1. 1. A farm-to-school program is created. The program shall be controlled and administered by the department.
2. 2. The purpose of the program is to assist schools and school districts in purchasing food products derived from food commodities produced on a farm.
3. 3. The department shall reimburse a school or school district for expenditures incurred by the school or school district during the school year in which the school or school district is participating in the program to purchase food products derived from food commodities produced on a farm.
4. 4. A school or school district must apply each year to the department to participate in the program according to rules adopted by the department pursuant to chapter 17A.

5. 5. To be eligible to participate in the program, a school or school district must purchase a food product directly from a farm source as follows:

   1. a. The farm source must be any of the following:

      1. (1) A farm where a food commodity is produced, if the food commodity is processed into a food product on the farm for sale to a consumer.
      2. (2) A business premises that is directly shipped a food commodity from a farm, if the food commodity is processed into a food product on the business premises for sale to a consumer.
      3. (3) A business premises that is directly shipped a food product from a farm, if the food product is purchased for resale to a consumer or is distributed to a consumer on behalf of a farmer.
   2. b. The farm source must comply with all applicable laws regulating the sale of food.

   3. c.

      1. (1) Except as provided in subparagraph (2), the farm source must be located in this state.
      2. (2) If the school district shares a border with another state, or the school is part of a school district that shares a border with another state, the farm source may be located in the other state. However, the farm source must be located within thirty miles of the school district’s border with the other state and the department must approve the purchase.
6. 6. The department shall require proof of purchase prior to reimbursing the school or school district for the purchase of food products.
7. 7. The department of agriculture and land stewardship may administer the program in cooperation with the department of education and the participating school or school district in which a participating school is located.

8. 8.

   1. a. The department shall reimburse a participating school or school district that submits a claim as required by the department. The department shall pay the claim on a matching basis with the department contributing one dollar for every three dollars expended by the school or school district. However, a school or school district shall not receive more than one thousand dollars during any year in which it participates in the program.
   2. b. Notwithstanding paragraph “a”, if the department determines that there are sufficient moneys in the fund to satisfy all claims that may be submitted by schools and school districts, the department shall provide for the distribution of the available moneys in a manner determined equitable by the department, which may include a prorated distribution to participating schools and school districts.

2021 Acts, ch 149, §7

Referred to in §190A.2