Food and Nutrition Service 2010 – Federal Register Recent Federal Regulation Documents
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Supplemental Nutrition Assistance Program, Regulation Restructuring: Issuance Regulation Update and Reorganization To Reflect the End of Coupon Issuance Systems
The Food and Nutrition Service (FNS) is adopting as a final rule, without change, a direct final rule that made changes to the Supplemental Nutrition Assistance Program (SNAP) regulations to account for the replacement of the paper coupon issuance system with the Electronic Benefits Transfer (EBT) system as the nationwide method of distributing benefits to program participants. This action is in accordance with the Food, Conservation, and Energy Act of 2008, Public Law 110-246, (the 2008 Farm Bill) which prohibited State agencies from issuing paper food stamp coupons and made EBT cards the sole method of benefit delivery. The 2008 Farm Bill also de-obligated paper coupons as legal tender as of June 18, 2009. Therefore, paper coupons no longer have any value and can no longer be redeemed at any store. In line with EBT implementation and the elimination of coupons, these changes remove coupon issuance and EBT pilot regulations that are no longer applicable, revise regulatory language to more appropriately reflect the new EBT issuance system and the Program's new name, and reorganize sections to develop a more cohesive set of issuance regulations.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program (SNAP), Store Applications, Forms FNS-252, 252-E, 252-R, 252-2, and 252-C
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection in the Supplemental Nutrition Assistance Program and concerns Retail Store Applications (Forms FNS- 252; FNS-252-E; and FNS-252-R).
Agency Information Collection Activities: Proposed Collection; Comment Request-Study To Assess the Effect of Supplemental Nutrition Assistance Program (SNAP) Participation on Food Security in the Post-American Recovery and Reinvestment Act (ARRA) Environment
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed collection. This is a new collection for the contract Assessing the Effect of Supplemental Nutrition Assistance Program (SNAP) Participation on Food Security in the Post-American Recovery and Reinvestment Act (ARRA) Environment.
Emergency Food Assistance Program; Availability of Foods for Fiscal Year 2011
This notice announces the surplus and purchased foods that the Department expects to make available for donation to States for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program (TEFAP) in Fiscal Year (FY) 2011. The foods made available under this notice must, at the discretion of the State, be distributed to eligible recipient agencies for use in preparing meals and/or for distribution to households for home consumption.
Supplemental Nutrition Assistance Program (SNAP): Clarifications and Corrections to Recipient Claim Establishment and Collection Standards
Supplemental Nutrition Assistance Program (SNAP) recipient claims are established and collected against households that receive more benefits than they are entitled to receive. This rulemaking corrects and clarifies provisions of the final rule on recipient claims published at 65 FR 41752 on July 6, 2000. The purposes of this final rulemaking are to remove a definition and several provisions that were made obsolete by the final rule; correct the typographical errors; correct the omission of the requirement that a copy of the claims management plan be submitted to the FNS Regional Office for informational purposes; reinforce current practices and requirements in the areas of fair hearings, fees, due dates, delinquent claims, retention, claim referrals, negligence and fraud; make conforming changes needed as a result of a subsequent rulemaking pertaining to a sponsor's responsibility for overissuances of an alien household; and to remove an overpayment exception that is no longer applicable to the Program.
Agency Information Collection Activities: Proposed Collection; Comment Request-Evaluation of the Summer Electronic Benefits for Children Household-Based Demonstrations on Food Insecurity
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new collection for the purpose of conducting The Evaluation of the Impact of the Summer Electronic Benefits for Children Household-Based Demonstrations on Food Insecurity.
Agency Information Collection Activities: Proposed Collection; Comment Request-Special Nutrition Program Operations Study (SNPOS)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the the general public and other public agencies to comment on this proposed information collection. This collection is a new information collection for the Special Nutrition Program Operations Study.
Agency Information Collection Activities: Proposed Collection; Comment Request-Information Collection for Determining Eligibility for Free and Reduced Price Meals
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection for determining eligibility for free and reduced price meals and free milk in schools. 7 CFR part 245 contains information on Federal requirements regarding the determination and verification of eligibility for free and reduced price meals. The current approval for the information collection burden associated with 7 CFR part 245, OMB Number 0584-0026, expires on March 31, 2013. This proposed collection is a revision of the currently approved collection.
Agency Information Collection Activities: Proposed Collection; Comment Request Form FNS-648, WIC Local Agency Directory Report
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Food and Nutrition Service's (FNS) intention to request an extension for a currently approved information collection, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Local Agency Directory Report which lists the names and addresses of all WIC local agencies.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program, Form FNS-46, Issuance Reconciliation
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collection. This collection is an extension, without change, of a currently approved collection for Form FNS-46, Issuance Reconciliation Report, which concerns benefit issuance operations in the Supplemental Nutrition Assistance Program.
Agency Information Collection Activities: Proposed Collection; Comment Request-Annual Report of State Revenue Matching
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection which concerns the appropriation and use of State funds for the National School Lunch, School Breakfast and Special Milk Programs. This collection is a revision of a currently approved collection.
Food Distribution Program on Indian Reservations: Administrative Funding Allocations
This rule proposes to establish the requirements regarding the allocation of administrative funds for the Food Distribution Program on Indian Reservations and the Food Distribution Program for Indian Households in Oklahoma, both of which are referred to as ``FDPIR'' in this rulemaking. The rulemaking would propose amendments to FDPIR regulations to ensure that administrative funding is allocated in a fair and equitable manner. The proposed rule would also revise FDPIR regulations to clarify current program requirements relative to the distribution of administrative funds to Indian Tribal Organizations (ITOs) and State agencies.
Agency Information Collection Activities: Proposed Collection; Comment Request-Evaluation of SNAP Nutrition Education Practices Study
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection of data for the Evaluation of Supplemental Nutrition Assistance Program (SNAP) Nutrition Education (-Ed) Practices Study. The goal of SNAP-Ed is to improve the likelihood that SNAP participants and those eligible to participate will make healthy choices within a limited budget and choose active lifestyles consistent with the current Dietary Guidelines for Americans and the USDA Food Guidance System. With limited resources, SNAP-Ed nutrition educators attempt to tailor their messages to fit the varying needs of differing populations and evaluate the extent to which their efforts result in positive, voluntary changes in nutrition behaviors. The Evaluation of SNAP Nutrition Education Practices is an extension of the current Models of SNAP-Ed and Evaluation Study, conducting rigorous, independent evaluations of an additional three SNAP-Ed demonstration projects. Each of the demonstration projects is also conducting an impact evaluation assessment which will be compared to FNS's more rigorous, independent evaluation. In conjunction with the Models of SNAP-Ed and Evaluation Study, the Evaluation of SNAP Nutrition Education Practices will provide FNS with a total of seven sound, independent estimates of the effectiveness of SNAP-Ed approaches, and will provide SNAP-Ed educators with examples of evaluation designs that are both feasible and scientifically robust.
Agency Information Collection Activities: Proposed Collection; Comment Request-In-Depth Case Studies of Advanced Modernization Initiatives
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection. This proposed collection is for ``In-Depth Case Studies of Advanced Supplemental Nutrition Assistance Program (SNAP) Modernization Initiatives'' and is a revision of a currently approved data collection entitled ``Enhancing Food Stamp Certification: Food Stamp Modernization Efforts.'' The proposed collection will build on the data collection efforts of the currently approved collection, which is a purely descriptive study. This comprehensive data collection will allow for the analyses of the potential impact of advanced modernization efforts on Program outcomes in selected States.
National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates
This Notice announces the annual adjustments to the ``national average payments,'' the amount of money the Federal Government provides States for lunches, afterschool snacks and breakfasts served to children participating in the National School Lunch and School Breakfast Programs; to the ``maximum reimbursement rates,'' the maximum per lunch rate from Federal funds that a State can provide a school food authority for lunches served to children participating in the National School Lunch Program; and to the rate of reimbursement for a half-pint of milk served to non-needy children in a school or institution which participates in the Special Milk Program for Children. The payments and rates are prescribed on an annual basis each July. The annual payments and rates adjustments for the National School Lunch and School Breakfast Programs reflect changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers. The annual rate adjustment for the Special Milk Program reflects changes in the Producer Price Index for Fluid Milk Products.
Food Distribution Program: Value of Donated Foods From July 1, 2010 Through June 30, 2011
This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2011 (July 1, 2010 through June 30, 2011) for each lunch served by schools participating in the National School Lunch Program (NSLP), and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program (CACFP).
Child and Adult Care Food Program: National Average Payment Rates, Day Care Home Food Service Payment Rates, and Administrative Reimbursement Rates for Sponsoring Organizations of Day Care Homes for the Period July 1, 2010 Through June 30, 2011
This notice announces the annual adjustments to the national average payment rates for meals and snacks served in child care centers, outside-school-hours care centers, at-risk afterschool care centers, and adult day care centers; the food service payment rates for meals and snacks served in day care homes; and the administrative reimbursement rates for sponsoring organizations of day care homes, to reflect changes in the Consumer Price Index. Further adjustments are made to these rates to reflect the higher costs of providing meals in the States of Alaska and Hawaii. The adjustments contained in this notice are made on an annual basis each July, as required by the laws and regulations governing the Child and Adult Care Food Program.
Agency Information Collection Activities: Proposed Collection; Comment Request-Child Nutrition Database
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a revision of a currently approved collection. This collection is the voluntary submission of data including nutrient data from the food service industry to update and expand the Child Nutrition Database in support of the School Meals Initiative for Healthy Children.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program Forms: Applications, Periodic Reporting and Notices
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection. This collection is a revision of the currently approved burden for the applications, periodic reporting, and notices burden calculations for the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, which also reflects corrections resulting from the changes in recently published SNAP regulations.
National Advisory Council on Maternal, Infant and Fetal Nutrition: Notice of Meeting
Pursuant to the Federal Advisory Committee Act, this notice announces a meeting of the National Advisory Council on Maternal, Infant and Fetal Nutrition.
Supplemental Nutrition Assistance Program: Quality Control Provisions of Title IV of Public Law 107-171
This rule finalizes provisions of an interim rule entitled ``Food Stamp Program: Non-Discretionary Quality Control Provisions of Title IV of Public Law 107-171'' published on October 16, 2003, and a proposed rule entitled ``Food Stamp Program: Discretionary Quality Control Provisions of Title IV of Public Law 107-171'' published on September 23, 2005. The Food Stamp Program is now referred to as the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food and Nutrition Act of 2008 (Act). This final rule codifies the provisions concerning the Quality Control system in Sections 4118 and 4119 of the Food Stamp Reauthorization Act (FSRA) of 2002. This rule finalizes the liability procedures and the deadlines for completing the quality control review process and announcement of error rates established in the interim rule. It eliminates enhanced administrative funding for low error rates, establishes new time frames for completing individual quality control reviews, establishes procedures for resolving liabilities following appeal decisions, revises the negative case review procedures, and provides procedures for households that separate while subject to the penalty for refusal to cooperate with a quality control review. This rule also adopts several policy changes and technical corrections included in the proposed rule. In addition, this rule affects State agencies' quality control review operations and alters the impact on State agencies of assessment and resolution of potential liabilities for excessive payment error rates and awarding of bonuses for superior performance. Households with cases sampled for quality control review of their cases would be minimally affected by this rule.
Agency Information Collection Activities: Proposed Collection; Comment Request, Supplemental Nutrition Assistance Program Regulations, Part 275-Quality Control
As required by the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collection for the Supplemental Nutrition Assistance Program's Regulations, Part 275Quality Control. Specifically, the burden associated with the collection of information for the sampling plan, arbitration process, and the good cause process. This collection is a revision of a currently approved collection, OMB No. 0584-0303.
Food Stamp Program: Eligibility and Certification Provisions of the Farm Security and Rural Investment Act of 2002; Approval of Information Collection Request
The final rule entitled, Food Stamp Program: Eligibility and Certification Provisions of the Farm Security and Rural Investment Act of 2002, was published on January 29, 2010. This final rule implemented 11 provisions of the Farm Security and Rural Investment Act of 2002 (FSRIA), which established new eligibility and certification requirements for the receipt of food stamps. Those provisions simplified program administration, allowed States greater flexibility, and provided enhanced access to eligible populations. The Food, Conservation, and Energy Act of 2008 changed the program name from Food Stamp Program to Supplemental Nutrition Assistance Program (SNAP). The Office of Management and Budget (OMB) cleared the associated information collection requirements on March 26, 2010. This document announces approval of the ICR.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program State Agency Options
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection. This collection is an extension without change for the State Agency Options, Standard Utility Allowance and Self Employment Costs, burden calculations for the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program.
Food Distribution Program on Indian Reservations: Amendments Related to the Food, Conservation, and Energy Act of 2008
This rule proposes to amend Food Distribution Program on Indian Reservations (FDPIR) regulations to conform FDPIR policy to the requirements included in the Food, Conservation, and Energy Act of 2008 (the Farm Bill) for the Supplemental Nutrition Assistance Program (SNAP). The proposed rule is intended to improve program service to applicants and participants and ensure consistency between FDPIR and SNAP. When determining eligibility for FDPIR, the proposed rule would permanently exclude combat pay from being considered income and eliminate the maximum dollar limit of the dependent care deduction. The rule would also exclude from resource consideration household funds held in qualified education savings accounts identified in the Farm Bill and would exclude any other education savings accounts for which an exclusion is allowed under SNAP. The proposed rule would also clarify that the current resource exclusion for retirement accounts is restricted to the qualified retirement accounts identified in the Farm Bill, but that a resource exclusion would be allowed for any other retirement account for which an exclusion is allowed under SNAP. Additionally, the rule would clarify that the FDPIR regulations regarding income eligibility refer to the SNAP net monthly income standard, not the SNAP gross monthly income standard.
Agency Information Collection Activities: Proposed Collection; Comment Request-Evaluation of Reaching the Underserved Elderly and Working Poor in SNAP
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a new collection for the contract Evaluation of Reaching the Underserved Elderly and Working Poor in SNAP.
Geographic Preference Option for the Procurement of Unprocessed Agricultural Products in Child Nutrition Programs
The 2008 Farm Bill amended the Richard B. Russell National School Lunch Act to direct that the Secretary of Agriculture encourage institutions operating Child Nutrition Programs to purchase unprocessed locally grown and locally raised agricultural products. Effective October 1, 2008, institutions receiving funds through the Child Nutrition Programs may apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products. This provision applies to institutions in all of the Child Nutrition Programs, including the National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program, as well as to purchases made for these programs by the Department of Defense Fresh Program. The provision also applies to State Agencies making purchases on behalf of any of the aforementioned Child Nutrition Programs. The purpose of this proposed rule is to incorporate this procurement option in the Programs' regulations and to define the term ``unprocessed locally grown or locally raised agricultural products'' to ensure that both the intent of Congress in providing for such a procurement option is met and that any such definition will facilitate ease of implementation for institutions participating in the Child Nutrition Programs. The proposed rule is intended to be implemented by institutions choosing to apply the geographic preference option for the procurement of locally grown and locally raised agricultural products.
Supplemental Nutrition Assistance Program, Regulation Restructuring: Issuance Regulation Update and Reorganization To Reflect the End of Coupon Issuance Systems
This direct final rule updates and reorganizes the Supplemental Nutrition Assistance Program (SNAP) (formerly the ``Food Stamp Program'') regulations pertaining to the issuance of SNAP benefits.
Child and Adult Care Food Program: At-Risk Afterschool Meals in Eligible States
This final rule amends the Child and Adult Care Food Program (CACFP) regulations to implement provisions from the Agricultural Risk Protection Act of 2000, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2002, the Consolidated Appropriations Act of 2008 the Omnibus Appropriations Act of 2009 and the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2010, that authorize reimbursement to eligible States for a meal (normally a supper) served by at-risk afterschool care programs in eligible States.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment
This rule makes administrative corrections to a final rule published in the Federal Register on October 8, 2009, entitled ``Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment.''
School Food Safety Program Based on Hazard Analysis and Critical Control Point Principles (HACCP); Approval of Information Collection Request
The final rule entitled School Food Safety Program Based on Hazard Analysis and Critical Control Point Principles (HACCP) was published on December 15, 2009, which implemented a legislative provision requiring school food authorities participating in the National School Lunch Program (NSLP) or the School Breakfast Program (SBP) to develop a school food safety program for the preparation and service of school meals served to children. The Office of Management and Budget (OMB) cleared the associated information collection requirements (ICR) on November 2, 2009. This document announces approval of the ICR.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program: Federal Collection of State Plan of Operations, Operating Guidelines and Forms
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a collection currently approved for State Agency Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, administrative matters.
Commodity Supplemental Food Program (CSFP): Amendment Removing Priority Given to Women, Infants, and Children Before the Elderly in Program Participation
This final rule amends the regulations for the Commodity Supplemental Food Program (CSFP) by removing the priority given to women, infants, and children before the elderly in program participation, in accordance with the amendment made by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). As a result of this amendment, local agencies are no longer required to prioritize benefit issuance based on population group. All CSFP applicants may be treated equally when caseload slots become available, provided all eligibility requirements are met.
Food Stamp Program: Eligibility and Certification Provisions of the Farm Security and Rural Investment Act of 2002
This final rule implements 11 provisions of the Farm Security and Rural Investment Act of 2002 (FSRIA) that establish new eligibility and certification requirements for the receipt of food stamps. The provisions of the final rule will simplify program administration, allow States greater flexibility, and provide enhanced access to eligible populations. This rule will allow States, at their option, to treat legally obligated child support payments to a non-household member as an income exclusion rather than a deduction; allow a State option to exclude certain types of income and resources that are not counted under the State's Temporary Assistance for Needy Families (TANF) cash assistance or Medicaid programs; replace the current, fixed standard deduction with a deduction that varies according to household size and is adjusted annually for cost-of-living increases; allow States to simplify the Standard Utility Allowance (SUA) if the State elects to use the SUA rather than actual utility costs for all households; allow States to use a standard deduction from income of $143 per month for homeless households with some shelter expenses; allow States to disregard reported changes in deductions during certification periods (except for changes associated with new residence or earned income) until the next recertification; increase the resource limit for households with a disabled member from $2,000 to $3,000 consistent with the limit for households with an elderly member; allow States to extend simplified reporting of changes to all households; require State agencies that have a Web site to post applications on these sites in the same languages that the State uses for its written applications; allow States to extend from the current 3 months up to 5 months the period of time households may receive transitional food stamp benefits when they cease to receive TANF cash assistance; and restore food stamp eligibility to qualified aliens who are otherwise eligible and who are receiving disability benefits regardless of date of entry, are under 18 years of age regardless of date of entry, or have lived in the United States for 5 years as qualified aliens beginning on the date of entry.
Food Distribution Program on Indian Reservations: Resource Limits and Exclusions, and Extended Certification Periods
The Food and Nutrition Service (FNS) is amending the regulations for the Food Distribution Program on Indian Reservations (FDPIR). The changes will improve program service, ensure consistency between FDPIR and the Supplemental Nutrition Assistance Program (SNAP) (formerly the Food Stamp Program), and respond to concerns expressed by the National Association of Food Distribution Programs on Indian Reservations (NAFDPIR) that the current FDPIR resource limits are insufficient for the target populations and serve as a barrier to participation. The rule will increase the maximum level of allowable resources to the same level permitted under SNAP (including the establishment of a resource limit of $3,000 for FDPIR households with a disabled member in accordance with Section 4107 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171), and annual adjustments for inflation in accordance with Section 4104 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246), allow a resource exclusion for the first $1,500 of the equity value of one pre- paid funeral arrangement per household member, and allow households in which all members are elderly and/or disabled to be certified for up to 24 months.
Summer Food Service Program; 2010 Reimbursement Rates
This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service
Agency Information Collection Activities: Proposed Collection; Comment Request-Information Collection for the Child and Adult Care Food Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection for the Child and Adult Care Food Program (CACFP). This information collection concerns the efforts required of States and service institutions to comply with the Secretary's requests for information. This proposed collection is a revision of the currently approved collection for the CACFP.
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