[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: 7CFR248.7]



[Page 430]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 248_WIC FARMERS' MARKET NUTRITION PROGRAM (FMNP)--Table of Contents

 

                     Subpart C_Recipient Eligibility

 

Sec. 248.7  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 applicable FNS Instructions to ensure that no person shall, on 

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

excluded from participation, be denied benefits, or be otherwise 

subjected to discrimination, under the FMNP. Because racial and ethnic 

participation data (as required by title VI of the Civil Rights Act of 

1964) are collected at the time women, infants, and children are 

certified for participation in the WIC Program, the Department has 

determined that the WIC data collection effort is sufficient to fulfill 

the racial/ethnic data collection requirement for the FMNP. Therefore, 

no additional data collection is required. 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 recipients and potentially eligible persons, which 

may be satisfied through the Department's required nondiscrimination 

statement on brochures and publications;

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

the nondiscrimination laws and regulations;

    (3) Establishment of grievance procedures for handling recipient 

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 agencies 

which allege discrimination based on race, color, national origin, or 

age shall be referred to the Secretary of Agriculture or the Director of 

the Office of Equal Opportunity, USDA. A State agency may process 

complaints which allege discrimination based on sex or handicap if 

grievance procedures are in place.