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USDA/FNS

RIN: 0584-AD93

Publication ID: Fall 2009

Title: ●Commodity Supplemental Food Program (CSFP): Amendment Removing Prioritizing of Women, Infants, and Children Before the Elderly in Program Participation
Abstract: This Direct Final Rule will amend regulations at 7 CFR part 247 to remove all references to prioritization of women, infants, and children before the elderly in program participation. Section 4221 of the recently enacted Food, Conservation, and Energy Act of 2008 (the Farm Bill) amends section 5 of the Agriculture and Consumer Protection Act of 1973 (the Act) by eliminating the requirement in CSFP that all eligible women, infants, and children are to be served in CSFP before eligible elderly persons are served by the program. The language of section 4221 is clear and mandatory, leaving no room for discretion, and it makes program regulations at 7 CFR 247.11(b), 247.16(a)(2), 247.21(a)(2), and 247.21(a)(3) inconsistent with section 5 of the Act. This Direct Final Rule will amend these program regulations, bringing them into compliance with the Act. As a result of the rulemaking, all CSFP participants will be served on a first-come, first-served basis. No additional costs are anticipated as a result of removing the prioritization of women, infants, and children before the elderly in CSFP participation; nor will there be an increase in the administrative and paperwork burden on States or the public as a result of this rulemaking. (09-004)
Agency: Department of Agriculture(USDA)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 7 CFR 247
Legal Authority: sec 4221, PL 110-246 PL 93-86

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	Food, Conservation, and Energy Act of 2008	10/01/2008

Timetable:

Action	Date	FR Cite
Direct Final Rule	12/00/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Local, State, Tribal
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: James F Herbert Regulatory Review Specialist Department of Agriculture Food and Nutrition Service 3101 Park Center Drive, Alexandria, VA 22302 Phone:703 305-2572 Email: james.herbert@fns.usda.gov