[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR247.4]

[Page 408-409]
 
                          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 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

[[Page 409]]

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)