[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR246.8]

[Page 315-316]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 246--SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN--Table of Contents
 
                   Subpart C--Participant Eligibility
 
Sec. 246.8  Nondiscrimination.

    (a) Civil rights requirements. The State agency shall comply with 
the requirements of title VI of the Civil Rights Act of 1964, title IX 
of the Education Amendments of 1972, section 504 of the Rehabilitation 
Act of 1973, the Age Discrimination Act of 1975, Department of 
Agriculture regulations on nondiscrimination (7 CFR parts 15, 15a and 
15b), and FNS instructions to ensure that no person shall, on the 
grounds of race, color, national origin, age, sex or handicap, be 
excluded from participation in, be denied benefits of, or be otherwise 
subjected to discrimination under the Program. Compliance with title VI 
of the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, Section 504 of the Rehabilitation Act of 1973, the Age 
Discrimination Act of 1975, and regulations and

[[Page 316]]

instructions issued thereunder shall include, but not be limited to:
    (1) Notification to the public of the nondiscrimination policy and 
complaint rights of participants and potentially eligible persons;
    (2) Review and monitoring activity to ensure Program compliance with 
the nondiscrimination laws and regulations;
    (3) Collection and reporting of racial and ethnic participation data 
as required by title VI of the Civil Rights Act of 1964, which prohibits 
discrimination in federally assisted programs on the basis of race, 
color, or national origin; and
    (4) Establishment of grievance procedures for handling complaints 
based on sex and handicap.
    (b) Complaints. Persons seeking to file discrimination complaints 
may file them either with the Secretary of Agriculture, or the Director, 
Office of Equal Opportunity, USDA, Washington, DC 20250 or with the 
Office established by the State agency to handle discrimination 
grievances or complaints. All complaints received by State or local 
agencies which allege discrimination based on race, color, national 
origin, or age shall be referred to the Secretary of Agriculture or 
Director, Office of Equal Opportunity. A State or local agency may 
process complaints which allege discrimination based on sex or handicap 
if grievance procedures are in place.
    (c) Non-English materials. Where a significant number or proportion 
of the population eligible to be served needs service or information in 
a language other than English in order effectively to be informed of or 
to participate in the Program, the State agency shall take reasonable 
steps considering the size and concentration of such population, to 
provide information in appropriate languages to such persons. This 
requirement applies with regard to required Program information except 
certification forms which are used only by local agency staff. The State 
agency shall also ensure that all rights and responsibilities listed on 
the certification form are read to these applicants in the appropriate 
language.