FNS-683 & FNS-203 reg citation

Food and Nutrition Service, USDA

§ 248.23

more than $10,000 or imprisoned not
more than five years, or both, or if
such funds, assets or property are of a
value of less than $100, shall be fined
not more than $1,000 or imprisoned for
not more than one year, or both.

(7 CFR part 3017), drug-free workplace
(7 CFR part 3017), and the Department’s
regulations governing restrictions on
lobbying (7 CFR part 3018), where applicable.
§ 248.23

§ 248.21 Procurement
management.

and

property

(a) Requirements. State agencies shall
comply with the requirements of 7 CFR
part 3016 for procurement of supplies,
equipment and other services with
FMNP funds. These requirements are
adopted by FNS to ensure that such
materials and services are obtained for
the FMNP in an effective manner and
in compliance with the provisions of
applicable law and executive orders.
(b) Contractual responsibilities. The
standards contained in 7 CFR part 3016
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 FMNP. 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 which reflect applicable State
and local regulations, provided that
procurements made with FMNP funds
adhere to the standards set forth in 7
CFR part 3016.
(d) Property acquired with program
funds. State and local agencies shall
observe the standards prescribed in 7
CFR part 3016 in their utilization and
disposition of real property and equipment acquired in whole or in part with
FMNP funds.

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§ 248.22 Nonprocurement debarment/
suspension, drug-free workplace,
and lobbying restrictions.
The State agency shall ensure compliance with the requirements of the
Department’s regulations governing
nonprocurement debarment/suspension

Records and reports.

(a) Recordkeeping requirements. Each
State agency shall maintain full and
complete records concerning FMNP 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, FMNP coupon
issuance and redemption, equipment
purchases and inventory, nutrition
education, and civil rights procedures.
(2) All records shall 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 shall 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 FMNP
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
FMNP 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 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.
(b) Financial and recipient reports.
State agencies shall submit financial
and FMNP performance data on a yearly basis as specified by FNS and required by section 17(m)(8) of the CNA.
Such information shall include, but
shall not be limited to:
(1) Number and type of recipients
(Federal and non-Federal).
(2) Value of coupons issued.
(3) Value of coupons redeemed.

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§ 248.24

7 CFR Ch. II (1–1–10 Edition)

(c) Source documentation. To be acceptable for audit purposes, all financial and FMNP performance reports
shall be traceable to source documentation.
(d) Certification of reports. Financial
and FMNP reports shall 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, FMNP 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.

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§ 248.24

Other provisions.

(a) No aid reduction. The value of benefits or assistance available under the
FMNP shall not be considered as income or resources of recipients or their
families for any purpose under Federal,
State, or local laws, including, but not
limited to, laws relating to taxation,
welfare and public assistance programs. Section 17(m)(7)(B) of the CNA
provides that any programs for which a
grant is received under this subsection
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 program under which
foods are distributed to needy families
in lieu of food stamps.
(b) Statistical information. FNS reserves the right to use information obtained under the FMNP in a summary,
statistical or other form which does
not identify particular individuals.
(c) Confidentiality. The State agency
shall restrict the use or disclosure of
information obtained from FMNP applicants and recipients to persons directly connected with the administration or enforcement of the WIC Program or the FMNP, including persons
investigating or prosecuting violations
in the WIC Program or FMNP under
Federal, State or local authority.

§ 248.25

FMNP information.

Any person who wishes information,
assistance, records or other public material shall request such information
from the State agency, or from the
FNS Regional Office serving the appropriate State as listed below:
(a) Connecticut, Maine, Massachusetts, New Hampshire, New York,
Rhode Island, Vermont: U.S. Department of Agriculture, FNS, Northeast
Region, 10 Causeway Street, Room 501,
Boston, Massachusetts 02222–1066.
(b) Delaware, District of Columbia,
Maryland, New Jersey, Pennsylvania,
Puerto Rico, Virginia, Virgin Islands,
West Virginia: U.S. Department of Agriculture, FNS, Mid-Atlantic Region,
Mercer Corporate Park, 300 Corporate
Boulevard, Robbinsville, New Jersey,
08691–1598.
(c) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee: U.S. Department of Agriculture, FNS, Southeast Region, 61 Forsyth Street, SW.,
Room 8T36, Atlanta, Georgia 30303.
(d) Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin: U.S. Department of Agriculture, FNS, Midwest Region, 77 West Jackson Boulevard—20th
floor, Chicago, Illinois 60604–3507.
(e) Arkansas, Louisiana, New Mexico,
Oklahoma, Texas: U.S. Department of
Agriculture, FNS, Southwest Region,
1100 Commerce Street, room 5–C–30,
Dallas, Texas 75242.
(f) Colorado, Iowa, Kansas, Missouri,
Montana, Nebraska, North Dakota,
South Dakota, Utah, Wyoming: U.S.
Department of Agriculture, FNS,
Mountain Plains Region, 1244 Speer
Boulevard, suite 903, Denver, Colorado
80204.
(g) Alaska, American Samoa, Arizona, California, Guam, Hawaii, Idaho,
Nevada, Oregon, Trust Territory of the
Pacific Islands, the Northern Mariana
Islands, Washington: U.S. Department
of Agriculture, FNS, Western Region,
90 Seventh Street, Suite #10–100, San
Francisco, California 94103.
[59 FR 11517, Mar. 11, 1994, as amended at 60
FR 49748, Sept. 27, 1995; 60 FR 57148, Nov. 14,
1995; 73 FR 65251, Nov. 3, 2008]

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