Disqualification of retail food stores and wholesale food concerns, and imposition of civil money penalties in lieu of disqualifications.

CFR · 2024-01-01 · US · Title 7

(a) (b) (2) (ii) Firms that request consideration of a civil money penalty in lieu of a permanent disqualification for trafficking shall have the opportunity to submit to FNS information and evidence as specified in § 278.6(i), that establishes the firm's eligibility for a civil money penalty in lieu of a permanent disqualification in accordance with the criteria included in § 278.6(i). This information and evidence shall be submitted within 10 days, as specified in § 278.6(b)(1). (iii) If a firm fails to request consideration for a civil money penalty in lieu of a permanent disqualification for trafficking and submit documentation and evidence of its eligibility within the 10 days specified in § 278.6(b)(1), the firm shall not be eligible for such a penalty. (c) (d) (1) The nature and scope of the violations committed by personnel of the firm, (2) Any prior action taken by FNS to warn the firm about the possibility that violations are occurring, and (3) Any other evidence that shows the firm's intent to violate the regulations. (e) (1) Disqualify a firm permanently if: (i) Personnel of the firm have trafficked as defined in § 271.2; or (ii) Violations such as, but not limited to, the sale of ineligible items occurred and the firm had twice before been sanctioned. (iii) It is determined that personnel of the firm knowingly submitted information on the application that contains false information of a substantive nature that could affect the eligibility of the firm for authoriz

official document · source cfr-2024 · id 7:§ 278.6