws.

Source: Rule 333-052-0090 — Market Participation Requirements, Violations and Sanctions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-052-0090.

Last Updated

Jun. 8, 2021

Rule 333-052-0090’s source at or​.us