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					                                Food and Nutrition Service, USDA                                                                                                                                       Pt. 247

                                  (c) Alabama, Florida, Georgia, Ken-                                                         7 CFR part 246 section where requirements                                Currrent
                                tucky, Mississippi, North Carolina,                                                                                                                                   OMB control
                                                                                                                                            are described                                                no.
                                South Carolina, Tennessee: U.S. De-
                                partment of Agriculture, FNS, South-                                                        .25(a), (b) ...........................................................   0584–0043,
                                                                                                                                                                                                      0584–0347
                                east Region, 61 Forsyth Street, SW.,
                                room 8T36, Atlanta, Georgia 30303.
                                  (d) Illinois, Indiana, Michigan, Min-                                                     [50 FR 6121, Feb. 13, 1985, as amended at 53
                                nesota, Ohio, Wisconsin: U.S. Depart-                                                       FR 15653, May 3, 1988; 54 FR 51295, Dec. 14,
                                ment of Agriculture, FNS, Midwest Re-                                                       1989; 58 FR 11507, Feb. 26, 1993]
                                gion, 77 West Jackson Boulevard—20th
                                Floor, Chicago, Illinois 60604–3507.                                                              PART 247—COMMODITY
                                  (e) Arkansas, Louisiana, New Mexico,                                                         SUPPLEMENTAL FOOD PROGRAM
                                Oklahoma, Texas: U.S. Department of
                                Agriculture, FNS, Southwest Region,                                                         Sec.
                                1100 Commerce Street, room 5–C–30,                                                          247.1 Definitions.
                                Dallas, Texas 75242.                                                                        247.2 The purpose and scope of CSFP.
                                  (f) Colorado, Iowa, Kansas, Missouri,                                                     247.3 Administering agencies.
                                                                                                                            247.4 Agreements.
                                Montana, Nebraska, North Dakota,
                                                                                                                            247.5 State and local agency responsibil-
                                South Dakota, Utah, Wyoming: U.S.                                                               ities.
                                Department of Agriculture, FNS,                                                             247.6 State Plan.
                                Mountain Plains Region, 1244 Speer                                                          247.7 Selection of local agencies.
                                Boulevard, suite 903, Denver, Colorado                                                      247.8 Individuals applying to participate in
                                80204.                                                                                          CSFP.
                                  (g) Alaska, American Samoa, Ari-                                                          247.9 Eligibility requirements.
                                zona, California, the Commonwealth of                                                       247.10 Distribution and use of CSFP com-
                                the Northern Mariana Islands, Guam,                                                             modities.
                                                                                                                            247.11 Applicants exceed caseload levels.
                                Hawaii, Idaho, Nevada, Oregon, Wash-                                                        247.12 Rights and responsibilities.
                                ington: U.S. Department of Agri-                                                            247.13 Provisions for non-English or limited-
                                culture, FNS, Western Region, 550                                                               English speakers.
                                Kearny Street, room 400, San Fran-                                                          247.14 Other public assistance programs.
                                cisco, California 94108.                                                                    247.15 Notification of eligibility or ineligi-
                                                                                                                                bility of applicant.
                                [50 FR 6121, Feb. 13, 1985; 50 FR 8098, Feb. 28,                                            247.16 Certification period.
                                1985, as amended at 59 FR 11508, Mar. 11, 1994;                                             247.17 Notification of discontinuance of par-
                                71 FR 56733, Sept. 27, 2006]                                                                    ticipant.
                                                                                                                            247.18 Nutrition education.
                                § 246.28              OMB control numbers.                                                  247.19 Dual participation.
                                  The following control numbers have                                                        247.20 Program violations.
                                been assigned to the information col-                                                       247.21 Caseload assignment.
                                lection requirements in 7 CFR part 246                                                      247.22 Allocation and disbursement of ad-
                                                                                                                                ministrative funds to State agencies.
                                by the Office of Management and Budg-
                                                                                                                            247.23 State provision of administrative
                                et pursuant to the Paperwork Reduc-                                                             funds to local agencies.
                                tion Act of 1980, Pub. L. 96–511.                                                           247.24 Recovery and redistribution of case-
                                                                                                                                load and administrative funds.
                                                                                                               Currrent
                                  7 CFR part 246 section where requirements                                                 247.25 Allowable uses of administrative
                                                                                                              OMB control
                                                are described                                                    no.            funds and other funds.
                                                                                                                            247.26 Return of administrative funds.
                                .4(a) (8), (9), (11) ...............................................          0584–0386     247.27 Financial management.
                                .5 ........................................................................   0584–0043
                                .6 ........................................................................   0584–0043
                                                                                                                            247.28 Storage and inventory of commod-
                                .7(a) ...................................................................     0584–0386         ities.
                                .7(e), (h), (j) .......................................................       0584–0043     247.29 Reports and recordkeeping.
                                .7(n) ...................................................................     0584–0386     247.30 Claims.
                                .7(i) .....................................................................   0584–A536     247.31 Audits and investigations.
                                .10 ......................................................................    0584–A536     247.32 Termination of agency participation.
                                .11(a)(3) .............................................................       0584–0386     247.33 Fair hearings.
                                .11(d) .................................................................      0584–0043     247.34 Management reviews.
                                .12(f), (i), (i)(3), (j) ..............................................       0584–0043
                                .14(d)(1) .............................................................       0584–0043
                                                                                                                            247.35 Local agency appeals of State agency
                                .16(c) ..................................................................     0584–0043         actions.
                                .17(c)(1) .............................................................       0584–0043     247.36 Confidentiality of applicants or par-
                                .19 ......................................................................    0584–0043         ticipants.
                                .20(a) .................................................................      0584–0043     247.37 Civil rights requirements.

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                                § 247.1                                                                  7 CFR Ch. II (1–1–07 Edition)
                                  AUTHORITY: Sec. 5, Pub. L. 93–86, 87 Stat.                Fiscal year means the period from Oc-
                                249, as added by Sec. 1304(b)(2), Pub. L. 95–113,         tober 1 through the following Sep-
                                91 Stat. 980 (7 U.S.C. 612c note); sec. 1335,             tember 30.
                                Pub. L. 97–98, 95 Stat. 1293 (7 U.S.C. 612c
                                                                                            FNS means the Food and Nutrition
                                note); sec. 209, Pub. L. 98–8, 97 Stat. 35 (7
                                U.S.C. 612c note); sec. 2(8), Pub. L. 98–92, 97           Service.
                                Stat. 611 (7 U.S.C. 612c note); sec. 1562, Pub.             Infants means persons under one year
                                L. 99–198, 99 Stat. 1590 (7 U.S.C. 612c note);            of age.
                                sec. 101(k), Pub. L. 100–202; sec. 1771(a), Pub.            Local agency means a public or pri-
                                L. 101–624, 101 Stat. 3806 (7 U.S.C. 612c note);          vate nonprofit agency, including an In-
                                sec. 402(a), Pub. L. 104–127, 110 Stat. 1028 (7           dian tribal organization, which enters
                                U.S.C. 612c note); Pub. L. 107–171.                       into an agreement with the State agen-
                                  SOURCE: 70 FR 47063, Aug. 11, 2005, unless              cy to administer CSFP at the local
                                otherwise noted.                                          level.
                                                                                            Nonprofit agency means a private
                                § 247.1 Definitions.                                      agency or organization with tax-ex-
                                   Following is a list of definitions that                empt status under the Internal Rev-
                                apply to the Commodity Supplemental                       enue Code, or that has applied for tax-
                                Food Program (CSFP).                                      exempt status with the Internal Rev-
                                   Applicant means any person who ap-                     enue Service.
                                plies to receive program benefits. Ap-                      Postpartum women means women up
                                plicants include program participants                     to one year after termination of preg-
                                applying for recertification.                             nancy.
                                   Breastfeeding women means women up                       Proxy means any person designated
                                to one year postpartum who are                            by a participant, or by the partici-
                                breastfeeding their infants.                              pant’s adult parent or caretaker, to ob-
                                   Caseload means the number of per-                      tain supplemental foods on behalf of
                                sons the State agency may serve on an                     the participant.
                                average monthly basis over the course                       7 CFR part 250 means the Depart-
                                of the caseload cycle.                                    ment’s regulations pertaining to the
                                   Caseload cycle means the period from                   donation of foods for use in USDA food
                                January 1 through the following De-                       distribution programs.
                                cember 31.                                                  7 CFR part 3016 means the Depart-
                                   Certification means the use of proce-                  ment’s regulations pertaining to ad-
                                dures to determine an applicant’s eligi-                  ministrative requirements for grants
                                bility for the program.                                   and cooperative agreements with
                                   Certification period means the period                  State, local, and Indian tribal govern-
                                of time that a participant may con-                       ments.
                                tinue to receive program benefits with-                     7 CFR part 3019 means the Depart-
                                out a review of his or her eligibility.                   ment’s regulations pertaining to ad-
                                   Children means persons who are at                      ministrative requirements for grants
                                least one year of age but have not                        and cooperative agreements with non-
                                reached their sixth birthday.                             profit organizations.
                                   Commodities means nutritious foods                       7 CFR part 3052 means the Depart-
                                purchased by USDA to supplement the                       ment’s regulations pertaining to audits
                                diets of CSFP participants.                               of States, local governments, and non-
                                   CSFP means the Commodity Supple-                       profit organizations.
                                mental Food Program.                                        State means any of the 50 States, the
                                   Department means the U.S. Depart-                      District of Columbia, the Common-
                                ment of Agriculture.                                      wealth of Puerto Rico, the Virgin Is-
                                   Disqualification means the act of end-                 lands, Guam, American Samoa, the
                                ing Program participation of a partici-                   Trust Territory of the Pacific Islands,
                                pant as a punitive sanction.                              and the Northern Mariana Islands.
                                   Dual participation means simulta-                        State agency means the agency des-
                                neous participation by an individual in                   ignated by the State to administer
                                CSFP and the WIC Program, or in                           CSFP at the State level; an Indian
                                CSFP at more than one distribution                        tribe or tribal organization recognized
                                site.                                                     by the Department of the Interior that
                                   Elderly persons means persons at least                 administers the program for a specified
                                60 years of age.                                          tribe or tribes; or, the appropriate area

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                                Food and Nutrition Service, USDA                                                                    § 247.3

                                office of the Indian Health Service of                    § 247.3     Administering agencies.
                                the Department of Health and Human
                                                                                             (a) What agencies are responsible for
                                Services.
                                                                                          administering CSFP? CSFP is adminis-
                                  State Plan means the document that                      tered at the Federal level by the De-
                                describes the manner in which the                         partment’s Food and Nutrition Service
                                State agency intends to administer the                    (FNS), which provides commodities, as-
                                program in the State.                                     signs caseload, and allocates adminis-
                                  Subdistributing agency means an agen-                   trative funds to State agencies. State
                                cy or organization that has entered                       agencies are responsible for admin-
                                into an agreement with the State agen-                    istering the program at the State level.
                                cy to perform functions normally per-                     The State agency may select local
                                formed by the State, such as entering                     agencies to administer the program in
                                into agreements with eligible recipient                   local areas of the State. The State
                                agencies under which commodities are                      agency must provide guidance to local
                                made available, ordering commodities                      agencies on all aspects of program op-
                                and/or making arrangements for the                        erations. The State agency may also
                                storage and delivery of such commod-                      select subdistributing agencies (e.g.,
                                ities on behalf of eligible recipient                     another State agency, a local govern-
                                agencies.                                                 mental agency, or a nonprofit organi-
                                  WIC Program means the Special Sup-                      zation) to distribute or store commod-
                                plemental Nutrition Program for                           ities, or to perform other program
                                Women, Infants, and Children.                             functions on behalf of the State agen-
                                                                                          cy. Local or subdistributing agencies
                                § 247.2 The        purpose         and   scope     of
                                    CSFP.                                                 may also select other agencies to per-
                                                                                          form specific program functions (e.g.,
                                  (a) How does CSFP help participants?                    food distribution or storage), with the
                                Through CSFP, the Department pro-                         State agency’s approval. Although the
                                vides nutritious commodities to help                      State agency may select other organi-
                                State and local agencies meet the nu-                     zations to perform specific activities,
                                tritional needs of low-income pregnant,                   the State agency is ultimately respon-
                                postpartum, and breastfeeding women,                      sible for all aspects of program admin-
                                infants under one year of age, children                   istration.
                                who are at least one year of age but                         (b) Are there specific functions that the
                                have not reached their sixth birthday,                    State agency cannot delegate to another
                                and elderly persons. Through local                        agency? Yes. The State agency may not
                                agencies, each participant receives a                     delegate the performance of the fol-
                                monthly package of commodities,                           lowing functions to another agency:
                                based on food package guide rates de-                        (1) Establishing eligibility require-
                                veloped by FNS, with input from State                     ments, in accordance with the options
                                and local agencies. Food packages in-                     provided to the State agency under
                                clude such nutritious foods as infant                     § 247.9; or
                                formula and cereal, juices, canned                           (2) Establishing a management re-
                                fruits and vegetables, canned meat or                     view system and conducting reviews of
                                poultry and other protein items, and                      local agencies, in accordance with
                                grain products such as pasta, as well as                  § 247.34.
                                other foods. Participants also receive
                                                                                             (c) What Federal requirements must
                                nutrition education.
                                                                                          State, subdistributing, and local agencies
                                  (b) How many persons may be served in                   follow in administering CSFP? State,
                                CSFP? State agencies may serve eligi-                     subdistributing, and local agencies
                                ble persons up to the caseload limit as-                  must administer the program in ac-
                                signed to them by FNS. Caseload is the                    cordance with the provisions of this
                                number of persons that may be served                      part, and with the provisions contained
                                on an average monthly basis over the                      in part 250 of this chapter, unless they
                                course of the caseload cycle, which ex-                   are inconsistent with the provisions of
                                tends from January 1 through the fol-                     this part.
                                lowing December 31.

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                                § 247.4                                                                  7 CFR Ch. II (1–1–07 Edition)

                                § 247.4 Agreements.                                       responsible for any loss resulting from
                                   (a) What agreements are necessary for                  improper distribution, or improper
                                agencies to administer CSFP? The fol-                     storage, care, or handling of commod-
                                lowing agreements are necessary for                       ities;
                                agencies to administer CSFP:                                 (4) A statement that each agency re-
                                   (1) Agreements between FNS and State                   ceiving program funds is responsible
                                agencies. Each State agency must enter                    for any misuse of program funds;
                                into an agreement with FNS (Form                             (5) A description of the specific func-
                                FNS–74, the Federal-State Agreement)                      tions that the State, subdistributing,
                                prior to receiving commodities or ad-                     or local agency is delegating to an-
                                ministrative funds;                                       other agency; and
                                   (2) Agreements between State agencies                     (6) A statement specifying:
                                and local or subdistributing agencies. The                   (i) That either party may terminate
                                State agency must enter into written                      the agreement by written notice to the
                                agreements with local or subdistrib-                      other; and
                                uting agencies prior to making com-                          (ii) The minimum number of days of
                                modities or administrative funds avail-                   advance notice that must be given.
                                able to them. The agreements must                         (The advance notification period must
                                contain the information specified in                      be at least 30 days.)
                                paragraph (b) of this section. Agree-                        (c) What other assurances or informa-
                                ments between State and local agen-                       tion must be included in agreements be-
                                cies must also contain the information                    tween State and local agencies? In addi-
                                specified in paragraph (c) of this sec-                   tion to the requirements under para-
                                tion. Copies of all agreements must be                    graph (b) of this section, agreements
                                kept on file by the parties to the agree-                 between State and local agencies must
                                ments; and                                                contain the following:
                                   (3) Agreements between local and sub-                     (1) An assurance that the local agen-
                                distributing agencies and other agencies.                 cy will provide, or cause to be provided,
                                The State agency must ensure that                         nutrition education to participants, as
                                local and subdistributing agencies                        required in § 247.18;
                                enter into written agreements with                           (2) An assurance that the local agen-
                                other agencies prior to making com-                       cy will provide information to partici-
                                modities or administrative funds avail-                   pants on other health, nutrition, and
                                able to these other agencies. The agree-                  public assistance programs, and make
                                ments must contain the information                        referrals as appropriate, as required in
                                specified in paragraph (b) of this sec-                   § 247.14;
                                tion. Copies of all agreements must be                       (3) An assurance that the local agen-
                                kept on file by the parties to the agree-                 cy will distribute commodities in ac-
                                ments.                                                    cordance with the approved food pack-
                                   (b) What are the required contents of                  age guide rate;
                                agreements? All agreements described                         (4) An assurance that the local agen-
                                under paragraphs (a)(2) and (a)(3) of                     cy will take steps to prevent and detect
                                this section must contain the fol-                        dual participation, as required in
                                lowing:                                                   § 247.19;
                                   (1) An assurance that each agency                         (5) The names and addresses of all
                                will administer the program in accord-                    certification, distribution, and storage
                                ance with the provisions of this part                     sites under the jurisdiction of the local
                                and with the provisions of part 250 of                    agency; and
                                this chapter, unless they are incon-                         (6) An assurance that the local agen-
                                sistent with the provisions of this part;                 cy will not subject any person to dis-
                                   (2) An assurance that each agency                      crimination under the program on the
                                will maintain accurate and complete                       grounds of race, color, national origin,
                                records for a period of three years from                  age, sex, or disability.
                                the close of the fiscal year to which                        (d) What is the duration of required
                                they pertain, or longer if the records                    agreements? Agreements between FNS
                                are related to unresolved claims ac-                      and State agencies are considered per-
                                tions, audits, or investigations;                         manent, but may be amended at the
                                   (3) A statement that each agency re-                   initiation of State agencies or at the
                                ceiving commodities for distribution is                   request of FNS. All amendments must

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                                Food and Nutrition Service, USDA                                                                    § 247.5

                                be approved by FNS. The State agency                         (4) Assigning caseload, and allocating
                                establishes the duration of agreements                    administrative funds, to local agencies;
                                it signs with local agencies or sub-                         (5) Establishing eligibility require-
                                distributing agencies. The State agen-                    ments, in accordance with the options
                                cy may establish, or permit the local                     provided to the State agency under
                                or subdistributing agency to establish,                   § 247.9. (This function may not be dele-
                                the duration of agreements between                        gated to another agency.);
                                local or subdistributing agencies and                        (6) Establishing nutritional risk cri-
                                other agencies. However, State and                        teria and a residency requirement for
                                local agencies must comply with the                       participants, if such criteria are to be
                                requirements in § 250.12(c) of this chap-                 used;
                                ter when entering agreements with                            (7) Establishing a financial manage-
                                other entities.                                           ment system that effectively accounts
                                (Approved by the Office of Management and                 for funds received for program adminis-
                                Budget under control numbers 0584–0067,                   tration;
                                0584–0293)                                                   (8) Developing a plan for the detec-
                                                                                          tion and prevention of dual participa-
                                § 247.5 State and local agency respon-                    tion, in coordination with CSFP local
                                     sibilities.                                          agencies and with the State WIC agen-
                                   State and local agencies are respon-                   cy;
                                sible for administering the program in                       (9) Developing a plan for providing
                                accordance with the provisions of this                    nutrition education to participants;
                                part, and with the provisions of part                        (10) Establishing appeals and fair
                                250 of this chapter, as applicable. Al-                   hearing procedures for local agencies
                                though the State agency may delegate                      and program participants;
                                some responsibilities to another agen-                       (11) Developing a management review
                                cy, the State agency is ultimately re-                    system and conducting reviews of local
                                sponsible for all aspects of program ad-                  agencies. (This function may not be
                                ministration. The following is an out-                    delegated to another agency.);
                                line of the major responsibilities of                        (12)   Determining     and    pursuing
                                State and local agencies; it is not in-                   claims, and establishing standards for
                                tended to be all-inclusive.                               pursuit of claims against participants;
                                   (a) What are the major responsibilities                   (13) Ensuring compliance with Fed-
                                shared by State and local agencies? The                   eral audit requirements;
                                major responsibilities shared by State
                                                                                             (14) Providing guidance to local agen-
                                and local agencies include:
                                                                                          cies, as needed; and
                                   (1) Entering into required agree-
                                                                                             (15) Ensuring that program participa-
                                ments;
                                   (2) Ordering commodities for dis-                      tion does not exceed the State agency’s
                                tribution;                                                caseload allocation on an average
                                   (3) Storing and distributing commod-                   monthly basis.
                                ities;                                                       (c) What are the major local agency re-
                                   (4) Establishing procedures for re-                    sponsibilities? The major local agency
                                solving complaints about commodities;                     responsibilities include:
                                   (5) Complying with civil rights re-                       (1) Determining eligibility of appli-
                                quirements;                                               cants in accordance with eligibility
                                   (6) Maintaining accurate and com-                      criteria established by the State agen-
                                plete records; and                                        cy;
                                   (7) Conducting program outreach.                          (2) Complying with fiscal and oper-
                                   (b) What are the major State agency re-                ational requirements established by
                                sponsibilities? The major responsibil-                    the State agency;
                                ities of State agencies include:                             (3) Ensuring that participation does
                                   (1) Completing and submitting the                      not exceed the caseload assigned by the
                                State Plan;                                               State agency;
                                   (2) Selecting local agencies to admin-                    (4) Issuing foods to participants in
                                ister the program in local areas of the                   accordance with the established food
                                State;                                                    package guide rates;
                                   (3) Determining caseload needs, and                       (5) Providing nutrition education and
                                submitting caseload requests to FNS;                      information on the availability of

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                                § 247.6                                                                  7 CFR Ch. II (1–1–07 Edition)

                                other nutrition and health assistance                       (c) What must be included in the State
                                programs to participants;                                 Plan? The State Plan must include:
                                  (6) Informing applicants of their                         (1) The names and addresses of all
                                rights and responsibilities in the pro-                   local agencies and subdistributing
                                gram;                                                     agencies with which the State agency
                                  (7) Meeting the special needs of the                    has entered into agreement;
                                homebound elderly, to the extent pos-                       (2) The income eligibility standards
                                sible; and                                                to be used for women, infants, and chil-
                                  (8) Pursuing claims against partici-                    dren, and the options to be used relat-
                                pants.                                                    ing to income or other eligibility re-
                                                                                          quirements, as provided under § 247.9;
                                § 247.6    State Plan.                                      (3) The nutritional risk criteria to be
                                  (a) What is the State Plan? The State                   used, if the State chooses to establish
                                Plan is a document that describes how                     such criteria;
                                the State agency will operate CSFP                          (4) A description of plans for serving
                                and the caseload needed to serve eligi-                   women, infants, children, and elderly
                                ble applicants. The State agency must                     participants and the caseload needed to
                                submit the State Plan to FNS for ap-                      serve them;
                                proval. Once submitted and approved,                        (5) A description of plans for con-
                                the State Plan is considered perma-                       ducting outreach to women, infants,
                                nent, with amendments submitted at                        children, and the elderly;
                                the State agency’s initiative, or at                        (6) A description of the system for
                                FNS request. All amendments are sub-                      storing and distributing commodities;
                                ject to FNS approval. The State Plan                        (7) A description of plans for pro-
                                may be submitted in the format pro-                       viding nutrition education to partici-
                                vided in FNS guidance, in an alternate                    pants;
                                format, or in combination with other                        (8) A description of the means by
                                documents required by Federal regula-                     which the State agency will detect and
                                tions. The State agency is encouraged                     prevent dual participation, including
                                to collaborate with the State WIC                         collaboration with the State WIC agen-
                                agency in developing the State Plan,                      cy, and a copy of the agreement signed
                                for example, in developing plans for                      with the State WIC agency to accom-
                                serving women, infants, and children,                     plish this;
                                program outreach, and nutrition edu-                        (9) A description of the standards the
                                cation. (Collaboration with the State                     State agency will use in determining if
                                WIC agency is required in preventing                      the pursuit of a claim against a partici-
                                and detecting dual participation.) The                    pant is cost-effective;
                                State Plan must be signed by the State                      (10) A description of the means by
                                agency official responsible for program                   which the State will meet the needs of
                                administration. A copy of the State                       the homebound elderly; and
                                Plan must be kept on file at the State                      (11) Copies of all agreements entered
                                agency for public inspection.                             into by the State agency.
                                  (b) When must the State Plan be sub-                      (d) When must the State agency submit
                                mitted? The State Plan must be sub-                       amendments to the State Plan? The State
                                mitted by August 15 to take effect for                    agency must submit amendments to
                                the fiscal year beginning in the fol-                     FNS to reflect any changes in program
                                lowing October. FNS will provide noti-                    operations or administration described
                                fication of the approval or disapproval                   in the State Plan, and to request addi-
                                of the State Plan within 30 days of re-                   tional caseload for the following case-
                                ceipt, and will notify the State agency                   load cycle. FNS may also require that
                                within 15 days of receipt if additional                   the State Plan be amended to reflect
                                information is needed. Disapproval of                     changes in Federal law or policy. The
                                the Plan will include a reason for the                    State agency may submit amendments
                                disapproval. Approval of the Plan is a                    to the State Plan at any time during
                                prerequisite to the assignment of case-                   the fiscal year, for FNS approval. The
                                load and allocation of administrative                     amendments will take effect imme-
                                funds, but does not ensure that case-                     diately upon approval, unless otherwise
                                load and funds will be provided.                          specified by FNS. If a State agency

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                                Food and Nutrition Service, USDA                                                                    § 247.8

                                would like to receive additional case-                      (c) What must the State agency do if a
                                load for the caseload cycle beginning                     nonprofit agency approved for CSFP is
                                the following January 1, it must sub-                     subsequently denied tax-exempt status by
                                mit an amendment to the Plan which                        the IRS, or does not obtain this status
                                conveys the request for additional                        within a certain period of time? In ac-
                                caseload by November 5. The State                         cordance with paragraph (a) of this sec-
                                agency must also describe in this sub-                    tion, the State agency may approve a
                                mission any plans for serving women,                      nonprofit agency that has applied to
                                infants, children, and the elderly at                     the IRS for tax-exempt status, and is
                                new sites. FNS action on the State                        moving toward compliance with the re-
                                agency’s request for additional case-                     quirements for recognition of tax-ex-
                                load is part of the caseload assignment                   empt status. However, if the IRS subse-
                                process, as described under § 247.21.                     quently denies a participating agency’s
                                (Approved by the Office of Management and                 application for recognition of tax-ex-
                                Budget under control number 0584–0293)                    empt status, the agency must imme-
                                                                                          diately notify the State agency of the
                                § 247.7    Selection of local agencies.                   denial. The State agency must termi-
                                                                                          nate the agency’s agreement and par-
                                  (a) How does a local agency apply to
                                                                                          ticipation immediately upon notifica-
                                participate in CSFP? Local agencies
                                                                                          tion. If documentation of recognition
                                wishing to participate in CSFP must
                                                                                          of tax-exempt status is not received
                                submit a written application to the
                                State agency. The application must de-                    within 180 days of the effective date of
                                scribe how the local agency will oper-                    the agency’s approval to participate in
                                ate the program and, for nonprofit                        CSFP, the State agency must termi-
                                agencies, must include the agency’s                       nate the agency’s participation until
                                tax-exempt status. To be eligible to                      such time as recognition of tax-exempt
                                participate in CSFP, a nonprofit agen-                    status is obtained. However, the State
                                cy must have tax-exempt status under                      agency may grant an extension of 90
                                the Internal Revenue Code (IRC), or                       days if the agency demonstrates that
                                have applied for tax-exempt status                        its inability to obtain tax-exempt sta-
                                with the Internal Revenue Service                         tus in the 180-day period is due to cir-
                                (IRS), and be moving towards such sta-                    cumstances beyond its control.
                                tus. Nonprofit agencies organized or                        (d) How much time does the State agen-
                                operated exclusively for religious pur-                   cy have to make a decision on the local
                                poses are automatically tax-exempt                        agency’s application? The State agency
                                under the IRC. Nonprofit agencies re-                     must inform the local agency of ap-
                                quired to obtain tax-exempt status                        proval or denial of the application
                                must provide documentation from the                       within 60 days of its receipt. If the ap-
                                IRS that they have obtained such sta-                     plication is denied, the State agency
                                tus, or have applied for it.                              must provide a written explanation for
                                  (b) On what basis does the State agency                 the denial, along with notification of
                                make a decision on the local agency’s ap-                 the local agency’s right to appeal the
                                plication? The State agency must ap-                      decision, in accordance with § 247.35. If
                                prove or disapprove the local agency’s                    the application is approved, the State
                                application based on, at minimum, the                     and local agency must enter into an
                                following criteria:                                       agreement in accordance with the re-
                                  (1) The ability of the local agency to                  quirements of § 247.4.
                                operate the program in accordance                         (Approved by the Office of Management and
                                with Federal and State requirements;                      Budget under control number 0584–0293)
                                  (2) The need for the program in the
                                projected service area of the local                       § 247.8 Individuals applying to partici-
                                agency;                                                       pate in CSFP.
                                  (3) The resources available (caseload                     (a) What information must individuals
                                and funds) for initiating a program in                    applying to participate in CSFP provide?
                                the local area; and                                       To apply for CSFP benefits, the appli-
                                  (4) For nonprofit agencies, the tax-                    cant, or the adult parent or caretaker
                                exempt status, with appropriate docu-                     of the applicant, must provide the fol-
                                mentation.                                                lowing information on the application:

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                                § 247.9                                                                  7 CFR Ch. II (1–1–07 Edition)

                                   (1) Name and address, including some                   and for program outreach purposes.
                                form of identification for each appli-                    (Please indicate decision by placing a
                                cant;                                                     checkmark in the appropriate box.)
                                   (2) Household income, except where                     YES [ ]
                                the applicant is determined to be auto-
                                matically eligible under § 247.9(b)(1)(i)                 NO [ ]’’
                                and (b)(1)(ii);                                           (Approved by the Office of Management and
                                   (3) Household size, except where the                   Budget under control number 0584–0293)
                                applicant is determined to be auto-
                                matically eligible under § 247.9(b)(1)(i)                 § 247.9 Eligibility requirements.
                                and (b)(1)(ii); and                                          (a) Who is eligible for CSFP? To be eli-
                                   (4) Other information related to eligi-                gible for CSFP, individuals must fall
                                bility, such as age or pregnancy, as ap-                  into one of the following population
                                plicable.                                                 groups:
                                   (b) What else is required on the applica-                 (1) Infants, i.e., persons under one
                                tion form? The application form must                      year of age;
                                include a nondiscrimination statement                        (2) Children, i.e., persons who are at
                                that informs the applicant that pro-                      least one year of age but have not
                                gram standards are applied without                        reached their sixth birthday;
                                discrimination by race, color, national                      (3) Pregnant women;
                                origin, age, sex, or disability. After in-                   (4) Breastfeeding women, up to one
                                forming the applicant (or adult parent                    year after giving birth (post-partum);
                                or caretaker) of his or her rights and                       (5) Post-partum women, up to one
                                responsibilities, in accordance with                      year after termination of pregnancy; or
                                § 247.12, the local agency must ensure                       (6) Elderly persons, i.e., persons at
                                that the applicant, or the adult parent                   least 60 years of age.
                                or caretaker of the applicant, signs the                     (b) What are the income eligibility re-
                                application form beneath the following                    quirements for women, infants, and chil-
                                pre-printed statement. The statement                      dren? (1) The State agency must estab-
                                must be read by, or to, the applicant                     lish household income limits that are
                                (or adult parent or caretaker) before                     at or below 185 percent of the Federal
                                signing.                                                  Poverty Income Guidelines published
                                   ‘‘This application is being completed                  annually by the Department of Health
                                in connection with the receipt of Fed-                    and Human Services, but not below 100
                                eral assistance. Program officials may                    percent of these guidelines. However,
                                verify information on this form. I am                     the State agency must accept as in-
                                aware that deliberate misrepresenta-                      come-eligible, regardless of actual in-
                                tion may subject me to prosecution                        come, any applicant who is:
                                under applicable State and Federal                           (i) Certified as eligible to receive food
                                statutes. I am also aware that I may                      stamps under the Food Stamp Act of
                                not receive both CSFP and WIC bene-                       1977 (7 U.S.C. 2011 et seq.), Temporary
                                fits simultaneously, and I may not re-                    Assistance for Needy Families (TANF)
                                ceive CSFP benefits at more than one                      under Part A of Title IV of the Social
                                CSFP site at the same time. Further-                      Security Act (42 U.S.C. 601 et seq.), or
                                more, I am aware that the information                     Medical Assistance (i.e., Medicaid)
                                provided may be shared with other or-                     under Title XIX of the Social Security
                                ganizations to detect and prevent dual                    Act (42 U.S.C. 1396 et seq.); or
                                participation. I have been advised of                        (ii) A member of a family that is cer-
                                my rights and obligations under the                       tified eligible to receive assistance
                                program. I certify that the information                   under TANF, or a member of a family
                                I have provided for my eligibility de-                    in which a pregnant woman or an in-
                                termination is correct to the best of                     fant is certified eligible to receive as-
                                my knowledge.                                             sistance under Medicaid.
                                   I authorize the release of information                    (2) The State agency may consider
                                provided on this application form to                      women, infants, and children partici-
                                other organizations administering as-                     pating in another Federal, State, or
                                sistance programs for use in deter-                       local food, health, or welfare program
                                mining my eligibility for participation                   as automatically eligible for CSFP if
                                in other public assistance programs                       the income eligibility limits for the

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                                Food and Nutrition Service, USDA                                                                    § 247.10

                                program are equal to or lower than the                      (ii) The value of inkind housing and
                                established CSFP limits.                                  other inkind benefits.
                                  (3) For a pregnant woman, the State                       (3) The State agency must exclude
                                agency must count each embryo or                          from consideration all income sources
                                fetus in utero as a household member                      excluded by legislation, which are list-
                                in determining if the household meets                     ed in § 246.7(d)(2)(iv)(C) of this chapter.
                                the income eligibility standards.                         FNS will notify State agencies of any
                                  (c) What are the income eligibility re-                 new forms of income excluded by stat-
                                quirements for elderly persons? The State                 ute through program policy memo-
                                agency must use a household income                        randa.
                                limit at or below 130 percent of the                        (4) The State agency may authorize
                                Federal Poverty Income Guidelines. El-                    local agencies to consider the house-
                                derly persons in households with in-                      hold’s average income during the pre-
                                come at or below this level must be                       vious 12 months and current household
                                considered eligible for CSFP benefits                     income to determine which more accu-
                                (assuming they meet other require-                        rately reflects the household’s status.
                                ments contained in this part). How-                       In instances in which the State makes
                                ever, elderly persons certified before                    the decision to authorize local agencies
                                September 17, 1986 (i.e., under the three                 to determine a household’s income in
                                elderly pilot projects) must remain                       this manner, all local agencies must
                                subject to the eligibility criteria in ef-                comply with the State’s decision and
                                fect at the time of their certification.                  apply this method of income deter-
                                                                                          mination in situations in which it is
                                  (d) When must the State agency revise
                                                                                          warranted.
                                the CSFP income guidelines to reflect the
                                                                                            (f) What other options does the State
                                annual adjustments of the Federal Pov-
                                                                                          agency have in establishing eligibility re-
                                erty Income Guidelines? Each year, FNS
                                                                                          quirements for CSFP? (1) The State
                                will notify State agencies, by memo-
                                                                                          agency may require that an individual
                                randum, of adjusted income guidelines
                                                                                          be at nutritional risk, as determined
                                by household size at 185 percent, 130
                                                                                          by a physician or by local agency staff.
                                percent, and 100 percent of the Federal
                                                                                            (2) The State agency may require
                                Poverty Income Guidelines. The memo-                      that an individual reside within the
                                randum will reflect the annual adjust-                    service area of the local agency at the
                                ments to the Federal Poverty Income                       time of application for CSFP benefits.
                                Guidelines issued by the Department of                    However, the State agency may not re-
                                Health and Human Services. The State                      quire that an individual reside within
                                agency must implement the adjusted                        the area for any fixed period of time.
                                guidelines for elderly applicants imme-
                                diately upon receipt of the memo-                         § 247.10 Distribution and use of CSFP
                                randum. However, for women, infants,                           commodities.
                                and children applicants, the State                           (a) What are the requirements for dis-
                                agency must implement the adjusted                        tributing CSFP commodities to partici-
                                guidelines at the same time that the                      pants? The local agency must dis-
                                State WIC agency implements the ad-                       tribute a package of commodities to
                                justed guidelines in WIC.                                 participants each month, or a two-
                                  (e) How is income defined and consid-                   month supply of commodities to par-
                                ered as it relates to CSFP eligibility? (1)               ticipants every other month, in accord-
                                Income means gross income before de-                      ance with the food package guide rates
                                ductions for such items as income                         established by FNS.
                                taxes, employees’ social security taxes,                     (b) What must the local agency do to
                                insurance premiums, and bonds.                            ensure that commodities are distributed
                                  (2) The State agency may exclude                        only to CSFP participants? The local
                                from     consideration    the    following                agency must require each participant,
                                sources of income listed under the WIC                    or participant’s proxy, to present some
                                regulations at § 246.7(d)(2)(iv) of this                  form of identification before distrib-
                                chapter:                                                  uting commodities to that person.
                                  (i) Any basic allowance for housing                        (c) What restrictions apply to State and
                                received by military services personnel                   local agencies in the distribution of CSFP
                                residing off military installations; and                  commodities? State and local agencies

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                                § 247.11                                                                 7 CFR Ch. II (1–1–07 Edition)

                                must not require, or request, that par-                   vidual’s right to appeal this decision by
                                ticipants make any payments, or pro-                      requesting a fair hearing, in accord-
                                vide any materials or services, in con-                   ance with § 247.33(a);
                                nection with the receipt of CSFP com-                       (2) The local agency will make nutri-
                                modities. State and local agencies                        tion education available to all adult
                                must not use the distribution of CSFP                     participants, and to parents or care-
                                commodities as a means of furthering                      takers of infant and child participants,
                                the political interests of any person or                  and will encourage them to participate;
                                party.                                                    and
                                  (d) What are the restrictions for the use                 (3) The local agency will provide in-
                                of CSFP commodities? CSFP commod-                         formation on other nutrition, health,
                                ities may not be used for outreach, re-                   or assistance programs, and make re-
                                freshments, or for any purposes other                     ferrals as appropriate.
                                than distribution to, and nutrition edu-                    (b) What information regarding an indi-
                                cation for, CSFP participants.                            vidual’s responsibilities in CSFP must the
                                                                                          local agency provide to the applicant? In
                                § 247.11 Applicants exceed caseload                       addition to the written statement re-
                                     levels.                                              quired by § 247.8(b), the local agency is
                                   (a) What must the local agency do if the               responsible for informing the appli-
                                number of applicants exceeds the local                    cant, orally or in writing, of the fol-
                                agency’s caseload level? If all caseload                  lowing:
                                has been filled, the local agency must                      (1) Improper use or receipt of CSFP
                                maintain a waiting list of individuals                    benefits as a result of dual participa-
                                who apply for the program. In estab-                      tion or other program violations may
                                lishing the waiting list, the local agen-                 lead to a claim against the individual
                                cy must include the date of applica-                      to recover the value of the benefits,
                                tion, the population group of the appli-                  and may lead to disqualification from
                                cant, and information necessary to                        CSFP; and
                                allow the local agency to contact the                       (2) Participants must report changes
                                applicant when caseload space becomes                     in household income or composition
                                available. Unless they have been deter-                   within 10 days after the change be-
                                mined ineligible, applicants must be                      comes known to the household.
                                notified of their placement on a wait-
                                ing list within 10 days of their request                  § 247.13 Provisions for non-English or
                                for benefits in accordance with § 247.15.                      limited-English speakers.
                                   (b) What are the requirements for serv-                   (a) What must State and local agencies
                                ing individuals on the waiting list once                  do to ensure that non-English or limited-
                                caseload slots become available? When                     English speaking persons are aware of
                                caseload slots open up, the local agen-                   their rights and responsibilities in the pro-
                                cy must provide benefits to eligible in-                  gram? If a significant proportion of the
                                dividuals on the waiting list in the fol-                 population in an area is comprised of
                                lowing order of priority:                                 non-English or limited-English speak-
                                   (1) Pregnant women, breastfeeding                      ing persons with a common language,
                                women, and infants;                                       the State agency must ensure that
                                   (2) Children ages 1 through 3;                         local agencies inform such persons of
                                   (3) Children ages 4 and 5;                             their rights and responsibilities in the
                                   (4) Postpartum women; and                              program, as listed under § 247.12, in an
                                   (5) Elderly persons.                                   appropriate language. State and local
                                                                                          agencies must ensure that bilingual
                                § 247.12 Rights and responsibilities.                     staff members or interpreters are
                                   (a) What information regarding an indi-                available to serve these persons.
                                vidual’s rights in CSFP must the local                       (b) What must State and local agencies
                                agency provide to the applicant? The                      do to ensure that non-English or limited-
                                local agency is responsible for inform-                   English speaking persons are aware of
                                ing the applicant, orally or in writing,                  other program information? If a signifi-
                                of the following:                                         cant proportion of the population in an
                                   (1) The local agency will provide no-                  area is comprised of non-English or
                                tification of a decision to deny or ter-                  limited-English speaking persons with
                                minate CSFP benefits, and of an indi-                     a common language, the State agency

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                                Food and Nutrition Service, USDA                                                                    § 247.16

                                must ensure that local agencies pro-                        (3) The Food Stamp Program (7
                                vide other program information, except                    U.S.C. 2011 et seq.).
                                application forms, to such persons in                       (c) Is the value of CSFP benefits count-
                                their appropriate language.                               ed as income or resources for any other
                                                                                          public assistance programs? No. The
                                § 247.14 Other public assistance pro-                     value of benefits received in CSFP may
                                     grams.
                                                                                          not be considered as income or re-
                                   (a) What information on other public                   sources of participants or their fami-
                                assistance programs must the local agency                 lies for any purpose under Federal,
                                provide to women, infants, and children                   State, or local laws, including laws re-
                                applicants? The local agency must pro-                    lating to taxation and public assist-
                                vide CSFP applicants eligible for both                    ance programs.
                                CSFP and WIC with written informa-
                                tion on the WIC Program, to assist                        § 247.15 Notification of eligibility or in-
                                them in choosing the program in which                         eligibility of applicant.
                                they wish to participate. Additionally,
                                the local agency must provide women,                        (a) What is the timeframe for notifying
                                infants, and children applicants with                     an applicant of eligibility or ineligibility
                                written information on the following                      for CSFP benefits? Local agencies must
                                nutrition, health, or public assistance                   notify applicants of their eligibility or
                                programs, and make referrals to these                     ineligibility for CSFP benefits, or their
                                programs as appropriate:                                  placement on a waiting list, within 10
                                   (1) The Medicaid Program, which is                     days from the date of application.
                                the medical assistance program estab-                       (b) What must be included in the notifi-
                                lished under Title XIX of the Social Se-                  cation of eligibility or ineligibility? The
                                curity Act (42 U.S.C. 1396 et seq.), and                  notification of eligibility must include
                                other health insurance programs for                       information on the time, location, and
                                low-income households in the State.                       means of food distribution, and the
                                The State agency must provide local                       length of the certification period. Noti-
                                agencies with materials showing the                       fication of ineligibility must be in
                                income standards utilized in the Med-                     writing, and must include the reason
                                icaid Program;                                            the applicant is not eligible, a state-
                                   (2) The Temporary Assistance for                       ment of the individual’s right to a fair
                                Needy Families (TANF) program under                       hearing to appeal the decision, and a
                                part A of Title IV of the Social Secu-                    statement that informs the applicant
                                rity Act (42 U.S.C. 601 et seq.);                         that program standards are applied
                                   (3) The Child Support Enforcement                      without discrimination by race, color,
                                Program under part D of Title IV of                       national origin, age, sex, or disability.
                                the Social Security Act (42 U.S.C. 651 et
                                seq.); and                                                § 247.16    Certification period.
                                   (4) The Food Stamp Program (7
                                                                                            (a) How long is the certification period?
                                U.S.C. 2011 et seq.).
                                   (b) What information on other public                   (1) Women, infants, and children. For
                                assistance programs must the local agency                 women, infants, and children, the State
                                provide to elderly applicants? The local                  agency must establish certification pe-
                                agency must provide elderly applicants                    riods that may not exceed 6 months in
                                with written information on the fol-                      length. However, pregnant women may
                                lowing programs, and make referrals,                      be certified to participate for the dura-
                                as appropriate:                                           tion of their pregnancy and for up to
                                   (1) Supplemental security income                       six weeks post-partum.
                                benefits provided under Title XVI of                        (2) Elderly persons. For elderly per-
                                the Social Security Act (42 U.S.C. 1381                   sons, the State agency must establish
                                et seq.);                                                 certification periods that may not ex-
                                   (2) Medical assistance provided under                  ceed 6 months in length. However, the
                                Title XIX of the Social Security Act (42                  State agency may authorize local agen-
                                U.S.C. 1396 et seq.), including medical                   cies to extend the certification period
                                assistance provided to a qualified Medi-                  without a formal review of eligibility
                                care beneficiary (42 U.S.C. 1395(p) and                   for additional 6-month periods, as long
                                1396d(5)); and                                            as the following conditions are met:

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                                § 247.17                                                                 7 CFR Ch. II (1–1–07 Edition)

                                  (i) The person’s address and contin-                    the certification period? If a local agency
                                ued interest in receiving program bene-                   has evidence that a participant is no
                                fits are verified;                                        longer eligible for CSFP benefits dur-
                                  (ii) The local agency has sufficient                    ing the certification period, it must
                                reason to believe that the person still                   provide the participant with a written
                                meets the income eligibility standards                    notification of discontinuance at least
                                (e.g., the elderly person has a fixed in-                 15 days before the effective date of dis-
                                come); and                                                continuance.
                                  (iii) No eligible women, infants, or                       (b) What must a local agency do if it
                                children are waiting to be served.                        has to discontinue a participant from par-
                                  (b) On what day of the final month                      ticipation in the program prior to the end
                                does the certification period end? The cer-               of the certification period due to the lack
                                tification period extends to the final                    of resources necessary to continue pro-
                                day of the month in which eligibility                     viding benefits to the participant? If a
                                expires (e.g., the last day of the month                  local agency does not have sufficient
                                in which a child reaches his or her                       resources, such as a sufficient number
                                sixth birthday).                                          of caseload slots, to continue providing
                                  (c) Does the certification period end                   benefits to the participant(s) for the
                                when a participant moves from the local                   entire certification period, it must pro-
                                area in which he or she was receiving                     vide the participant(s) with a written
                                benefits? No. The State agency must en-                   notification of discontinuance at least
                                sure that local agencies serve a CSFP                     15 days before the effective date of dis-
                                participant, or WIC participant (if also                  continuance.
                                eligible for CSFP), who moves from an-                       (c) What must be included in the notifi-
                                other area to an area served by CSFP,                     cation of discontinuance? The notifica-
                                and whose certification period has not                    tion of discontinuance must include
                                expired. The participant must be given                    the effective date of discontinuance,
                                the opportunity to continue to receive                    the reason for the participant’s dis-
                                CSFP benefits for the duration of the                     continuance, a statement of the indi-
                                certification period. If the local agency                 vidual’s right to appeal the discontinu-
                                has a waiting list, the participant must                  ance through the fair hearing process,
                                be placed on its waiting list ahead of                    in accordance with § 247.33(a), and a
                                all other waiting applicants. The local                   statement that informs the applicant
                                agency that determined the partici-                       that program standards are applied
                                pant’s     eligibility     must     provide               without discrimination by race, color,
                                verification of the expiration date of                    national origin, age, sex, or disability.
                                the certification period to the partici-
                                pant upon request.                                        § 247.18 Nutrition education.
                                  (d) What must the local agency do to                       (a) What are the State agency’s respon-
                                ensure that participants are aware of the                 sibilities in ensuring that nutrition edu-
                                expiration of the certification period? The               cation is provided? The State agency
                                local agency must notify program par-                     must establish an overall nutrition
                                ticipants in writing at least 15 days be-                 education plan and must ensure that
                                fore the expiration date that eligibility                 local agencies provide nutrition edu-
                                for the program is about to expire. The                   cation to participants in accordance
                                local agency must include a statement                     with the plan. The State agency may
                                in the written notification that in-                      allow local agencies to share personnel
                                forms the applicant that program                          and educational resources with other
                                standards are applied without discrimi-                   programs in order to provide the best
                                nation by race, color, national origin,                   nutrition education possible to partici-
                                age, sex, or disability.                                  pants. The State agency must establish
                                (Approved by the Office of Management and                 an evaluation procedure to ensure that
                                Budget under control number 0584–0293)                    the nutrition education provided is ef-
                                                                                          fective. The evaluation procedure must
                                § 247.17 Notification of discontinuance                   include participant input and must be
                                     of participant.                                      directed by a nutritionist or other
                                   (a) What must a local agency do if it                  qualified professional. The evaluation
                                has evidence that a participant is no                     may be conducted by the State or local
                                longer eligible for CSFP benefits during                  agency, or by another agency under

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                                Food and Nutrition Service, USDA                                                                    § 247.20

                                agreement with the State or local                         pation. In accordance with § 247.8(a)(1),
                                agency.                                                   the local agency must check the iden-
                                  (b) What type of nutrition education                    tification of all applicants when they
                                must the local agency provide? The local                  are certified or recertified. In accord-
                                agency must provide nutrition edu-                        ance with § 247.8(b), the local agency
                                cation that can be easily understood by                   must ensure that the applicant, or the
                                participants and is related to their nu-                  adult parent or caretaker of the appli-
                                tritional needs and household situa-                      cant, signs an application form which
                                tions. The local agency must provide                      includes a statement advising the ap-
                                nutrition education that includes the                     plicant that he or she may not receive
                                following information, which should                       both CSFP and WIC benefits simulta-
                                account for specific ethnic and cultural                  neously, or CSFP benefits at more than
                                characteristics whenever possible:                        one CSFP site at the same time.
                                  (1) The nutritional value of CSFP                          (b) What must the local agency do if a
                                foods, and their relationship to the                      CSFP participant is found to be commit-
                                overall dietary needs of the population                   ting dual participation? A participant
                                groups served;                                            found to be committing dual participa-
                                  (2) Nutritious ways to use CSFP
                                                                                          tion must be discontinued from one of
                                foods;
                                                                                          the programs (WIC or CSFP), or from
                                  (3) Special nutritional needs of par-
                                                                                          participation at more than one CSFP
                                ticipants and how these needs may be
                                                                                          site. Whenever an individual’s partici-
                                met;
                                  (4) For pregnant and postpartum                         pation in CSFP is discontinued, the
                                women, the benefits of breastfeeding;                     local agency must notify the individual
                                  (5) The importance of health care,                      of the discontinuance, in accordance
                                and the role nutrition plays in main-                     with § 247.17. The individual may appeal
                                taining good health; and                                  the discontinuance through the fair
                                  (6) The importance of the use of the                    hearing process, in accordance with
                                foods by the participant to whom they                     § 247.33(a).     In   accordance     with
                                are distributed, and not by another                       § 247.20(b), if the dual participation re-
                                person.                                                   sulted from the participant, or the par-
                                  (c) To whom must local agencies provide                 ent or caretaker of the participant,
                                nutrition education? The local agency                     making false or misleading statements,
                                must make nutrition education avail-                      or intentionally withholding informa-
                                able to all adult participants and to                     tion, the local agency must disqualify
                                parents or caretakers of infants and                      the participant from CSFP, unless the
                                child participants. Local agencies are                    local agency determines that disquali-
                                encouraged to make nutrition edu-                         fication would result in a serious
                                cation available to children, where ap-                   health risk. The local agency must also
                                propriate.                                                initiate a claim against the participant
                                  (d) May CSFP foods be used in cooking                   to recover the value of CSFP benefits
                                demonstrations? Yes. The State or local                   improperly received, in accordance
                                agency, or another agency with which                      with § 247.30(c).
                                it has signed an agreement, may use
                                                                                          (Approved by the Office of Management and
                                CSFP foods to conduct cooking dem-
                                                                                          Budget under control number 0584–0293)
                                onstrations as part of the nutrition
                                education provided to program partici-                    § 247.20    Program violations.
                                pants, but not for other purposes.
                                                                                            (a) What are program violations in
                                § 247.19 Dual participation.                              CSFP? Program violations are actions
                                   (a) What must State and local agencies                 taken by CSFP applicants or partici-
                                do to prevent and detect dual participa-                  pants, or the parents or caretakers of
                                tion? The State agency must work with                     applicants or participants, to obtain or
                                the State WIC agency to develop a plan                    use CSFP benefits improperly. Pro-
                                to prevent and detect dual participa-                     gram violations include the following
                                tion, in accordance with an agreement                     actions:
                                signed by both agencies. The State                          (1) Intentionally making false or mis-
                                agency must also work with local agen-                    leading statements, orally or in writ-
                                cies to prevent and detect dual partici-                  ing;

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                                § 247.21                                                                 7 CFR Ch. II (1–1–07 Edition)

                                  (2) Intentionally withholding infor-                    a caseload to each State agency to
                                mation pertaining to eligibility in                       allow persons meeting the eligibility
                                CSFP;                                                     criteria listed under § 247.9 to partici-
                                  (3) Selling commodities obtained in                     pate in the program, up to the caseload
                                the program, or exchanging them for                       limit. To the extent that resources are
                                non-food items;                                           available, FNS assigns caseload to
                                  (4) Physical abuse, or threat of phys-                  State agencies in the following order:
                                ical abuse, of program staff; or                            (1) Base caseload. The State agency
                                  (5) Committing dual participation.                      may not receive base caseload in excess
                                  (b) What are the penalties for commit-                  of its total caseload assigned for the
                                ting program violations? If applicants or                 previous caseload cycle. Base caseload
                                participants, or the parents or care-                     is determined in the following manner:
                                takers of applicants or participants,                       (i) Each State agency entering its
                                commit program violations, the State                      second year of program participation
                                agency may require local agencies to                      receives base caseload equal to the
                                disqualify the applicants or partici-                     amount assigned to it in its first year
                                pants for a period of up to one year.                     of participation; and
                                However, if the local agency deter-                         (ii) A State agency that has partici-
                                mines that disqualification would re-                     pated in two or more caseload cycles
                                sult in a serious health risk, the dis-                   receives base caseload equal to the
                                qualification may be waived. For pro-                     highest of:
                                gram violations that involve fraud, the                     (A) Average monthly participation
                                State agency must require local agen-                     for the previous fiscal year; or
                                cies to disqualify the participant from
                                                                                            (B) Average monthly participation
                                CSFP for a period of up to one year,
                                                                                          for the last quarter of the previous fis-
                                unless the local agency determines
                                                                                          cal year; or
                                that disqualification would result in a
                                serious health risk. The State agency                       (C) Participation during September
                                must require local agencies to perma-                     of the previous fiscal year, but only if:
                                nently disqualify a participant who                         (1) The full-year appropriation for
                                commits three program violations that                     the preceding fiscal year was enacted
                                involve fraud. For purposes of this pro-                  on or after February 15; and
                                gram, fraud includes:                                       (2) The State agency received addi-
                                  (1) Intentionally making false or mis-                  tional caseload equal to or greater
                                leading statements to obtain CSFP                         than 10 percent of its base caseload in
                                commodities;                                              the previous caseload cycle; and
                                  (2) Intentionally withholding infor-                      (3) October participation in the cur-
                                mation to obtain CSFP commodities;                        rent fiscal year was equal to or greater
                                or                                                        than 95 percent of September participa-
                                  (3) Selling CSFP commodities, or ex-                    tion in the previous fiscal year.
                                changing them for non-food items.                           (2) Additional caseload. Each partici-
                                  (c) What must the local agency do to                    pating State agency may request addi-
                                notify the individual of disqualification                 tional caseload to increase service to
                                from CSFP? The local agency must pro-                     women, infants, and children, and the
                                vide the individual with written notifi-                  elderly. Requests by State agencies to
                                cation of disqualification from CSFP                      increase service to women, infants, and
                                at least 15 days before the effective                     children receive priority over requests
                                date of disqualification. The notifica-                   to increase service to the elderly. Eli-
                                tion must include the effective date                      gibility for and assignment of addi-
                                and period of disqualification, the rea-                  tional caseload are determined in the
                                son for the disqualification, and a                       following manner:
                                statement that the individual may ap-                       (i) A State agency entering its second
                                peal the disqualification through the                     year of program participation qualifies
                                fair hearing process, in accordance                       to receive additional caseload if the
                                with § 247.33(a).                                         State achieved a participation level
                                                                                          which was equal to or greater than 95
                                § 247.21 Caseload assignment.                             percent of assigned caseload for the
                                   (a) How does FNS assign caseload to                    previous caseload cycle, based on the
                                State agencies? Each year, FNS assigns                    highest of:

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                                Food and Nutrition Service, USDA                                                                    § 247.22

                                  (A) Average monthly participation                         (C) Program participation trends in
                                for the previous fiscal year; or                          the State in previous fiscal years; and
                                  (B) Average monthly participation                         (D) Other information provided by
                                for the last quarter of the previous fis-                 the State agency in support of the re-
                                cal year; or                                              quest.
                                  (C) Participation during September                        (3) New caseload. Each State agency
                                of the previous fiscal year, but only if:                 requesting to begin participation in the
                                  (1) The full-year appropriation for                     program, and with an approved State
                                the preceding fiscal year was enacted                     Plan, may receive caseload to serve
                                on or after February 15; and                              women, infants, and children, and the
                                  (2) October participation in the cur-                   elderly, as requested in the State Plan.
                                rent fiscal year was equal to or greater                  State agency requests to initiate serv-
                                than 95 percent of September participa-                   ice to women, infants, and children re-
                                tion in the previous fiscal year.                         ceive priority over requests to initiate
                                  (ii) A State agency that has partici-                   service to the elderly. Of the State
                                pated in two or more caseload cycles                      agency’s caseload request, FNS assigns
                                qualifies to receive additional caseload                  caseload in an amount that it deter-
                                if the State achieved a participation                     mines the State needs and can effi-
                                level which was equal to or greater                       ciently utilize. This determination is
                                than 95 percent of assigned caseload for                  made based on information contained
                                the previous caseload cycle, based on                     in the State Plan and on other relevant
                                the highest of:                                           information. However, if all caseload
                                  (A) Average monthly participation                       requests cannot be met, FNS will as-
                                for the previous fiscal year; or                          sign caseload to those States that are
                                                                                          most likely to utilize it.
                                  (B) Average monthly participation
                                                                                            (b) When does FNS assign caseload to
                                for the last quarter of the previous fis-
                                                                                          State agencies? FNS must assign case-
                                cal year; or
                                                                                          load to State agencies by December 31
                                  (C) Participation during September
                                                                                          of each year, or within 30 days after en-
                                of the previous fiscal year, but only if:
                                                                                          actment of appropriations legislation
                                  (1) The full-year appropriation for                     covering the full fiscal year, whichever
                                the preceding fiscal year was enacted                     comes later. Caseload assignments for
                                on or after February 15; and                              the previous caseload cycle will remain
                                  (2) The State agency received addi-                     in effect, subject to the availability of
                                tional caseload equal to or greater                       sufficient funding, until caseload as-
                                than 10 percent of its base caseload in                   signments are made for the current
                                the previous caseload cycle; and                          caseload cycle.
                                  (3) October participation in the cur-                     (c) How do State agencies request addi-
                                rent fiscal year was equal to or greater                  tional caseload for the next caseload
                                than 95 percent of September participa-                   cycle? In accordance with § 247.6(d), a
                                tion in the previous fiscal year.                         State agency that would like addi-
                                  (iii) Of each eligible State agency’s                   tional caseload for the next caseload
                                request for additional caseload, FNS                      cycle (beginning the following January
                                assigns an amount that it determines                      1) must submit a request for additional
                                the State needs and can efficiently uti-                  caseload by November 5, as an amend-
                                lize. In making this determination,                       ment to the State Plan. The State
                                FNS considers the factors listed below,                   agency must also describe plans for
                                in descending order of importance. If                     serving women, infants, and children,
                                all reasonable requests for additional                    and the elderly, at new sites in this
                                caseload cannot be met, FNS assigns it                    submission.
                                to those States that are most likely to
                                utilize it. The factors are:                              § 247.22 Allocation and disbursement
                                  (A) Program participation of women,                         of administrative funds to State
                                infants, and children, and the elderly                        agencies.
                                in the State, in the previous fiscal                         (a) What must State agencies do to be
                                year;                                                     eligible to receive administrative funds? In
                                  (B) The percentage of caseload uti-                     order to receive administrative funds,
                                lized by the State in the previous fiscal                 the State agency must have signed an
                                year;                                                     agreement with FNS to operate the

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                                § 247.23                                                                 7 CFR Ch. II (1–1–07 Edition)

                                program,        in    accordance      with                may retain for its own use the amount
                                § 247.4(a)(1), and must have an approved                  determined by the following formula:
                                State Plan.                                                 (1) 15 percent of the first $50,000 re-
                                   (b) How does FNS allocate administra-                  ceived;
                                tive funds to State agencies? (1) As re-                    (2) 10 percent of the next $100,000 re-
                                quired by law, each fiscal year FNS al-                   ceived;
                                locates to each State agency an admin-                      (3) 5 percent of the next $250,000 re-
                                istrative grant per assigned caseload                     ceived; and
                                slot, adjusted each year for inflation.
                                   (2) For fiscal year 2003, the amount of                  (4) A maximum of $30,000, if the ad-
                                the grant per assigned caseload slot                      ministrative grant exceeds $400,000.
                                was equal to the per-caseload slot                          (b) May a State agency request to retain
                                amount provided in fiscal year 2001, ad-                  more than the amount determined by the
                                justed by the percentage change be-                       above formula in the event of special
                                tween:                                                    needs? Yes, the State agency may re-
                                   (i) The value of the State and local                   quest approval from FNS to retain a
                                government price index, as published                      larger amount than is allowed under
                                by the Bureau of Economic Analysis of                     the formula prescribed in paragraph (a)
                                the Department of Commerce, for the                       of this section. However, in making its
                                12-month period ending June 30, 2001;                     request, the State agency must provide
                                and                                                       justification of the need for the larger
                                   (ii) The value of that index for the 12-               amount at the State level, and must
                                month period ending June 30, 2002.                        ensure that local agencies will not suf-
                                   (3) For subsequent fiscal years, the                   fer undue hardship as a result of a re-
                                amount of the grant per assigned case-                    duction in administrative funds.
                                load slot is equal to the amount of the                     (c) How must the State agency dis-
                                grant per assigned caseload slot for the                  tribute funds among local agencies? The
                                preceding fiscal year, adjusted by the                    State agency must distribute funds
                                percentage change between:                                among local agencies on the basis of
                                   (i) The value of the State and local                   their respective needs, and in a manner
                                government price index, as published                      that ensures the funds will be used to
                                by the Bureau of Economic Analysis of                     achieve program objectives.
                                the Department of Commerce, for the
                                12-month period ending June 30 of the                     (Approved by the Office of Management and
                                second preceding fiscal year; and                         Budget under control number 0584–0293)
                                   (ii) The value of that index for the 12-
                                month period ending June 30 of the pre-                   § 247.24 Recovery and redistribution
                                                                                              of caseload and administrative
                                ceding fiscal year.                                           funds.
                                   (c) How do State agencies access admin-
                                istrative funds? FNS provides adminis-                       (a) May FNS recover and redistribute
                                trative funds to State agencies on a                      caseload and administrative funds as-
                                quarterly basis. Such funds are pro-                      signed to a State agency? Yes. FNS may
                                vided by means of a Letter of Credit,                     recover and redistribute caseload and
                                unless other funding arrangements                         administrative funds assigned to a
                                have been made with FNS. The State                        State agency during the fiscal year.
                                agency obtains the funds by electroni-                    FNS will redistribute these resources
                                cally accessing its Letter of Credit ac-                  to other State agencies in accordance
                                count.                                                    with the provisions of §§ 247.21(a) and
                                (Approved by the Office of Management and                 247.22(b). In reassigning caseload, FNS
                                Budget under control number 0584–0293)                    will use the most up-to-date data on
                                                                                          participation and the extent to which
                                § 247.23 State provision of administra-                   caseload is being utilized, as well as
                                     tive funds to local agencies.                        other information provided by State
                                   (a) How much of the administrative                     agencies.        In    accordance     with
                                funds must State agencies provide to local                § 247.21(a)(2), in instances in which FNS
                                agencies for their use? The State agency                  recovers caseload slots, the State agen-
                                must provide to local agencies for their                  cy must use 95 percent of its original
                                use all administrative funds it re-                       caseload allocation to be eligible for
                                ceives, except that the State agency                      additional caseload. However, the

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                                Food and Nutrition Service, USDA                                                                    § 247.25

                                State agency must not exceed its re-                      lowable uses of administrative funds in
                                duced caseload allocation on an aver-                     CSFP include:
                                age monthly basis.                                          (1) The cost of alteration of facilities
                                  (b) Is there a limit on the amount of                   not required specifically for the pro-
                                caseload slots or administrative funds that               gram; and
                                FNS may recover? Yes. FNS will not uni-                     (2) Actual losses which could have
                                laterally recover caseload that would                     been covered by permissible insurance
                                result in the recovery of more than 50                    (through an approved self-insurance
                                percent of the State’s administrative                     program or by other means).
                                funds. However, in instances in which                       (c) What costs are allowable only with
                                the State agency requests that FNS re-                    prior approval of FNS? Capital expendi-
                                cover any portion of its assigned case-                   tures, which include the acquisition of
                                load, the 50-percent limitation will not                  facilities or equipment, or enhance-
                                apply.                                                    ments to such capital assets, with a
                                                                                          cost per unit of at least $5,000, are al-
                                § 247.25 Allowable uses of administra-                    lowable only with prior approval of
                                    tive funds and other funds.                           FNS. Examples of equipment include
                                  (a) What are allowable uses of adminis-                 automated information systems, auto-
                                trative funds provided to State and local                 mated data processing equipment, and
                                agencies? Administrative funds may be                     other computer hardware and software.
                                used for costs that are necessary to en-                    (d) What procedures must State and
                                sure the efficient and effective admin-                   local agencies use in procuring property,
                                istration of the program, in accordance                   equipment, or services with program
                                with parts 3016 and 3019 of this title.                   funds, and disposing of such property or
                                Part 3016 of this title contains the                      equipment? The procedures that State
                                rules for management of Federal                           and local agencies must follow in pro-
                                grants to State, local, and Indian tribal                 curing property, equipment, or services
                                governments, and part 3019 of this title                  with program funds, or disposing of
                                contains the grants management rules                      such property or equipment, are con-
                                for nonprofit organizations. These de-                    tained in parts 3016 and 3019 of this
                                partmental regulations incorporate by                     title. State, local, and Indian tribal
                                reference OMB Circulars A–87 (Cost                        governments must comply with part
                                Principles for State, Local, and Indian                   3016 of this title, while nonprofit sub-
                                Tribal Governments) and A–122 (Cost                       grantees must comply with part 3019 of
                                Principles for Non-Profit Organiza-                       this title. State and local agencies may
                                tions), which set out the principles for                  use procurement procedures estab-
                                determining whether specific costs are                    lished by State and local regulations as
                                allowable. For availability of OMB Cir-                   long as these procedures do not conflict
                                culars referenced in this section, see 5                  with Federal regulations. Federal regu-
                                CFR 1310.3. Some examples of allowable                    lations do not relieve State or local
                                costs in CSFP include:                                    agencies from responsibilities estab-
                                  (1) Storing, transporting, and distrib-                 lished in contracts relating to procure-
                                uting foods;                                              ment of property, equipment, or serv-
                                                                                          ices. The State agency is the respon-
                                  (2) Determining the eligibility of pro-
                                                                                          sible authority regarding the settle-
                                gram applicants;
                                                                                          ment of all contractual and adminis-
                                  (3) Program outreach;
                                                                                          trative issues arising out of procure-
                                  (4) Nutrition education;                                ments for the program.
                                  (5) Audits and fair hearings;                             (e) What is program income and how
                                  (6) Monitoring and review of program                    must State and local agencies use it? Pro-
                                operations; and                                           gram income is income directly gen-
                                  (7) Transportation of participants to                   erated from program activities. It in-
                                and from the local agency, if necessary.                  cludes, for example, income from the
                                  (b) What are unallowable uses of ad-                    sale of packing containers or pallets,
                                ministrative funds? In addition to those                  and the salvage of commodities. Pro-
                                costs determined to be unallowable by                     gram income does not include interest
                                the principles contained in the OMB                       earned from administrative funds.
                                circulars referenced in paragraph (a) of                  State and local agencies must use pro-
                                this section, specific examples of unal-                  gram income for allowable program

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                                § 247.26                                                                 7 CFR Ch. II (1–1–07 Edition)

                                costs, in accordance with part 3016 of                    nancial management system that al-
                                this title.                                               lows them to meet Federal require-
                                  (f) How must State and local agencies                   ments.
                                use funds recovered as a result of claims                   (b) What are some of the major compo-
                                actions? The State agency must use                        nents of the State agency’s financial man-
                                funds recovered as a result of claims                     agement system? In addition to other re-
                                actions against subdistributing or local                  quirements, the State agency’s finan-
                                agencies in accordance with the provi-                    cial management system must provide
                                sions of § 250.15(c) of this chapter. The                 for:
                                State agency must use funds recovered                       (1) Prompt and accurate payment of
                                as a result of claims actions against                     allowable costs;
                                participants for allowable program                          (2) Timely disbursement of funds to
                                costs. The State agency may authorize                     local agencies;
                                local agencies to use such funds for al-                    (3) Timely and appropriate resolution
                                lowable program costs incurred at the                     of claims and audit findings; and
                                local level.                                                (4) Maintenance of records identi-
                                                                                          fying the receipt and use of administra-
                                § 247.26 Return       of   administrative                 tive funds, funds recovered as a result
                                     funds.                                               of claims actions, program income (as
                                   (a) Must State agencies return adminis-                defined under § 247.25(e)), and property
                                trative funds that they do not use at the                 and other assets procured with pro-
                                end of the fiscal year? Yes. If, by the end               gram funds.
                                of the fiscal year, a State agency has
                                not obligated all of its allocated ad-                    § 247.28 Storage and inventory of com-
                                ministrative funds, the unobligated                            modities.
                                funds must be returned to FNS.                               (a) What are the requirements for stor-
                                   (b) What happens to administrative                     age of commodities? State and local
                                funds that are returned by State agencies                 agencies must provide for storage of
                                at the end of the fiscal year? If, in the                 commodities that protects them from
                                following fiscal year, OMB reappor-                       theft, spoilage, damage or destruction,
                                tions the returned administrative                         or other loss. State and local agencies
                                funds, the funds are used to support the                  may contract with commercial facili-
                                program. Such funds are not returned                      ties to store and distribute commod-
                                to State agencies in the form of admin-                   ities. The required standards for
                                istrative funds in addition to the legis-                 warehousing and distribution systems,
                                latively mandated grant per assigned                      and for contracts with storage facili-
                                caseload slot.                                            ties, are included under § 250.14 of this
                                (Approved by the Office of Management and
                                                                                          chapter.
                                Budget under control number 0584–0293)                       (b) What are the requirements for the
                                                                                          inventory of commodities? A physical in-
                                § 247.27 Financial management.                            ventory of all USDA commodities must
                                   (a) What are the Federal requirements                  be conducted annually at each storage
                                for State and local agencies with regard to               and distribution site where these com-
                                financial management? State and local                     modities are stored. Results of the
                                public agencies must maintain a finan-                    physical inventory must be reconciled
                                cial management system that complies                      with inventory records and maintained
                                with the Federal regulations contained                    on file by the State or local agency.
                                in part 3016 of this title, while non-                    (Approved by the Office of Management and
                                profit organizations must comply with                     Budget under control number 0584–0293)
                                the Federal regulations contained in
                                part 3019 of this title. The State agen-                  § 247.29 Reports and recordkeeping.
                                cy’s financial management system                             (a) What recordkeeping requirements
                                must provide accurate, current, and                       must State and local agencies meet? State
                                complete disclosure of the financial                      and local agencies must maintain accu-
                                status of the program, including an ac-                   rate and complete records relating to
                                counting of all program funds received                    the receipt, disposal, and inventory of
                                and expended each fiscal year. The                        commodities, the receipt and disburse-
                                State agency must ensure that local                       ment of administrative funds and other
                                agencies develop and implement a fi-                      funds, eligibility determinations, fair

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                                Food and Nutrition Service, USDA                                                                    § 247.30

                                hearings, and other program activities.                   expended and obligated, and the
                                State and local agencies must also                        amount remaining unobligated.
                                maintain records pertaining to liabil-                       (3) FNS–191, Racial/Ethnic Group Par-
                                ity for any improper distribution of,                     ticipation. Local agencies must submit
                                use of, loss of, or damage to commod-                     a report of racial/ethnic participation
                                ities, and the results obtained from the                  each year, using the FNS–191.
                                pursuit of claims arising in favor of the                    (c) Is there any other information that
                                State or local agency. All records must                   State and local agencies must provide to
                                be retained for a period of three years                   FNS? FNS may require State and local
                                from the end of the fiscal year to which                  agencies to provide data collected in
                                they pertain, or, if they are related to                  the program to aid in the evaluation of
                                unresolved claims actions, audits, or                     the effect of program benefits on the
                                investigations, until those activities                    low-income populations served. Any
                                have been resolved. All records must be                   such requests for data will not include
                                available during normal business hours                    identification of particular individuals.
                                for use in management reviews, audits,                    (Approved by the Office of Management and
                                investigations, or reports of the Gen-                    Budget under control numbers 0584–0025,
                                eral Accounting Office.                                   0584–0293)
                                  (b) What reports must State and local
                                                                                          § 247.30 Claims.
                                agencies submit to FNS? State agencies
                                must submit the following reports to                         (a) What happens if a State or local
                                FNS:                                                      agency misuses program funds? If FNS
                                  (1) SF–269A, Financial Status Report.                   determines that a State or local agen-
                                The State agency must submit the SF–                      cy has misused program funds through
                                269A, Financial Status Report, to re-                     negligence, fraud, theft, embezzlement,
                                port the financial status of the pro-                     or other causes, FNS must initiate and
                                gram at the close of the fiscal year.                     pursue a claim against the State agen-
                                This report must be submitted within                      cy to repay the amount of the misused
                                90 days after the end of the fiscal year.                 funds. The State agency will be given
                                Obligations must be reported for the                      the opportunity to contest the claim.
                                                                                          The State agency is responsible for ini-
                                fiscal year in which they occur. Re-
                                                                                          tiating and pursuing claims against
                                vised reports may be submitted at a
                                                                                          subdistributing and local agencies if
                                later date, but FNS will not be respon-
                                                                                          they misuse program funds.
                                sible for reimbursing unpaid obliga-
                                                                                             (b) What happens if a State or local
                                tions later than one year after the end
                                                                                          agency misuses program commodities? If a
                                of the fiscal year in which they were
                                                                                          State or local agency misuses program
                                incurred.
                                                                                          commodities, FNS must initiate a
                                  (2) FNS–153, Monthly Report of the                      claim against the State agency to re-
                                Commodity Supplemental Food Program                       cover the value of the misused com-
                                and Quarterly Administrative Financial                    modities. The procedures for pursuing
                                Status Report. The State agency must                      claims resulting from misuse of com-
                                submit the FNS–153 on a monthly                           modities are detailed in § 250.15(c) of
                                basis. FNS may permit the data con-                       this chapter. Misused commodities in-
                                tained in the report to be submitted                      clude commodities improperly distrib-
                                less frequently, or in another format.                    uted or lost, spoiled, stolen, or dam-
                                The report must be submitted within 30                    aged as a result of improper storage,
                                days after the end of the reporting pe-                   care, or handling. The State agency is
                                riod. On the FNS–153, the State agency                    responsible for initiating and pursuing
                                reports:                                                  claims against subdistributing agen-
                                  (i) The number of program partici-                      cies, local agencies, or other agencies
                                pants in each population category (e.g.,                  or organizations if they misuse pro-
                                infants, children, and elderly);                          gram commodities. The State agency
                                  (ii) The receipt and distribution of                    must use funds recovered as a result of
                                commodities, and beginning and ending                     claims for commodity losses in accord-
                                inventories, as well as other com-                        ance with § 250.15(c) of this chapter.
                                modity data; and                                             (c) What happens if a participant im-
                                  (iii) On a quarterly basis, the cumu-                   properly receives or uses CSFP benefits
                                lative amount of administrative funds                     through fraud? The State agency must

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                                § 247.31                                                                 7 CFR Ch. II (1–1–07 Edition)

                                ensure that a local agency initiates a                      (4) Applicable laws, regulations, and
                                claim against a participant to recover                    administrative requirements are fol-
                                the value of CSFP commodities im-                         lowed.
                                properly received or used if the local                      (b) When may the Department conduct
                                agency determines that the partici-                       an audit or investigation of the program?
                                pant, or the parent or caretaker of the                   The Department may conduct an audit
                                participant, fraudulently received or                     of the program at the State or local
                                used the commodities. For purposes of                     agency level at its discretion, or may
                                this program, fraud includes inten-                       investigate an allegation that the
                                tionally making false or misleading                       State or local agency has not complied
                                statements, or intentionally with-                        with Federal requirements. An inves-
                                holding information, to obtain CSFP                       tigation may include a review of any
                                commodities, or the selling or ex-                        State or local agency policies or prac-
                                change of CSFP commodities for non-                       tices related to the specific area of con-
                                food items. The local agency must ad-                     cern.
                                vise the participant of the opportunity                     (c) What are the responsibilities of the
                                to appeal the claim through the fair                      State agency in responding to an audit by
                                hearing process, in accordance with                       the Department? In responding to an
                                § 247.33(a). The local agency must also                   audit by the Department, the State
                                disqualify the participant from CSFP                      agency must:
                                for a period of up to one year, unless                      (1) Provide access to any records or
                                the local agency determines that dis-                     documents compiled by the State or
                                qualification would result in a serious                   local agencies, or contractors; and
                                health risk, in accordance with the re-                     (2) Submit a response or statement to
                                quirements of § 247.20(b).                                FNS describing the actions planned or
                                   (d) What procedures must be used in                    taken in response to audit findings or
                                pursuing claims against participants? The                 recommendations. The corrective ac-
                                State agency must establish standards,                    tion plan must include time frames for
                                based on a cost-benefit review, for de-                   implementation and completion of ac-
                                termining when the pursuit of a claim                     tions. FNS will determine if actions or
                                is cost-effective, and must ensure that                   planned actions adequately respond to
                                local agencies use these standards in                     the program deficiencies identified in
                                determining if a claim is to be pursued.                  the audit. If additional actions are
                                In pursuing a claim against a partici-                    needed, FNS will schedule a follow-up
                                pant, the local agency must:                              review and allow sufficient time for
                                   (1) Issue a letter demanding repay-                    further corrective actions. The State
                                ment for the value of the commodities                     agency may also take exception to par-
                                improperly received or used;                              ticular audit findings or recommenda-
                                   (2) If repayment is not made in a                      tions.
                                timely manner, take additional collec-                      (d) When is a State or local agency
                                tion actions that are cost-effective, in                  audit required? State and local agency
                                accordance with the standards estab-                      audits must be conducted in accord-
                                lished by the State agency; and                           ance with part 3052 of this title, which
                                   (3) Maintain all records regarding                     contains the Department’s regulations
                                claims actions taken against partici-                     pertaining to audits of States, local
                                pants, in accordance with § 247.29.                       governments, and nonprofit organiza-
                                (Approved by the Office of Management and                 tions. The value of CSFP commodities
                                Budget under control number 0584–0293)                    distributed by the agency or organiza-
                                                                                          tion must be considered part of the
                                § 247.31 Audits and investigations.                       Federal award.
                                   (a) What is the purpose of an audit?                     (e) What are the requirements for State
                                The purpose of an audit is to ensure                      or local agency audits? State and local
                                that:                                                     agency audits must be conducted in ac-
                                   (1) Financial operations are properly                  cordance with the requirements of part
                                conducted;                                                3052 of this title, which contains the
                                   (2) Financial reports are fairly pre-                  Department’s regulations pertaining to
                                sented;                                                   audits of States, local governments,
                                   (3) Proper inventory controls are                      and nonprofit organizations. The State
                                maintained; and                                           agency must ensure that local agencies

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                                Food and Nutrition Service, USDA                                                                    § 247.33

                                meet the audit requirements. The                          with the requirements of this part. The
                                State agency must ensure that all                         State agency must notify the local
                                State or local agency audit reports are                   agency in writing of the termination,
                                available for FNS review.                                 the reasons for the action, and the ef-
                                (Approved by the Office of Management and                 fective date, and must provide the
                                Budget under control number 0584–0293)                    local agency with an opportunity to
                                                                                          appeal, in accordance with § 247.35. (The
                                § 247.32 Termination of agency partici-                   local agency may appeal the termi-
                                     pation.                                              nation in accordance with § 247.35.)
                                   (a) When may a State agency’s partici-                    (2) Termination by local agency. The
                                pation in CSFP be terminated? While                       local agency may terminate the pro-
                                paragraphs (a)(1), (a)(2), and (a)(3) of                  gram, in whole or in part, upon written
                                this section, as applicable, describe the                 notification to the State agency, stat-
                                circumstances and basic procedures for                    ing the reasons and effective date of
                                terminating State agency programs,                        the     action.   In   accordance     with
                                specific actions and procedures relat-                    § 247.4(b)(6), which relates to the termi-
                                ing to program termination are more                       nation of agreements, either party
                                fully described in part 3016 of this title.               must provide, at minimum, 30 days’
                                   (1) Termination by FNS. FNS may ter-                   written notice.
                                minate a State agency’s participation                        (3) Termination by mutual agreement.
                                in CSFP, in whole or in part, if the                      The local agency’s program may also
                                State agency does not comply with the                     be terminated, in whole or in part, if
                                requirements of this part. FNS must                       both the State and local agency agree
                                provide written notification to the                       that the action would be in the best in-
                                State agency of termination, including                    terest of the program. The two parties
                                the reasons for the action, and the ef-                   must agree upon the conditions of the
                                fective date.                                             termination, including the effective
                                   (2) Termination by State agency. The                   date.
                                State agency may terminate the pro-
                                gram, in whole or in part, upon written                   § 247.33    Fair hearings.
                                notification to FNS, stating the rea-
                                sons and effective date of the action. In                   (a) What is a fair hearing? A fair hear-
                                accordance with § 247.4(b)(6), which re-                  ing is a process that allows a CSFP ap-
                                lates to the termination of agreements,                   plicant or participant to appeal an ad-
                                either party must provide, at min-                        verse action, which may include the de-
                                imum, 30 days’ written notice.                            nial or discontinuance of program ben-
                                   (3) Termination by mutual agreement.                   efits, disqualification from the pro-
                                The State agency’s program may also                       gram, or a claim to repay the value of
                                be terminated, in whole or in part, if                    commodities received as a result of
                                both parties agree the action would be                    fraud. State and local agencies must
                                in the best interest of the program.                      ensure that CSFP applicants and par-
                                The two parties must agree upon the                       ticipants understand their right to ap-
                                conditions of the termination, includ-                    peal an adverse action through the fair
                                ing the effective date.                                   hearing process, which includes pro-
                                   (b) When may a local agency’s partici-                 viding written notification of the indi-
                                pation in CSFP be terminated? While                       vidual’s right to a fair hearing along
                                paragraphs (b)(1), (b)(2), and (b)(3) of                  with notification of the adverse action.
                                this section, as applicable, describe the                 Such notification is not required at the
                                circumstances and basic procedures in                     expiration of a certification period.
                                termination of local agency programs,                       (b) What are the basic requirements the
                                specific actions and procedures relat-                    State agency must follow in establishing
                                ing to program termination are more                       procedures to be used in fair hearings?
                                fully described in part 3016 of this title.               The State agency must establish sim-
                                   (1) Termination by State agency. The                   ple, clear, uniform rules of procedure
                                State agency may terminate a local                        to be used in fair hearings, including,
                                agency’s participation in CSFP, or may                    at a minimum, the procedures outlined
                                be required to terminate a local agen-                    in this section. The State agency may
                                cy’s participation, in whole or in part,                  use alternate procedures if approved by
                                if the local agency does not comply                       FNS. The rules of procedure must be

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                                § 247.33                                                                 7 CFR Ch. II (1–1–07 Edition)

                                available for public inspection and                         (h) What are the individual’s rights in
                                copying.                                                  the actual conduct of the hearing? The
                                  (c) How may an individual request a                     individual must have the opportunity
                                fair hearing? An individual, or an indi-                  to:
                                vidual’s parent or caretaker, may re-                       (1) Examine documents supporting
                                quest a fair hearing by making a clear                    the State or local agency’s decision be-
                                expression, verbal or written, to a                       fore and during the hearing;
                                State or local agency official, that an                     (2) Be assisted or represented by an
                                appeal of the adverse action is desired.                  attorney or other persons;
                                  (d) How much time does an individual                      (3) Bring witnesses;
                                have to request a fair hearing? The State                   (4) Present arguments;
                                or local agency must allow an indi-                         (5) Question or refute testimony or
                                vidual at least 60 days from the date                     evidence, including an opportunity to
                                the agency mails or gives the indi-                       confront and cross-examine others at
                                vidual the notification of adverse ac-                    the hearing; and,
                                tion to request a fair hearing.                             (6) Submit evidence to help establish
                                  (e) When may a State or local agency                    facts and circumstances.
                                deny a request for a fair hearing? The                      (i) Who is responsible for conducting
                                State or local agency may deny a re-                      the fair hearing, and what are the specific
                                quest for a fair hearing when:                            responsibilities of that person? The fair
                                  (1) The request is not received within                  hearing must be conducted by an im-
                                the time limit established in paragraph                   partial official who does not have any
                                (d) of this section;                                      personal stake or involvement in the
                                  (2) The request is withdrawn in writ-                   decision and who was not directly in-
                                ing by the individual requesting the                      volved in the initial adverse action
                                hearing or by an authorized representa-                   that resulted in the hearing. The hear-
                                tive of the individual; or                                ing official is responsible for:
                                  (3) The individual fails to appear,                       (1) Administering oaths or affirma-
                                without good cause, for the scheduled                     tions, as required by the State;
                                hearing.                                                    (2) Ensuring that all relevant issues
                                  (f) Does the request for a fair hearing                 are considered;
                                have any effect on the receipt of CSFP                      (3) Ensuring that all evidence nec-
                                benefits? Participants who appeal the                     essary for a decision to be made is pre-
                                discontinuance of program benefits                        sented at the hearing, and included in
                                within the 15-day advance notification                    the record of the hearing;
                                period required under §§ 247.17 and                         (4) Ensuring that the hearing is con-
                                247.20 must be permitted to continue to                   ducted in an orderly manner, in accord-
                                receive benefits until a decision on the                  ance with due process; and
                                appeal is made by the hearing official,                     (5) Making a hearing decision.
                                or until the end of the participant’s                       (j) How is a hearing decision made? The
                                certification period, whichever occurs                    hearing official must make a decision
                                first. However, if the hearing decision                   that complies with Federal laws and
                                finds that a participant received pro-                    regulations, and is based on the facts
                                gram benefits fraudulently, the local                     in the hearing record. In making the
                                agency must include the value of bene-                    decision, the hearing official must
                                fits received during the time that the                    summarize the facts of the case, speci-
                                hearing was pending, as well as for any                   fy the reasons for the decision, and
                                previous period, in its initiation and                    identify the evidence supporting the
                                pursuit of a claim against the partici-                   decision and the laws or regulations
                                pant.                                                     that the decision upholds. The decision
                                  (g) What notification must the State or                 made by the hearing official is binding
                                local agency provide an individual in                     on the State or local agency.
                                scheduling the hearing? The State or                        (k) What is the time limit for making a
                                local agency must provide an indi-                        hearing decision and notifying the indi-
                                vidual with at least 10 days’ advance                     vidual of the decision? A hearing deci-
                                written notice of the time and place of                   sion must be made, and the individual
                                the hearing, and must include the rules                   notified of the decision, in writing,
                                of procedure for the hearing.                             within 45 days of the request for the

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                                Food and Nutrition Service, USDA                                                                    § 247.35

                                hearing. The notification must include                    cation, civil rights compliance, food
                                the reasons for the decision.                             storage practices, inventory controls,
                                  (l) How does the hearing decision affect                and financial management systems. In
                                the individual’s receipt of CSFP benefits?                addition to conducting on-site reviews,
                                If a hearing decision is in favor of an                   the State agency must evaluate pro-
                                applicant who was denied CSFP bene-                       gram administration on an ongoing
                                fits, the receipt of benefits must begin                  basis by reviewing financial reports,
                                within 45 days from the date that the                     audit reports, food orders, inventory
                                hearing was requested, if the applicant                   reports, and other relevant informa-
                                is still eligible for the program. If the                 tion.
                                hearing decision is against a partici-                      (b) What must the State agency do if it
                                pant, the State or local agency must                      finds that a local agency is deficient in a
                                discontinue benefits as soon as pos-                      particular area of program administra-
                                sible, or at a date determined by the                     tion? The State agency must record all
                                hearing official.                                         deficiencies identified during the re-
                                  (m) What must be included in the hear-                  view and institute follow-up procedures
                                ing record? In addition to the hearing                    to ensure that local agencies and sub-
                                decision, the hearing record must in-                     distributing agencies correct all defi-
                                clude a transcript or recording of testi-                 ciencies within a reasonable period of
                                mony, or an official report of all that                   time. To ensure improved program per-
                                transpired at the hearing, along with                     formance in the future, the State agen-
                                all exhibits, papers, and requests made.                  cy may require that local agencies
                                The record must be maintained in ac-                      adopt specific review procedures for
                                cordance with § 247.29(a). The record of                  use in reviewing their own operations
                                the hearing must be available for pub-                    and those of subsidiaries or contrac-
                                lic inspection and copying, in accord-                    tors. The State agency must provide
                                ance with the confidentiality require-                    copies of review reports to FNS upon
                                ments under § 247.36(b).                                  request.
                                  (n) What further steps may an indi-
                                vidual take if a hearing decision is not in               (Approved by the Office of Management and
                                                                                          Budget under control number 0584–0293)
                                his or her favor? If a hearing decision
                                upholds the State or local agency’s ac-                   § 247.35 Local agency appeals of State
                                tion, and a State-level review or re-                         agency actions.
                                hearing process is available, the State
                                or local agency must describe to the in-                    (a) What recourse must the State agen-
                                dividual any State-level review or re-                    cy provide local agencies to appeal a deci-
                                hearing process. The State or local                       sion that adversely affects their participa-
                                agency must also inform the individual                    tion in CSFP? The State agency must
                                of the right of the individual to pursue                  establish a hearing procedure to allow
                                judicial review of the decision.                          local agencies to appeal a decision that
                                                                                          adversely affects their participation in
                                § 247.34 Management reviews.                              CSFP—e.g., the termination of a local
                                   (a) What must the State agency do to                   agency’s participation in the program.
                                ensure that local agencies meet program                   The adverse action must be postponed
                                requirements and objectives? The State                    until a decision on the appeal is made.
                                agency must establish a management                          (b) What must the State agency include
                                review system to ensure that local                        in the hearing procedure to ensure that
                                agencies, subdistributing agencies, and                   the local agency has a fair chance to
                                other agencies conducting program ac-                     present its case? The hearing procedure
                                tivities meet program requirements                        must provide the local agency:
                                and objectives. As part of the system,                      (1) Adequate advance notice of the
                                the State agency must perform an on-                      time and place of the hearing;
                                site review of all local agencies, and of                   (2) An opportunity to review the
                                all storage facilities utilized by local                  record before the hearing, and to
                                agencies, at least once every two years.                  present evidence at the hearing;
                                As part of the on-site review, the State                    (3) An opportunity to confront and
                                agency must evaluate all aspects of                       cross-examine witnesses; and
                                program administration, including cer-                      (4) An opportunity to be represented
                                tification procedures, nutrition edu-                     by counsel, if desired.

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                                § 247.36                                                                 7 CFR Ch. II (1–1–07 Edition)

                                  (c) Who conducts the hearing and how                    § 247.37 Civil rights requirements.
                                is a decision on the appeal made? The                        (a) What are the civil rights require-
                                hearing must be conducted by an im-                       ments that apply to CSFP? State and
                                partial person who must make a deci-                      local agencies must comply with the
                                sion on the appeal that is based solely                   requirements of Title VI of the Civil
                                on the evidence presented at the hear-                    Rights Act of 1964 (42 U.S.C. 2000d et
                                ing, and on program legislation and                       seq.), Title IX of the Education Amend-
                                regulations. A decision must be made                      ments of 1972 (20 U.S.C. 1681 et seq.),
                                within 60 days from the date of the re-                   section 504 of the Rehabilitation Act of
                                quest for a hearing, and must be pro-                     1973 (29 U.S.C. 794 et seq.), the Age Dis-
                                vided in writing to the local agency.                     crimination Act of 1975 (42 U.S.C. 6101
                                                                                          et seq.), and titles II and III of the
                                § 247.36 Confidentiality of applicants                    Americans with Disabilities Act of 1990
                                    or participants.                                      (42 U.S.C. 12101 et seq.). State and local
                                   (a) Can the State or local agency dis-                 agencies must also comply with the
                                                                                          Department’s regulations on non-
                                close information obtained from appli-
                                                                                          discrimination (parts 15, 15a, and 15b of
                                cants or participants to other agencies or
                                                                                          this title), and with the provisions of
                                individuals? State and local agencies                     FNS Instruction 113–2, including the
                                must restrict the use or disclosure of                    collection of racial/ethnic participation
                                information obtained from CSFP appli-                     data and public notification of non-
                                cants or participants to persons di-                      discrimination policy. State and local
                                rectly connected with the administra-                     agencies must ensure that no person
                                tion or enforcement of the program, in-                   shall, on the grounds of race, color, na-
                                cluding persons investigating or pros-                    tional origin, age, sex, or disability, be
                                ecuting program violations. The State                     subjected to discrimination under the
                                or local agency may exchange partici-                     program.
                                pant information with other health or                        (b) How does an applicant or partici-
                                welfare programs for the purpose of                       pant file a complaint of discrimination?
                                preventing dual participation. In addi-                   CSFP applicants or participants who
                                tion, with the consent of the partici-                    believe they have been discriminated
                                pant, as indicated on the application                     against should file a discrimination
                                form, the State or local agency may                       complaint with the USDA Director, Of-
                                share information obtained with other                     fice of Civil Rights, Room 326W, Whit-
                                health or welfare programs for use in                     ten Building, 1400 Independence Ave-
                                                                                          nue, SW., Washington, DC 20250–9410, or
                                determining eligibility for those pro-
                                                                                          telephone (202) 720–5964.
                                grams, or for program outreach. How-
                                ever, the State agency must sign an
                                agreement with the administering                           PART 248—WIC FARMERS’ MARKET
                                agencies for these programs to ensure                        NUTRITION PROGRAM (FMNP)
                                that the information will be used only
                                for the specified purposes, and that                                     Subpart A—General
                                agencies receiving such information                       Sec.
                                will not further share it.                                248.1    General purpose and scope.
                                   (b) Can the State or local agency dis-                 248.2    Definitions.
                                                                                          248.3    Administration.
                                close the identity of persons making a
                                complaint or allegation against another                           Subpart B—State Agency Eligibility
                                individual participating in or admin-
                                istering the program? The State or local                  248.4    State Plan.
                                                                                          248.5    Selection of new State agencies.
                                agency must protect the confiden-
                                tiality, and other rights, of any person                           Subpart C—Recipient Eligibility
                                making allegations or complaints
                                against another individual partici-                       248.6 Recipient eligibility.
                                                                                          248.7 Nondiscrimination.
                                pating in, or administering CSFP, ex-
                                cept as necessary to conduct an inves-                              Subpart D—Recipient Benefits
                                tigation, hearing, or judicial pro-
                                                                                          248.8    Level of benefits and eligible foods.
                                ceeding.
                                                                                          248.9    Nutrition education.

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