Before filling out an application to participate in the 2020 Maine Senior FarmShare Program, it is important that you read and understand the program policies and guidelines. Your signature on the Farmer Agreement Form obligates you to agree to and abide by all provisions of the program. Maine Department of Agriculture, Conservation & Forestry Maine Senior FarmShare Program Farmer Policies and Guidelines, Fiscal Year 2020
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Maine Department of Agriculture, Conservation & Forestry...not considered eligible foods. Potted fruit or vegetable plants, potted dried herbs, wild rice, nuts of any kind (even raw),
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Before filling out an application to participate in the 2020 Maine Senior FarmShare Program, it is important that you read and understand the program policies and guidelines. Your signature on the Farmer Agreement Form obligates you to agree to and abide by all provisions of the program.
Maine Department of Agriculture,
Conservation & Forestry Maine Senior FarmShare Program
Farmer Policies and Guidelines, Fiscal Year 2020
Maine Senior FarmShare Program Policies and Guidelines, Fiscal Year 2020
PAYMENTS TO FARMS .................................................................................................................................. 12
PROGRAM MONITORING .............................................................................................................................. 13
PROGRAM VIOLATIONS ................................................................................................................................ 13
Maine Senior FarmShare Program Policies and Guidelines, Fiscal Year 2020
2
INTRODUCTION The Senior Farmers’ Market Nutrition Program (SFMNP) awards grants to State, U.S. territories,
and federally recognized Indian tribal governments to provide low income seniors the
opportunity to receive eligible foods (fruits, vegetables, honey, and fresh-cut herbs) at farmers’
markets, roadside stands, and community supported agricultural programs.
In Maine the SFMNP is known as the Maine Senior FarmShare Program (MSFP) administered by
the Maine Department of Agriculture, Conservation, and Forestry (DACF). Through the MSFP
local Maine farmers provide fresh, unprocessed, locally grown produce directly to low-income
seniors. Each participating senior receives $50 of produce referred to as a “share” during the
growing season. Farmers are prepaid in advance for the produce they commit to provide later in
the season for each eligible senior who signs up with their farm.
TERMS, DEFINITIONS & ACRONYMS AAA means Area Agency on Aging
CAP means Corrective Action Plan
Code of Federal Regulation (CFR) Contains the regulations governing all federal programs.
Community supported agriculture (CSA) program means a program under which a farmer or
group of farmers grows food for a group of shareholders (or subscribers) who pledge to buy a
portion of the farmer’s crop(s) for that season.
Department of Agriculture, Conservation, and Forestry (DACF). The State agency that
administers the Maine Senior FarmShare Program.
Eligible Foods means fresh, nutritious, unprepared, locally grown fruits, vegetables, honey, and
herbs for human consumption. Eligible foods may not be processed or prepared beyond their
natural state except for usual harvesting and cleaning processes. Dried fruits or vegetables, such
as prunes (dried plums), raisons (dried grapes), sun-dried tomatoes, or dried chili peppers are
not considered eligible foods. Potted fruit or vegetable plants, potted dried herbs, wild rice, nuts
of any kind (even raw), maple syrup, cider, seeds, eggs, meat, cheese and seafood are also not
eligible foods for purposes of the SFMNP.
Family means a group of related or nonrelated individuals who are living together as one
economic unit, except that residents of a homeless facility or an institution shall not all be
considered as members of a single family.
Farmer means an individual authorized to sell eligible foods at participating farmers’ markets
and/or roadside stands, and through CSA’s. Individuals who exclusively sell produce grown by
someone else, such as wholesale distributors, cannot be authorized to participate in the SFMNP.
Farmers’ Market means an association of local farmers who assemble at a defined location for
the purpose of selling their produce directly to consumers.
Maine Senior FarmShare Program Policies and Guidelines, Fiscal Year 2020
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Farm / Roadside Stand means is a location dedicated to the sale of a grower’s produce and
goods to the public that is under the ownership of one grower, a partnership of growers, or a
not-for-profit cooperative.
FNS means the Food and Nutrition Service of the U.S. Department of Agriculture.
Food costs means the cost of eligible foods purchased at authorized farmers’ markets, roadside
stands, and/or CSA programs.
FY means Fiscal year, a period of 12 calendar months used for accounting and reporting
purposes. The FY for SFMNP is October 1 to September 30.
Household means a group of related or nonrelated individuals who are living together as one
economic unit.
Locally grown means grown within the State of Maine.
MSFP means Maine Senior FarmShare Program
Participant means a person or household who meets the eligibility requirements of the SFMNP
and to whom benefits have been issued.
Proxy means an individual authorized by an eligible senior to act on the senior’s behalf, including
application for certification, receipt of SFMNP benefits and/or acceptance of SFMNP foods
provided through a CSA program, as long as the benefits are ultimately received by the eligible
senior. The terms proxy and authorized representative may be used interchangeably for the
purposes of this program to make purchases for a participant.
Roadside stand means a location at which an individual farmer sells his/her produce directly to
consumers. This is in contrast to a group or association of farmers selling their produce at a
farmers’ market or through a CSA program. The term roadside stand may be used
interchangeably with the term farmstand.
Senior means an individual 60 years of age or older. (55 years of age or older for Native
Americans)
SFMNP means Senior Farmers’ Market Nutrition Program
Share in the Maine Senior FarmShare Program means $50 of eligible food (at market price)
during the growing season.
Shareholder means a SFMNP participant for whom a full share in a community supported
agriculture program has been purchased by the MSFP, and who receives SFMNP benefits in the
form of actual eligible foods.
USDA means United States Department of Agriculture
Maine Senior FarmShare Program Policies and Guidelines, Fiscal Year 2020
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PARTICIPANT ELIGIBILITY
Authority - 7 CFR §249.6(a)
1. To qualify for the Maine Senior FarmShare Program applicants must be a Maine
resident.
2. Applicants must not be less than 60 years of age (must not be less than 55 years of age if
Native American).
3. Applicants must have a total income (including all pensions, social security and other
payments) of no more than 185% of the poverty level.
2019 - 2020 Income Eligibility Guidelines
SFMNP income eligibility guidelines are effective from July 1, 2019 to June 30, 2020.
The outlined number below refers to the household size (# of people residing in household). The household gross annual income must be below the dollar amount after each outlined number of household size to be income eligible. Income of all members in the household must be counted towards meeting income eligibility guidelines.
All Maine Senior FarmShare Program (MSFP) applicants and/or participants have a right to
file a complaint alleging discrimination based on race, color, national origin, age, sex,
disability, or reprisal or retaliation for prior civil rights activity in any program or activity
conducted or funded by USDA, within 180 days of the alleged discriminatory action. Refer
to the Non-Discrimination Statement found on page 16 in the Farmer Policies and
Guidelines under “Civil Rights Compliance” for instructions on how to file a complaint. If
you receive a completed complaint form from an applicant and/or participant, you must:
1. Mail it within three (3) calendar days directly to:
USDA
Office of the Assistant Secretary for Civil Rights
1400 Independence Ave, SW, Stop 9410
Washington, D.C. 20250-9410
2. Notify the MSFP manager within five (5) calendar days that you received the
complaint and have mailed it to the USDA.
If you receive a verbal complaint from an applicant and/or participant, direct the
complainant to the Nondiscrimination Statement, and please send the following
information to the Maine Senior FarmShare Program Manager within five (5) days of
receiving the complaint:
1. Name, address, and telephone number of the complainant;
2. The location and name of the organization or office where the alleged incident
occurred;
3. The nature of the incident or action;
4. The names, titles, and business addresses of persons who may have knowledge of the
discriminatory action(s);
5. The date(s) during which the alleged discriminatory actions occurred; and
6. The basis for the alleged discrimination.
It is critical that the complaint process be followed closely to assure compliance with
federal regulations. All farm staff must be educated on procedures for processing
allegations of discrimination.
Appendix_A_Civil Rights Fiscal Year 2020 Page 5
CIVIL RIGHTS TRAINING
Participating farms are required to have Civil Rights Training annually. Farmers will be
informed of and updated on their obligations under Civil Rights laws and regulations.
Topics covered:
✓ Collection and use of data
✓ Effective public notification systems
✓ Compliant procedures
✓ Compliance review techniques
✓ Resolution of noncompliance
✓ Requirements for reasonable accommodation of persons with disabilities
✓ Requirements for language assistance
✓ Conflict resolution
✓ Customer service
In order to assure Civil Rights compliance with all laws and regulations, The Maine Senior
FarmShare Program will conduct a compliance review as part of the monitoring visit.
DATA COLLECTION AND REPORTING
USDA mandates the Maine Senior FarmShare Program collect racial and ethnic
participant data as a means of determining how effectively FNS programs are reaching
potential eligible persons and beneficiaries and identifying areas where additional
outreach is needed. Participating farmers need to collect data on each
applicant/participant’s race and ethnicity at the time of certification for this purpose.
Farmers must first ask applicants/participants to self-identify their racial group and
ethnicity. If applicants/participants are uncertain, farmers may then use a visual
assessment to determine an applicant/participant’s racial/ethnic category. An
applicant/participant may be included in the group to which he/she appears to belong,
identifies with, or is regarded as belonging to, in the community. Make sure the
participant understands that the collection of this information is strictly for statistical
reporting requirements and has no effect on the determination of their eligibility to
participate in the program.
Appendix_A_Civil Rights Fiscal Year 2020 Page 6
LIMITED ENGLISH PROFICIENCY Maine Senior FarmShare Program must take reasonable steps to accommodate
applicants/participants who self-identify as having Limited English Proficiency (“LEP”), p.
Please contact the Program Manager if you require any materials to be translated.
Civil rights regulations prohibit discrimination in any program activity, so applicants and
participants cannot be required to bring a translator or interpreter in order to apply for
the Maine Senior FarmShare Program. If translators or translated materials for a specific
language is required, please contact the Maine Senior FarmShare Program.
NOTE: Before translating any materials, call the Maine Senior FarmShare Program
Manager.
VERIFICATION OF CITIZENSHIP OR IMMIGRATION STATUS
This issue should never give rise to discrimination.
ACCESSIBILITY
Participating farms must ensure physical accessibility for buildings and facilities,
particularly to persons in wheelchairs and with mobility disabilities.
CUSTOMER SERVICE
Treat all applicants and participants with dignity and respect.
CONFLICT RESOLUTION
If there are complaints that are not civil rights related, work to resolve them. If they are
civil rights related, please refer the customer to the Non-Discrimination Statement and
follow the referral policy.
Appendix_A_Civil Rights Fiscal Year 2020 Page 7
AMANDA E. BEAL COMMISSIONER
JANET T. MILLS GOVERNOR
STATE OF MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION & FORESTRY
AGRICULTURAL RESOURCE DEVELOPMENT 28 STATE HOUSE STATION
AUGUSTA, MAINE 04333-0028
Senior Farmers’ Market Nutrition Program Maine Senior FarmShare Program – Farmer Agreement Revised 10/18/2020
Maine Senior FarmShare Program (MSFP) – Senior Farmers’ Market Nutrition Program (SFMNP)
Farmer Agreement
This agreement is made between (farm business name): __________________________________________ in the city/town of _________________________, owned by: _______________________________________ (hereinafter Farmer) and the MSFP. The Farmer and the MSFP mutually agree to the terms and conditions contained in this agreement. Assigned Farmer ID: __________ The period of this Agreement is from April 1, 2020 to March 31, 2021. 1. The farmer agrees to the following general requirements during the term of the Agreement:
1.1. Maintain records in accordance with general accounting procedures; and assure that records reflecting justification and receipt of SFMNP funds and all other program-related records of the Farmer are available for inspection or audit by federal, state or other authorized personnel.
1.2. Cooperate with federal and state SFMNP and other authorized personnel during announced and unannounced on-site farmer evaluations, inspections and audits.
1.3. Provide the MSFP with purchase invoices from other farmers, when requested. 1.4. All funds received from the MSFP will only be used for planting of crops for SFMNP shareholders. 1.5. Notify the MSFP immediately if experiencing a problem with crops and may be unable to provide
SFMNP shareholders with the complete amount of eligible foods agreed upon. 1.6. Attend all mandatory trainings. 1.7. Be responsible for training all staff who handle SFMNP transactions and ensuring their knowledge
regarding SFMNP procedures and requirements. 1.8. Submit Senior FarmShare Agreement Forms in accordance with the procedures and other
requirements as outlined in the Farmer Policies and Guidelines. 1.9. Satisfy all claims for overpayments within the time requested. 1.10. Provide plans to the MSFP for correcting deficiencies detected in Farm Evaluations. 1.11. Comply with the civil rights requirements outlined in the Farmer Policies and Guidelines.
2. The Farmer agrees to the following operational requirements during the term of the Agreement: 2.1. Display a sign (provided by the MSFP) stating that the farmer is an authorized farm for the MSFP. 2.2. Keep all information of authorized SFMNP recipients confidential. 2.3. Provide SFMNP recipients products at prices that are competitive. 2.4. Ensure that prices charged to SFMNP recipients for approved foods are equal to or less than prices
charged to non-SFMNP customers. 2.5. Never publicly identify, call unnecessary attention to, or allow discourteous treatment of a SFMNP
recipient. 2.6. If desired, allow SFMNP recipients to purchase less than the value of the SFMNP benefit amount. If
the total price is more than the SFMNP benefit amount allow the SFMNP recipient to pay the difference.
2.7. Allow SFMNP recipients to take advantage of farmer promotions that provide foods free of charge when purchasing SFMNP foods.
2.8. Report any irregularities in the use of SFMNP benefit funds by SFMNP recipients to the MSFP.
Senior Farmers’ Market Nutrition Program Maine Senior FarmShare Program – Farmer Agreement Revised 10/18/2020
3. For transactions with SFMNP benefit funds: 3.1. Record each purchase on the Share Tracking Form provided by the MSFP (or another method for
share tracking approved by the Program Manager). 3.1.1. Each record must have:
3.1.1.1. Date of purchase; 3.1.1.2. Purchase amount; 3.1.1.3. Remaining benefit balance; and 3.1.1.4. SFMNP recipient (or authorized representative) initials.
4. This Agreement is non-transferable. Any transfer of ownership or sale of the business by the Farmer shall render the Agreement. The Agreement also shall be null and void if the Farmer ceases operations or leases the business. In the event of cessation of operations, the Farmer must notify the MSFP.
5. This Agreement is in effect for the time period stated only. An application must be submitted for consideration upon expiration of the current Agreement period. The Farmer’s renewal application will be subject to the MSFP’s farmer selection criteria in effect at the time of the reapplication.
6. The Agreement is subject to change in accordance with any changes in federal and state requirements governing the MSFP.
7. Both parties to the Agreement represent that there is no conflict of interest between the MSFP and the Farmer.
8. The Agreement may be terminated for cause by the MSFP, with fifteen (15) business days’ advance written notice. The farmer will be required to reapply for authorization, and the waiting period before reapplication will be one (1) year unless otherwise specified. The Farmer’s new application will be subject to the MSFP farmer selection criteria in effect at the time of the reapplication. Causes for termination include: 8.1. Failure to attend mandatory training. 8.2. Nonpayment of a claim for documented overcharges to the MSFP. 8.3. Intentionally providing false information. 8.4. Failure to allow monitoring and inspection of the premises and procedures to ensure compliance with
the Agreement and state and federal SFMNP rules, regulations and policies. Monitoring and inspection includes, but is not limited to, allowance of access to SFMNP Share Tracking Records and access to shelf price records and any other farmer records pertinent to the purchase of SFMNP food items.
8.5. Failure to maintain records in accordance with generally accepted accounting procedures; and to assure that records reflecting justification and receipt of SFMNP benefit funds and all other program-related records of the Farmer are available for inspection or audit by federal, state or other authorized personnel.
8.6. Failure to cooperate with federal and state SFMNP and other authorized personnel during announced and unannounced on-site farmer reviews, inspections and audits.
8.7. Failure to provide the MSFP with purchase invoices from other farmers, when requested. 8.8. Failure to maintain compliance with farmer selected criteria, including changes to selection criteria
made during the Farmer Agreement period. 8.9. Failure to train all staff who handle SFMNP transactions and ensuring their knowledge regarding the
SFMNP procedures and requirements. 8.10. The Farmer is disqualified for any reason.
9. The Farmer shall be held liable for the actions of all owners, officers, managers, agents, employees and personnel, paid or unpaid, who may be involved in SFMNP transactions at the farmer’s place(s) of business.
10. A farmer who commits fraud or abuse in the MSFP is liable to prosecution under applicable federal, state and local laws.
11. Neither the Farmer nor the MSFP has an obligation to renew the Farmer Agreement.
Senior Farmers’ Market Nutrition Program Maine Senior FarmShare Program – Farmer Agreement Revised 10/18/2020
I certify that as the owner, operator, manager, or other person(s) authorized to sign the MSFP Farmer
Agreement and, prior to signing that Agreement, I have carefully read the entire Agreement and the MSFP
Farmer Policies and Guidelines. I understand how the SFMNP works and all expectations of me set forth by
the MSFP. I understand that compliance with all policies, procedures and regulations of the MSFP is my
responsibility.
The (farm/business name): ___________________________________________ Farm ID: _____________ In the city/town of __________________________________, owned by: ____________________________ And the Maine Senior FarmShare Program mutually agree to the terms and conditions contained in this
Agreement for the period of April 1, 2020 to March 31, 2021. I understand that it is my responsibility as a farmer to obtain interpreter services if needed to help me
understand the terms of this Agreement and to comply with the policies, procedures and regulations of the
MSFP.
________________________________ ___________________________________ __________________ Farmer Print Name Farmer Signature Date
Do not write below this line DATE RECEIVED
APPROVED BY
DATE APPROVED
COMMENTS:
You may refer to Farmer Policies and Guidelines located in The Maine Senior FarmShare Program Information for Farmers
section on the state website: https://www.maine.gov/dacf/ard/senior_farm_share.shtml