OAR 333-054-0055: Farmer Violations and Sanctions

(1) A farmer is in violation if a farmer fails to comply with WIC program rules and the terms and conditions of the farmer application/agreement or fails to respond to requests, implement corrective action, or comply with the terms in final orders as directed by the Authority. (2) Farmer Sanctions: (a) The Authority may issue a written notification of non-compliance to an authorized farmer for an initial incident of: (A) Accepting CVBs for ineligible foods; (B) Failing to prominently display the official sign provided by the Authority, each market day when at authorized farmers’ markets or authorized farm stands; (C) Failing to provide WIC shoppers with the full amount of product for the value of each CVB; (D) Failing to ensure that WIC shoppers receive equitable treatment, including the availability of produce that is of the same quality and no greater price than sold to other shoppers; (E) Failing to reimburse the Authority for CVBs that are improperly transacted; (F) Charging sales tax on CVB purchases; (G) Seeking restitution from WIC shoppers or participants for CVBs not paid by the Authority; (H) Giving cash back for purchases less than the value of the CVB (providing change); (I) Accepting CVBs from an unauthorized farmer; (J) Failing to comply with WIC program rules and the terms and conditions of the farmer application/agreement; (K) Failing to respond to requests, implement corrective action, or comply with the terms in final orders as directed by the Authority; (L) Using CVBs for any purpose other than to deposit or cash them at the authorized farmer’s financial institution; or (M) Failing to cooperate with staff from the Authority, staff authorized to act on the Authority’s behalf or the Oregon Department of Agriculture in monitoring for compliance with program requirements and failing to provide information that the Authority or the Oregon Department of Agriculture may require. (b) The Authority may disqualify a farmer for six months for an initial incident of: (A) Providing credit in exchange for CVBs; or (B) Charging WIC shoppers higher prices than other shoppers. (c) The Authority may disqualify a farmer for six months, for second or subsequent incidents of: (A) Accepting CVBs for ineligible foods; (B) Failing to prominently display the official sign provided by the Authority, each market day when at authorized farmers’ markets or authorized farm stands; (C) Failing to provide WIC shoppers with the full amount of product for the value of each CVB; (D) Failing to ensure that WIC shoppers receive equitable treatment, including the availability of produce that is of the same quality and no greater price than sold to other shoppers; (E) Charging sales tax on CVB purchases; (F) Seeking restitution from WIC shoppers or participants for CVBs not paid by the Authority; (G) Using CVBs for any purpose other than deposit or cash at the authorized farmer’s financial institution; (H) Giving cash back for purchases less than the value of the CVB (providing change); (I) Accepting CVBs from an unauthorized farmer; or (J) Failing to respond to requests, implement corrective action, or comply with the terms in final orders as directed by the Authority. (d) The Authority may disqualify a farmer for one year following second or subsequent incidents of: (A) Providing credit in exchange for CVBs; (B) Charging WIC shoppers higher prices than other shoppers; (C) Failing to reimburse the Authority for CVBs that are improperly transacted; or (D) Failing to cooperate with staff from the Authority or the Oregon Department of Agriculture in monitoring for compliance with program requirements and failing to provide information required to be submitted by the Authority or the Oregon Department of Agriculture. (e) The Authority may immediately disqualify a farmer for three years for an incident of: (A) Trafficking in CVBs (exchanging checks for cash, controlled substances, tobacco products, firearms, or alcohol) in any amount; or (B) A USDA substantiated violation of laws regarding non-discrimination, and applicable USDA instructions.