[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.5]

[Page 10-11]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                       Subpart A_Official Records
 
Sec. 1.5  Requests for records.

    (a) Any person who wishes to inspect or obtain copies of any record 
of any agency of the Department shall submit a request in writing and 
address the request to the official designated in regulations 
promulgated by that agency. The requester may ask for a fee waiver. All 
such requests for records shall be deemed to have been made pursuant to 
the Freedom of Information Act, regardless of whether the request 
specifically mentions the Freedom of Information Act. To facilitate 
processing of a request, the requester should place the phrase ``FOIA 
REQUEST'' in capital letters on the front of the envelope or on the 
cover sheet of the facsimile transmittal.
    (b) A request must reasonably describe the records to enable agency 
personnel to locate them with reasonable effort. Where possible, a 
requester should supply specific information regarding dates, titles, 
names of individuals, names of offices, and names of agencies or other 
organizations that may help identify the records. If the request relates 
to a matter in pending litigation, the requester should identify the 
court and its location.
    (c) If an agency determines that a request does not reasonably 
describe the records, the agency shall inform the requester of this fact 
and extend the requester an opportunity to clarify the request or to 
confer promptly with knowledgeable agency personnel to attempt to 
identify the records the requester is seeking. The ``date of receipt'' 
in such instances, for purposes of Sec. 1.13, shall be the date of 
receipt of the amended or clarified request.
    (d) If a request for records or a fee waiver made under this subpart 
is denied, the requester shall have the right to appeal the denial. 
Requesters also may appeal agency determinations of a requester's status 
for purposes of fee levels under sec. 5 of appendix A to this subpart. 
All appeals must be in writing and addressed to the official designated 
in regulations promulgated by the agency which denied the request. To 
facilitate processing of an appeal, the requester should place the 
phrase ``FOIA APPEAL'' in capital letters on the front of the envelope 
or on the cover sheet of the fax transmittal.
    (e) Requests that are not addressed to a specific agency in USDA, or 
which pertain to more than one USDA agency, or which are sent to the 
wrong agency of USDA, should be forwarded to the Department's FOIA 
Officer in the Office of Communications, U.S. Department of Agriculture, 
Washington, DC 20250.
    (f) The Department FOIA Officer will determine which agency or 
agencies should process the request, and, where necessary, refer the 
request to the appropriate agency or agencies. The Department FOIA 
Officer will also notify the requester of the referral and of the name 
of each agency to which the request has been referred.
    (g) A request will be properly received when it is in the possession 
of the component agency that has responsibility for maintaining the 
requested records.
    (h) Each agency shall develop and maintain a record of all written 
requests and appeals received in that agency. The record shall include 
the names of the requester; a brief summary of the information 
requested; whether the request or appeal was granted, denied, or 
partially denied; the exemption from mandatory disclosure under 5 U.S.C. 
552(b) upon which any denial was based; and the amount

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of any fees associated with the request or appeal.

[65 FR 46337, July 28, 2000]