[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: 7CFR285.5]



[Page 978-979]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 285_PROVISION OF A NUTRITION ASSISTANCE GRANT FOR THE COMMONWEALTH 

OF PUERTO RICO--Table of Contents

 

Sec. 285.5  Failure to comply.



    (a) Grant funds may be withheld in whole or in part, or denied if 

there is a substantial failure by the Commonwealth of Puerto Rico to 

comply with the requirements of Sec. 285.4, or to bring into compliance 

a plan of operation disapproved by FNS, or to comply with program 

requirements detailed in the plan of operation approved for that fiscal 

year. (For example, funds shall be paid to the Commonwealth of Puerto 

Rico to cover only the costs of the part or parts of the plan of 

operation receiving FNS approval. Withheld payments shall be paid when 

the unapproved part(s) of the plan are modified and approved.) FNS shall 

notify the Commonwealth of Puerto Rico that further payments shall not 

be made until FNS is satisfied that there will no longer be any such 

failure to comply.

    (b) Upon a finding of a substantial failure to comply with the 

requirements of Sec. 285.4 or the plan of operation, FNS may, in 

addition to or in lieu of actions taken in accordance



[[Page 979]]



with paragraph (a) of this section, refer the matter to the Attorney 

General with a request that injunctive relief be sought from the 

appropriate district court of the United States to require compliance 

with these regulations by the Commonwealth of Puerto Rico.



[Amdt. 209, 47 FR 32409, July 27, 1982. Redesignated by Amdt. 371, 61 FR 

60013, Nov. 26, 1996]



[[Page 980]]