1520.9 Appeals.

1520.10 Inspection and copies.

AUTHORITY: The provisions of this Part 1520 issued under 5 U.S.C. 552, 559.

SOURCE: The provisions of this Part 1520 appear at 32 F.R. 9827, July 6, 1967, unless otherwise noted.

Subpart A Availability of Reports, Staff Manuals and Instructions, and Related Material

§ 1520.1 Reports and informational material.

The Foreign Agricultural Service, hereinafter referred to as "FAS", issues from time to time reports, leaflets, and other informational material concerning the programs for which it has responsibilities in the field of foreign agricultural trade, including the administration of Public Law 480. As such reports and material are issued, copies, will be mailed to all interested persons who may be affected. FAS will make all such issued reports and material available for public inspection and copying. Forms utilized by participants in FAS programs will also be made available for public inspection and copying.

FAS will maintain and make available for public inspection and copying a current index providing identifying information for all FAS reports and staff manuals and instructions made available pursuant to § 1520.2.

§ 1520.4 Facilities for inspection; copies.

Facilities for public inspection and copying of the material described in the foregoing sections will be provided in a reading area in the office of the Assistant Administrator for Management, FAS, South Building, U.S. Department of Agriculture, Washington, D.C. Copies of such material may also be obtained in person or by mail. Applicable fees are prescribed by the Director, Office of Plant and Operations, U.S. Department of Agriculture.

Subpart B-Disclosure of Identifiable Records

§ 1520.5 Requests.

Requests for FAS records pursuant to 5 U.S.C. 552(a) (3) shall (a) be made to the Assistant Administrator for Management, FAS, South Building, U.S. Department of Agriculture, Washington, D.C. 20250, and (b) identify each record sought with reasonable specificity. The Assistant Administrator may require that the request be made in writing. Re

quests for records may be filed in person or by mail.

§ 1520.6 Delegation of authority.

Subject to the provisions of § 1520.9, the Assistant Administrator for Management is authorized to act on behalf of FAS on all requests for records in accordance with 5 U.S.C. 552, as implemented by this subpart and the regulations of the Secretary of Agriculture, Part 1 of this title, as amended.

§ 1520.7 Available records.

The Assistant Administrator for Management will promptly make available all FAS records requested in accordance with § 1520.5 unless he determines that it is an exempt record as described in § 1520.8. The Assistant Administrator shall promptly give written notice of any such determination, together with the reasons therefor.

§ 1520.8 Exempt records.

Exempt records of FAS include the following:

(a) Matters that are specifically required by Executive order to be kept secret.

(b) Matters that are related solely to the internal personnel rules and practices of FAS.

(c) Matters that are specifically exempt from disclosure by statute.

(d) Matters that are trade secrets and commercial or financial information obtained from a person and privileged or confidential.

(e) Matters that are intra-agency and interagency memoranda or letters which would not be available by law to a party other than an agency of the Government in litigation with FAS.

(f) Matters that are personnel and medical files and similar files the dis

closure of which would constitute a clearly unwarranted invasion of personal privacy.

(g) Matters that are investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency of the Government.

§ 1520.9 Appeals.

A denial by the Assistant Administrator for Management of any request for a FAS record may be appealed by the person who made the request to the Administrator, FAS. The appeal shall be made in writing within 15 days after the date of mailing of the Assistant Administrator's notice of determination. The Administrator will give written notice of FAS's final determination. As provided in the regulations of the Secretary of Agriculture governing the availability of official records, Part 1 of this title, as amended, except where disclosure is prohibited by statute, Executive order, or the regulations of other Government agencies, the Administrator may, in individual cases, make records exempt from disclosure available if he determines that disclosure will not adversely affect the national interest or constitute an unwarranted invasion of individual privacy. § 1520.10 Inspection and copies.

A person who has requested available records shall be promptly notified that upon payment of applicable fees, he may inspect and copy such records, and purchase copies or extracts thereof, in the office of the Assistant Administrator for Management, on business days from 9:30 a.m. to 5 p.m. Copies of such records may also be purchased by mail. Applicable fees are prescribed by the Director, Office of Plant and Operations, U.S. Department of Agriculture.

Part

1600.4 Coupons as obligations of the United States, crimes and offenses.

1600.5 Miscellaneous provisions.

AUTHORITY: The provisions of this Part 1600 issued under 78 Stat. 703, 7 U.S.C. 2011 note.

SOURCE: The provisions of this Part 1600 appear at 30 F.R. 4316, Apr. 2, 1965, unless otherwise noted.

§ 1600.1 General purpose and scope.

The Food Stamp Act of 1964 (P.L. 88525, 78 Stat. 703) authorizes the Secretary of Agriculture to formulate and administer a food stamp program for the purpose of encouraging the increased utilization of the nation's abundance of food by raising levels of nutrition among low-income households. The regulations in this chapter are issued for the purpose of effectuating the provisions of the Act. These revised regulations prescribe the policies and procedures governing the participation in the Program of State agencies, eligible housholds, retail food stores, wholesale food concerns, banks and other persons concerned with the issuance, possession, negotiation and redemption of coupons

under the Program. This revised Part 1600 contains general information, deflnitions, and other material applicable to the Program as a whole. Revised Part 1601 sets forth policies and procedures governing the manner in which State agencies desiring to participate in the Program will carry out the administrative responsibilities assumed by them under the provisions of the Food Stamp Act of 1964, and further prescribes the manner in which eligible households can obtain and use coupons issued to them by such State agencies. Revised Part 1602, to be published at a later date, will set forth additional terms and conditions relating to the participation of retail food stores, wholesale food concerns and banks.

§ 1600.2 Definitions.

For the purpose of this chapter, the term:

(a) "Application form” means C&MS forms "Retailer Application for Authorization to Participate in the Food Stamp Program" or "Wholesaler Application for Authorization to Participate in the Food Stamp Program," or both as required by the context.

(b) "Authorization" means the approval by C&MS of retail food stores and wholesale food concerns to participate in the Program.

(c) "Authorization card" means the C&MS form which evidences approval of a retail food store or a wholesale food concern to participate in the Program.

(d) "Bank" means member and nonmember banks of the Federal Reserve System.

(e) "Coupon" means any coupon, stamp, or type of certificate issued pursuant to the provisions of this chapter for the purchase of eligible food.

(f) "C&MS" means the Consumer and Marketing Service of the U.S. Department of Agriculture.

(g) "Coupon allotment" means the total value of coupons issued to a household during each month or other time period not in excess of 1 month.

(h) "Department" means the U.S. Department of Agriculture.

(i) "Eligible food" means any food or food product for human consumption except alcoholic beverages, tobacco, those foods which are identified on the package as being imported, and meat and meat products which are imported.

а

(j) "Eligible household" means household that lives in a project area and whose income and resources are determined to be a substantial limiting factor in the attainment of a nutritionally adequate low-cost diet.

(k) "Federal fiscal year" means a period of 12 calendar months beginning with July 1 of any calendar year and ending with June 30 of the following calendar year.

(1) "Federally aided public assistance program" means any of the following programs authorized in the Social Security Act of 1935, as amended: Old-Age Assistance, Aid to Families with Dependent Children, Aid to the Blind, and Aid to the Permanently and Totally Disabled.

(m) "Federal reserve banks" means the 12 Federal Reserve Banks and their 24 branches.

(n) "Firm" means a retail food store or a wholesale food concern.

(o) "Food retailer" means any individual, partnership, corporation or other legal entity owning or operating a retail food store.

(p) "Food wholesaler" means any individual, partnership, corporation or other legal entity owning or operating a wholesale food concern.

(q) "Free coupon(s)" mean(s) that portion of the coupon allotment that is

in excess of the amount paid by an eligible household for its coupon allotment.

(r) "Head of the household" means the member of the household in whose name application is made for participation in the Program.

(s) "Household" means a group of related or nonrelated individuals, who are not residents of an institution or boarding house, but who are living as one economic unit sharing common cooking facilities and for whom food is customarily purchased in common. It shall also mean a single individual living alone who has cooking facilities and who purchases and prepares food for home consumption.

(t) "Program" means the Food Stamp Program conducted under the Food Stamp Act of 1964 (P.L. 88-525, 78 Stat. 703) and the provisions of this chapter.

(u) "Project area" means the political subdivision within a State which has been approved for participation in the Program by the Department.

(v) "Purchase requirement" means the amount to be paid by an eligible household for its coupon allotment.

(w) "Redemption certificate" means C&MS Forms: "Retail Merchants Food Stamp Program Redemption Certificate"; or "Wholesale Food Stamp Program Redemption Certificate," or both as required by the context.

(x) "Retail food store" means an establishment, including a recognized department thereor, or a house-to-house trade route which sells eligible food to households for home consumption.

(y) "State" means any 1 of the 50 States or the District of Columbia.

(z) "State agency" means the agency of the State government, including the local offices thereof, which has the responsibility for the administration of the federally aided public assistance programs within the State, and, in those States where such assistance programs are operated on a decentralized basis, it includes the counterpart local agencies which administer such assistance programs for the State agency.

(aa) "State issuing agency" means another agency of the State government to which the State agency delegates its statewide administrative responsibilities in connection with the issuance of coupons.

(a) Within the Department, C&MS shall act on behalf of the Department in the administration of the Program.

(b) The State agency shall, except as provided in this chapter, be responsible for the administration of the Program within the State, including, but not limited to, the certification of applicant households; the acceptance, storage and protection of coupons after their delivery to receiving points within the State; and the issuance of coupons to eligible households and the control and accountability therefor: Provided, That the State agency may, subject to State law, and under agreement or contract, delegate its Statewide administrative responsibility in connection with the issuance of coupons to another agency of the State government. In the event such administrative responsibility in connection with the issuance of coupons is delegated as permitted by this paragraph, the provisions of this chapter applicable thereto shall be carried out by such other agency of the State government under the direction of the State agency and the State agency shall be responsible to the Department for the carrying out of the delegated responsibilities and for the payment of any claims arising out of any failure of the other agency of the State government to carry out any such delegated responsibilities.

§ 1600.4 Coupons as obligations of the United States, crimes and offenses. (a) Coupons are an obligation of the United States within the meaning of 18 U.S.C. 8. The provisions of Title 18 of the U.S. Code, “Crimes and Criminal Procedure," relative to counterfeiting and alteration of obligations of the United States and the uttering, dealing in, etc., of counterfeit obligations of the United States are applicable to coupons.

(b) Any unauthorized issuance, use, transfer, acquisition, possession or presentation of coupons may subject any individual, partnership, corporation, or other legal entity involved to prosecution under sections 14 (b) and (c) of the Food Stamp Act of 1964 (Public Law 88-525,

78 Stat. 703). These sections of the Act read as follows:

(b) Whoever knowingly uses, transfers, acquires, or possesses coupons in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons are of the value of $100 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than one year, or both. (c) Whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons are of a value less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than one year, or both.

(c) All individuals, partnerships, corporations, or other legal entities including State agencies and their delegatees (referred to in this paragraph as "persons") having custody, care and control of coupons, shall at all times, use care and caution in receiving, storing, transmitting, or otherwise handling coupons to avoid acceptance, transfer, negotiation, or use of spurious, altered, or counterfeit coupons and to avoid any unauthorized transfer, negotiation, or use of coupons. Such persons shall also use care and caution in safeguarding coupons from theft, embezzlement, loss, damage or destruction. Any false statement made by any person, in any application or certification required by this chapter, by the Plan of Operation of any State agency, or by instructions of C&MS, may subject such person to criminal prosecution under any applicable provision of federal law or to civil liability under the provisions of 31 U.S.C. 231 or either, or both, as well as to any legal action as may be maintained under State law. § 1600.5 Miscellaneous provisions.

(a) C&MS shall have the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim arising under the provisions of this chapter.