PART 249—SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP) Authority: 7 U.S.C. 3007. Source: 71 FR 74630, Dec. 12, 2006, unless otherwise noted. Subpart A—General § 249.1 General purpose and scope. (a) This part announces regulations under which the Secretary of Agriculture shall carry out the Senior Farmers' Market Nutrition Program (SFMNP). The purposes of the SFMNP are to: (1) Provide resources in the form of fresh, nutritious, unprepared, locally grown fruits, vegetables, honey, and herbs from farmers' markets, roadside stands, and community supported agriculture (CSA) programs to low-income seniors; (2) Increase the domestic consumption of agricultural commodities by expanding or aiding in the expansion of domestic farmers' markets, roadside stands, and CSAs; and (3) Develop or aid in the development of new and additional farmers' markets, roadside stands, and CSAs. (b) These goals will be accomplished through payment of cash grants to approved State agencies. The SFMNP shall be supplementary to the food stamp program carried out under the Food Stamp Act of 1977 (7 U.S.C. 2011, et seq. [71 FR 74630, Dec. 12, 2006, as amended at 74 FR 48374, Sept. 23, 2009] § 249.2 Definitions. For the purpose of this part and all contracts, guidelines, instructions, forms and other documents related hereto, the term: Administrative costs Bulk purchase Community supported agriculture (CSA) program Compliance buy Coupon Days Department Distribution site Eligible foods Farmer Farmers' market Federally recognized Indian tribal government Fiscal year FNS Food costs Household Local agency Locally grown locally grown Nonprofit agency et seq. Nutrition education means: (1) Individual or group sessions; and (2) The provision of relevant materials, in keeping with the individual's personal, cultural, and socioeconomic preferences and the Dietary Guidelines for Americans, that: (i) Emphasize relationships between nutrition and health; and (ii) Encourage participants to build healthful eating patterns, and to take action for good health. OIG Participant Program or SFMNP Proxy proxy authorized representative Roadside stand roadside stand farmstand Senior SFPD Shareholder State State agency State Plan WIC WIC Farmers' Market Nutrition Program (FMNP) [71 FR 74630, Dec. 12, 2006, as amended at 74 FR 48374, Sept. 23, 2009; 81 FR 66497, Sept. 28, 2016] § 249.3 Administration. (a) Delegation to FNS. (b) Delegation to State agency. (c) Agreement and State Plan. (d) Coordination with other agencies. (e) State staffing standards. [71 FR 74630, Dec. 12, 2006, as amended at 81 FR 66497, Sept. 28, 2016] Subpart B—State Agency Eligibility § 249.4 State Plan. (a) Requirements. (1) A copy of the agreement between the designated administering State agency and any other cooperating State, local, or nonprofit agencies or organizations for services such as certification of eligible participants, issuance of SFMNP coupons or benefits, and/or nutrition education, as required in § 249.3(d). (2) A description of the State agency's procedures for identifying and certifying eligible SFMNP participants, including the specific age and income criteria that will be used to determine SFMNP eligibility. (3) An estimated number of participants for the fiscal year, and proposed months of operation. (4) A detailed budget for the SFMNP, including: (i) The minimum amount necessary to operate the SFMNP; (ii) A description of the Federal and non-Federal funds that will be used to operate the Program; and (iii) An assurance that no more than 50 percent of the Federal SFMNP grant will be used to support a CSA program model for the delivery of SFMNP benefits. (5) An outline of administrative staff and job descriptions. (6) A detailed description of the SFMNP recordkeeping system including, but not limited to, the system for maintaining separate records for SFMNP funds pertaining to financial operations, coupon issuance and redemption, authorization of farmers, markets, and/or CSA programs, distribution of eligible foods through CSA programs, and SFMNP participation. (7) A detailed description of the State agency's financial management system, including how the system will provide accurate, current and complete disclosure of the program's financial status and required reports. (8) A detailed description of the service area, including: (i) The number and addresses of authorized farmers, farmers' markets, roadside stands, and community supported agriculture programs that participated in the SFMNP during the prior year; and (ii) SFMNP certification/issuance sites (such as senior centers or senior housing facilities), including a map outlining the service area and proximity of markets, roadside stands, and/or community supported agriculture programs to certification/issuance or distribution sites that participated in the SFMNP during the prior year. (9) A description of the coupon issuance system including: (i) A description of how the State agency will target areas with the highest concentrations of eligible persons and greatest access to farmers' markets and/or roadside stands; (ii) The benefit level per participant, or household if benefits are issued on a household basis, including: (A) How coupons will be issued; (B) The value of benefits provided to each participant or household at each issuance during the year; (C) The frequency of coupon issuance; and (D) The total amount of SFMNP benefits issued to each participant or household during the year. (iii) A method for instructing participants on the proper use of SFMNP coupons and the purpose of the SFMNP; (iv) A method for ensuring that SFMNP coupons are issued only to eligible participants; and (v) A method for preventing and identifying dual participation, in accordance with § 249.6(d)(1). (10) If the agency is using a “paperless” system, i.e., a system that does not issue actual coupons, a complete description of how such a system will be operated in a manner that ensures the integrity of SFMNP funds and benefits. (11) A detailed description of the SFMNP coupon redemption process including: (i) The procedures for ensuring the secure transportation and storage of SFMNP coupons; (ii) A system for identifying and reconciling SFMNP coupons; and (iii) The timeframes for SFMNP coupon redemption by participants, submission for payment by farmers or authorized outlets (farmers' markets and/or roadside stands), and payment by the State agency. (12) A description of the State agency's CSA program, if applicable, including: (i) How the State agency will target and select community supported agriculture programs designed to provide SFMNP benefits to eligible participants; (ii) The annual benefit amount per participant or household, if benefits are issued on a household basis; (iii) How CSA program contracts are developed, negotiated, and executed by the State agency; (iv) How CSA program shares are allocated to eligible SFMNP participants; (v) A method for instructing participants and farmers participating in the CSA program on the purpose of the SFMNP, and the procedures for delivery and distribution of eligible foods provided for the SFMNP through the CSA; (vi) A system to ensure receipt by eligible participants of eligible foods provided through a CSA program. Such a system should include a written receipt or distribution log, with the participant's signature (or that of the eligible participant's proxy, if proxies are allowed) and the date of each distribution; (vii) The payment procedures for the CSA program(s) used by the State agency; (viii) How the State agency ensures that the full value of eligible foods for which it has contracted is provided regularly throughout the SFMNP season; (ix) A listing of delivery dates and distribution sites for CSA program-provided eligible foods; and (x) A system for ensuring that each SFMNP shareholder receives an equitable amount of eligible foods at each delivery, and that the total value of the eligible foods provided under the SFMNP falls within the minimum and maximum Federal SFMNP benefit levels, as specified in § 249.8(b). (13) A complete description of age- and circumstance-appropriate nutrition education to be provided to SFMNP participants, including: (i) The agencies that will provide the nutrition education; (ii) The format(s) in which the nutrition education will be provided; and (iii) The locations where nutrition education is likely to be provided. (14) A detailed description of the State agency's system for managing its coupon, market, and CSA program management systems, including: (i) The criteria for authorizing farmers' markets, roadside stands, and/or community supported agriculture programs, including the agency responsible for authorization; (ii) The procedures for training farmers, market managers, and/or CSA program farmers at authorization, and annually thereafter; (iii) The procedures for monitoring farmers' markets, roadside stands, and/or community supported agriculture programs; (iv) A description of the State agency's system for identifying high-risk farmers and farmers' markets, roadside stands, and/or community supported agriculture programs, as set forth at § 249.10(e)(2)(ii); (v) The procedures for sanctioning farmers, farmers' markets, roadside stands, and/or community supported agriculture programs; (vi) A facsimile of the SFMNP coupon, including the denominations of coupons that will be issued, and a clear indication of where the participant/proxy and (if applicable) farmer are required to sign, stamp, or otherwise endorse the coupon before it can be redeemed; (vii) A complete listing of the fresh, nutritious, unprepared fruits, vegetables, honey, and herbs eligible for purchase under the SFMNP; (viii) A description of SFMNP coupon replacement policy or statement that coupons will not be replaced; and (ix) The State agency's procedures for handling participant and farmer/farmers' market, roadside stands, and CSA program complaints. (15) A system for ensuring that SFMNP coupons are redeemed only by authorized farmers/farmers' markets/roadside stands, and only for eligible foods. (16) A system for identifying SFMNP coupons that are redeemed or submitted for payment outside valid dates or by unauthorized farmers/farmers' markets/roadside stands. (17) A copy of the written agreement to be used between the State agency and authorized farmers/farmers' markets, roadside stands, and/or CSA programs. In those States that authorize farmers' markets, but not individual farmers, this agreement shall specify in detail the role of and procedures to be used by farmers' markets for monitoring and sanctioning farmers, and the appropriate procedures to be used by a farmer to appeal a sanction or disqualification imposed by a farmers' market. (18) If available, information on the change in consumption of fresh fruits, vegetables, honey, and herbs by SFMNP participants. This information shall be submitted as an addendum to the State Plan and shall be submitted at a date specified by the Secretary. (19) If available, information on the effects of the program on farmers' markets, roadside stands, and/or CSA programs. This information shall be submitted as an addendum to the State Plan and shall be submitted at a date specified by the Secretary. (20) A description of the procedures the State agency will use to comply with the civil rights requirements described in § 249.7(a), including the processing of discrimination complaints. (21) A copy of the State agency's fair hearing procedures for SFMNP participants and the administrative appeal procedures for local agencies, farmers, farmers' markets, roadside stands, and/or CSA programs. (22) State agencies that have not previously participated in the SFMNP must provide: (i) A description of the need for the SFMNP in that State agency; (ii) The specific goals and objectives of the SFMNP, designed to fulfill the purpose of the Program as set forth in § 249.1; and (iii) A capability statement that includes a summary description of any prior experience with farmers' market projects or programs, including information and data describing the attributes of such projects or programs. (23) For State agencies making expansion requests, documentation that demonstrates: (i) The need for an increase in funding; (ii) That the use of the increased funding will be consistent with serving eligible SFMNP participants by expanding benefits to more persons, by enhancing current benefits, or a combination of both, and expanding the awareness and use of farmers' markets, roadside stands, and CSA programs; (iii) The ability of the State agency to operate the existing SFMNP satisfactorily; (iv) The management capabilities of the State agency to expand; and (v) Whether, in the case of a State agency that intends to use the funding to increase the value of the Federal benefits received by a participant, the funding provided will increase the rate of coupon redemption. (b) Amendments. (c) Retention of copy. [71 FR 74630, Dec. 12, 2006, as amended at 74 FR 48374, 48375, Sept. 23, 2009] § 249.5 Selection of new State agencies. In selecting new State agencies, FNS will use objective criteria to rank and approve State plans submitted in accordance with § 249.4. In making this ranking, FNS will consider the amount of funds necessary to operate the SFMNP successfully in the State compared with other States and with the total amount of funds available to the SFMNP, the number of participants estimated to be served, and the projected benefit level. Approval of a State Plan does not equate to an obligation on the part of FNS to fund the SFMNP within that State. Subpart C—Participant Eligibility § 249.6 Participant eligibility. (a) Eligibility for certification. (1) Categorical eligibility. (2) Residency requirement. (3) Income eligibility. (b) Documentation of income eligibility Automatically income eligible applicants. (2) Other applicants. (ii) If the State agency offers a benefit of more than $50 per participant through a CSA program, it must require documentation of household size and income from all participants receiving the higher benefit level. (iii) The State agency has the option to require all applicants to provide documentation of family income at certification, and/or to require verification of the information provided by the applicant. (c) Certification periods. (d) Participant rights and responsibilities. (1) During the certification process, every program applicant or authorized representative must be informed of the illegality of dual participation, i.e., obtaining SFMNP benefits from more than one service delivery area or from more than one SFMNP program model (coupon system and CSA program) within the same service delivery area. (2) At the time of certification, each SFMNP applicant or authorized representative must read or have read to him or her the following statements or similar statements: I have been advised of my rights and obligations under the SFMNP. I certify that the information I have provided for my eligibility determination is correct, to the best of my knowledge. This certification form is being submitted in connection with the receipt of Federal assistance. Program officials may verify information on this form. I understand that intentionally making a false or misleading statement or intentionally misrepresenting, concealing, or withholding facts may result in paying the State agency, in cash, the value of the food benefits improperly issued to me and may subject me to civil or criminal prosecution under State and Federal law. Standards for eligibility and participation in the SFMNP are the same for everyone, regardless of race, color, national origin, age, disability, or sex. I understand that I may appeal any decision made by the local agency regarding my eligibility for the SFMNP. (3) During the certification visit, each participant or authorized representative must: (i) Receive an explanation of how to use his/her SFMNP coupons at farmers' markets and roadside stands, and/or how SFMNP foods will be provided under the CSA program in that service delivery area; and (ii) Be advised of the other types of services that are available to SFMNP participants, where such services are located, how they may be obtained, and why they may be useful. (4) Persons found ineligible for the SFMNP during a certification visit must be advised in writing of their ineligibility, of the reasons for their ineligibility, and of their right to a fair hearing. The reasons for ineligibility must be properly documented and must be retained on file at the local agency. Such notice is not required when participation is denied solely because of lack of sufficient funding to provide SFMNP benefits to all eligible applicants. (5) When a State or local agency pursues collection of a claim pursuant to § 249.20(c) against an individual who has been issued SFMNP benefits for which she/he is not eligible, the person must be advised in writing of the reason(s) for the claim, the value of the improperly issued benefits that must be repaid, and of his/her right to a fair hearing. (e) Certification without charge. (f) Use of proxies or authorized representatives. (g) Processing standards. (2) When all available program benefits have been allocated to eligible participants, and there is a reasonable expectation that additional funds may become available to provide further SFMNP benefits to eligible seniors, the local agency must maintain a waiting list of individuals who contact the local agency to apply for the Program. Individuals must be notified of their placement on a waiting list within 15 days after they contact the local agency to request Program benefits. To enable the local agency to contact these individuals when caseload space becomes available, the waiting list must include the name of the applicant, the date placed on the waiting list, and an address or phone number of the applicant. (h) Limitations on certification. § 249.7 Nondiscrimination. (a) Civil rights requirements. (i) Title VI of the Civil Rights Act of 1964; (ii) Title IX of the Education Amendments of 1972; (iii) Section 504 of the Rehabilitation Act of 1973; (iv) The Age Discrimination Act of 1975; (v) Department of Agriculture regulations on nondiscrimination (parts 15, 15a and 15b of this title); and (vi) Applicable FNS Instructions, including requirements for racial and ethnic participation data collection, public notification of the nondiscrimination policy, and annual reviews of each local agency's racial and ethnic participation data (as required by title VI of the Civil Rights Act of 1964). (2) Compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and regulations and instructions issued thereunder shall include, but not be limited to: (i) Notification to the public of the nondiscrimination policy and complaint rights of participants and potentially eligible persons, which may be satisfied through FNS' required nondiscrimination statement on brochures and publications; (ii) Review and monitoring activity to ensure SFMNP compliance with the nondiscrimination laws and regulations; and (iii) Establishment of grievance procedures for handling participant complaints based on sex and handicap. (b) Complaints. Subpart D—Participant Benefits § 249.8 Level of benefits and eligible foods. (a) General. (b) The value of the Federal benefits received. (i) A State agency that operated the SFMNP in FY 2006 may continue to issue the same level of benefits that was provided to participants in FY 2006, even if the benefit level was less than $20; (ii) Participants served by a State agency that operated the SFMNP through a CSA program model in FY 2006 may, at the State agency's discretion, continue to receive the same CSA benefit levels that were provided to such participants in FY 2006, subject to the conditions set forth at § 249.14(e)(3), Distribution of Funds; and (iii) Participants who are participating in the SFMNP through a CSA program may receive a higher total benefit level than participants participating in a check or coupon program model, as long as that level is consistent for all Senior CSA program participants and does not exceed the $50 annual maximum per individual or household, except as provided in paragraph (b)(1) of this section. (2) The total value of SFMNP benefits provided in a combination of program models, such as coupons/checks and bulk purchase, may not exceed the $50 maximum benefit level set forth in paragraph 249.8(b)(1). (c) Participant or household benefit allocation. (2) Benefits may be allocated on an individual or on a household basis. (3) Foods provided are intended for the sole benefit of SFMNP participants and are not meant to be shared with other non-participating household members. (4) Participants must receive SFMNP benefits free of charge. [71 FR 74630, Dec. 12, 2006, as amended at 74 FR 48374, Sept. 23, 2009] § 249.9 Nutrition education. (a) Goal. (b) Requirement. Subpart E—State Agency Provisions § 249.10 Coupon, market, and CSA program management. (a) General. (1) Only farmers, farmers' markets, and/or roadside stands authorized by the State agency may redeem SFMNP coupons. Only farmers authorized by the State agency, or having a valid agreement with an authorized farmers' market, may redeem coupons. Only CSA programs authorized by the State agency may receive payment from the State agency at the beginning of the planting season, in order to provide eligible foods to senior participants who are shareholders. (2) The State agency must establish criteria for the authorization of individual farmers and/or farmers' markets, roadside stands, and/or CSA programs. Any authorized farmer, farmers' market, roadside stand and/or CSA program must agree to sell participants only those foods identified as eligible by the State agency. State agencies may determine farmers, farmers' markets and/or roadside stands as automatically authorized to participate in the SFMNP based on current authorization to operate in the FMNP under part 248 of this chapter. Individuals who exclusively sell produce grown by someone else, such as wholesale distributors, cannot be authorized to participate in the SFMNP, except individuals employed by a farmer otherwise qualified under these regulations, or individuals hired by a nonprofit organization to sell produce at roadside stands on behalf of local farmers. (3) The State agency must ensure that an appropriate number of farmers, farmers' markets, roadside stands, and/or CSA programs are authorized for adequate participant access in the area(s) proposed to be served and for effective management of the farmers, farmers' markets, roadside stands, and/or CSA programs by the State agency. (4) The State agency may establish criteria to limit the number of authorized farmers, farmers' markets, and/or roadside stands. (5) The State agency must limit the value of shares awarded to CSA programs to no more than 50 percent of their total Federal SFMNP food grant, except in the case of a State agency that has grandfathered a CSA program model into the permanent SFMNP that uses more than 50 percent of the total Federal SFMNP food grant for the CSA program. The State agency shall make efforts to select the CSA program(s) that provides the greatest variety of eligible foods. (6) The State agency may purchase bulk quantities of eligible foods directly from authorized farmers. Such foods must then be equitably divided among and distributed directly to eligible SFMNP participants. SFMNP participants who have received checks or coupons to purchase eligible foods earlier in the season may also receive foods through the bulk purchase option as long as the total combined value of the benefits provided to each SFMNP participant does not exceed $50, as stipulated in § 249.8(b). (7) The State agency shall ensure that training is conducted prior to start up of the first year of SFMNP participation of an individual farmer, farmers' market, roadside stand, and/or CSA program. The training shall include at a minimum those items listed in paragraph (d) of this section, and may be delivered in a variety of methods, including but not limited to classroom settings, telephone conferences, videoconferences, and web-based training modules. (8) Authorized farmers shall display a sign stating that they are authorized to redeem SFMNP coupons. (9) Authorized farmers, farmers' markets, roadside stands, and/or CSA programs shall comply with the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Department of Agriculture regulations on nondiscrimination (parts 15, 15a and 15b of this title), and FNS Instructions as outlined in § 249.7. (10) The State agency shall ensure that there is no conflict of interest between the State or local agency and any participating farmer, farmers' market, roadside stand and/or CSA program. (b) Farmer, farmers' market, roadside stand, and/or CSA program agreements. (1) The farmer, farmers' market and/or roadside stand shall: (i) Provide such information as the State agency may require for its periodic reports to FNS; (ii) Assure that SFMNP coupons are redeemed only for eligible foods; (iii) Provide eligible foods at or less than the price charged to other customers; (iv) Accept SFMNP coupons within the dates of their validity and submit such coupons for payment within the allowable time period established by the State agency; (v) In accordance with a procedure established by the State agency, mark each transacted coupon with a farmer identifier. In those cases where the agreement is between the State agency and the farmer and/or roadside stand, each transacted SFMNP coupon shall contain a farmer identifier and shall be batched for reimbursement under that identifier. In those cases where the agreement is between the State agency and the farmers' market, each transacted SFMNP coupon shall contain a farmer identifier and be batched for reimbursement under a farmers' market identifier. (vi) Accept training on SFMNP procedures and provide training to farmers and any employees with SFMNP responsibilities on such procedures; (vii) Agree to be monitored for compliance with SFMNP requirements, including both overt and covert monitoring; (viii) Be accountable for actions of farmers or employees in the provision of eligible foods and related activities; (ix) Pay the State agency for any coupons transacted in violation of this agreement; (x) Offer SFMNP participants the same courtesies as other customers; (xi) Comply with the nondiscrimination provisions of USDA regulations as provided in § 249.7; and (xii) Notify the State agency if any farmer, farmers' market or roadside stand ceases operation prior to the end of the authorization period. (2) The farmer, farmers' market and/or roadside stand shall neither: (i) Seek restitution from SFMNP participants for coupons not paid by the State agency; nor (ii) Issue cash change for purchases that are in an amount less than the value of the SFMNP coupon(s); nor (iii) Collect tax on SFMNP coupon purchases. (3) The CSA program shall: (i) Provide such information as the State agency may require for its periodic reports to FNS; (ii) Assure that SFMNP participants receive only eligible foods; (iii) Provide eligible foods to their SFMNP shareholders at or less than the price charged to other customers; (iv) Assure that the shareholder receives eligible foods that are of equitable value and quantity to their share; (v) Assure that all funds from the State agency are used for planting of crops for SFMNP shareholders; (vi) Provide to the State agency access to a tracking system that determines the value of the eligible foods provided and the remaining value owed to each SFMNP shareholder; (vii) Assure that SFMNP shareholders/authorized representatives provide written acknowledgement of receipt of eligible foods; (viii) Accept training on SFMNP procedures and provide training to farmers and any employees with SFMNP responsibilities for such procedures; (ix) Agree to be monitored for compliance with SFMNP requirements, including both overt and covert monitoring; (x) Be accountable for actions of farmers or employees in the provision of eligible foods and related activities; (xi) Offer SFMNP shareholders the same courtesies as other customers; (xii) Notify the State agency immediately when the CSA program is experiencing a problem with its crops, and may be unable to provide SFMNP shareholders with the complete amount of eligible foods agreed upon between the CSA program and the State agency; (xiii) Comply with the nondiscrimination provisions of USDA regulations as provided in § 249.7; and (xiv) Notify the State agency if any CSA program ceases operation prior to the end of the authorization period. (4) The CSA program shall not substitute ineligible produce when eligible foods are not available. (5) Neither the State agency nor the farmer, farmers' market, roadside stand, and/or CSA program has an obligation to renew the agreement. The State agency or the farmer, farmers' market, roadside stand and/or CSA program may terminate the agreement for cause after providing advance written notification. (6) The State agency may deny payment to the farmer, farmers' market and/or roadside stand for improperly redeemed SFMNP coupons and may demand refunds for payments already made on improperly redeemed coupons. (7) The State agency may demand a refund from any CSA program that fails to provide the full benefit to all SFMNP shareholders as specified in its contract, or that provides ineligible foods as substitutes for eligible foods. (8) The State agency may disqualify a farmer, farmers' market, roadside stand, and/or CSA program for SFMNP violations. The farmer, farmers' market, roadside stand, and/or CSA program has the right to appeal a denial of an application to participate, a disqualification, or a SFMNP sanction by the State agency. Expiration of a contract or agreement with a farmer, farmers' market, roadside stand, and/or CSA program, and claims actions under § 249.20, are not appealable. (9) A farmer, farmers' market, roadside stand, and/or CSA program, which commits fraud or engages in other illegal activity is liable to prosecution under applicable Federal, State or local laws. (10) Agreements may not exceed 3 years. (c) Agreements with farmers' markets that do not authorize individual farmers. (d) Annual training for farmers, farmers' market managers and/or farmers that operate a roadside stand or CSA program. (1) Eligible food choices; (2) Proper SFMNP coupon redemption procedures, including deadlines for submission of coupons for payment, and/or receipt of payment for CSA programs' distribution of eligible foods; (3) Equitable treatment of SFMNP participants, including the availability of eligible foods to SFMNP participants that are of the same quality and cost as that sold to other customers; (4) Civil rights compliance and guidelines; (5) Guidelines for storing SFMNP coupons safely; and (6) Guidelines for cancelling SFMNP coupons, such as punching holes or rubber-stamping. (e) Monitoring and review of farmers, farmers' markets, roadside stands, CSA programs and local agencies. (1) Where coupon reimbursement responsibilities are delegated to farmers' market managers, farmers' market associations, or nonprofit organizations, the State agency may establish bonding requirements for these entities. Costs of such bonding are not reimbursable administrative expenses. (2)(i) Each State agency shall rank participating farmers, farmers' markets, roadside stands, and/or CSA programs by risk factors, and shall conduct annual, on-site monitoring of at least 10 percent of farmers, 10 percent of farmers' markets, 10 percent of roadside stands, and 10 percent of the CSA programs or one of each program model, whichever is greater, which shall include those farmers, farmers' markets, roadside stands, and/or CSA programs identified as being the highest-risk. (ii) Mandatory high-risk indicators include: (A) A proportionately high volume of SFMNP coupons redeemed by a farmer within a farmers' market or at a single roadside stand (as compared to other farmers within the farmers' market or within the State); (B) Participant complaints; (C) In the case of CSA programs, an extended or ongoing inability to provide the full SFMNP benefit to each shareholder as contracted; and (D) Farmers, farmers' markets, roadside stands, and/or CSA programs in their first year of SFMNP operation. States are encouraged to formally establish other high-risk indicators for identifying potential problems. (iii) If additional high-risk indicators are established, they must be set forth in the farmers, farmers' market, roadside stand, and/or CSA program agreement and in the State Plan. If application of the high-risk indicators results in fewer than 10 percent of farmers, farmers' markets, roadside stands, and/or CSA programs being designated as high-risk, the State agency shall randomly select additional farmers, farmers' markets, roadside stands, and/or CSA programs to be monitored in order to meet the 10 percent minimum. The high-risk indicators listed above generally apply to a State agency already participating in the SFMNP. A State agency participating in the SFMNP for the first time shall, in lieu of applying the high-risk indicators, randomly select 10 percent of its participating farmers, 10 percent of its participating farmers' markets, 10 percent of its participating roadside stands, and 10 percent of its participating CSA programs or at least one farmers' market, roadside stand, and/or CSA program, whichever is greater, for monitoring visits. (3)(i) The following shall be documented for all on-site monitoring visits to farmers, farmers' markets, roadside stands, and/or CSA programs, at a minimum: (A) Names of both the farmer, farmers' market, roadside stand, and/or CSA program and the reviewer; (B) Date of review; (C) Nature of problem(s) detected or the observation that the farmer, farmers' market, roadside stand, and/or CSA program appears to be in compliance with SFMNP requirements; (D) Record of interviews with participants, market managers, farmers, and/or farmers who operate a CSA program; and (E) Signature of the reviewer. (ii) Reviewers are not required to notify the farmer, farmers' market, roadside stand, and/or CSA program of the monitoring visit before, during, or immediately after the visit. The State agency shall do so after a reasonable delay when necessary to protect the identity of the reviewer(s) or the integrity of the investigation. (iii) In instances where the farmer, farmers' market, roadside stand, and/or CSA program will be permitted to continue participating in the SFMNP after being informed of any deficiencies detected by the monitoring visit, the farmer, farmers' market, roadside stand, and/or CSA program shall provide plans as to how the deficiencies will be corrected. (4) At least every 2 years, the State agency must review all local agencies within its jurisdiction. (f) Control of SFMNP coupons. (1) Control and provide accountability for the receipt and issuance of SFMNP coupons; (2) Ensure that there is secure transportation and storage of unissued SFMNP coupons; and (3) Design and implement a system of review of SFMNP coupons to detect errors. At a minimum, the errors the system must detect are a missing participant signature (if such signature is required by the State agency), a missing farmer and/or market identification, and redemption by a farmer outside of the valid date. The State agency must have procedures in place to reduce the number of errors in transactions. (g) Payment to farmers, farmers' markets, roadside stands, and/or CSA programs. (h) Reconciliation of SFMNP coupons. (1) If the State agency elects to replace lost, stolen or damaged SFMNP coupons, it must describe its system for doing so in the State Plan. (2) The State agency must use uniform SFMNP coupons within its jurisdiction. (3) SFMNP coupons must include, at a minimum, the following information: (i) The last date by which the participant may use the coupon. This date shall be no later than November 30 of each year. (ii) A date by which the farmer or farmers' market must submit the coupon for payment. When establishing this date, State agencies shall take into consideration the date financial statements are due to the FNS, and allow time for the corresponding coupon reconciliation that must be done by the State agency prior to submission of financial statements. Financial statements are due to FNS by January 30. (iii) A unique and sequential serial number. (iv) A denomination (dollar amount). (v) A farmer identifier for the redeeming farmer when agreements are between the State agency and the farmer. (vi) In those instances where State agencies have agreements with farmers' markets, there must be a farmer identifier on each coupon and a market identifier on the cover of coupons that are batched by the market manager for reimbursement. (i) Instructions to participants. (1) A list of names and addresses of authorized farmers, farmers' markets, and/or roadside stands at which SFMNP coupons may be redeemed, or procedures on the home-delivery process; (2) Procedures to designate a proxy; (3) The name and address of the authorized farmer of the CSA program, and locations of distribution sites; (4) A description of eligible foods and the prohibition against cash change for SFMNP purchases of eligible foods; (5) A description of eligible foods that will be provided through the CSA program; (6) A schedule outlining a timeframe for distribution of the eligible foods from the CSA program; and (7) An explanation of his/her right to complain about improper farmer, farmers' market, roadside stand, and/or CSA program practices with regard to SFMNP responsibilities and the process for doing so. (j) Participant and farmer, farmers' market, roadside stand, and/or CSA program complaints. (k) Participant and farmer, farmers' market, roadside stand, and/or CSA program sanctions. (2) In those instances where compliance purchases are conducted, the results of covert compliance purchases can be a basis for farmer, farmers' market, and/or roadside stand sanctions. (3) A farmer, farmers' market, roadside stand, and/or CSA program committing fraud or other unlawful activities are liable to prosecution under applicable Federal, State or local laws. (4) State agency policies must ensure that a farmer that is disqualified from the SFMNP at one market, roadside stand, or CSA program shall not participate in the SFMNP at any other farmers' market, roadside stand or CSA program in the State's jurisdiction during the disqualification period. (5) State agency policies must ensure that a farmer, farmers' market, roadside stand, and/or CSA program that is disqualified from participating in the WIC Farmers' Market Nutrition Program is also disqualified from participating in the SFMNP in the State's jurisdiction during the disqualification period. [71 FR 74630, Dec. 12, 2006, as amended at 74 FR 48375, Sept. 23, 2009; 81 FR 66497, Sept. 28, 2016] § 249.11 Financial management system. (a) Disclosure of expenditures. (b) Internal controls. (c) Record of expenditures. (d) Payment of costs. (e) Identification of obligated funds. (f) Resolution of audit findings. (g) Reconciliation of food instruments. (h) Transfer of cash. [71 FR 74630, Dec. 12, 2006, as amended at 83 FR 14174, Apr. 3, 2018] § 249.12 SFMNP costs. (a) General Composition of allowable costs. (i) Food costs and administrative costs. (ii) Direct and indirect costs. (2) Costs allowable with prior approval. (3) Unallowable costs. (b) Specified allowable administrative costs. (1) The costs associated with administration and start-up; (2) The costs associated with the provision of nutrition education that meets the requirements of § 249.9; (3) The costs of SFMNP coupon issuance, or participant education covering proper coupon redemption procedures; (4) The cost of eligibility determinations and outreach services; (5) The costs associated with the coupon and market management process, such as printing SFMNP coupons, processing redeemed coupons, purchasing bags or other containers to be used in home-delivery and bulk purchase operations, and training farmers, market managers, and/or farmers who operate CSA programs on SFMNP operations; (6) The cost of monitoring and reviewing Program operations; (7) The cost of SFMNP training; (8) The cost of required reporting and recordkeeping; (9) The cost of determining which local sites will be utilized; (10) The cost of recruiting and authorizing farmers, farmers' markets, roadside stands, and/or CSA programs to participate in the SFMNP; (11) The cost of preparing contracts for farmers, farmers' markets, roadside stands, and/or CSA programs; (12) The cost of developing a data processing system for redemption and reconciliation of SFMNP coupons; (13) The cost of designing program training and informational materials; and (14) The cost of coordinating SFMNP responsibilities between designated administering agencies. [71 FR 74630, Dec. 12, 2006, as amended at 81 FR 66497, Sept. 28, 2016; 83 FR 14174, Apr. 3, 2018] § 249.13 Program income. Program income [71 FR 74630, Dec. 12, 2006, as amended at 81 FR 66497, Sept. 28, 2016] § 249.14 Distribution of funds to State agencies. (a) State Plan and agreement. (b) Distribution of SFMNP funds to previously participating State agencies. (c) Ratable reduction. (d) Expansion of participating State agencies and establishment of new State agencies. (1) Of the remaining funds, 75 percent shall be made available to State agencies already participating in the SFMNP that wish to serve additional participants or increase the current benefit level. If this amount is greater than that necessary to satisfy all State Plans approved for expansion, the unallocated amount shall be applied toward satisfying any unmet need in paragraph (d)(2) of this section. (2) Of the remaining funds, 25 percent shall be made available to State agencies that have not participated in the SFMNP in any prior fiscal year. If this amount is greater than that necessary to satisfy the approved State Plans for new States, the unallocated amount shall be applied toward satisfying any unmet need in paragraph (d)(1) of this section. FNS reserves the right not to fund every State agency with an approved State Plan. (e) Expansion for current State agencies. (1) Whether the State agency utilized at least 80 percent of its prior year food grant. States that did not spend at least 80 percent of their prior year food grant may still be eligible for expansion funding if, in the judgment of FNS, good cause existed which was beyond the management control of the State, such as severe weather conditions or unanticipated decreases in participant caseload; (2) Documentation supporting the funds expansion request as outlined in § 249.4(a)(23); and (3) Whether the State agency currently issues a participant benefit greater than $50. Such State agencies will not be eligible to receive additional SFMNP funds for expansion until the maximum participant benefit no longer exceeds $50. (f) Funding of new State agencies. (g) Administrative funding. (h) Recovery of unused funds. § 249.15 Closeout procedures. (a) General. (b) Grant closeout procedures. (1) FNS may disqualify a State agency's participation under the SFMNP, in whole or in part, or take such remedies as may be appropriate, whenever FNS determines that the State agency failed to comply with the conditions prescribed in this part, in its Federal-State Agreement, or in FNS guidelines and Instructions. FNS will promptly notify the State agency in writing of the disqualification together with the effective date. (2) FNS may terminate a grant when both parties agree that continuation under the SFMNP would not produce beneficial results commensurate with the further expenditure of funds. (3) Upon termination of a grant, the affected agency may not incur new obligations after the effective date of the disqualification, and must cancel as many outstanding obligations as possible. FNS will allow full credit to the State agency for the Federal share of the noncancellable obligations properly incurred by the State agency prior to disqualification, and the State agency shall do the same for farmers, farmers' markets, roadside stands, and/or CSA programs. (4) A grant closeout shall not affect the retention period for, or Federal rights of access to, SFMNP records as specified in § 249.23(a). The closeout of a grant does not affect the responsibilities of the State agency regarding property or with respect to any SFMNP income for which the State agency is still accountable. (5) A final audit is not a required part of the grant closeout and should not be needed unless there are problems with the grant that require attention. If FNS considers a final audit to be necessary, it shall so inform OIG. OIG will be responsible for ensuring that necessary final audits are performed and for any necessary coordination with other Federal cognizant audit agencies or State or local auditors. Audits performed in accordance with § 249.18 may serve as final audits providing such audits meet the needs of requesting agencies. If the grant is closed out without an audit, FNS reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. [71 FR 74630, Dec. 12, 2006, as amended at 81 FR 66497, Sept. 28, 2016] § 249.16 Administrative appeal of State agency decisions. (a) Requirements. (1) What may be appealed. (ii) A participant may appeal disqualification/suspension of SFMNP benefits. (iii) A local agency may appeal an action of the State agency disqualifying it from participating in the SFMNP. (iv) A farmer, farmers' market, roadside stand, and/or CSA program may appeal an action of the State agency denying its application to participate, imposing a sanction, or disqualifying it from participating in the SFMNP. (2) What may not be appealed. (b) Time limit for request. (c) Postponement pending decision. (1) In a case where an adverse action affects a local agency or farmer, farmers' market, roadside stand, and/or CSA program, a postponement is appropriate where the State agency finds that participants would be unduly inconvenienced by the adverse action. In addition, the State agency may determine other relevant criteria to be considered in deciding whether or not to postpone an adverse action. (2) Applicants who are denied benefits at initial certification may appeal the denial, but must not receive SFMNP benefits while awaiting the hearing. Participants who appeal the termination of benefits within the period of time provided under paragraph (b) of this section must continue to receive Program benefits until the hearing official reaches a decision or the certification period expires, whichever occurs first. This does not apply to participants whose certification period has already expired or who become otherwise ineligible for SFMNP benefits. Participants who become ineligible during a certification, or whose certification period expires, may appeal the termination, but must not receive benefits while awaiting the hearing. (d) Procedure. (1) Written notification of the adverse action, the cause(s) for the action, and the effective date of the action, including the State agency's determination of whether the action shall be postponed under paragraph (c) of this section if it is appealed, and the opportunity for a hearing. Such notification shall be provided within a reasonable timeframe established by the State agency and in advance of the effective date of the action. (2) The opportunity to appeal the action within the time specified by the State agency in its notification of adverse action. (3) Adequate advance notice of the time and place of the hearing to provide all parties involved sufficient time to prepare for the hearing. (4) The opportunity to present its case and at least one opportunity to reschedule the hearing date upon specific request. The State agency may set standards on how many hearing dates can be scheduled, provided that a minimum of two hearing dates is allowed. (5) The opportunity to confront and cross-examine adverse witnesses. (6) The opportunity to be represented by counsel or, in the case of a participant appeal, by a representative designated by the participant, if desired. (7) The opportunity to review the case record prior to the hearing. (8) An impartial decision maker, whose decision as to the validity of the State agency's action shall rest solely on the evidence presented at the hearing and the statutory and regulatory provisions governing the SFMNP. The basis for the decision shall be stated in writing, although it need not amount to a full opinion or contain formal findings of fact and conclusions of law. (9) Written notification of the decision in the appeal, within 60 days from the date of receipt of the request for a hearing by the State agency. (e) Continuing responsibilities. (f) Judicial review. (g) Additional appeals procedures for State agencies that authorize farmers' markets and not individual farmers. Subpart F—Monitoring and Review of State Agencies § 249.17 Management evaluations and reviews. (a) General. (1) Provide assistance to State agencies in discharging this responsibility; (2) Establish standards and procedures to determine how well the objectives of this part are being accomplished; and (3) Implement sanction procedures as warranted by State SFMNP performance. (b) Responsibilities of FNS. (1) FNS may withhold up to 10 percent of the State agency's total SFMNP grant if FNS determines that the State agency has: (i) Failed, without good cause, to demonstrate efficient and effective administration of its SFMNP; or (ii) Failed to comply with the requirements contained in this section or the State Plan. (2) Sanctions imposed upon a State agency by FNS in accordance with this section (but not claims for repayment assessed against a State agency) may be appealed in accordance with the procedures established in § 249.20(a). Before carrying out any sanction against a State agency, the following procedures will be followed: (i) FNS will notify the chief departmental officer of the administering agency in writing of the deficiencies found and of FNS' intention to withhold administrative funds unless an acceptable corrective action plan is submitted by the State agency to FNS within 45 days after mailing of notification. (ii) The State agency shall develop a corrective action plan, including timeframes for implementation to address the deficiencies and prevent their future recurrence. (iii) If the corrective action plan is acceptable, FNS will notify the chief departmental officer of the administering agency in writing within 30 days of receipt of the plan. The letter will advise the State agency of the sanctions to be imposed if the corrective action plan is not implemented according to the schedule set forth in the approved plan. (iv) Upon notification from the State agency that corrective action has been taken, FNS will assess such action and, if necessary, perform a follow-up review to determine if the noted deficiencies have been corrected. FNS will then advise the State agency of whether the actions taken are in compliance with the corrective action plan, and whether the deficiency is resolved or further corrective action is needed. Compliance buys can be required if, during FNS management evaluations by regional offices, a State agency is found to be out of compliance with its responsibility to monitor and review farmers, farmers' markets, roadside stands, and community supported agriculture programs. (v) If an acceptable corrective action plan is not submitted within 45 days, or if corrective action is not completed according to the schedule established in the corrective action plan, FNS may withhold the award of SFMNP administrative funds. If the 45-day warning period ends in the fourth quarter of a fiscal year, FNS may elect not to withhold funds until the next fiscal year. In such an event, FNS will notify the chief departmental officer of the administering State agency. (vi) If compliance is achieved before the end of the fiscal year in which the SFMNP administrative funds are withheld, the funds withheld may be restored to the State agency. FNS is not required to restore funds withheld beyond the end of the fiscal year for which the funds were initially awarded. (c) Responsibilities of State agencies. (1) The State agency must establish evaluation and review procedures and document the results of such procedures. The procedures must include, but are not limited to: (i) Conducting annual monitoring reviews of participating farmers' markets, roadside stands, and community supported agriculture programs. This includes on-site reviews of a minimum of 10 percent of farmers and 10 percent of each type of authorized outlet (farmers' markets, roadside stands, and community supported agriculture programs), and includes those farmers and authorized outlets identified as being at the highest risk. The first year of operation in the SFMNP shall be considered a high-risk indicator. More frequent reviews may be performed, as the State agency deems necessary. In States where both the SFMNP and the WIC Farmers' Market Nutrition Program are in operation, these reviews may be coordinated to avoid duplication. A review by one program may be counted by the other program toward the monitoring requirement, provided that appropriate sanction action is taken for all violations found. (ii) Conducting monitoring reviews of all local agencies within the State agency's jurisdiction at least once every 2 years. Monitoring of local agencies shall encompass, but not be limited to, evaluation of management, accountability, certification, nutrition education, financial management systems, and coupon and/or CSA program management systems. When the State agency conducts a local agency review outside of the SFMNP season, a review of documents and procedural plans of the SFMNP, rather than actual SFMNP activities, is acceptable. (iii) Instituting the necessary follow-up procedures to correct identified problem areas. (2) On its own initiative or when required by FNS, the State agency must provide special reports on SFMNP activities, and take positive action to correct deficiencies in SFMNP operations. § 249.18 Audits. (a) Federal access to information. (b) State agency response. (c) Corrective action. (d) State sponsored audits. [71 FR 74630, Dec. 12, 2006, as amended at 81 FR 66497, Sept. 28, 2016] § 249.19 Investigations. (a) Authority. (b) Confidentiality. Subpart G—Miscellaneous Provisions § 249.20 Claims and penalties. (a) Claims against State agencies. (2) If FNS determines that any part of the SFMNP funds received, coupons printed, and/or eligible foods otherwise lost by a State agency were lost as a result of theft, embezzlement, or unexplained causes, the State agency must, on demand by FNS, pay to FNS a sum equal to the amount of the money or the value of the SFMNP funds or coupons/eligible foods so lost. (3) The State agency will have full opportunity to submit evidence, explanation or information concerning alleged instances of noncompliance or diversion before a final determination is made in such cases. (4) FNS is authorized to establish claims against a State agency for unreconciled SFMNP coupons, and/or for failure to comply with the terms of duly executed CSA program contracts or agreements. When a State agency can demonstrate that all reasonable management efforts have been devoted to reconciliation and 99 percent or more of the SFMNP coupons issued, or of the eligible foods contracted for delivery by the CSA program, have been accounted for by the reconciliation process, FNS may determine that the reconciliation process has been completed to satisfaction. (b) Interest charge on claims against State agencies. § 249.21 Procurement and property management. (a) Requirements. (b) Contractual responsibilities. (c) State regulations. (1) Such regulations reflect applicable State and local regulations; and (2) Any procurements made with SFMNP funds adhere to the standards set forth in 2 CFR part 200, subpart D, and USDA implementing regulations 2 CFR parts 400 and 415. (d) Property acquired with program funds. [71 FR 74630, Dec. 12, 2006, as amended at 81 FR 66497, Sept. 28, 2016; 83 FR 14174, Apr. 3, 2018] § 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 (2 CFR part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension and USDA implementing regulations 2 CFR part 417) and drug-free workplace (2 CFR part 182, Government-wide Requirements for Drug-Free Workplace), as well as FNS' regulations governing restrictions on lobbying (2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400, part 415, and part 418), where applicable. [; 81 FR 66498, Sept. 28, 2016 § 249.23 Records and reports. (a) Recordkeeping 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. (b) Financial and participant reports. (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. (d) Certification of reports. (e) Use of reports. [71 FR 74630, Dec. 12, 2006, as amended at 81 FR 66497, Sept. 28, 2016] § 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. et seq. (b) Statistical information. (c) Exclusion of benefits in determining eligibility for other programs. [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: (1) 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. (2) 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. (3) 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. (4) Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin: U.S. Department of Agriculture, FNS, Midwest Region, 77 West Jackson Boulevard—20th floor, Chicago, Illinois 60604-3507. (5) Arkansas, Louisiana, New Mexico, Oklahoma, Texas: U.S. Department of Agriculture, FNS, Southwest Region, 1100 Commerce Street, Room 555, Dallas, Texas 75242. (6) 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. (7) 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, 550 Kearny Street, Room 400, San Francisco, California 94108. (b) Inquiries pertaining to the SFMNP administered by a federally recognized Indian tribal organization (ITO) should be addressed to the FNS Regional Office responsible for the geographic State in which that ITO is located. § 249.27 OMB Control Number. The information collection requirements for part 249 have been reviewed and approved by the Office of Management and Budget (OMB). The OMB approval number is 0584-0541. [72 FR 13671, Mar. 23, 2007]