[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: 7CFR247.5]



[Page 404-405]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 247_COMMODITY SUPPLEMENTAL FOOD PROGRAM--Table of Contents

 

Sec. 247.5  State and local agency responsibilities.



    State and local agencies are responsible for administering the 

program in accordance with the provisions of this part, and with the 

provisions of part 250 of this chapter, as applicable. Although the 

State agency may delegate some responsibilities to another agency, the 

State agency is ultimately responsible for all aspects of program 

administration. The following is an outline of the major 

responsibilities of State and local agencies; it is not intended to be 

all-inclusive.

    (a) What are the major responsibilities shared by State and local 

agencies? The major responsibilities shared by State and local agencies 

include:

    (1) Entering into required agreements;

    (2) Ordering commodities for distribution;

    (3) Storing and distributing commodities;

    (4) Establishing procedures for resolving complaints about 

commodities;

    (5) Complying with civil rights requirements;

    (6) Maintaining accurate and complete records; and

    (7) Conducting program outreach.

    (b) What are the major State agency responsibilities? The major 

responsibilities of State agencies include:

    (1) Completing and submitting the State Plan;

    (2) Selecting local agencies to administer the program in local 

areas of the State;

    (3) Determining caseload needs, and submitting caseload requests to 

FNS;

    (4) Assigning caseload, and allocating administrative funds, to 

local agencies;

    (5) Establishing eligibility requirements, in accordance with the 

options provided to the State agency under Sec. 247.9. (This function 

may not be delegated to another agency.);

    (6) Establishing nutritional risk criteria and a residency 

requirement for participants, if such criteria are to be used;

    (7) Establishing a financial management system that effectively 

accounts for funds received for program administration;

    (8) Developing a plan for the detection and prevention of dual 

participation, in coordination with CSFP local agencies and with the 

State WIC agency;

    (9) Developing a plan for providing nutrition education to 

participants;

    (10) Establishing appeals and fair hearing procedures for local 

agencies and program participants;

    (11) Developing a management review system and conducting reviews of 

local agencies. (This function may not be delegated to another agency.);

    (12) Determining and pursuing claims, and establishing standards for 

pursuit of claims against participants;

    (13) Ensuring compliance with Federal audit requirements;

    (14) Providing guidance to local agencies, as needed; and

    (15) Ensuring that program participation does not exceed the State 

agency's caseload allocation on an average monthly basis.

    (c) What are the major local agency responsibilities? The major 

local agency responsibilities include:

    (1) Determining eligibility of applicants in accordance with 

eligibility criteria established by the State agency;

    (2) Complying with fiscal and operational requirements established 

by the State agency;

    (3) Ensuring that participation does not exceed the caseload 

assigned by the State agency;



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    (4) Issuing foods to participants in accordance with the established 

food package guide rates;

    (5) Providing nutrition education and information on the 

availability of other nutrition and health assistance programs to 

participants;

    (6) Informing applicants of their rights and responsibilities in the 

program;

    (7) Meeting the special needs of the homebound elderly, to the 

extent possible; and

    (8) Pursuing claims against participants.