[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: 7CFR247.4]



[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. 247.4  Agreements.



    (a) What agreements are necessary for agencies to administer CSFP? 

The following agreements are necessary for agencies to administer CSFP:

    (1) Agreements between FNS and State agencies. Each State agency 

must enter into an agreement with FNS (Form FNS-74, the Federal-State 

Agreement) prior to receiving commodities or administrative funds;

    (2) Agreements between State agencies and local or subdistributing 

agencies. The State agency must enter into written agreements with local 

or subdistributing agencies prior to making commodities or 

administrative funds available to them. The agreements must contain the 

information specified in paragraph (b) of this section. Agreements 

between State and local agencies must also contain the information 

specified in paragraph (c) of this section. Copies of all agreements 

must be kept on file by the parties to the agreements; and

    (3) Agreements between local and subdistributing agencies and other 

agencies. The State agency must ensure that local and subdistributing 

agencies enter into written agreements with other agencies prior to 

making commodities or administrative funds available to these other 

agencies. The agreements must contain the information specified in 

paragraph (b) of this section. Copies of all agreements must be kept on 

file by the parties to the agreements.

    (b) What are the required contents of agreements? All agreements 

described under paragraphs (a)(2) and (a)(3) of this section must 

contain the following:

    (1) An assurance that each agency will administer the program in 

accordance with the provisions of this part and with the provisions of 

part 250 of this chapter, unless they are inconsistent with the 

provisions of this part;

    (2) An assurance that each agency will maintain accurate and 

complete records for a period of three years from the close of the 

fiscal year to which they pertain, or longer if the records are related 

to unresolved claims actions, audits, or investigations;

    (3) A statement that each agency receiving commodities for 

distribution is responsible for any loss resulting from improper 

distribution, or improper storage, care, or handling of commodities;

    (4) A statement that each agency receiving program funds is 

responsible for any misuse of program funds;

    (5) A description of the specific functions that the State, 

subdistributing, or local agency is delegating to another agency; and

    (6) A statement specifying:

    (i) That either party may terminate the agreement by written notice 

to the other; and

    (ii) The minimum number of days of advance notice that must be 

given. (The advance notification period must be at least 30 days.)

    (c) What other assurances or information must be included in 

agreements between State and local agencies? In addition to the 

requirements under paragraph (b) of this section, agreements between 

State and local agencies must contain the following:

    (1) An assurance that the local agency will provide, or cause to be 

provided, nutrition education to participants, as required in Sec. 

247.18;

    (2) An assurance that the local agency will provide information to 

participants on other health, nutrition, and public assistance programs, 

and make referrals as appropriate, as required in Sec. 247.14;

    (3) An assurance that the local agency will distribute commodities 

in accordance with the approved food package guide rate;

    (4) An assurance that the local agency will take steps to prevent 

and detect dual participation, as required in Sec. 247.19;

    (5) The names and addresses of all certification, distribution, and 

storage sites under the jurisdiction of the local agency; and

    (6) An assurance that the local agency will not subject any person 

to discrimination under the program on the grounds of race, color, 

national origin, age, sex, or disability.

    (d) What is the duration of required agreements? Agreements between 

FNS



[[Page 404]]



and State agencies are considered permanent, but may be amended at the 

initiation of State agencies or at the request of FNS. All amendments 

must be approved by FNS. The State agency establishes the duration of 

agreements it signs with local agencies or subdistributing agencies. The 

State agency may establish, or permit the local or subdistributing 

agency to establish, the duration of agreements between local or 

subdistributing agencies and other agencies. However, State and local 

agencies must comply with the requirements in Sec. 250.12(c) of this 

chapter when entering agreements with other entities.



(Approved by the Office of Management and Budget under control numbers 

0584-0067, 0584-0293)