[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR247.2]

[Page 403-404]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 247_COMMODITY SUPPLEMENTAL FOOD PROGRAM--Table of Contents
 
Sec. 247.2  Definitions.

    For the purpose of this part and of all contracts, guidelines, 
instructions, forms, and other related documents, the term:
    Administrative costs means those direct and indirect costs, 
identified under FMC 74-4, which State and local agencies determine to 
be necessary to support Program operations. Such costs are further 
addressed in Sec. 247.11.
    A-90 means Office of Management and Budget Circular A-90 which 
provides guidance for the coordinated development and operation of 
information systems.
    A-102 means Office of Management and Budget Circular A-102 which 
sets forth uniform administrative requirements for grants-in-aid to 
State and local governments and federally recognized Indian tribal 
governments.
    A-110 means Office of Management and Budget Circular A-110 which 
sets forth uniform administrative requirements for grants to, and other 
agreements with, institutions of higher education, hospitals, and other 
quasi-public and private non-profit organizations.
    Breastfeeding women means women up to one year postpartum who are 
breastfeeding their infants.
    Caseload means the monthly average number of persons a State agency 
is authorized by FNS to serve over a specified period of time.
    Caseload cycle means the period beginning with the later of (1) each 
December 1 or (2) a date not to exceed 30 days after enactment of 
appropriations legislation for the full fiscal year, and ending each 
November 30.
    Categorical ineligibility means persons who do not meet the 
definition of pregnant women, breastfeeding women, postpartum women, 
infants, children, or elderly persons.
    Certification means the use of criteria and procedures to assess and 
document each applicant's eligibility for the Program.
    Children means persons who are at least one year of age but have not 
reached their sixth birthday.
    Department means the U.S. Department of Agriculture.
    Distributing agency means an agency which has entered into an 
agreement with a State agency and with the Department for the 
distribution of commodities under 7 CFR part 250, subchapter B--Food 
Distribution Regulations.
    Dual participation means simultaneous participation by an individual 
in the CSFP in more than one local agency or clinic, or simultaneous 
participation in the CSFP and in the Special Supplemental Nutrition 
Program for Women, Infants and Children (WIC) 7 CFR part 246.
    Elderly persons means persons 60 years of age or older.
    Fiscal year means the Federal fiscal year covering the period of 12 
calendar months beginning October 1 of any calendar year and ending 
September 30 of the following year.
    FMC 74-4 means Federal Management Circular 74-4, which sets forth 
principles for determining costs applicable to grants and contracts with 
State and local governments.

[[Page 404]]

    FNS means the Food and Nutrition Service of the U.S. Department of 
Agriculture.
    Homebound elderly persons means persons who are, in the judgment of 
the local agency, unable to obtain monthly food packages without 
assistance provided by or through the local agency.
    Infants means persons under one year of age.
    Local agency means a public or private nonprofit agency which enters 
into an agreement with the State agency to administer the Program at the 
local level. A local agency determines the eligibility of applicants, 
distributes supplemental foods and provides nutrition education to low-
income persons, either directly or through another agency with which it 
has entered into a written agreement in accordance with Sec. 247.6. In 
addition, existing local agencies are required to maintain the health-
ties at the same level that were effective prior to March 3, 1978. All 
other local agencies are encouraged to develop health services linkages 
and, at a minimum, are required to advise participants of the importance 
of health care and where low-income persons can obtain such services. 
The term local agency includes an IHS service unit, an Indian tribe, 
band or group recognized by the Department of the Interior, or an 
intertribal council or group that is an authorized representative of 
Indian tribes, bands or groups recognized by the Department of the 
Interior.
    Nonprofit agency means a private agency which is exempt from income 
tax under the Internal Revenue Code of 1954, as amended.
    Participants means pregnant women, breastfeeding women, postpartum 
women, infants, children and elderly persons who are receiving 
supplemental foods under the Program.
    Participation means the number of persons who have received 
supplemental foods through the Program in the reporting period.
    Postpartum women means women up to 12 months after termination of 
pregnancy.
    Pregnant women means women determined to have one or more embryos or 
fetuses in utero.
    Program means the Commodity Supplemental Food Program (CSFP) of the 
Food and Nutrition Service of the U.S. Department of Agriculture.
    Secretary means the Secretary of the U.S. Department of Agriculture.
    SFPD means the Supplemental Food Programs Division of the Food and 
Nutrition Service of the U.S. Department of Agriculture.
    State means any of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Trust Territory of the Pacific Islands and the Northern Mariana 
Islands.
    State agency means the agency of a State designated by the State to 
administer the Program; or an Indian tribe, band or group recognized by 
the Department of the Interior; or an Intertribal council or group 
recognized by the Department of the Interior and which has an ongoing 
relationship with Indian tribes, bands or groups for other purposes and 
has contracted with them to administer the Program; or the appropriate 
area office of the Indian Health Service of the Department of Health and 
Human Services.
    State Agency Plan of Program Operation and Administration (State 
Plan) means the document which, as required by Sec. 247.5 describes the 
manner in which the State agency intends to implement and operate all 
aspects of Program administration within its jurisdiction.
    Supplemental foods means foods donated by the Department for use by 
eligible persons in low-income groups who are vulnerable to 
malnutrition.
    WIC Program means the Special Supplemental Nutrition Program for 
Women, Infants and Children (7 CFR part 246).

[46 FR 6341, Jan. 21, 1981, as amended at 48 FR 29124, June 24, 1983; 51 
FR 32900, Sept. 17, 1986; 53 FR 4838, Feb. 18, 1988]