C.F.R. » Title 7 » CHAPTER II—FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE › SUBCHAPTER C—SUPPLEMENTAL NUTRITION ASSISTANCE AND FOOD DISTRIBUTION PROGRAM › PART 276—STATE AGENCY LIABILITIES AND FEDERAL SANCTIONS

7 C.F.R. § 276.1

Responsibilities and rights

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(a) Responsibilities. (1) State agencies shall be responsible for establishing and maintaining secure control over coupons and cash for which the regulations designate them accountable. Except as otherwise provided in these regulations, any shortages or losses of coupons and cash shall strictly be a State agency liability and the State agency shall pay to FNS, upon demand, the amount of the lost or stolen coupons or cash, regardless of the circumstances.

(2) State agencies shall be responsible for preventing losses or shortages of Federal funds in the issuance of benefits to households participating in the Program. FNS shall strictly hold State agencies liable for all losses, thefts and unaccounted shortages that occur during issuance, unless otherwise specified. Issuance functions begin with the State agency's creation of a record-for-issuance to generate each month's issuances from the master issuance file. Shortages or losses which result from any functions that occur prior to the creation of the record-for-issuance are subject to either paragraph (a)(3) of this section or subpart C—Quality Control (QC) Reviews, of part 275—Performance Reporting System.

(3) State agencies shall be responsible for preventing losses of Federal funds in the certification of households for participation in the Program. If FNS makes a determination that there has been negligence or fraud on the part of a State agency in the certification of households for participation in the Program, FNS is authorized to bill the State agency for an amount equal to the amount of coupons issued as a result of the negligence or fraud.

(4) State agencies shall be responsible for efficiently and effectively administering the Program by complying with the provisions of the Act, the regulations issued pursuant to the Act, and the FNS-approved State Plan of Operation. A determination by FNS that a State agency has failed to comply with any of these provisions may result in FNS seeking injunctive relief to compel compliance and/or a suspension or disallowance of the Federal share of the State agency's administrative funds. FNS has the discretion to determine in each instance of noncompliance, whether to seek injunctive relief or to suspend or disallow administrative funds. FNS may seek injunctive relief and suspend or disallow funds simultaneously or in sequence.

(b) Rights. State agencies may appeal all claims brought against them by FNS and shall be afforded an administrative review by a designee of the Secretary as provided in § 276.7. State agencies may seek judicial review of any final administrative determination made by the Secretary's designee, as provided in § 276.7(j).

[54 FR 7016, Feb. 15, 1989]
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1982–2024 · leading case: Christopher v. Montgomery Cnty. Dep't of Health & Human Servs., 849 A.2d 46 (Md. 2004).
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Christopher v. Montgomery Cnty. Dep't of Health & Human Servs., 849 A.2d 46 (Md. 2004). “” 7 C.F.R. § 276.1 (a)(4). Section 276.2 of Title 7 of the Code of Federal Regulations provides, among other things, that “[s]tate agencies shall be strictly liable for .”
Perales v. United States, 598 F. Supp. 19 (S.D.N.Y. 1984). · cites it 2× “” 7 C.F.R. § 276.1 (a). *23 In addition to their responsibility for actual coupon shortages and losses, state agencies are liable for unauthorized issuances, including “the acceptance of expired ATP cards.”
Henrietta D. v. Giuliani, 119 F. Supp. 2d 181 (E.D.N.Y 2000). “”); 7 C.F.R. § 276.1 (a)(4) (“State agencies shall be responsible for efficiently and effectively administering the [Food Stamp] Program .”
Ishler v. Commonwealth, 518 A.2d 596 (Pa. Commw. Ct. 1986). “I am inclined to believe that 7 C.F.R. §276.1 (2), which puts the responsibility for preventing losses of federal funds on the states and authorizes the Food and Nutrition Service to bill the state agency for an amount equal to the amount of coupons issued as a result of the…”
Vang v. Healy, 804 F. Supp. 79 (E.D. Cal. 1992). “2020(h), 2022(a); See also 7 C.F.R. §§ 276.1 et seq.”
Missouri ex rel. Freeman v. Block, 690 F.2d 139 (8th Cir. 1982). “7 C.F.R. §§ 276.1 (a)(1) and 276.2(b)(2) (1982) using express language of strict liability).”
Eric Dubuclet v. Tennessee Dep't of Human Servs. (Tenn. Ct. App. 2019). “7 C.F.R. § 276.1 (a)(4) (“State agencies shall be responsible for efficiently and 6 effectively administering the Program by complying with the provisions of the Act, the regulations issued pursuant to the Act, and the F[ood and] N[utrition] S[service of the U.”
Ronnie Bennett v. Tennessee Dep't of Human Servs. (Tenn. Ct. App. 2024). “See 7 C.F.R. 276.1(a)(4). Tennessee Code Annotated section 71-5-305 mandates that “[a]ssistance under this part shall be granted to any needy person, household or low-income family that meets the requirements set forth in federal statutes and such standards of need as may be…”
— 7 C.F.R. § 276.1(a)(4) — 1 case
Ronnie Bennett v. Tennessee Dep't of Human Servs. (Tenn. Ct. App. 2024). “See 7 C.F.R. 276.1(a)(4). Tennessee Code Annotated section 71-5-305 mandates that “[a]ssistance under this part shall be granted to any needy person, household or low-income family that meets the requirements set forth in federal statutes and such standards of need as may be…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.