[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR246.25]

[Page 440-441]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 246_SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN--Table of Contents
 
                   Subpart G_Miscellaneous Provisions
 
Sec. 246.25  Records and reports.

    (a) Recordkeeping requirements. Each State and local agency shall 
maintain full and complete records concerning Program operations. Such 
records shall comply with 7 CFR part 3016 and the following 
requirements:
    (1) Records shall include, but not be limited to, information 
pertaining to financial operations, food delivery systems, food 
instrument issuance and redemption, equipment purchases and inventory, 
certification, nutrition education, civil rights and fair hearing 
procedures.
    (2) All records shall be retained for a minimum of three years 
following the date of submission of the final expenditure report for the 
period to which the report pertains. If any litigation, claim, 
negotiation, audit or other action involving the records has been 
started before the end of the three-year period, the records shall be 
kept until all issues are resolved, or until the end of the regular 
three-year period, whichever is later. If FNS deems any of the Program 
records to be of historical interest, it may require the State or local 
agency to forward such records to FNS whenever either agency is 
disposing of them.
    (3) Records for nonexpendable property acquired in whole or in part 
with Program funds shall be retained for three years after its final 
disposition.
    (4) All records shall be available during normal business hours for 
representatives of the Department and the Comptroller General of the 
United States to inspect, audit, and copy. Any reports or other 
documents resulting from the examination of such records that are 
publicly released may not include confidential applicant or participant 
information.
    (b) Financial and participation reports--(1) Monthly reports. (i) 
State agencies must submit financial and program performance data on a 
monthly basis, as specified by FNS, to support program management and 
funding decisions. Such information must include, but may not be limited 
to:
    (A) Actual and projected participation;
    (B) Actual and projected food funds expenditures;
    (C) A listing by source year of food and NSA funds available for 
expenditure; and,
    (D) NSA expenditures and unliquidated obligations.
    (ii) State agencies must require local agencies to report such 
financial and participation information as is necessary for the 
efficient management of food and NSA funds expenditures.
    (2) Annual reports. (i) Every year, State agencies must report to 
FNS the average number of migrant farmworker household members 
participating in the Program during a 12-month period of time specified 
by FNS.
    (ii) State agencies must submit itemized NSA expenditure reports 
annually as an addendum to their WIC Program closeout reports, as 
required by Sec. 246.17(b)(2).
    (3) Biennial reports. (i) Participant characteristics report. State 
and local agencies must provide such information as may be required by 
FNS to provide a biennial participant characteristics report. This 
includes, at a minimum, information on income and nutritional risk 
characteristics of participants, information on breastfeeding incidence 
and duration, and participation in the Program by category (i.e., 
pregnant, breastfeeding and postpartum women, infants and children) 
within each priority level (as established in Sec. 246.7(e)(4)) and by 
migrant farmworker households.
    (ii) Civil rights report. Racial and ethnic participation data 
contained in the

[[Page 441]]

biennial participant characteristics report will also be used to fulfill 
civil rights reporting requirements.
    (c) Other reports. State agencies must submit reports to reflect 
additions and deletions of local agencies administering the WIC Program 
and local agency address changes as these events occur.
    (d) Source documentation. To be acceptable for audit purposes, all 
financial and Program performance reports shall be traceable to source 
documentation.
    (e) Certification of reports. Financial and Program reports shall be 
certified as to their completeness and accuracy by the person given that 
responsibility by the State agency.
    (f) Use of reports. FNS will use State agency reports to measure 
progress in achieving objectives set forth in the State Plan, and this 
part, or other State agency performance plans. If it is determined, 
through review of State agency reports, Program or financial analysis, 
or an audit, that a State agency is not meeting the objectives set forth 
in its State Plan, FNS may request additional information including, but 
not limited to, reasons for failure to achieve its objectives.
    (g) Extension of reporting deadline. FNS may extend the due date for 
any Financial and Participation Report upon receiving a justified 
request from the State agency. The State agency should not wait until 
the due date if an extension is to be requested, but should submit the 
request as soon as the need is known. Failure by a State agency to 
submit a report by its due date may result in appropriate enforcement 
actions by FNS in accordance with Sec. 246.19(a)(2), including 
withholding of further grant payments, suspension or termination of the 
grant.

[50 FR 6121, Feb. 13, 1985, as amended at 52 FR 21238, June 4, 1987; 53 
FR 15653, May 3, 1988; 59 FR 11508, Mar. 11, 1994; 65 FR 53528, Sept. 5, 
2000; 71 FR 56731, Sept. 27, 2006; 72 FR 24183, May 2, 2007]