FNS-683A reg citation

Food and Nutrition Service, USDA

§ 249.23

assess an interest (late) charge against
the State agency. Interest accrual
shall begin on the 31st day after the
date of the first demand letter, bill or
claim, and shall be computed monthly
on any unpaid balance as long as the
debt exists. From a source other than
the SFMNP, the State agency shall
provide the funds necessary to maintain SFMNP operations at the grant
level authorized by FNS.

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§ 249.21 Procurement
management.

and

§ 249.22 Nonprocurement debarment/
suspension, drug-free workplace,
and lobbying restrictions.
The State agency must ensure compliance with the requirements of FNS’
regulations governing nonprocurement
debarment/suspension (part 3017 of this
title) and drug-free workplace (part
3021 of this title), as well as FNS’ regulations governing restrictions on lobbying (part 3018 of this title), where applicable.

property

(a) Requirements. State agencies must
comply with the requirements of part
3016 of this title for procurement of
supplies, equipment and other services
with SFMNP funds. These requirements are adopted for use by FNS to
ensure that such materials and services
are obtained for the SFMNP in an effective manner and in compliance with
the provisions of applicable laws and
executive orders.
(b) Contractual responsibilities. The
standards contained in part 3016 of this
title do not relieve the State agency of
the responsibilities arising under its
contracts. The State agency is the responsible authority, without recourse
to FNS, regarding the settlement and
satisfaction of all contractual and administrative issues arising out of procurements entered into in connection
with the SFMNP. This includes, but is
not limited to, disputes, claims, protests of award, source evaluation, or
other matters of a contractual nature.
Matters concerning violation of law are
to be referred to such local, State or
Federal authority as may have proper
jurisdiction.
(c) State regulations. The State agency
may use its own procurement regulations provided that:
(1) Such regulations reflect applicable State and local regulations; and
(2) Any procurements made with
SFMNP funds adhere to the standards
set forth in part 3016 of this title.
(d) Property acquired with program
funds. State and local agencies shall
observe the standards prescribed in
part 3016 of this title in their utilization and disposition of real property
and equipment acquired in whole or in
part with SFMNP funds.

§ 249.23 Records and reports.
(a) Recordkeeping requirements. Each
State agency must maintain full and
complete records concerning SFMNP
operations. Such records must comply
with part 3016 of this title and the following requirements:
(1) Records must include, but not be
limited to, information pertaining to
certification,
financial
operations,
SFMNP coupon issuance and redemption, authorized outlet (farmers, farmers’ markets, and CSA program) agreements, authorized outlet monitoring,
CSA program agreements, invoices, delivery receipts, equipment purchases
and inventory, nutrition education,
fair hearings, and civil rights procedures.
(2) All records must be retained for a
minimum of 3 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 3-year period, the
records must be kept until all issues
are resolved, or until the end of the
regular 3-year period, whichever is
later. If FNS deems any of the SFMNP
records to be of historical interest, it
may require the State agency to forward such records to FNS whenever the
State agency is disposing of them.
(3) Records for nonexpendable property acquired in whole or in part with
SFMNP funds must be retained for
three years after its final disposition.
(4) All records must be available during normal business hours for representatives of FNS of the Comptroller
General of the United States to inspect, audit, and copy. Any reports resulting from such examinations shall
not divulge names of individuals.

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§ 249.24

7 CFR Ch. II (1–1–10 Edition)

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(b) Financial and participant reports.
State agencies must submit financial
and SFMNP performance data on a
yearly basis as specified by FNS. Such
information must include, but shall
not be limited to:
(1) Number of participants served
with Federal SFMNP funds;
(2) Value of coupons issued and/or eligible foods ordered under CSA programs;
(3) Value of coupons redeemed and/or
eligible foods provided to participants
under CSA programs; and
(4) Number of authorized outlets by
type; i.e., farmers, farmers’ markets,
roadside stands, and CSA programs.
(c) Source documentation. To be acceptable for audit purposes, all financial and SFMNP performance reports
must be traceable to source documentation.
(d) Certification of reports. Financial
and SFMNP reports must be certified
as to their completeness and accuracy
by the person given that responsibility
by the State agency.
(e) 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, SFMNP 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 these objectives.
§ 249.24 Data safeguarding procedures.
FNS and SFMNP State agencies will
take reasonable steps to keep applicant
and participant information/records
private to the extent provided by law.
Such steps include a requirement for
each State agency to restrict the use
or disclosure of information obtained
from SFMNP applicants and participants to:
(a) Persons directly connected with
the administration or enforcement of
the SFMNP, including persons investigating or prosecuting violations in
the SFMNP under Federal, State or
local authority;
(b) Representatives of public organizations designated by the chief State

agency officer (or, in the case of Indian
Tribal governments acting as SFMNP
State agencies, the governing authority) that administer food, nutrition, or
other assistance programs that serve
persons categorically eligible for the
SFMNP. The State agency must execute a written agreement with each
such designated organization:
(1) Specifying that the receiving organization may employ SFMNP information only for the purpose of establishing the eligibility of SFMNP applicants and participants for food, nutrition, or other assistance programs that
it administers and conducts outreach
to SFMNP applicants and participants
for such programs; and
(2) Containing the receiving organization’s assurance that it will not, in
turn, disclose the information to a
third party.
(c) The Comptroller General of the
United States for audit and examination authorized by law.
§ 249.25

Other provisions.

(a) No aid reduction. Any programs for
which a grant is received under this
part shall be supplementary to the food
stamp program carried out under the
Food Stamp Act of 1977 as amended (7
U.S.C. 2011, et seq.) and to any other
Federal or State food or nutrition assistance program.
(b) Statistical information. FNS reserves the right to use information obtained under the SFMNP in a summary, statistical or other form that
does not identify particular individuals.
(c) Exclusion of benefits in determining
eligibility for other programs. The value
of any benefit provided to any eligible
SFMNP recipient shall not be considered to be income or resources for any
purposes under any Federal, State or
local law.
[71 FR 74630, Dec. 12, 2006, as amended at 74
FR 48375, Sept. 23, 2009]

§ 249.26

SFMNP information.

(a) Any person who wishes information, assistance, records or other public
material must request such information from the State agency, or from
the FNS Regional Office serving the
appropriate State as listed below:

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