[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: 7CFR247.5]

[Page 409-410]
 
                          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;
    (4) Issuing foods to participants in accordance with the established 
food package guide rates;
    (5) Providing nutrition education and information on the 
availability of

[[Page 410]]

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.