[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: 7CFR272.6]

[Page 611-612]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 272_REQUIREMENTS FOR PARTICIPATING STATE AGENCIES--Table of Contents
 
Sec. 272.6  Nondiscrimination compliance.

    (a) Requirement. State agencies shall not discriminate against any 
applicant or participant in any aspect of program administration, 
including, but not limited to, the certification of households, the 
issuance of coupons, the conduct of fair hearings, or the conduct of any 
other program service for reasons of age, race, color, sex, handicap, 
religious creed, national origin, or political beliefs. Discrimination 
in any aspect of program administration is prohibited by these 
regulations, the Food Stamp Act, the Age Discrimination Act of 1975 
(Pub. L. 94-135), the Rehabilitation Act of 1973 (Pub. L. 93-112, 
section 504), and title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d). Enforcement action may be brought under any applicable Federal 
law. Title VI complaints shall be processed in accord with 7 CFR part 
15.
    (b) Right to file a complaint. Individuals who believe that they 
have been subject to discrimination as specified in paragraph (a) of 
this section may file a written complaint with the Secretary or the 
Administrator, FNS, Washington, DC 20250, and/or with the State agency, 
if the State agency has a system for processing discrimination 
complaints. The State agency shall explain both the FNS and, if 
applicable, the State agency complaint system to each individual who 
expresses an interest in filing a discrimination complaint and shall 
advise the individual of the right to file a complaint in either or both 
systems.
    (c) FNS complaint requirements. (1) Complaints shall contain the 
following information to facilitate investigations:
    (i) The name, address, and telephone number or other means of 
contacting the person alleging discrimination.
    (ii) The location and name of the organization or office which is 
accused of discriminatory practices.
    (iii) The nature of the incident or action or the aspect of program 
administration that led the person to allege discrimination.
    (iv) The reason for the alleged discrimination (age, race, color, 
sex, handicap, religious creed, national origin, or political belief).
    (v) The names, titles (if appropriate), and addresses of persons who 
may have knowledge of the alleged discriminatory acts.
    (vi) The date or dates on which the alleged discriminatory actions 
occurred.
    (2) If a complainant makes allegations verbally and is unable or is 
reluctant to put the allegations in writing, the FNS employee to whom 
the allegations are made shall document the complaint in writing. Every 
effort shall be made by the individual accepting the complaint to have 
the complainant provide the information specified in paragraph (c)(1) of 
this section.
    (3) Complaints will be accepted by the Secretary or the 
Administrator, FNS, even if the information specified in paragraph 
(c)(1) of this section is not complete. However, investigations will be 
conducted only if information concerning paragraphs (c)(1) (ii), (iii) 
or (iv) of this section is provided.
    (4) A complaint must be filed no later than 180 days from the date 
of the alleged discrimination. However, the time for filing may be 
extended by the Secretary.
    (d) State agency complaint requirements. (1) The State agency may 
develop and use a State agency complaint system.
    (2) The State agency shall submit to FNS a report on each 
discrimination complaint processed at the State level.

[[Page 612]]

The report shall contain as much information in paragraph (c)(1) of this 
section as is available to the State agency, the findings of the 
investigation, and, if appropriate, the corrective action planned or 
taken.
    (e) Reviews. [Reserved]
    (f) Public notification. The State agency shall: (1) Publicize the 
procedures described in paragraphs (b) and (c) of this section, and, if 
applicable, the State agency's complaint procedures; (2) insure that all 
offices involved in administering the program and that also serve the 
public display the nondiscrimination poster provided by FNS; and (3) 
insure that participants and other low-income households have access to 
information regarding nondiscrimination statutes and policies, complaint 
procedures, and the rights of participants, within 10 days of the date 
of a request.
    (g) Data collection. The State agency shall obtain data on 
households by racial/ethnic category. The racial/ethnic categories are: 
American Indian or Alaskan Native, Asian or Pacific Islander, black (not 
of Hispanic origin), Hispanic, and white (not of Hispanic origin). The 
State agency may request applicants to identify voluntarily their race 
or ethnicity on the application form. The application form in these 
States shall clearly indicate that the information is voluntary, that it 
will not affect eligibility or the level of benefits, and that the 
reason for the information is to assure that program benefits are 
distributed without regard to race, color, or national origin. The State 
agency shall develop alternative means of providing the racial and 
ethnic data on households, such as by observation during the interview, 
when the information is not voluntarily provided by the household on the 
application form.
    (h) Reports. As required by FNS, the State agency shall report the 
racial/ethnic data on participating households on forms provided by FNS.

[Amdt. 132, 43 FR 47884, Oct. 17, 1979. Redesignated by Amdt. 211, 47 FR 
53315, Nov. 26, 1982, as amended by Amdt. 356, 59 FR 29713, June 9, 
1994]