Food stamp program : regulations pertinent to authorized firms and financial institutions

62 Pages·1993·3.9 MB·English

by  United States. Food and Nutrition Service

Historic, Archive Document
Do not assume content reflects current
scientific knowledge, policies, or practices.
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FOOD AND NUTRITION SERVICE
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FOOD STAMP PROGRAM
REGULATIONS PERTINENT TO AUTHORIZED
FIRMS AND FINANCIAL INSTITUTIONS
Current as of June 1993
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National Agricultural Library
TABLE OF CONTENTS
Part 271 General Information and Definitions.
Sec. 271.1 General Purpose and Scope.
Sec. 271.2 Definitions.
Sec. 271.3 Definitions to FNS for administration.
Sec. 271.4 Delegations to State agencies for administration.
Sec. 271.5 Coupons as obligations of the United States,
crimes and offenses.
Sec. 271.6 Complaint procedure.
Part 272 Requirements for Participating State Agencies.
Sec. 272.1 General terms and conditions.
Sec. 272.9 Approval of homeless meal providers.
Part 278 Participation of Retail Food Stores, Wholesale
Food Concerns and Insured Financial Institutions.
Sec. 278.1 Approval of retail food stores and wholesale food
concerns.
Sec. 278.2 Participation of retail food stores.
Sec. 278.3 Participation of wholesale food concerns.
Sec. 278.4 Procedure for redeeming coupons.
Sec. 278.5 Participation of insured financial institutions.
Sec. 278.6 Disqualification of retail food stores and
wholesale food concerns, and imposition of civil
money penalties in lieu of disqualifications.
Sec. 278.7 Determination and disposition of claims-retail
food stores and wholesale food concerns.
Sec. 278.8 Administrative review-retail food stores and
wholesale food concerns.
Sec. 278.9 Implementation of amendments relating to the
participation of retail food stores, wholesale
food concerns and insured financial institutions.
Part 279 Administrative and Judicial Review-Food Retailers
and Food Wholesalers.
Subpart A-Administrative Review-General
Sec. 279.1 Scope and purpose.
Sec. 279.2 Food stamp review officer.
Sec. 279.3 Authority and jurisdiction.
Sec. 279.4 Rules of procedure.
Subpart B-Rules of Procedure
Sec. 279.5 Manner of filing requests for review.
Sec. 279.6 Content of request for review.
Sec. 279.7 Action upon receipt of a request for review.
Sec. 279.8 Determination of the food stamp review officer.
Sec. 279.9 Legal advice and extension of time.
Subpart C-Judicial Review
Sec. 279.10 Judicial review.
Sec. 279.11 Implementation of amendments relating to
administrative and judicial review.

^ART 271—GENERAL INFORMATION which will permit low-income
AND DEFINITIONS households to obtain a more
Sec. nutritious diet through normal
271.1 General purpose and channels of trade by increas¬
scope. ing food purchasing power for
271.2 Definitions. all eligible households who
271.3 Delegations to FNS for apply for participation."
administration. (b) Scope of the
271.4 Delegations to State regulations. Part 271
agencies for contains general information,
administration. definitions, and other
271.5 Coupons as obligations material applicable to all
of the United States, parts of this subchapter. Part
crimes and offenses. 272 sets forth policies and
271.6 Complaint procedure. procedures governing State
agencies which participate in
the program. Part 273
271.1 General purpose and describes the eligibility
scope. criteria to be applied by
(a) Purpose of the food State agencies and related
stamp program. The food stamp processing requirements and
program is designed to promote standards. Part 274 provides
the general welfare and to requirements for the issuance
safeguard the health and well of coupons to eligible house¬
being of the Nation's holds and establishes related
population by raising the issuance responsibilities.
levels of nutrition among Part 275 sets forth guidelines
low-income households. Section for monitoring the food stamp
2 of the Food Stamp Act of program, analyzing the results
1977 states, in part: and formulating corrective
"Congress hereby finds action. Part 276 establishes
that the limited food State agency liability and
purchasing power of low-income certain Federal sanctions.
households contributes to Part 277 outlines procedures
hunger and malnutrition among for payment of administrative
members of such households. costs of State agencies. Part
Congress further finds that 278 delineates the terms and
increased utilization of food conditions for the participa¬
in establishing and tion of retail food stores,
maintaining adequate national wholesale food concerns, meal
levels of nutrition will services, and insured
promote the distribution in a financial institutions. Part
beneficial manner of the 279 establishes the procedures
Nation's agricultural for administrative and
abundance and will strengthen judicial reviews requested by
the Nation's agricultural food retailers, food whole¬
economy, as well as result in salers, and meal services.
more orderly marketing and Part 280 explains procedures
distribution of foods. To for issuing emergency coupon
alleviate such hunger and allotments to certain victims
malnutrition, a food stamp of disasters unable to
program is herein authorized purchase adequate amounts of
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food. Part 281 sets forth statement of the action the
guidelines for designating agency has taken or intends to
Indian tribes as State take; the reason for the
agencies. Part 282 provides intended action; the house¬
guidelines for initiation, hold's right to request a fair
selection, and operation of hearing; the name of the
demonstration, research, and person to contact for
evaluation projects. Part 285 additional information; the
describes the general terms availability of continued
and conditions under which benefits; and the liability of
grant funds are provided to the household for any
the Commonwealth of Puerto overissuances received while
Rico. awaiting a fair hearing if the
hearing official's decision is
271.2 Definitions. adverse to the household.
Access device means any card, Depending on the timing of a
plate, code, account number, State's system and the time¬
or other means of access that liness of report submission by
can be used alone, or in participating households, such
conjunction with another notice may be received prior
access device, to obtain pay¬ to agency action, at the time
ments, allotments, benefits, reduced benefits are received,
money, goods, or other things or, if benefits are termin¬
of value, or that can be used ated, at the time benefits
to initiate a transfer of would have been received if
funds under the Food Stamp Act they had not been terminated.
of 1977, as amended. In all cases, however,
Active case means a house¬ participants will be allowed
hold which was certified prior ten days from the mailing date
to, or during, the sample of the notice to contest the
month and issued food stamp agency action and to have
benefits for the sample month. benefits restored to their
Active case error rate means previous level. If the 10-day
an estimate of the proportion period ends on a weekend or a
of cases with an error in the holiday and a request is
determination of eligibility received the day after the
or basis of issuance. This weekend or holiday, the State
estimate will be expressed as agency shall consider the
a percentage of the completed request to be timely.
active quality control reviews Alien Status Verification
excluding all results from Index (ASVI) means the
cases processed by SSA automated database maintained
personnel or participating in by the Immigration and
a demonstration project Naturalization Service which
identified by FNS as having may be accessed by State
certification rules that are agencies to verify immigration
significantly different from status.
standard requirements. Allotment means the total
Adequate notice in a Monthly value of coupons a household
Reporting and Retrospective is authorized to receive
Budgeting system means a during each month or other
written notice that includes a time period.
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Application form means: Retrospective Budgeting system
(1) The application form means either the first month
designed or approved by FNS, for which the household is
which is completed by a certified for food stamps
household member or authorized (where the State agency has
representative; or adopted a one month accounting
(2) For households consisting system) or the first month for
solely of public assistance or which the household is
general assistance recipients, certified for food stamps and
it may also mean the the month thereafter (where
application form used to apply the State agency has adopted a
for public assistance or two month accounting system).
general assistance, including Except for beginning months in
attachments approved by FNS, sequence as described in the
which is completed by a preceding sentences, a begin¬
household member or authorized ning month cannot be any month
representative. which immediately follows a
Assessment an in-depth month in which a household is
evaluation of employability certified. The month follow¬
skills coupled with counseling ing the month of termination
on how and where to search for resulting from a one-month
employment. If combined with temporary change in household
work experience, employment circumstances shall not be
search or training, an considered a beginning month.
assessment of this nature Budget month in a Monthly
could constitute part of an Reporting and Retrospective
approvable employment and Budgeting system means the
training component. fiscal or calendar month from
Authorization document means which the State agency uses
an intermediary document income and other circumstances
issued by the State agency and of the household to calculate
used in an issuance system to the household's food stamp
authorize a specific benefit allotment to be provided for
amount for a household. the corresponding issuance
Authorization to participate month.
card fATP) means a document Bulk storage point means an
which is issued by the State office of the State agency or
agency to a certified house¬ any person, partnership,
hold to show the allotment the corporation, organization,
household is authorized to political subdivision, or
receive on presentation of other entity with which a
such document. State agency has contracted
Base of Eliaibles Employment for, or to which it has
and training mandatory assigned responsibility for,
participants plus persons who the security and storage of
volunteer for employment and food coupons.
training participation. Claims collection point
Base Period means the first means any office of the State
6-month reporting period of agency or any person, partner¬
each fiscal year. ship, corporation, organiz¬
Beginning monthfs) in a ation, political subdivision
Monthly Reporting and or other entity with which a
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state agency has contracted, the State agency's manual, the
or to which it has assigned State agency's approved Plan
responsibility for the of Operation or other State
collection of claims. agency plans.
Communal dining facility Department means the U.S.
means a public or nonprofit Department of Agriculture.
private establishment, Direct access system means
approved by FNS, which an issuance system in which
prepares and serves meals for benefits are issued directly
elderly persons, or for to the household, without the
supplemental security income US& of an intermediary
(SSI) recipients, and their document, based on the
spouses, a public or private issuance agent's direct access
nonprofit establishment to information in the house¬
(eating or otherwise) that hold's individual record on
feeds elderly persons or SSI the master issuance file,
recipients, and their spouses, which may be a card document
and federally subsidized or an on-line computer system.
housing for the elderly at . Drug addiction or alcoholic
which meals are prepared for treatment and rehabilitation
and served to the residents. program means any drug addic¬
It also includes private tion or alcoholic treatment
establishments that contract and rehabilitation program
with an appropriate State or conducted by a private, non¬
local agency to offer meals at profit organization or
concessional prices to elderly institution, or a publicly
persons or SSI recipients, and operated community mental
their spouses. health center, under part B of
Coupon means any coupon, title XIX of the Public Health
stamp, access device or type Service Act (42 U.S.C. 300x et
of certification provided seq.). Under part B of title
pursuant to the provisions of XIX of the Public Health
this subchapter for the Service Act is defined as
purchase of eligible food. meeting the criteria which
Coupon issuer means any would make it eligible to
office of the State agency or receive funds, even if it does
any person, partnership, not actually receive funding
corporation, organization, under part B of title XIX.
political subdivision, or Elderly or disabled member
other entity with which a means a member of a household
State agency has contracted who: (1) Is 60 years of age or
for, or to which it has older; (2) Receives supplemen¬
assigned responsibility for, tal security income benefits
the issuance of coupons to under title XVI of the Social
households. Security Act or disability or
Deficiency means any aspect blindness payments under
of a State's program titles I, II, X, XIV, or XVI
operations determined to be of the Social Security Act;
out of compliance with the (3) Receives federally or
Food Stamp Act, FNS State administered supplemen¬
Regulations, or program tal benefits under section
requirements as contained in 1616(a) of the Social Security
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