[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR246.8]



[Page 341-342]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 246_SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND 

CHILDREN--Table of Contents

 

                    Subpart C_Participant Eligibility

 

Sec. 246.8  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 FNS instructions to ensure that no person shall, on the 

grounds of race, color, national origin, age, sex or handicap, be 

excluded from participation in, be denied benefits of, or be otherwise 

subjected to discrimination under the Program. 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 participants and potentially eligible persons;



[[Page 342]]



    (2) Review and monitoring activity to ensure Program compliance with 

the nondiscrimination laws and regulations;

    (3) Collection and reporting of racial and ethnic participation data 

as required by title VI of the Civil Rights Act of 1964, which prohibits 

discrimination in federally assisted programs on the basis of race, 

color, or national origin; and

    (4) Establishment of grievance procedures for handling 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 or local 

agencies which allege discrimination based on race, color, national 

origin, or age shall be referred to the Secretary of Agriculture or 

Director, Office of Equal Opportunity. A State or local agency may 

process complaints which allege discrimination based on sex or handicap 

if grievance procedures are in place.

    (c) Non-English materials. Where a significant number or proportion 

of the population eligible to be served needs service or information in 

a language other than English in order effectively to be informed of or 

to participate in the Program, the State agency shall take reasonable 

steps considering the size and concentration of such population, to 

provide information in appropriate languages to such persons. This 

requirement applies with regard to required Program information except 

certification forms which are used only by local agency staff. The State 

agency shall also ensure that all rights and responsibilities listed on 

the certification form are read to these applicants in the appropriate 

language.