2 Miss. Code. R. 1-2-07-117

Current through December 10, 2024
Section 2-1-2-07-117

Actions of a farmer and/or farmers' market which constitute violations of the Rules and Procedures governing the FMNP are divided into Class I and Class II violations.

1.Class I violations include:
a. Failure to display the Mississippi Farmers' Market Nutrition Program Poster.
b. Knowingly provide false information about the program to check recipients or others.
c. Accept checks for foods not solely grown by the farmer and not accounted for on the FMNP Application and Agreement.
d. Offensive behavior toward WIC/Senior recipients, and/or preventing any FMNP representative from conducting any monitoring visits (market or farm).
2.Class I violations will result in a verbal warning from MDAC to the violating farmer and applicable market manager and will be documented in the MDAC's file for that farmer and market. The farmer may be invited to explain the alleged violation; that response and/or any corrective actions taken will also be recorded. The second substantiated instance of a Class I violation during a season will constitute a Class II violation.
3.Class II violations will include the following:
a. Giving program participants cash change when the value of the participant's purchase is less than the value of the check(s) presented.
b. Cashing checks for customers or cashing checks under any circumstances, including checks accepted by an unauthorized, suspended or disqualified vendor at the market.
c. Accepting checks for non-food items or for any purchase other than eligible foods.
d. Accepting checks, or indicating willingness to accept checks by posting an authorized Mississippi FMNP poster at any site that is not authorized to accept checks or at a farmers' market or related site where the farmer is not currently authorized to participate.
e. Accepting checks after the expiration date.
f. Participating in the program while selling fruits or vegetables solely grown by someone other than the participating farmer.
g. Charging higher prices for check sales than for cash sales.
h. Discriminating against a recipient on the basis of race, color, national origin, gender, religion, age, or disability.
i. Continuing to participate in the program during a period of suspension or disqualification, including acceptance or evidence of intent to accept checks.
j. The second substantiated instance of a Class I violation during a season will constitute a Class II violation.
4.Class II violations by a farmer/ farmers' market shall result in suspension and/or probation for the remainder of the market period from the Miss. Farmers' Market Nutrition Program.

2 Miss. Code. R. 1-2-07-117

Miss. Code Ann. § 69-1-13.
Amended 6/5/2016