Chapter 8: Commodity Complaints
I. General Complaint Procedure
The Local Agency (LA) shall immediately report to DCF any complaint that suggests a potential health hazard.
During certification, the LA informed all participants of their rights and responsibilities. The LA shall advised participants of the nondiscrimination policy and the procedure for filing a complaint. For a discrimination complaint, see the section below titled “Civil Rights Complaints”. For all other complaints continue.
The CSFP Complaint Form [See Exhibit A-14
] shall be used for all general complaints.
The LA shall use the following complaint procedure:
- complete the complaint form and shall not give the form to a participant. Oral complaints shall be documented in this same manner.
- proceed to resolve the problem and in the “Action Taken” section on the complaint form, indicate the LA’s actions. If necessary, attach additional sheets to outline the actions.
Once the complaint is resolved, the LA shall:
- forward a copy of the Complaint Form to the complainant, if applicable;
- notify the complainant of the fair hearing procedure in case the complaint is not satisfactorily resolved; [See Chapter 12: Fair Hearings]
- forward a copy to the State Agency; and
- file the LA copy in the complaint file.
- review the LA’s actions for appropriateness;
- document any necessary corrective action required by the LA;
- make any follow-up checks to be certain the problem is resolved; and
- file the form in the LA’s complaint file.
Anyone who wishes to file a complaint directly with DCF may do so by writing to Department for Children and Families, Economic and Employment Services, Food Distribution, DSOB 580-W, 915 SW Harrison, Topeka, KS 66612-1505 or by calling (785) 368-8120. DCF will process the complaint and conduct any necessary follow-up.
The LA shall promptly investigate complaints it receives in connection with the distribution or use of donated foods, correct any irregularity, and report to DCF. The LA shall maintain on file, evidence of such investigations and actions. DCF reserves the right to make investigations and has the final determination as to when appropriate action has been taken.
II. Civil Rights Complaints
If a complaint of discrimination based on race, color, national origin, sex, age, or disability is alleged, the Local Agency shall IMMEDIATELY forward the complaint form to the State Agency. A Local Agency DOES NOT take an action on discrimination complaints.
The LA shall complete the Civil Rights Discrimination Complaint Form [Exhibit A-15
] and shall not
give the form to a participant. Oral complaints shall be documented using the same form and all shall include a check mark to indicate race, color, national origin, sex, age and/or disability if the complaint alleges discrimination.
Discrimination complaints may be filed with:
- the State Agency;
- the Local Agency; or,
- the USDA Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD).
Discrimination complaints received by the State Agency or Local Agency will be forwarded to the USDA Office of Civil Rights at the above address.