[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR248.7]

[Page 421-422]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 248--WIC FARMERS' MARKET NUTRITION PROGRAM (FMNP)--Table of Contents
 
                    Subpart C--Recipient Eligibility
 
Sec. 248.7  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 applicable FNS Instructions to ensure that no person shall, on 
the grounds of race, color, national origin, age, sex or handicap, be 
excluded from participation, be denied benefits, or be otherwise 
subjected to discrimination, under the FMNP. Because racial and ethnic 
participation data (as required by title VI of the Civil Rights Act of 
1964) are collected at the time women, infants, and children are 
certified for participation in the WIC Program, the Department has 
determined that the WIC data collection effort is sufficient to fulfill 
the racial/ethnic data collection requirement for the FMNP. Therefore, 
no additional data collection is

[[Page 422]]

required. 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 instructions issued thereunder shall include, but not be 
limited to:
    (1) Notification to the public of the nondiscrimination policy and 
complaint rights of recipients and potentially eligible persons, which 
may be satisfied through the Department's required nondiscrimination 
statement on brochures and publications;
    (2) Review and monitoring activity to ensure FMNP compliance with 
the nondiscrimination laws and regulations;
    (3) Establishment of grievance procedures for handling recipient 
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 agencies 
which allege discrimination based on race, color, national origin, or 
age shall be referred to the Secretary of Agriculture or the Director of 
the Office of Equal Opportunity, USDA. A State agency may process 
complaints which allege discrimination based on sex or handicap if 
grievance procedures are in place.