208.285.  Farmers' market nutrition program, department to apply for grants — vouchers for fresh produce — rulemaking authority. — 1.  The department of agriculture shall apply for a grant under the United States Department of Agriculture's Senior Farmers' Market Nutrition Program and apply for a grant and submit a state plan under the United States Department of Agriculture's Women, Infants, and Children (WIC) Farmers' Market Nutrition Program to provide low-income seniors and pregnant and postpartum women, infants, and children under five years of age who are found to be at nutritional risk with vouchers or other approved and acceptable methods of payment including, but not limited to, electronic cards that may be used to purchase eligible foods at farmers' markets.

  2.  There is hereby established the "Missouri Farmers' Market Nutrition Program" within the department of agriculture.  Upon receipt of any grant moneys under subsection 1 of this section, the program shall supply Missouri-grown, fresh produce to participants through the distribution of vouchers or other approved methods of payment that may be used only at designated Missouri farmers' markets.  The program is designed to provide a supplemental source of fresh produce for the dietary needs of low-income seniors and pregnant and postpartum women, infants, and children under five years of age who are found to be at nutritional risk; to stimulate an increased demand for Missouri-grown produce at farmers' markets; and to develop new and additional farmers' markets.

  3.  Eligible seniors and pregnant and postpartum women, infants, and children under five years of age who are found to be at nutritional risk shall receive farmers' market nutrition program vouchers or other approved methods of payment from designated distribution sites in their county of residence or a neighboring county.  Upon the issuance of vouchers or other approved methods of payment, participants shall be provided with a list of participating farmers and farmers' markets.

  4.  For purposes of this section, "participant" means a person who is sixty years of age or older at the time of application and who meets the income eligibility criteria based on guidelines published annually by the United States Department of Agriculture or a person who participates in the women, infants, and children (WIC) special supplemental nutrition program administered by the department of health and senior services.

  5.  The department of agriculture and any other state department, state or local government agency, or nonprofit entity participating in the Missouri farmers' market nutrition program shall cooperate as necessary including, but not limited to, entering into written agreements in order to effectively establish and maintain the United States Department of Agriculture's Senior Farmers' Market and the Women, Infants, and Children (WIC) Farmers' Market Nutrition Programs.

  6.  The department may promulgate rules to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2018, shall be invalid and void.