[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: 7CFR277.12]

[Page 879]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 277--PAYMENTS OF CERTAIN ADMINISTRATIVE COSTS OF STATE AGENCIES--Table of Contents
 
Sec. 277.12  Retention and custody of records.

    (a) Retention period. All financial records, supporting documents, 
statistical records, negotiated contracts, and all other records 
pertinent to program funds shall be maintained for three years from the 
date of submission of the annual financial status report of the relevant 
fiscal year to which they apply except that:
    (1) If any litigation, claim, or audit is started before the 
expiration of the three-year period, the applicable records shall be 
retained until these have been resolved.
    (2) In the case of a payment by a State agency to a subagency or 
contractor using program funds, the State agency, USDA, the Comptroller 
General of the United States, or any of their duly authorized 
representatives, shall have access to any book, documents, papers and 
records of the subagency or contractor which the State agency, USDA, or 
the Comptroller General of the United States or any of their duly 
authorized representatives, determine are pertinent to administration of 
the specific FNS program funds, for the purpose of making audit, 
examination, excerpts, and transcripts.
    (b) Restrictions on public access. Unless required by laws, FNS will 
not place restrictions on State agencies which limit public access to 
their records or the records of their subagencies or contractors that 
are pertinent to the administrative funding provided by FNS except when 
the State agency can demonstrate that such records must be kept 
confidential and would have been excepted from disclosure pursuant to 
the Freedom of Information Act (5 U.S.C. 552) if the records had 
belonged to FNS.

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