BILL REQ. #:  S-1482.1 

READ FIRST TIME 02/10/05.   

     AN ACT Relating to expansion of farmers market nutrition programs; creating new sections; and making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The farmers market nutrition programs promote health, alleviate hunger, prevent obesity, and encourage the development of good eating habits by enabling low-income women to purchase locally grown fresh fruit and vegetables for themselves and their young children and low-income and homebound seniors to purchase locally grown fresh fruit and vegetables for themselves through farmers markets, congregate meals sites, and senior housing. Women and children in twenty-three counties and seniors in thirty-five counties of the state are presently able to participate in the program.
     (2) The farmers market nutrition programs support small farmers and rural economies through the promotion of Washington state agriculture. Farmers market nutrition programs increase sales of Washington grown fruits and vegetables, increase marketing opportunities for local farms, strengthen local economies and communities, preserve farmlands, reduce energy usage and pollutants, and promote collaboration among agriculture, health, and social service and food assistance programs.
     (3) Low-income women and children, low-income seniors, farmers markets, and agencies administering the farmers market nutrition programs will be denied the opportunity to participate in coming years because of cuts at the federal level and lack of sufficient state funds to continue current program levels.

NEW SECTION.  Sec. 2   (1) To qualify as a farmers market for purposes of this act, an entity must sponsor a regular assembly of vendors at a defined location for the purpose of promoting the sale of agricultural products grown or produced in this state directly to the consumer under conditions that meet the following minimum requirements:
     (a) There are at least five participating vendors who are farmers selling their own agricultural products;
     (b) The total combined gross annual sales of vendors who are farmers exceeds the total combined gross annual sales of vendors who are processors or resellers;
     (c) The total combined gross annual sales of vendors who are farmers, processors, or resellers exceeds the total combined gross annual sales of vendors who are not farmers, processors, or resellers;
     (d) The sale of imported items and secondhand items by any vendor is prohibited; and
     (e) The vendor may not be a franchisee unless the vendor is locally owned and operated. The vendor must be directly involved, on a regular basis, in the production of the product being sold in the market. Additionally, the vendor may not have an area development agreement or master franchise license for the franchise.
     (2) In addition to qualifying as a farmers market under subsection (1) of this section, the department of health may, by rule, develop criteria that allow additional farmers markets to participate in the program in this act.
     (3) The definitions in this subsection apply throughout this section.
     (a) "Farmer" means a natural person who sells, with or without processing, agricultural products that he or she raises on land he or she owns or leases in this state or in another state's county that borders this state.
     (b) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he or she owns or leases in this state or in another state's county that borders this state.
     (c) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly to the consumer.

NEW SECTION.  Sec. 3   During the 2005-2007 biennium, an additional four hundred thousand dollars from the general fund--state are appropriated to the department of health to maintain 2004 participation levels for the farmers market nutrition program for women, infants, and children. During the 2005-2007 biennium, seven hundred fifty thousand dollars from the general fund--state are appropriated to the department of social and health services to maintain 2004 participation levels for the senior farmers market nutrition program.