Subchapter C—Food Stamp and Food Distribution Program
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SUBCHAPTER C—FOOD STAMP AND FOOD DISTRIBUTION PROGRAM EDITORIAL NOTE: Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000. PART 271—GENERAL pate in the program. Part 273 describes INFORMATION AND DEFINITIONS the eligibility criteria to be applied by State agencies and related processing Sec. requirements and standards. Part 274 271.1 General purpose and scope. provides requirements for the issuance 271.2 Definitions. of coupons to eligible households and 271.3 Delegations to FNS for administra- establishes related issuance respon- tion. sibilities. Part 275 sets forth guidelines 271.4 Delegations to State agencies for ad- for monitoring the food stamp pro- ministration. gram, analyzing the results and formu- 271.5 Coupons as obligations of the United lating corrective action. Part 276 estab- States, crimes and offenses. lishes State agency liability and cer- 271.6 Complaint procedure. 271.7 Allotment reduction procedures. tain Federal sanctions. Part 277 out- 271.8 Information collection/record- lines procedures for payment of admin- keeping—OMB assigned control numbers. istrative costs of State agencies. Part 278 delineates the terms and conditions AUTHORITY: 7 U.S.C. 2011–2036. for the participation of retail food § 271.1 General purpose and scope. stores, wholesale food concerns, meal services, and insured financial institu- (a) Purpose of the food stamp program. tions. Part 279 establishes the proce- The food stamp program is designed to dures for administrative and judicial promote the general welfare and to reviews requested by food retailers, safeguard the health and well being of food wholesalers, and meal services. the Nation’s population by raising the Part 280 explains procedures for issuing levels of nutrition among low-income emergency coupon allotments to cer- households. Section 2 of the Food tain victims of disasters unable to pur- Stamp Act of 1977 states, in part: chase adequate amounts of food. Part Congress hereby finds that the limited food 281 sets forth guidelines for designating purchasing power of low-income households Indian tribes as State agencies. Part contributes to hunger and malnutrition 282 provides guidelines for initiation, among members of such households. Con- selection, and operation of demonstra- gress further finds that increased utilization tion, research, and evaluation projects. of food in establishing and maintaining ade- quate national levels of nutrition will pro- Part 284 provides for a nutrition assist- mote the distribution in a beneficial manner ance program for the Commonwealth of of the Nation’s agricultural abundance and the Northern Mariana Islands (CNMI). will strengthen the Nation’s agricultural Part 285 describes the general terms economy, as well as result in more orderly and conditions under which grant funds marketing and distribution of foods. To al- are provided to the Commonwealth of leviate such hunger and malnutrition, a food Puerto Rico. stamp program is herein authorized which will permit low-income households to obtain [Amdt. 132, 43 FR 47882, Oct. 17, 1982, as a more nutritious diet through normal chan- amended by Amdt. 216, 47 FR 23461, May 28, nels of trade by increasing food purchasing 1982; Amdt. 248, 48 FR 16832, Apr. 19, 1983; power for all eligible households who apply Amdt. 356, 59 FR 29713, June 9, 1994] for participation. (b) Scope of the regulations. Part 271 § 271.2 Definitions. contains general information, defini- Access device means any card, plate, tions, and other material applicable to code, account number, or other means all parts of this subchapter. Part 272 of access that can be used alone, or in sets forth policies and procedures gov- conjunction with another access de- erning State agencies which partici- vice, to obtain payments, allotments, 626 VerDate Nov<24>2008 13:53 Jan 27, 2010 Jkt 220015 PO 00000 Frm 00636 Fmt 8010 Sfmt 8010 Y:\SGML\220015.XXX 220015 erowe on DSK5CLS3C1PROD with CFR Food and Nutrition Service, USDA § 271.2 benefits, money, goods, or other things Allotment means the total value of of value, or that can be used to initiate coupons a household is authorized to a transfer of funds under the Food receive during each month or other Stamp Act of 1977, as amended. time period. Active case means a household which Application form means: (1) The appli- was certified prior to, or during, the cation form designed or approved by sample month and issued food stamp FNS, which is completed by a house- benefits for the sample month. hold member or authorized representa- Active case error rate means an esti- tive; or mate of the proportion of cases with an (2) For households consisting solely error in the determination of eligi- of public assistance or general assist- bility or basis of issuance. This esti- ance recipients, it may also mean the mate will be expressed as a percentage application form used to apply for pub- of the completed active quality control lic assistance or general assistance, in- reviews excluding all results from cases processed by SSA personnel or cluding attachments approved by FNS, participating in a demonstration which is completed by a household project identified by FNS as having member or authorized represen- tative. certification rules that are signifi- Assessment an in-depth evaluation of cantly different from standard require- employability skills coupled with ments. counseling on how and where to search Adequate notice in a periodic report- for employment. If combined with ing system such as monthly reporting work experience, employment search or quarterly reporting means a written or training, an assessment of this na- notice that includes a statement of the ture could constitute part of an ap- action the agency has taken or intends provable employment and training to take; the reason for the intended ac- component. tion; the household’s right to request a Authorization document means an fair hearing; the name of the person to intermediary document issued by the contact for additional information; the State agency and used in an issuance availability of continued benefits; and system to authorize a specific benefit the liability of the household for any amount for a household. overissuances received while awaiting Authorization to participate card (ATP) a fair hearing if the hearing official’s means a document which is issued by decision is adverse to the household. the State agency to a certified house- Depending on the timing of a State’s hold to show the allotment the house- system and the timeliness of report hold is authorized to receive on presen- submission by participating house- tation of such document. holds, such notice may be received Base period means the first 6-month prior to agency action, at the time re- reporting period of each fiscal year. duced benefits are received, or, if bene- fits are terminated, at the time bene- Beginning month(s) in a Monthly Re- fits would have been received if they porting and Retrospective Budgeting had not been terminated. In all cases, system means either the first month however, participants will be allowed for which the household is certified for ten days from the mailing date of the food stamps (where the State agency notice to contest the agency action and has adopted a one month accounting to have benefits restored to their pre- system) or the first month for which vious level. If the 10-day period ends on the household is certified for food a weekend or a holiday and a request is stamps and the month thereafter received the day after the weekend or (where the State agency has adopted a holiday, the State agency shall con- two month accounting system). Except sider the request to be timely. for beginning months in sequence as Alien Status Verification Index (ASVI) described in the preceding sentences, a means the automated database main- beginning month cannot be any month tained by the Immigration and Natu- which immediately follows a month in ralization Service which may be which a household is certified. The accessed by State agencies to verify month following the month of termi- immigration status. nation resulting from a one-month 627 VerDate Nov<24>2008 13:53 Jan 27, 2010 Jkt 220015 PO 00000 Frm 00637 Fmt 8010 Sfmt 8010 Y:\SGML\220015.XXX 220015 erowe on DSK5CLS3C1PROD with CFR § 271.2 7 CFR Ch. II (1–1–10 Edition) temporary change in household cir- for, or to which it has assigned respon- cumstances shall not be considered a sibility for, the issuance of coupons to beginning month. households. Budget month in a Monthly Reporting Deficiency means any aspect of a and Retrospective Budgeting system State’s program operations determined means the fiscal or calendar month to be out of compliance with the Food from which the State agency uses in- Stamp Act, FNS Regulations, or pro- come and other circumstances of the gram requirements as contained in the household to calculate the household’s State agency’s manual, the State agen- food stamp allotment to be provided cy’s approved Plan of Operation or for the corresponding issuance month. other State agency plans. Bulk storage point means an office of Department means the U.S. Depart- the State agency or any person, part- ment of Agriculture. nership, corporation, organization, po- Direct access system means an litical subdivision, or other entity with issuance system in which benefits are which a State agency has contracted issued directly to the household, with- for, or to which it has assigned respon- out the use of an intermediary docu- sibility for, the security and storage of ment, based on the issuance agent’s di- food coupons. rect access to information in the means any of- Claims collection point household’s individual record on the fice of the State agency or any person, master issuance file, which may be a partnership, corporation, organization, card document or an on-line computer political subdivision or other entity system.