[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: 7CFR247.20]



[Page 412-413]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 247_COMMODITY SUPPLEMENTAL FOOD PROGRAM--Table of Contents

 

Sec. 247.20  Program violations.



    (a) What are program violations in CSFP? Program violations are 

actions taken by CSFP applicants or participants, or the parents or 

caretakers of applicants or participants, to obtain or use CSFP benefits 

improperly. Program violations include the following actions:



[[Page 413]]



    (1) Intentionally making false or misleading statements, orally or 

in writing;

    (2) Intentionally withholding information pertaining to eligibility 

in CSFP;

    (3) Selling commodities obtained in the program, or exchanging them 

for non-food items;

    (4) Physical abuse, or threat of physical abuse, of program staff; 

or

    (5) Committing dual participation.

    (b) What are the penalties for committing program violations? If 

applicants or participants, or the parents or caretakers of applicants 

or participants, commit program violations, the State agency may require 

local agencies to disqualify the applicants or participants for a period 

of up to one year. However, if the local agency determines that 

disqualification would result in a serious health risk, the 

disqualification may be waived. For program violations that involve 

fraud, the State agency must require local agencies to disqualify the 

participant from CSFP for a period of up to one year, unless the local 

agency determines that disqualification would result in a serious health 

risk. The State agency must require local agencies to permanently 

disqualify a participant who commits three program violations that 

involve fraud. For purposes of this program, fraud includes:

    (1) Intentionally making false or misleading statements to obtain 

CSFP commodities;

    (2) Intentionally withholding information to obtain CSFP 

commodities; or

    (3) Selling CSFP commodities, or exchanging them for non-food items.

    (c) What must the local agency do to notify the individual of 

disqualification from CSFP? The local agency must provide the individual 

with written notification of disqualification from CSFP at least 15 days 

before the effective date of disqualification. The notification must 

include the effective date and period of disqualification, the reason 

for the disqualification, and a statement that the individual may appeal 

the disqualification through the fair hearing process, in accordance 

with Sec. 247.33(a).