Code Section Group

Food and Agricultural Code - FAC

DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49014]

  ( Division 17 enacted by Stats. 1967, Ch. 15. )

CHAPTER 13. Nutrition Incentive Matching Grant Program [49010 - 49016]
  ( Chapter 13 added by Stats. 2015, Ch. 442, Sec. 2. )

49010.
  

This chapter shall be known, and may be cited, as the California Nutrition Incentives Act.

(Added by Stats. 2015, Ch. 442, Sec. 2. (AB 1321) Effective January 1, 2016.)

49011.
  

The Nutrition Incentive Matching Grant Program is hereby established in the Office of Farm to Fork for purposes of encouraging the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California fresh fruit, nut, and vegetable producers with nutrition benefit clients.

(Added by Stats. 2015, Ch. 442, Sec. 2. (AB 1321) Effective January 1, 2016.)

49012.
  

For purposes of this chapter, the following definitions shall apply:

(a) “Consumer incentive program” means a program administered by a qualified entity that increases the purchasing value of a nutrition benefit client’s benefits when the benefits are used to purchase California fresh fruits, nuts, and vegetables.

(b) “Nutrition benefit client” means a person who receives services or payments through any of the following:

(1) California Special Supplemental Nutrition Program for Women, Infants, and Children, as described in Section 123280 of the Health and Safety Code.

(2) CalWORKs program, as described in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code.

(3) CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code.

(4) Implementation of the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314).

(5) The Senior Farmers’ Market Nutrition Program, as described in Section 3007 of Title 7 of the United States Code.

(6) Supplemental Security Income or State Supplementary Payment, as described in Section 1381 and following of Title 42 of the United States Code.

(c) “Qualified entity” means either of the following:

(1) A certified farmers’ market, as described in Section 47004, an association of certified producers, a community-supported agriculture program, as defined in Section 47060, a farm stand, as defined in Section 47050, or a nonprofit organization representing a collective or association of certified producers that is authorized by the United States Department of Agriculture to accept federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) benefits from recipient purchasers at a farmers’ market. Certified producers shall be certified by the county agricultural commissioner pursuant to Section 47020.

(2) A small business, as defined in Section 14837 of the Government Code, that sells California grown fresh fruits, nuts, and vegetables and that is authorized to accept nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b).

(Amended by Stats. 2018, Ch. 51, Sec. 2. (SB 854) Effective June 27, 2018.)

49013.
  

(a) The Nutrition Incentive Matching Grant Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal Food Insecurity Nutrition Incentive Grant Program (7 U.S.C. Sec. 7517), if available, and from other public and private sources, to provide grants under the Nutrition Incentive Matching Grant Program. The Nutrition Incentive Matching Grant Program shall provide grants upon the deposit of sufficient funds, including from a successful application of federal grant funding, if available, into the Nutrition Incentive Matching Grant Account.

(b) Notwithstanding any other law, the department may provide grant funds to a grantee in advance of the expenditure of funds by the grantee for implementation of the Nutrition Incentive Matching Grant Program, instead of in the form of a reimbursement after the expenditure of funds for that program, in an amount equal to or less than 50 percent of the grant amount provided in the grantee’s grant agreement pursuant to subdivision (a) and Section 49014, if both of the following conditions are met:

(1) The grantee has declared an operating budget of no more than five hundred thousand dollars ($500,000).

(2) The department makes a determination, based upon a request submitted by the grantee declaring hardship, that an advance payment is essential for the effective implementation of the Nutrition Incentive Matching Grant Program by the grantee.

(Amended by Stats. 2018, Ch. 51, Sec. 3. (SB 854) Effective June 27, 2018.)

49014.
  

The Nutrition Incentive Matching Grant Program shall be administered in accordance with all of the following:

(a) Subject to the regulations adopted by the National Institute of Food and Agriculture in the United States Department of Agriculture in accordance with the federal Agricultural Act of 2014 (Public Law 113-79), or any subsequent federal agricultural act, moneys in the Nutrition Incentive Matching Grant Account shall be awarded in the form of grants to qualified entities for consumer incentive programs.

(b) (1) The Office of Farm to Fork shall establish minimum standards, funding schedules, and procedures for awarding grants in consultation with the United States Department of Agriculture and other interested stakeholders, including, but not limited to, the State Department of Public Health, State Department of Social Services, organizations with expertise in nutrition benefit programs or consumer incentive programs, small business owners that may qualify as a qualified entity, and certified farmers’ market operators.

(2) The department shall not use more than one-third of the Nutrition Incentive Matching Grant Program funds for consumer incentive programs with qualified entities described in paragraph (2) of subdivision (c) of Section 49012 that are not otherwise qualified pursuant to paragraph (1) of that subdivision.

(c) The department shall give priority in awarding grants to qualified entities based on, but not limited to, the following:

(1) The service of an area of population currently not being served by a consumer incentive program.

(2) The degree of the existence of the following demographic conditions and the character of the communities in which sales of California grown fresh fruits, nuts, and vegetables are made to the public by authorized vendors operating in conjunction with a qualified entity:

(A) The number of people who are eligible for, or receiving, nutrition benefit program services.

(B) The prevalence of diabetes, obesity, and other diet-related illnesses.

(C) The availability of access to fresh fruits, nuts, and vegetables.

(3) Demonstrated efficiency in the administration of a consumer incentive program.

(Amended by Stats. 2018, Ch. 51, Sec. 4. (SB 854) Effective June 27, 2018.)

49015.
  

(a) For purposes of this section, the following definitions shall apply:

(1) “Corner store” means a small-scale store or grocery store, either an independent store or a chain store, that sells a limited selection of foods and other products, and that is located in a low-income area or low-access area in a rural, urban, or suburban area. “Corner store” includes, among others, stores that are not located on a corner and stores commonly referred to as convenience stores or neighborhood stores.

(2) “Low-access area” means a census tract in which there are significant barriers to accessing a supermarket or large grocery store, which may include, but is not limited to, a census tract with at least 500 persons or 33 percent of the population that lives more than one mile, for nonrural areas, or more than 10 miles, for rural areas, from a supermarket or large grocery store.

(3) “Low-income area” means a census tract in which the income of at least 20 percent of the population is at or below the federal poverty level by family size, or if the median family income of the population is at or below 80 percent of the median family income of surrounding census tracts.

(4) “Minimally processed prepared food” means food that has not been physically or chemically processed in a way that fundamentally alters the raw product, and food that has been processed only to separate the whole, intact food into component parts.

(5) “Qualified entity” means any of the following:

(A) A small business or corner store.

(B) A city, county, or city and county with representative low-income areas that contain small businesses or corner stores.

(C) A nonprofit entity that works with low-income populations or in low-income areas or low-access areas, and that would apply for grants on behalf of a small business or corner store or a collection of small businesses or corner stores or would sell California-grown fresh fruits, nuts, vegetables, and minimally processed prepared foods directly in low-income areas or low-access areas.

(6) “Recipient” means a small business, corner store, or nonprofit entity that is provided funds pursuant to subdivision (c).

(7) “Small business” means a small business, as defined in Section 14837 of the Government Code, that is authorized to accept nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 49012, and is located in a low-income area or low-access area.

(b) The Healthy Stores Refrigeration Grant Program shall be created in the department upon the appropriation of funds, including from a successful application of federal grant funding, if available, by the Legislature for purposes of the Healthy Stores Refrigeration Grant Program.

(c) (1) Upon an appropriation of funds as specified in subdivision (b), the department shall administer the Healthy Stores Refrigeration Grant Program and, pursuant to the program, award grants to qualified entities. If a city, county, or city and county is awarded a grant pursuant to this subdivision, it shall provide grant funds to applicant small businesses and corner stores that are located in low-income areas or low-access areas.

(2) When awarding grants, the department shall give priority based on, but not limited to, the prevalence of any of the following in the communities that would be served by the qualified entity:

(A) People who are eligible for, or are receiving, nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 49012.

(B) People with diabetes, obesity, or other diet-related illnesses.

(C) Low availability of and access to fresh fruits, nuts, and vegetables.

(3) When awarding grants, the department shall consider giving priority to qualified entities based on, but not limited to, demonstrated efficiency and capability in the administration of a consumer incentive program, as defined in subdivision (a) of Section 49012.

(4) The department may establish regulations, minimum standards, funding schedules, and procedures for awarding grants to qualified entities, and may adopt any other regulations to implement and administer the Healthy Stores Refrigeration Grant Program.

(d) A recipient shall be required to do all of the following:

(1) Use the grant funds provided pursuant to subdivision (c) to purchase an energy-efficient refrigeration unit or units.

(2) Stock the refrigeration unit or units purchased with Healthy Stores Refrigeration Grant Program grant funds with California-grown fresh fruits, nuts, vegetables, and minimally processed prepared foods.

(3) Offer for sale California-grown fresh fruits, nuts, vegetables, and minimally processed prepared foods.

(e) A recipient shall be subject to reporting and auditing requirements, as determined by the department.

(f) A city, county, city and county, or nonprofit entity that is awarded a grant pursuant to paragraph (1) of subdivision (c) may use up to 10 percent of Healthy Stores Refrigeration Grant Program grant funds for technical assistance.

(g) Sections 9 and 42971 do not apply for a violation of this section or any regulation adopted pursuant to paragraph (4) of subdivision (c).

(Amended by Stats. 2019, Ch. 31, Sec. 5. (SB 85) Effective June 27, 2019.)

49016.
  

The receipt of a grant under either program established in this chapter shall not preclude an entity from being eligible to receive a grant under the other program.

(Added by Stats. 2018, Ch. 51, Sec. 6. (SB 854) Effective June 27, 2018.)

FACFood and Agricultural Code - FAC