[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: 7CFR247.7]

[Page 408-411]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 247_COMMODITY SUPPLEMENTAL FOOD PROGRAM--Table of Contents
 
Sec. 247.7  Certification.

    (a) Eligibility requirements. To be certified as eligible to receive 
supplemental foods under the Program, each applicant shall meet the 
following requirements:
    (1) Categorical eligibility as an infant, child, pregnant, 
postpartum or breastfeeding woman, or elderly person;
    (2) For women, infants and children, income eligibility for local 
benefits under existing Federal, State or local food, health or welfare 
programs for low-income persons;
    (3) For elderly persons certified on or after September 17, 1986, 
household income at or below 130 percent of the Federal Poverty Income 
Guidelines published annually by the Department of Health and Human 
Services. Elderly persons certified before September 17, 1986, shall be 
subject to the terms and conditions in effect on the date of their 
certification.
    (4) At the State agency's discretion, be determined by a physician, 
a staff member of the local agency or his or her designee to be at 
nutritional risk; and
    (5) Meet a residency requirement if one is established by the State 
agency. The State agency may determine a service area for any local 
agency, and may require that an applicant be residing within the service 
area at the time of application to be eligible for the Program. However, 
the State agency may not impose any durational or fixed residency 
requirements. For example, migrant and seasonal farmworkers entering a 
CSFP service area shall be considered as meeting the res idency 
requirement.
    (b) Processing standards. (1) When there are no funds available to 
provide program benefits, the local agency shall maintain waiting lists 
of individuals who visit the local agency to apply for the Program. To 
enable the local agency to contact the individuals when caseload space 
becomes available, these waiting lists shall include the name of the 
applicant, the date placed on the waiting list, an address or phone 
number of the applicant and the applicant's status, i.e., pregnant, 
breastfeeding, child's age. Individuals shall be notified of their 
placement on a waiting list within 20 days after they visit the local 
agency during clinic office hours to request Program benefits.
    (2) The following priorities based on categorical eligibility shall 
be applied when vacancies occur after the local

[[Page 409]]

agency has filled all caseload, except that these priorities shall not 
apply to the minimum protected caseload assigned under Sec. 247.10(a) 
(2)(i).
    (i) Priority I. Pregnant women, breastfeeding women, and infants.
    (ii) Priority II. Children ages 1 through 3.
    (iii) Priority III. Children ages 4 through 5.
    (iv) Priority IV. Postpartum women.
    (v) Priority V. Elderly persons.
    (c) Issuance of supplemental foods. Participants shall be issued 
prescriptions for supplemental foods by personnel of the local agency or 
by such other personnel as the local agency may designate. The local 
agency may choose to issue either a one month supply of supplemental 
foods each month or a two month supply of supplemental foods every other 
month. However, local agencies which choose to issue a two month supply 
every other month shall inform participants that they may still receive 
one month's supply if they so request.
    (d) Certification forms. All certification data for each applicant 
shall be recorded on a certification form. At a minimum the information 
on the form shall include the following:
    (1) The person's name and address.
    (2) The date of initial visit to apply for participation and the 
date of the certification or denial.
    (3) The criteria used to determine the person's eligibility or 
ineligibility and the signature and title of the persons making the 
eligibility determination.
    (4) The following statement shall be located directly above the 
applicant's signature line and shall be read by or to the applicant, or 
the applicant's parent or caretaker, before the application is signed:

    This certification form is being completed in connection with the 
receipt of Federal assistance. Program officials may verify information 
on this form. I am aware that deliberate misrepresentation may subject 
me to prosecution under applicable State and Federal statutes. I have 
been advised of my rights and obligations under the Program. I certify 
that the information I have provided for my eligibility determination is 
correct to the best of my knowledge.

    (e) Applicant's rights. The following sentences shall be read by, or 
read to, the applicant or the applicant's parent or caretaker at the 
time of certification. When a significant proportion of the population 
served by a local agency is composed of non-English or limited English 
speaking persons who speak the same language, the sentences shall be 
stated to such persons in a language they understand:
    (1) Standards for participation in the Program are the same for 
everyone regardless of race, color, or national origin.
    (2) You may appeal any decision made by the local agency regarding 
your denial or termination from the Program.
    (3) If your application is approved, the local agency will make 
nutrition education available to you and you are encouraged to 
participate.
    (f) Notification requirements. The following responsibilities shall 
be performed by the State or local agency;
    (1) Each applicant shall be informed during the certification 
procedure of the right to a fair hearing and of the illegality of 
participation in the Commodity Supplemental Food Program in more than 
one local agency, or simultaneous participation in the Commodity 
Supplemental Food Program and in the WIC Program.
    (2) A person found ineligible for the Program during a certification 
visit shall be advised in writing of the ineligibility and of the right 
to a fair hearing in accordance with the provisions in Sec. 247.20. The 
reasons for ineligibility shall be properly documented and shall be 
retained on file at the local agency.
    (3) A person found ineligible for the Program at any time during the 
certification period shall be advised in writing 15 days before 
termination of eligibility of the reasons for ineligibility and of the 
right to a fair hearing.
    (4) Each participant shall be notified at least 15 days before the 
expiration of each certification period that eligibility for the Program 
is about to expire.
    (5) Each participant shall receive an explanation of how the food 
delivery system in the local agency operates.
    (6) Each participant shall be advised of the importance of 
participating in ongoing routine health care, the types of health 
services available, where they

[[Page 410]]

are located and how they may be obtained.
    (g) Certification periods. (1) Program benefits shall be based upon 
certifications established in accordance with the following time frames.
    (i) Pregnant women shall be certified for the duration of their 
pregnancy and for up to 6 weeks postpartum;
    (ii) Postpartum and breastfeeding women, infants and children shall 
be certified at intervals prescribed by the State agency, provided such 
intervals do not exceed 6 months in length; and
    (iii) Elderly persons, except those certified before September 17, 
1986, shall be certified at intervals prescribed by the State agency, 
provided such intervals do not exceed 6 months in length. The Initial 
and any subsequent odd-numbered certifications of elderly persons first 
certified on or after September 17, 1986 shall be based on an assessment 
of newly submitted information for all applicable eligibility 
requirements, except that age need be established only at the first 
certification. The State agency may authorize local agencies to certify 
such elderly participants for an additional 6 months without reviewing 
the case record or collecting new eligibility data at the second and any 
subsequent even-numbered certifications if there are no women, infants 
or children waiting to be served. State agencies shall, however, require 
local agencies to establish contact with such participants prior to such 
even-numbered certifications in order to confirm each participant's 
address and continued interest in program participation.
    (iv) Elderly persons certified before September 17, 1986 shall be 
subject to the terms and conditions in effect on the date of their 
certification.
    (2) Program benefits may be continued until the end of the month in 
which categorical ineligibility begins, for example, until the end of 
the month in which a child reaches its sixth birthday.
    (h) Restrictions. The following restrictions shall be observed by 
State agencies:
    (1) Participants shall not be required to make any payments in 
money, materials or services for, or in connection with, the receipt of 
supplemental foods. Also, they shall not be solicited in connection with 
the receipt of supplemental foods for voluntary cash contributions for 
any purpose.
    (2) Distribution of supplemental foods shall not be used as a means 
for furthering the political interest of any person or party.
    (i) Transfer of certification. Each State agency shall ensure 
issuance of a verification of certification form to every participant 
who intends to relocate during the certification period. The State 
agency shall require the local agencies under its jurisdiction to accept 
verification of certification forms from participants who have been 
participating in the Program or the WIC Program in another local agency 
within or outside of the jurisdiction of the State agency. The 
verification of certification is valid until the certification period 
expires, and shall be accepted as proof of eligibility for Program 
benefits. However, if the receiving local agency has waiting lists for 
participation, the transferring participant shall be placed on the list 
ahead of all waiting applicants. The verification of certification shall 
include the name of the participant, the date the certification was 
performed, the date the certification period expires, the signature and 
printed or typed name of the local agency official in the originating 
jurisdiction, the name and address of the certifying local agency and an 
identification number or some other means of accountability. The 
verification of certification form shall be uniform throughout the 
jurisdiction of the State agency.
    (j) Dual participation. The State agency shall be responsible for 
the following:
    (1) In conjunction with the local agency, the detection and 
prevention of dual participation within each local agency and between 
local agencies. As part of the certification process, applicants shall 
be informed of the illegality of simultaneous participation in the WIC 
Program and this Program or of simultaneous participation in more than 
one CSFP.
    (2) In areas where a local agency serves the same area as an Indian 
State agency or WIC Program, the CSFP

[[Page 411]]

State agency for the Program or the WIC State agency shall agree to a 
plan for the detection and prevention of dual participation. The 
agreement must be in writing and must be made prior to operation within 
the same area.
    (3) Participants found committing dual participation shall be 
terminated from one of the Programs immediately and shall be notified of 
termination from the other program as specified in Sec. 247.7.
    (4) At certification the local agency shall check the identification 
of each participant. For a child participant, an immunization record, 
birth certificate, or other records that local agency personnel consider 
adequate identification shall be acceptable. Also, when issuing 
supplemental foods, the local agency shall check the identification of 
each participant or the identity of the adult responsible for picking up 
the food for a child participant.
    (k) Disqualification. (1) The State agency may disqualify applicants 
and participants from Program participation for a period not to exceed 3 
months if it is established by the State or local agency that the 
applicant, participant, parent, or caretaker fraudulently applied for 
and/or obtained Program benefits. However, if the person who determined 
the participant's eligibility determines that a serious health risk will 
result from disqualification from the Program and the participant is 
currently eligible, the disqualification shall be waived. In addition, 
participants may request a fair hearing, as specified in Sec. 247.20, 
to contest a disqualification.
    (2) For Program purposes, fraud includes, but is not limited to, the 
following actions if they are taken knowingly, willfully and 
deceitfully:
    (i) Making false statements orally or in writing in order to obtain 
benefits to which the individual would not otherwise be eligible; (ii) 
concealing information in order to obtain benefits to which the 
individual is not eligible; (iii) altering Program documents for the 
purpose of receiving increased benefits to which the individual is not 
eligible or for the purpose of transferring benefits to an unauthorized 
individual; (iv) using supplemental foods in an unauthorized manner, 
such as trading or selling the foods; or (v) committing dual 
participation.

[46 FR 6341, Jan. 21, 1981, as amended at 51 FR 32901, Sept. 17, 1986; 
53 FR 4839, Feb. 18, 1988]