CSFP Section 5

1. Lead Agencies and Sub Agencies Must Have Written Client Privacy Standards.
   1. All providers must respect the privacy of their clients and make reasonable attempts to safeguard their information. Personally identifiable information (PII) collected, used or acquired in connection with providing emergency food services must be used only for the purpose of those programs.
   2. Personally identifiable information (PII): Information identifiable to any person, including, but not limited to: information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, § 264, 110 Stat. 1936, any financial identifiers, and other information that may be exempt from public disclosure or other unauthorized persons under state and federal statutes.
      1. No personal identifiers associated with this program’s data may be shared with individuals or agencies outside of your organization, this program, etc., without written consent.
      2. One cannot release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons PII without express written consent of the client or as provided by law.
         1. The CSFP Eligibility Application (AGR-2244) includes the applicants’ decision on authorizing their PII in a yes or no format.
      3. Participating agencies with direct client contact must have written client privacy policies on file.
      4. Sub Agencies must have copies of their client privacy policies on file with their Lead Agency.
      5. Participating agencies who make referrals for clients must have a copy of the client information release form on file.
   3. Written consent from the client shall include what client information can be shared and to whom or to which agencies/businesses. For a sample client release form, please contact the Lead Agency.
   4. Participating agencies agree to implement physical, electronic, and managerial safeguards to prevent unauthorized access to PII.
2. Monitoring by Food Assistance (FA) of Personal Information Collected.
   1. Food Assistance (FA) reserves the right to monitor, audit, or investigate the use of personal information collected, used, or acquired by the Lead Agency. Not properly maintaining clients’ private information could result in termination of a CSFP Agreement.
   2. The Lead Agency shall monitor the use of personal information collected by Sub Agencies.

1. All organizations that receive federal food or funding from Food Assistance (FA) must share this nondiscrimination statement with all clients.

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.
Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. Mail:                
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
 
2. Fax:  
(833) 256-1665 or (202) 690-7442; or

3. Email:              
program.intake@usda.gov
 
This institution is an equal opportunity provider.

1. Partnerships with Faith-Based and Neighborhood Organizations Final Rule (89 FR 15671 and 7 CFR Part 16).
   1. Because CSFP is supported in whole or in part by financial assistance from the Federal Government, participating agencies are required to provide written notice of Beneficiary/Client Rights for CSFP, TEFAP, LFPA and referral requirements for CSFP and TEFAP.
      1. Participating agencies with direct client services must conspicuously display the Partnerships with Faith-Based and Neighborhood Organizations Final Rule “Written Notice of Beneficiary/Client Rights” (AGR-10017) at the point of client intake.
      2. The Lead Agency shall provide new posters upon request.
2. Existing Beneficiary/Client Notification.
   1. Participating agencies providing direct client services must notify beneficiaries already enrolled in the program and a written notice must be provided directly to all beneficiaries at food distribution locations or alongside a food package delivery. Existing beneficiaries should all be notified as soon as possible.
3. Explicitly Religious Activities Are Not Allowed.
   1. Participating agencies may not discriminate against clients on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice.
   2. Participating agencies may not require clients to attend or participate in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) that are offered by the organization, and any participation by clients in such activities must be purely voluntary.
   3. Participating agencies must separate in time or location any privately funded explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) from activities supported with direct federal financial assistance.
   4. See 7 CFR §16.4 and USDA Policy Memo FD-142 for further clarification.

1. The civil rights policy applies to all participating organizations.
   1. The policy of Food Assistance (FA) is to not discriminate against any class of persons in all services to clients. FA expects local programs to provide food to every person who seeks it, regardless of their status as a member of any class of person.
   2. See Section 5.2, United States Department of Agriculture (USDA) Nondiscrimination Statement, as well as state and local laws for protected class information. Regardless of what classes are protected under law, food banks, food pantries, and meal programs are more likely to avoid a discrimination claim by following FA policy to not discriminate against any class of people. The purpose of the program is not to judge a person’s status, but to feed hungry people.
   3. As well as not discriminating against any class of people, providers must also adhere to the following:
      1. Employees and volunteers meeting the same eligibility requirements for services shall be given the same opportunity to receive services and shall be treated the same as other clients.
      2. They must treat all clients with dignity.
      3. They shall not require, request, or accept payment or donations from clients for food received.
      4. They shall not practice evangelism or proselytize, request or require clients to participate in any kind of religious service as a condition for receiving emergency food.
      5. They may not put religious literature in food bags, pray in the presence of clients, or ask clients if they would like to pray before, during, or after receiving food. Food pantry activities must be separated from any religious activities.
      6. They may have religious literature on a table or counter that clients may voluntarily take separate from any food being distributed.
   4. Lead Agencies will ensure that they and their Sub Agencies have in place a notification system that includes informing applicants and clients, at the service delivery point, of their right to file or make a verbal complaint including an anonymous complaint. At a minimum, this can be accomplished by posting the USDA Title VI “And Justice for All” nondiscrimination poster displayed in a conspicuous location at all distribution sites (food pantries and meal programs). The nondiscrimination language must be on all printed program (CSFP) brochures.
   5. All agencies that receive federal financial assistance, including food, must provide civil rights training to volunteers and staff involved in all levels of the administration of these programs on an annual basis. Lead Agencies are responsible for providing their staff and volunteers that interact with clients and/or who handle personal information of clients with training on civil rights annually. Lead Agencies will ensure their Sub Agencies provide training for their staff and volunteers on an annual basis.
   6. FA provides civil rights training tools on the FA webpage.

1. The Civil Rights training requirement applies to all participating agencies.
2. Lead Agencies will ensure that they and their Sub Agencies have annual civil rights training.
   1. Pursuant to FNS Policy Memo FD-113, Lead Agencies are responsible for providing all applicable staff and volunteers with annual civil rights training.
   2. Additionally, Lead Agencies are responsible for ensuring their Sub Agencies, including staff and volunteers who interact with program applicants or participants and/or participate in program administration are provided civil rights training on an annual basis. Lead Agencies must review to ensure Sub Agencies conduct the annual civil rights training for staff and/or volunteers, as applicable.
   3. Food Assistance (FA) has provided additional civil rights training information that should be reviewed. Additional questions can be directed to the Lead Agency.
      1. Annual Civil Rights Compliance Instructions (AGR-443).
   4. FA has provided two approved civil rights training checklists on its website for participating agencies to use. Agencies should review all guidance document checklists before determining which training is best suited for its employees or volunteers based on their roles in administering the program.
   5. Organizations must utilize FA provided civil rights training tools as applicable. The Annual Civil Rights Training for Frontline Staff/Volunteers/Management (AGR-2198) is used for primary staff and volunteers that are directly involved in the administration of CSFP and, the Annual Civil Rights Training for Non-Frontline Staff/Volunteers/Management (AGR-2199) is used for secondary staff and volunteers that may not directly administer CSFP but are still required to receive the training annually. See guidance documents at the FA CSFP Forms and Publications website for more details.

1. Lead Agencies will ensure that they and their Sub Agencies follow the civil rights complaint process.
2. Federal Civil Rights Complaints.
   1. A participant may address complaints directly to the organization in which they receive assistance. Federal civil rights complaints may be submitted directly to United States Department of Agriculture (USDA) using the USDA Program Discrimination Complaint Form (AD-3027). Lead Agencies and their Sub Agencies must accept and process all federal civil rights complaints received by a participant regardless of whether the complaints are written, verbal, or anonymous.
   2. Participant information and the identity of the person making a complaint or allegation against persons participating in or administering CSFP must be kept confidential.
   3. Verbal Complaints: In the event that a complainant makes the allegations verbally or in person and refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made must write up the elements of the complaint for the complainant. Every effort should be made to have the complainant provide the following information:
      1. Name, address, telephone number, or other means of contacting the complainant.
      2. Specific location and name of the state agency, local agency, or other sub-recipient delivering the service or benefit.
      3. Nature of the incident or action that led the complainant to feel discrimination was a factor, and an example of the method of administration that is having a disparate effect on the public, potential eligible persons, applicants, or participants.
      4. Basis on which the complainant believes discrimination exists. The bases for nondiscrimination are race, color, national origin, age, disability, or sex.
      5. Names, telephone numbers, titles, and business or personal addresses of persons who may have knowledge of the alleged discriminatory action.
      6. The date(s) during which the alleged discriminatory actions occurred, or if continuing, the duration of such actions.
   4. Civil rights complaints may be submitted on behalf of a participant or the participant may address complaints directly to the USDA using the USDA Program Discrimination Complaint Form (AD-3027).
   5. If a Lead Agency or their Sub Agency submits a civil rights complaint on behalf of a participant, then Food Assistance (FA) must be notified within five calendar days of receiving a complaint. If available, attach the completed USDA Program Discrimination Complaint Form (AD-3027).
   6. Make sure that all civil rights complaints are properly documented and reported. All civil rights complaints will be investigated by the FA Program Manager (or delegate) and notification will be given to USDA FNS Western Region upon receipt. FA will maintain a record of and track all federal civil rights complaints including complaint status (pending, follow-up, completed, or referred to USDA FNS).
3. State Civil Rights Complaints.
   1. In accordance with state law, everyone has the right to be free from discrimination at work, in housing, in a public accommodation, or when seeking credit and insurance. A discrimination charge in employment, public accommodation, credit and insurance must be filed with the Washington State Human Rights Commission (WSHRC) within six months from the date of the alleged violation in order to protect your rights. A discrimination charge in housing must be filed with the WSHRC within one year from the date of the alleged violation. Washington State protected classes are race/color, national origin, creed, sex/pregnancy, sexual orientation/gender identity, veteran/military status, the presence of any sensory, mental, or physical actual disability or perceived disability, use of a service animal, HIV or Hepatitis C, marital status (except in public accommodation), breastfeeding (in public accommodation), age (40+, employment only), families with children (housing only), and state employee whistleblower.
4. Filing a State Discrimination Complaint.
   1. Advise people who allege discrimination based on one or more of the state-protected classes of people listed above that they may file a discrimination complaint with the Washington State Human Rights Commission (WSHRC). A description of the processes and a link to the forms are online and can be found at: https://wahum.my.site.com/FileaComplaintOnline/s/?language=en_US​.

1. Introduction.
   1. To be certified as eligible for CSFP participation in the state of Washington, the applicant must meet the eligibility criteria listed in this section. See 7 CFR §247.9 for more information.
2. Who is Eligible?
   1. An applicant is eligible for participation in CSFP when:
      1. Eligible individuals must be at least 60 years of age; and
      2. Meet the income eligibility requirements outlined below; and
      3. Reside in the state of Washington and reside in a county served by CSFP.
3. Residence.
   1. In Washington State, the applicant must reside in the state and live in or near a county or area in which CSFP is offered.
   2. 7 CFR §247.9(e)(2). The applicant must meet a residency requirement if the state agency establishes one. The state agency may determine a service area for any Lead Agency and may require that an applicant reside within the service area at the time of application to be eligible for the program. The state Agency may not impose any durational or fixed residency requirements.
      1. For example, migrant and seasonal farm workers entering a CSFP service area shall be considered as meeting the residency requirement.
4. Income.
   1. 7 CFR §247.9(a)-(c). To be certified as eligible to receive CSFP USDA Foods under the program, each applicant shall meet the following requirement:
      1. For senior persons aged 60 years and above, household income must be at or below 150% of the Federal Poverty Level (FPL).
   2. Federal Poverty Income Guidelines will be provided to each Lead Agency when updated annually. The Lead Agency must ensure that the current income guidelines are used at every distribution location.
5. Determining Income.
   1. Income eligibility for CSFP is based on the gross income of the household. Based on the Code of Federal Regulations; 7 CFR §247.9(c); the state agency must implement the annually adjusted income guidelines for applicants immediately. The income guidelines on the certification form/application/poster or in an alternate format are the "criteria" for eligibility, and that by signing the form, the applicant is self-declaring that their income falls below or at the maximum amount.
   2. Income means household gross income before deductions for such items as income taxes, employees’ social security taxes, insurance premiums, charitable contributions, and bonds. Local agencies may exclude from consideration the following sources of income listed:
      1. Any basic allowance for housing received by military services personnel residing off military installations.
      2. The value of in-kind housing and other in-kind benefits.
      3. Income sources listed in 7 CFR §246.7(d)(2)(iv)(D).
      4. Any payments received via the Cobell Settlement; Policy Memo FD-116.
      5. Income sources listed in 7 CFR §247.9 (d) (3) (i – xxxv) in the Food Distribution Programs: Improving Access and Parity (89 FR 87228).
6. Frequently Asked Questions.
   1. What if there is more than one eligible participant in a household? CSFP is client based, not household based. If a household with two individuals members of a family self-declare that they meet the income guidelines, both household members are eligible for the program, they could both receive their own food packages.
   2. Who makes up a family? When determining the income of a family, a family is considered any group of people that shares expenses together as a household.
   3. What if there is a roommate in the household? If there is someone in the house that lives as a roommate (sharing rent/utilities but doesn’t prepare meals with others in the house), then their income would not be included in the applicant’s income.
   4. Are savings accounts considered income? Savings accounts are not included when determining income, but the interest earned from savings accounts is included as income.
   5. What if the applicant receives Social Security? If an applicant is receiving Social Security, the amount used to determine income is the gross amount listed before deductions are taken out.
7. Income Verification.
   1. Income does not need to be verified by certifying official and/or program staff. The applicant will self-declare that they fall within the CSFP Income Eligibility Guidelines (AGR6-2503-007).

1. Application Process.
   1. Food Assistance (FA) provides all required documents for certifying participants on the FA website. A Lead Agency is allowed to use a different format, as long as all the required components are included and if approved by FA.
   2. Participating agencies must ensure that all applicants complete a CSFP Eligibility Application (AGR-2244) and the CSFP Participant Agreement (AGR-2247). All applicants, whether certified, found ineligible, or waitlisted, should receive the CSFP Notification of Eligibility Determination (AGR-2246), when a determination is made.
   3. All certified or waitlisted applicants should receive the Welcome to CSFP - Resource Handout (AGR-739) or approved alternative and become certified before they can participate in the program.
2. Eligibility Application.
   1. A client interested in CSFP must fill out the CSFP Eligibility Application (AGR-2244). Participating agencies may assist the client with this process, and a client must first be certified for participation and receive all required documents (see below) before receiving CSFP USDA Foods.
3. Participant Agreement.
   1. Each client must fill out and sign the CSFP Participant Agreement (AGR-2247) as part of the application process.
4. Certification Periods.
   1. The participating agency or Lead Agency will initially certify participants for a 12-month period, with the ability to conduct a recertification for two additional 12-month periods. Continued participation after 36 months requires an additional initial certification.
5. Initial Certification.
   1. At the time of an applicant’s first initial request for CSFP services they must complete the Eligibility Application, the Participant Agreement, and provide the following:
      1. Verification of address and identification verification are required;
      2. Self-declaration they are at least 60 years of age;
      3. Self-declaration of household size; and
      4. Self-declaration of income using the current CSFP Income Eligibility Guidelines (AGR6-2503-007) provided by FA.
   2. The applicant must be notified in writing of their ineligibility or placement on a waiting list within 10 calendar days from the date of request for CSFP services. If eligibility determination cannot be made at the time of service, then it may be sent to a certifying official for final approval or review. Regardless of the method, the applicant must receive a copy of the signed participant agreement. If the applicant is found to be ineligible, they will receive a written CSFP Notification of Eligibility Determination (AGR -2246).
6. Recertification of Participants.
   1. Recertifications may be conducted by phone, mail, email, virtually, fax, etc., and electronic signatures are allowed. Local agencies may recertify participants for up to two additional 12-month periods. Recertifications must confirm:
      1. The person’s address and continued interest in receiving program benefits are verified;
      2. The local agency has sufficient reason to believe that the person still meets the income eligibility standards (e.g. the senior adult has a fixed income); and
      3. The participant has had an initial certification in the last 36 months.
   2. After 36 months of participation, another initial certification for continued participation must be conducted and will require that the participant receive a CSFP Notification of Eligibility Status Change (AGR-2245) at least 15 days prior to the end of their certification period.
7. Notification of Eligibility Determination.
   1. The participating agency must notify the applicant of eligibility determination within 10 days of receipt of application. The CSFP Notification of Eligibility Determination (AGR-2246) includes the following determinations:
      1. If found eligible, the Lead Agency may notify the applicant verbally or in writing.
      2. Written notification of placement on a waiting list.
      3. If found ineligible the Lead Agency must notify the applicant in writing.

1. Participant Verification Process.
   1. When picking up a monthly CSFP distribution, the participant may self-attest their identity by stating their name, signing a document, or otherwise verbally confirming their identity when picking up CSFP USDA Foods.
2. Use of a Proxy - the Participant Proxy Process.
   1. If a participant is unable to pick up a CSFP package at their designated location and time due to disability, health concern, transportation issues, or conflicting work hours, the participant and their proxy may complete the CSFP Receipt of USDA Foods – Proxy Form (AGR-2324). A proxy means any person designated by a participant or caretaker to obtain USDA Foods on behalf of the participant and are especially helpful to participants with limited mobility.
   2. It is important to remember:
      1. The form must be signed by both the participant and the proxy, as well as site personnel.
      2. The proxy may self-attest or otherwise verify their identity by stating their name, signing a document, or otherwise verbally confirming their identity when picking up CSFP USDA Foods on behalf of the participant.
      3. The proxy is valid up to a maximum of 36 months.

1. Introduction.
   1. FNS will assign caseload to state agencies on December 1 to December 31 of each year or within 30 days after enactment of appropriations legislation covering the full fiscal year, whichever comes later. In the event appropriations legislation for the year is not enacted by December 1 to December 31, caseload assignments for the previous caseload cycle shall remain in effect, subject to the availability of sufficient funding, until assignments are made for the current caseload cycle. Any caseload assigned for a period beyond the end of the current fiscal year shall be available only to the extent that program funds are appropriated for the next fiscal year.
2. Caseload Requests.
   1. USDA determines base caseload by the highest average monthly participation in one of three ways:
      1. Average monthly participation for the previous fiscal year; or
      2. Average monthly participation for the last quarter of the previous fiscal year; or
      3. Participation during September of the previous fiscal year, but only if:
         1. The full-year appropriation for the preceding fiscal year was enacted on or after February 15;
         2. The State agency received additional caseload equal to or greater than 10 percent of its base caseload in the previous caseload cycle; and
         3. October participation in the current fiscal year was equal to or greater than 95 percent of September participation in the previous fiscal year.
   2. Food Assistance (FA) determines the need for new caseload based on a number of factors, which include:
      1. Current waiting list at each Lead Agency.
      2. Current usage of CSFP caseload at each Lead Agency.
      3. Lead Agency requests for additional caseload to meet unmet need in their service area.
      4. Lead Agency requests for additional caseload to meet unmet need in a new county.
      5. Requests from potential Lead Agencies who want to meet unmet need in their area.
   3. These factors will be considered at the end of October each year when September’s final CSFP caseload numbers have been reported. The caseload expansion request will be completed by FA and submitted to the USDA Western Region Organization (WRO) by November 5^th to be considered for an increase to the state’s caseload.
   4. Caseload may also be reassigned from Lead Agencies not filling caseload to meet caseload requests of others.
3. Achieving Maximum Caseload.
   1. The Lead Agency should utilize whatever outreach measures are necessary to achieve maximum caseload. These can include but are not limited to:
      1. Maintain or increase certification and distribution at sites already serving CSFP.
      2. Each participating agency may provide certification and delivery options to meet the needs of homebound participants, to the extent possible and/or as funding allows.
      3. Increase public notification through community action agencies, senior centers, minority newspapers and radio stations.
      4. Conduct outreach and distributions at senior housing and senior centers.
      5. Certify the seniors on the waiting list. This will allow the participating agency to quickly serve unfilled slots at the end of each month to reduce the effect of no shows on your caseload. For more information about this process, contact FA.
   2. When a Lead Agency exceeds the allocated caseload and there are no available caseload slots to be transferred from another Lead Agency, the agency will be instructed to establish a waiting list of eligible participants in priority order, and to restrict new certifications as necessary. Please follow the procedures listed in Section 5.11, Waiting List Management.

1. Introduction.
   1. Once the participating agency has filled their caseload, they may be contacted by someone who would like to participate in the program. If unable to get additional caseload, the applicant must be told that they will be placed on the waiting list and will be notified when caseload becomes available.
2. Establishing the Waiting List.
   1. 7 CFR §247.11. When there are no funds available to provide program benefits, the participating agency shall maintain a waiting list of individuals who apply for the program. This enables the participating agency to contact the individual when caseload space becomes available. A waiting list shall include:
      1. Name of applicant.
      2. Date of application.
      3. Date applicant notified of placement on waiting list.
      4. Address or phone number of the applicant.
      5. Applicant’s status.
   2. Other information that may be included:
      1. Estimated or actual date of delivery.
      2. Date applicant contacted for certification appointment or removal from waiting list.
      3. Reason applicant removed from waiting list.
   3. Note: Agencies may also certify applicants on the waiting list. This will allow your agency to quickly serve unfilled slots at the end of each month to reduce the effect of no shows on your caseload.
   4. Individuals shall be notified of their placement on a waiting list within 10 days after they visit the Lead Agency during office hours to request program benefits. This information is included on the CSFP Notification of Eligibility Determination (AGR-2246).
3. Waiting List Priority.
   1. The one exception to this list is for a person who is certified as eligible for CSFP in one county or area, and they move and wish to transfer their certification into another county or area where CSFP is in operation. If there is a waiting list in the new county or area, this person must be placed at the top of the waiting list.

1. Introduction.
   1. The Lead Agency shall ensure the issuance of a verification of certification form to every participant who intends to relocate during the certification period. The state agency shall require the Lead Agencies under its jurisdiction to accept verification of certification forms from participants who have been participating in CSFP in another county within or outside of the jurisdiction its service area.
2. Length of Validity of Verification of Certification.
   1. The verification of certification is valid until the certification period expires and shall be accepted as proof of eligibility for program benefits. However, if the receiving Lead Agency has waiting lists for participation, the transferring participant shall be placed on the list ahead of all waiting applicants.
3. Procedure.
   1. When a participant notifies the Lead Agency that they will be moving, the Lead Agency will need to prepare a verification of certification form to give to the participant and/or the new Lead Agency serving that county. The Lead Agency should also provide the participant with the name and address of their new Lead Agency as well as a contact name and telephone number.
   2. A copy of the form should be attached to the participant’s certification application and a copy should be retained by the current Lead Agency for their records and kept on file.
   3. Note: Creation of a verification of certification form or email template is the responsibility of the Lead Agency.

1. Introduction.
   1. 7 CFR §§247.19(a) and (b). Local agencies must verify the identification of all applicants when they are certified or recertified. The local agency must also ensure that the applicant or caretaker of the applicant signs an application that includes a statement advising the applicant that they may not receive CSFP benefits at more than one CSFP site. Applicants shall also be informed that the consequences of dual participation may lead to a claim against the individual to recover the value of the benefits and may lead to disqualification.
2. Termination.
   1. Participants found committing dual participation shall be terminated from one of the programs immediately and shall be notified of termination from the other program as specified in 7 CFR §247.17. If dual participation resulted from the participant making false or misleading statements, or intentionally withholding information, the local agency must disqualify the participant from CSFP for a period of up to one year, unless it is determined that it would result in a serious health risk. In addition, the local agency may be required to institute a claim against the participant to recover the value of the benefits. Please see Section 5.15, Pursuit of Participant Claims for additional information.
3. Fair Hearings.
   1. A right to an appeal and a fair hearing is provided to those applicants who contest a denial of certification, termination, or who have areas of concern regarding the food program. Please see Section 5.17, Fair Hearings.

1. Introduction.
   1. 7 CFR §247.20. When terminating a participant for cause, the participating agency that conducts program certifications must use the CSFP Notification of Eligibility Status Change (AGR-2245) and provide the participant with notification 15 days prior to the action and/or the termination date.
   2. What are program violations in CSFP?
      1. Program violations are actions taken by CSFP applicants or participants, or caretakers of applicants or participants, to obtain or use CSFP benefits improperly. Program violations include the following actions:
         1. Intentionally making false or misleading statements, orally or in writing.
         2. Intentionally withholding information pertaining to eligibility in CSFP.
         3. Selling USDA Foods obtained in the program or exchanging them for non-food items.
         4. Physical abuse, or threat of physical abuse, of program staff.
         5. Committing dual participation.
   3. What are the penalties for committing program violations?
      1. If applicants or participants, or caretakers of applicants or participants, commit program violations, the state agency may require participating agencies to disqualify the applicants or participants for a period of up to one year. However, if the participating agency determines that disqualification would result in a serious health risk, the disqualification may be waived. For program violations that involve fraud, the state agency must require participating agency to disqualify the participant from CSFP for a period of up to one year, unless the participating agency determines that disqualification would result in a serious health risk. The state agency must require participating agencies to permanently disqualify a participant who commits three program violations that involve fraud. For purposes of this program, fraud includes:
         1. Intentionally making false or misleading statements to obtain CSFP USDA Foods.
         2. Intentionally withholding information to obtain CSFP USDA Foods.
         3. Selling CSFP USDA Foods or exchanging them for non-food items.
   4. What must the participating agency do to notify the individual of disqualification from CSFP?
      1. The participating agency must provide the individual with written notification of disqualification from CSFP at least 15 days before the effective date of disqualification. The notification must include the effective date and period of disqualification, the reason for the disqualification, and a statement that the individual may appeal the disqualification through the fair hearing process, in accordance with 7 CFR §247.33(a).
2. Requirements for Termination.
   1. The participating agency that conducts certifications must send CSFP Notification of Eligibility Status Change (AGR-2245) to the affected client at least 15 days prior to the participant being terminated from the program. The form includes:
      1. The reason the participant is being removed from the program.
      2. The effective date and period of discontinuance or disqualification.
      3. The participant’s right to appeal through a fair hearing process, regardless of the reason for termination.
      4. A full nondiscrimination statement that informs the applicant that program standards are applied without discrimination by race, color, national origin, sex (including gender identity and sexual orientation), disability or age.
      5. Notification that the participant has up to 60 calendar days to request a fair hearing.

1. The pursuit of a claim against a participant to recover the value of CSFP USDA Foods improperly received or used is cost effective when the value exceeds $150 or five months of benefits. The estimated value of the monthly CSFP benefit is $30. In accordance with 7 CFR §247.30(c) and (d), Food Assistance (FA) has established the following claim procedures regarding foods received or used by a participant through fraud, which may include:
   1. The local agency will issue a letter to the participant indicating that they are ineligible for participation in CSFP for a period of up to one year, in accordance with the requirements of 7 CFR §247.20(b).
   2. A letter demanding repayment for the value of the foods improperly received or used will be issued in instances when the dollar value is determined to be over $150. Payment is to be received within 30 days of the date the letter was sent. If an appeal is sought, then the timeframe may be extended as deemed necessary.
   3. Additional measures will be taken if payment is not received within 30 days.
   4. The local agency will permanently disqualify a participant who commits three program violations that involve fraud, in accordance with the requirements of 7 CFR §247.20(b), which defines fraud as intentionally making false or misleading statements to obtain CSFP USDA Foods, intentionally withholding information to obtain CSFP USDA Foods, or selling CSFP USDA Foods, or exchanging them for non-food items.
2. Please contact your FA regional representative for further instructions prior to issuing the letter.

1. Introduction.
   1. CSFP participants are informed at certification when they can pick up their food package for the month, and it should be stressed to them at this time as to why it’s important to pick up each month. If the participant does not pick up the designated food package by a certain date then the Lead Agency may choose to issue this to someone on the waitlist that is certified in order to make sure that all caseload slots are utilized. The following procedures listed below should be acted upon if a client fails to pick up their food package.
2. Participant Fails to Pick Up for One Month.
   1. After the first no-show/missed pick up of CSFP USDA Foods, the Lead Agency should contact the participant and find out the reason why the designated food package wasn’t picked up. The reason the participant hasn’t picked up may be something that is easy to fix such as a transportation problem or the person is home-bound. The Lead Agency (or Sub Agency) should document when the participant was contacted, including the date, time, and with whom they spoke to.
3. Participant Fails to Pick Up for Two Months in a Row.
   1. If after the second no-show/missed pick up, the participant still hasn’t picked up their food, the certification period for this person should be shortened to end one month after the second no-show. For example, if the person was certified in August and failed to pick up their food in September and October, their certification period would be changed to end in November instead of January.
   2. When a participant fails to pick up for two consecutive months, the CSFP Notification of Eligibility Status Change (AGR-2245) will need to be sent informing them of their discontinuance in the program 15 days prior to the effective date. If the participant would like to continue to participate in CSFP, they may contact the Lead Agency to discuss recertification options (as available).
4. Lead Agency Requirement for Notification of Eligibility Status Change.
   1. The letter to the participant needs to tell the participant who has not picked up their CSFP USDA Foods for two months consecutively the reason their certification period will be changed. A copy of this letter should be placed in the participant’s file. Please see the CSFP Notification of Eligibility Status Change (AGR-2245) and Section 5.14, Terminating Participants for Cause.
   2. The participating agency should note in the participant’s file that the certification period has been changed.
   3. Follow the procedures for terminating participants for cause when the next month comes, and the client has not picked up their CSFP USDA Foods for three consecutive months.
   4. If the client wants to participate in the program after being terminated, they must be recertified. If the client recertifies in a timely manner (i.e. there is no lapse between certifications), they will still have priority over those on the waiting list.

1. Introduction.
   1. 7 CFR §247.33. Food Assistance (FA) has established a fair hearing procedure through which an individual may appeal any adverse action, including the denial or termination of benefits to the individual or a claim to repay the value of CSFP USDA Foods (over $150) received as a result of fraud. All Lead Agencies must follow this fair hearing procedure.
2. Fair Hearings.
   1. It is the responsibility of the Lead Agency, regardless of whether they are the participating agency certifying clients, to alert CSFP applicants and participants in writing that they are no longer eligible for CSFP. The written CSFP Notification of Eligibility Status Change (AGR-2245) must be provided at least 15 days before the effective date.
   2. If an applicant or participant does not agree with the decision of ineligibility or discontinuance, they may appeal the decision through the fair hearing process as indicated in the CSFP Participant Agreement (AGR-2247).
   3. An appeal may be made to the Lead Agency verbally or in writing, and a request for a fair hearing may be arranged at the Lead Agency’s office. The Lead Agency must ensure that the applicant(s) and/or participant(s) understand their right to appeal against any decision through the fair hearing process.
   4. Written notification of an appeal for fair hearing request must be given to FA by the Lead Agency within five days of receiving the appeal.
3. Fair Hearing – Policy and Procedures.
   1. A fair hearing must include, at a minimum, the following provisions:
      1. Allow at least 60 days from the date the Lead Agency mails or gives the individual the CSFP Notification of Eligibility Status Change (AGR-2245) to request a fair hearing.
      2. Permit applicants or participants to request a fair hearing either verbally or in writing.
      3. Allow participants who appeal the discontinuance within the 15-day advance notification to continue to receive benefits until one of the following occurs:
         1. A decision is made on the appeal by the hearing official; or
         2. The participant's certification period ends, whichever occurs first.
      4. Provide an individual with at least 10-days advance written notice, of the time and place of the hearing, and include the rules of procedure for the hearing.
      5. Allow the applicant or participant the opportunity to:
         1. Examine documents that support the Lead Agency’s decision before and during the hearing, as well as submit evidence to help establish facts and circumstances.
         2. Be assisted or represented by an attorney or other persons.
         3. Bring witnesses and present arguments.
         4. Question or refute testimony and evidence at the hearing.
   2. The Lead Agency may deny a request for a fair hearing in the following scenarios:
      1. The hearing request is not received by the Lead Agency within 60 days from the date the Lead Agency mails or gives the applicant or participant the notification of adverse action.
      2. The request is withdrawn in writing by the individual requesting the hearing or by an authorized representative.
      3. The individual fails to appear, without good cause, for the scheduled hearing.
4. Fair Hearing – Process.
   1. The hearing must be conducted by an impartial official provided by the Lead Agency, who does not have any stake or personal involvement in the decision and who was not directly involved in the initial adverse action that resulted in the hearing.
   2. The Hearing Official is Responsible for:
      1. Administering oaths or affirmations.
      2. Ensuring that all relevant issues are considered.
      3. Ensuring that all necessary evidence for a decision to be made is presented at the hearing and included in the record of the hearing;.
      4. Conducting the hearing in an orderly fashion and in accordance with due process.
      5. Making a hearing decision.
   3. The Hearing Official Must:
      1. Make a decision that complies with federal laws and regulations and is based on facts in the hearing record.
      2. Write a decision that summarizes the facts of the case, specifies the reasons for the decision, and identifies the supporting evidence and the laws or regulations upholding the decision.
      3. The decision made by the hearing official is binding on the Lead Agency.
5. Fair Hearing – Decision.
   1. A decision must be made and given to the applicant or participant, in writing, within 45 days of the request for the hearing, the notification must include the reasons for the decision. The Lead Agency must also provide the FA with a written copy of the hearing official's decision within 30 days of the fair hearing.
   2. If a decision is made in favor of an applicant who was denied benefits, the receipt of benefits must begin within 45 days from the date the hearing was requested (if the applicant or participant is still eligible for the program). If a decision is made against a participant, the Lead Agency must discontinue benefits as soon as possible, or at a date determined by the hearing official.
6. Fair Hearing – Records.
   1. In addition to the hearing decision, a transcript or recording of the testimony or an official report of all that transpired at the hearing, along with all exhibits, papers, and requests made, must be maintained by the Lead Agency. These documents must be available for public inspection and copying, in accordance with 7 CFR §247.29(a) and §247.36(b).
7. Fair Hearing – Next Steps/Appeals.
   1. If a hearing decision upholds the Lead Agency’s action, and a state-level review or rehearing process is available, the Lead Agency will work with FA to describe to the individual any state-level review or rehearing process. The Lead Agency must also inform the individual of the right to pursue judicial review of the decision.

1. Annually, every April, participating agencies are required to collect the racial ethnic data for all participants who received a food package during that month. The Lead Agency will then compile that information in the FNS-191 form and send it to the state office for submission to USDA by July.
2. Food Assistance (FA) has added these questions to the CSFP application, allowing the participating agencies to take the information from the participant’s application in April and fill out the report.
3. The FNS-191 requires participating agencies to ask each of the CSFP participants, in the month of April, two questions.
   1. What is your ethnic category? (Select only one)
      1. Hispanic or Latino; or
      2. Not Hispanic or Latino
   2. What is your race? (Select one or more)
      1. American Indian or Alaska Native
      2. Asian
      3. Black or African American
      4. Native Hawaiian or Other Pacific Islander
      5. White
4. The report forms will be provided to the Lead Agency each March. It is the Lead Agency’s responsibility to compile and submit the results to FA. FA staff will complete the FNS-191 and submit it to USDA WRO.

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CSFP Procedures Manual Table of Contents
Section 4	Section 6
Revision History
Section 5 Revision 2025-04-23