[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: 7CFR277.12]



[Page 892]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 277_PAYMENTS OF CERTAIN ADMINISTRATIVE COSTS OF STATE AGENCIES

--Table of Contents

 

Sec. 277.12  Retention and custody of records.



    (a) Retention period. All financial records, supporting documents, 

statistical records, negotiated contracts, and all other records 

pertinent to program funds shall be maintained for three years from the 

date of submission of the annual financial status report of the relevant 

fiscal year to which they apply except that:

    (1) If any litigation, claim, or audit is started before the 

expiration of the three-year period, the applicable records shall be 

retained until these have been resolved.

    (2) In the case of a payment by a State agency to a subagency or 

contractor using program funds, the State agency, USDA, the Comptroller 

General of the United States, or any of their duly authorized 

representatives, shall have access to any book, documents, papers and 

records of the subagency or contractor which the State agency, USDA, or 

the Comptroller General of the United States or any of their duly 

authorized representatives, determine are pertinent to administration of 

the specific FNS program funds, for the purpose of making audit, 

examination, excerpts, and transcripts.

    (b) Restrictions on public access. Unless required by laws, FNS will 

not place restrictions on State agencies which limit public access to 

their rec ords or the records of their subagencies or contractors that 

are pertinent to the administrative funding provided by FNS except when 

the State agency can demonstrate that such records must be kept 

confidential and would have been excepted from disclosure pursuant to 

the Freedom of Information Act (5 U.S.C. 552) if the records had 

belonged to FNS.