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USDA/FNS RIN: 0584-AD93 Publication ID: Spring 2010 
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: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 247   
Legal Authority: PL 110-246, sec 4221    PL 93-86   
Legal Deadline:
Action Source Description Date
Final  Statutory  Food, Conservation, and Energy Act of 2008  10/01/2008 
Action Date FR Cite
Final Action  02/05/2010  75 FR 5877   
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