Page:United States Statutes at Large Volume 106 Part 1.djvu/314

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106 STAT. 282 PUBLIC LAW 102-314—JULY 2, 1992 "(G) The State shall ensure that no State or local taxes are collected within the State on purchases of food with coupons distributed under the program, "(6)(A) Each State that received assistance under the demonstration program authorized by this subsection in a fiscal year ending before October 1, 1991, shall receive assistance under this subsection if the State complies with the requirements established by this subsection, as determined by the Secretary. "(B)(i) Subject to the availability of appropriations, if a State provides the amount of matching funds required under paragraph (3), the State shall receive assistance under this subsection in an amount that is not less than the amount of such assistance that the State received in the most recent fiscal year in which it received such assistance. "(ii) If amounts appropriated for any fiscal year pursuant to the authorization contained in paragraph (10) for grants under this subsection are not sufficient to pay to each State for which a State plan is approved under paragraph (6) the amount that the Secretary determines each such State is entitled to under this subsection, each State's grant shall be ratably reduced, except that (if sufficient funds are available) each State shall receive at least $50,000 or the amount that the State received for the prior fiscal year if that amount is less than $50,000. "(C) In providing funds to serve additional recipients in a State that received assistance under this subsection in the previous fiscal year, the Secretary shall consider— "(i) the availability of any such assistance not spent by the State during the program year for which the assistance was received; "(ii) documentation that justifies the need for an increase

'> in participation; and

"(iii) demonstrated ability to satisfactorily operate the existing program. "(D)(i) A State that desires to receive a grant under this subsection shall submit, for each fiscal year, a State plan to the Secretary at such time and in such manner as the Secretary may reasonably require. "(ii) Each State plan submitted under this paragraph shall contain— "(I) the estimated cost of the program and the estimated number of individuals to be served by the program; "(II) a description of the State plan for complying with the requirements established in paragraph (5); and "(III) criteria developed by the State with respect to authorization of producers to participate in the program. "(iii) The criteria developed by the State as required by clause (ii)(III) shall require any authorized producer to sell fresh nutritious unprepared foods (such as firuits and vegetables) to recipients, in exchange for coupons distributed under the program. "(E) The Secretary shall establish objective criteria for the approval and ranking of State plans submitted under this paragraph. "(F) In approving and ranking State plans submitted under this paragraph, the Secretary shall— "(i) favorably consider a State's prior experiences with this or similar programs;