XVII. Penalties for Abuse

Farmers identified and documented as having abused the program will be sanctioned. A sanction schedule follows.

 Schedule of Program Abuses and Sanctions

Acceptance of FMNP checks for non-local fruits or vegetables

Offense Sanction / Duration Payment Withheld
1st Education / Training No
2nd Warning Yes
3rd Suspension / 60 days Yes
Additional Suspension / 1 year Yes

Acceptance of FMNP checks for food items other than fruits or vegetables

Offense Sanction / Duration Payment Withheld
1st Warning Yes
2nd Suspension / 60 days Yes
Additional Suspension / 1 year Yes

Charging the FMNP customer more than the price to the general public for the same food item

Offense Sanction / Duration Payment Withheld
1st Education / Training No
2nd Warning Yes
3rd Suspension / 60 days Yes
Additional Suspension / 1 year Yes

Exchange or refund of foods purchased with FMNP checks for cash, or non-FMNP eligible food, or other items

Offense Sanction / Duration Payment Withheld
1st Warning Yes
2nd Suspension / 60 days Yes
Additional Suspension / 1 year Yes

Acceptance of checks after the expiration date

Offense Sanction / Duration Payment Withheld
All Check payment refused Yes

Acceptance of checks for food not yet received (e.g., rain checks, IOU's)

Offense Sanction / Duration Payment Withheld
1st Suspension  60 days Yes
Additional Suspension / 1 year Yes

Acceptance of FMNP checks in exchange for cash or nonfood items from participant or from another farmer

Offense Sanction / Duration Payment Withheld
All Suspension / 1 Year Yes

Acceptance of FMNP checks without having a signed contract to participate in the program

Offense Sanction / Duration Payment Withheld
1st Check payment refused Yes
2nd Suspension / 1 year Yes

Refused State Agency representative reasonable access to market or roadside stand premises, personnel, redeemed checks on hand, or other records pertinent to the Program during business hours.

Offense Sanction / Duration Payment Withheld
1st Suspension / 60 days N/A
2nd Suspension / 1 year N/A

Failure to comply with Civil Rights Law (e.g., discrimination due to race, color, national origin, sex, gender identity, sexual orientation age, disability or reprisal)

Offense Sanction / Duration Payment Withheld
1st Suspension / 60 days N/A
2nd Suspension / 1 year N/A