cfr_sections
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8 rows where part_number = 274 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:4.1.1.3.22.0.1.1 | 7 | Agriculture | II | C | 274 | PART 274—ISSUANCE AND USE OF PROGRAM BENEFITS | § 274.1 Issuance system approval standards. | FNS | [75 FR 18381, Apr. 12, 2010, as amended at 79 FR 10, Jan. 2, 2014; 81 FR 66498, Sept. 28, 2016] | (a) Basic issuance requirements. State agencies shall establish issuance and accountability systems which ensure that only certified eligible households receive benefits; that Program benefits are timely distributed in the correct amounts; and that benefit issuance and reconciliation activities are properly conducted and accurately reported to FNS. (b) System classification. State agencies may issue benefits to households through any of the following systems: (1) An on-line Electronic Benefit Transfer (EBT) system in which Program benefits are stored in a central computer database and electronically accessed by households at the point of sale via reusable plastic cards. (2) An off-line EBT system in which benefit allotments can be stored on a card or in a card access device and used to purchase authorized items at a point-of-sale (POS) terminal without real-time authorization from a central processor. (c) Alternative benefit issuance system. (1) If the Secretary, in consultation with the Office of the Inspector General, determines that Program integrity would be improved by changing the issuance system of a State, the Secretary shall require the State agency to issue or deliver benefits using another method. The alternative method may be one of the methods described in paragraph (b) of this section. The determination of which alternative to use will be made by FNS after consultation with the State agency. The cost of conversion will be shared by the Department and the State agency in accordance with the cost accounting provision of part 277 of this chapter. (2) The cost of documents or systems which may be required as a result of a permanent alternative issuance system pursuant to this section shall not be imposed upon retail food firms participating in the Program. (d) Contracting or delegating issuance responsibilities. State agencies may assign to others such as banks, savings and loan associations, and other commercial businesses, the responsibility for the issuance of benefits. State agencies m… | |||||
| 7:7:4.1.1.3.22.0.1.2 | 7 | Agriculture | II | C | 274 | PART 274—ISSUANCE AND USE OF PROGRAM BENEFITS | § 274.2 Providing benefits to participants. | FNS | [75 FR 18381, Apr. 12, 2010,, as amended at 78 FR 51657, Aug. 21, 2013; 85 FR 52032, Aug. 24, 2020] | (a) General. Each State agency is responsible for the timely and accurate issuance of benefits to certified eligible households, including EBT system compliance with the expedited service benefit delivery standard and the normal application processing standards, as prescribed by these regulations. Those households located in rural areas or comprised of elderly or disabled members who have difficulty reaching issuance offices, and households which do not reside in a permanent dwelling or of a fixed mailing address shall be given assistance in obtaining an EBT card. State agencies shall assist these households by arranging for the mailing of EBT cards to them, by assisting them in finding authorized representatives who can act on their behalf, or by using other appropriate means. (b) Availability of benefits. All newly certified households, except those that are given expedited service, shall be given an opportunity to participate no later than 30 calendar days following the date the application was filed. An opportunity to participate consists of providing households with an active EBT card and PIN, and benefits that have been posted to the household's EBT account and are available for spending. State agencies, utilizing a centralized mailing system, must mail EBT cards and PINs, if applicable, in time to assure that the benefits can be spent after they are received but before the 30-day standard expires. A household has not been provided an opportunity to participate within the 30-day standard if the EBT card or PIN is mailed on the 29th or 30th day. For households entitled to expedited service, the State agency shall make benefits available to the household not later than the seventh calendar day following the date of application. (c) Benefit allotments. (1) State agencies shall not issue ongoing monthly benefit allotments to a household in more than one issuance during a month except with respect to the issuance of benefits to a resident of a drug and alcohol treatment and rehabilitation program in acco… | |||||
| 7:7:4.1.1.3.22.0.1.3 | 7 | Agriculture | II | C | 274 | PART 274—ISSUANCE AND USE OF PROGRAM BENEFITS | § 274.3 Retailer management. | FNS | (a) Retailer participation. (1) All authorized retailers must be afforded the opportunity to participate in the EBT system. An authorized food retailer shall not be required to participate in an EBT system. (i) Retailers who do not have immediate access to telephones at the time of authorization shall be accommodated by an alternative system ( e.g., manual vouchers with preliminary or delayed telephone verification) for redeeming Program benefits from eligible SNAP customers. These retailers include stationary food stores which opt to make home deliveries to SNAP households, house-to-house trade routes which operate on standing orders from customers, e.g. milk and bread delivery routes, food buying cooperatives authorized to participate as well as other food retailers authorized under § 278.1 of this chapter. Prior to delivery or upon returning to the store, the retailer shall telephone the EBT central computer or hotline number to log the transaction and obtain an authorization number. If authorization cannot be obtained before or at the time of purchase, the retailer assumes the risk for sufficient benefits being available in the household's account. Any alternate method cannot be burdensome on either the household or the retailer, and it must include acceptable privacy and security features. Such systems shall only be available to retailers that cannot be equipped with a POS terminal at the time of authorization. (ii) Newly authorized retailers shall have access to the EBT system within 2 weeks after the receipt of the FNS authorization notice. However, whenever a retailer chooses to employ a third party processor to drive its terminals or elects to drive its own terminals, access to the system shall be accomplished within a 30 day period or a mutually agreed upon time to enable the third party interface specifications and any State required functional certification to be performed by the State agency and/or its contractor. (2) Authorized retailers shall not be required to pay costs essential to and di… | ||||||
| 7:7:4.1.1.3.22.0.1.4 | 7 | Agriculture | II | C | 274 | PART 274—ISSUANCE AND USE OF PROGRAM BENEFITS | § 274.4 Reconciliation and reporting. | FNS | (a) Reconciliation. State agencies shall account for all issuance through a reconciliation process. The EBT system shall provide reports and documentation pertaining to the following: (1) Reconciliation. Reconciliation shall be conducted and records kept as follows: (i) Reconciliation of benefits posted to household accounts on the central computer against benefits on the Issuance Authorization File; (ii) Reconciliation of individual household account balances against account activities on a daily basis; (iii) Reconciliation of each individual retail store's SNAP transactions per POS terminal and in total to deposits on a daily basis; (iv) Verification of retailer's credits against deposit information entered into the automated clearinghouse (ACH) network; (v) Reconciliation of total funds entered into, exiting from, and remaining in the system each day; (vi) Maintenance of audit trails that document the full cycle of issuance from benefit allotment posting to the State issuance authorization file through posting to POS transactions at retailers through settlement of retailer credits. (b) Management reports. The State agency shall require the EBT system to provide reports that enable the State agency to manage the system. The reports shall be available to the State agency or FNS as requested on a timely basis and consist of: (1) Information on how the system operates relative to its performance standards, the incidence, type and cause of system problems, and utilization patterns. (2) Retailer transaction data submitted to FNS on a monthly basis. This data must be submitted in the specified format in accordance with the required schedule. (3) Data detailing by specified category the amount of Program benefits issued or returned through the EBT system shall be provided in a format and mechanism specified by FNS to the FNS Account Management Agent as the benefits become available to recipients. This data will be used to increase or decrease the SNAP EBT benefit funding authorization for the State's … | ||||||
| 7:7:4.1.1.3.22.0.1.5 | 7 | Agriculture | II | C | 274 | PART 274—ISSUANCE AND USE OF PROGRAM BENEFITS | § 274.5 Record retention and forms security. | FNS | (a) Availability of records. (1) The State agency shall maintain issuance, inventory, reconciliation, and other accountability records for a period of three years as specified in § 272.1(f) of this chapter. This period may be extended at the written request of FNS. (2) In lieu of the records themselves, easily retrievable microfilm, microfiche, or computer tapes which contain the required information may be maintained. (b) Control of issuance documents. The State agency shall control all issuance documents which establish household eligibility while the documents are transferred and processed within the State agency. The State agency shall use numbers, batching, inventory control logs, or similar controls from the point of initial receipt through the issuance and reconciliation process. (c) Accountable documents. (1) EBT cards shall be considered accountable documents. The State agency shall provide the following minimum security and control procedures for these documents: (i) Secure storage; (ii) Access limited to authorized personnel; (iii) Bulk inventory control records; (iv) Subsequent control records maintained through the point of issuance or use; and (v) Periodic review and validation of inventory controls and records by parties not otherwise involved in maintaining control records. (2) For notices of change which initiate, update or terminate the master issuance file, the State agency shall, at a minimum, provide secure storage and shall limit access to authorized personnel. | ||||||
| 7:7:4.1.1.3.22.0.1.6 | 7 | Agriculture | II | C | 274 | PART 274—ISSUANCE AND USE OF PROGRAM BENEFITS | § 274.6 Replacement issuances and cards to households. | FNS | [75 FR 18381, Apr. 12, 2010, as amended at 78 FR 51657, Aug. 21, 2013] | (a) Providing replacement issuance. (1) Subject to the restrictions in paragraph (a)(3) of this section, State agencies shall provide replacement issuances to a household when the household reports that food purchased with Program benefits was destroyed in a household misfortune. (2) Where a Federal disaster declaration has been issued and the household is eligible for disaster SNAP benefits under the provisions of part 280, the household shall not receive both the disaster allotment and a replacement allotment for a misfortune. (3) Replacement restrictions. (i) Replacement issuances shall be provided only if a household timely reports a loss orally or in writing. The report will be considered timely if it is made to the State agency within 10 days of the date food purchased with Program benefits is destroyed in a household misfortune. (ii) No limit on the number of replacements shall be placed on the replacement of food purchased with Program benefits which was destroyed in a household misfortune. (iii) Except for households certified under 7 CFR part 280, replacement issuances shall be provided in the amount of the loss to the household, up to a maximum of one month's allotment, unless the issuance includes restored benefits which shall be replaced up to their full value. (4) Household statement of loss. (i) Prior to issuing a replacement, the State agency shall obtain from a member of the household a signed statement attesting to the household's loss. The required statement may be mailed to the State agency if the household member is unable to come into the office because of age, handicap or distance from the office and is unable to appoint an authorized representative. (ii) If the signed statement or affidavit is not received by the State agency within 10 days of the date of report, no replacement shall be made. If the 10th day falls on a weekend or holiday, and the statement is received the day after the weekend or holiday, the State agency shall consider the statement timely received. (iii) The… | |||||
| 7:7:4.1.1.3.22.0.1.7 | 7 | Agriculture | II | C | 274 | PART 274—ISSUANCE AND USE OF PROGRAM BENEFITS | § 274.7 Benefit redemption by eligible households. | FNS | [75 FR 18381, Apr. 12, 2010, as amended at 80 FR 53243, Sept. 3, 2015] | (a) Eligible food. Program benefits may be used only by the household, or other persons the household selects, to purchase eligible food for the household, which includes, for certain households, the purchase of prepared meals, and for other households residing in certain designated areas of Alaska, the purchase of hunting and fishing equipment with benefits. (b) Prior payment prohibition. Program benefits shall not be used to pay for any eligible food purchased prior to the time at which an EBT card is presented to authorized retailers or meal services. Neither shall benefits be used to pay for any eligible food in advance of the receipt of food, except when prior payment is for food purchased from a nonprofit cooperative food purchasing venture. (c) Transaction limits. No minimum dollar amount per transaction or maximum limit on the number of transactions shall be established. In addition, no transaction fees shall be imposed on SNAP households utilizing the EBT system to access their benefits. (d) Access to balances. (1) Households shall be permitted to determine their SNAP account balances without making a purchase or standing in a checkout line. (2) The State agency shall ensure that the EBT system is capable of providing a transaction history for a period of up to 2 calendar months to households upon request. (3) Households shall be provided printed receipts at the time of transaction in accordance with § 274.8(b)(7). (e) Access to retail stores. (1) The EBT system shall provide for minimal disruption of access to and service in retail stores by eligible households. (2) The EBT system shall not result in a significant increase in the cost of food or cost of transportation to authorized retailers for SNAP households. (f) Equal treatment. The EBT system shall be implemented and operated in a manner that maintains equal treatment for SNAP households in accordance with § 278.2(b) of this chapter. The following requirements for the equal treatment of SNAP households shall directly apply to EB… | |||||
| 7:7:4.1.1.3.22.0.1.8 | 7 | Agriculture | II | C | 274 | PART 274—ISSUANCE AND USE OF PROGRAM BENEFITS | § 274.8 Functional and technical EBT system requirements. | FNS | [75 FR 18381, Apr. 12, 2010, as amended at 79 FR 11, Jan. 2, 2014; 81 FR 89840, Dec. 13, 2016; 85 FR 52033, Aug. 24, 2020] | (a) Functional requirements. The State agency shall ensure that the EBT system is capable of performing the following functional requirements prior to implementation: (1) Authorizing household benefits. (i) Issuing and replacing EBT cards to eligible households; (ii) Permitting eligible households to select a personal identification number (PINs) at least four digits in length; (iii) Establishing benefit cards and accounts with the central computer database; (iv) Maintaining the master household issuance record file data and current authorization information; (v) Training households and other users in system usage; (vi) Authorizing benefit delivery; (vii) Posting benefits to each household's account for regular and supplemental issuances; (viii) Providing households with access to information on benefit availability; (ix) Ensuring the privacy of household data and providing benefit and data security; (x) Inventorying and securing accountable documents; and (xi) Zeroing out benefit accounts and other account authorization activity. (2) Providing food benefits to households. (i) Verifying the identity of authorized households or authorized household representatives at issuance terminals or POS; (ii) Verifying the PIN and/or PIN off-set, primary account number (PAN), terminal identification number and retailer identification number; (iii) Determining the sufficiency of the household's account balance in order to debit or credit household benefit accounts at the point of sale; (iv) Sending messages authorizing or rejecting purchases; (v) Providing back-up purchase procedures when the system is unavailable; (vi) Ensuring that benefits are available and carried over from month-to-month. (vii) Responding to issuance problems in a timely manner. (3) Crediting retailers and financial institutions for redeemed benefits. (i) Verifying electronic transactions flowing to or from participating retailers' bank accounts; (ii) Creating and maintaining a file containing the individual records of EBT tra… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);