Sec. 10.54.02.07. Food Delivery

A. General Provisions. A local agency shall:

(1) Implement and operate a food delivery system according to the local agency's agreement with the State agency;

(2) Ensure that the food delivery system's operation is compatible with the delivery of health and nutrition education services;

(3) Inform a participant or the parent or caretaker of an infant or child participant of the authorized vendors within the local agency service area;

(4) Issue food instruments to participants or the participant's parent, caretaker, or proxy in accordance with COMAR 10.54.01; and

(5) Ensure that a participant or the participant’s parent, caretaker, or proxy signs for receipt of food instruments.

B. Vendor Authorization. The State agency, in conjunction with a local agency, shall:

(1) Determine the appropriate number and distribution of vendors needed to serve the participants within the area served by the local agency; and

(2) Conduct and provide documentation of on-site visits to an applicant vendor.

C. Vendor Agreements. A local agency shall abide by the vendor agreement or agreements authorized for use in the local agency by the State agency.

D. Vendor Training. A local agency shall provide training to a vendor when required by the State agency.

E. Vendor Monitoring. A local agency, in conjunction with the State agency, shall:

(1) Conduct on-site monitoring visits to at least 10 percent of the authorized vendors per year, selected on a representative basis, and submit to the State agency a summary of the results;

(2) Identify and monitor vendors who present the potential for abuse of the Program and submit to the State agency a summary of the results;

(3) Ensure investigation of suspected fraud and abuse and of complaints against participants as well as complaints by participants; and

(4) Recommend sanctioning of vendors as prescribed at COMAR 10.54.03.16.

F. Food Instruments Accountability. A local agency shall control and provide accountability for the receipt and issuance of food instruments.

G. Conflict of Interest. A local agency shall notify the State agency if any conflict of interest appears to exist between the local agency or a member of its staff and a vendor within its jurisdiction.