U.S. Department of Agriculture

Food Safety and Inspection Service

Guide for Developing

Limited English Proficiency Plans 

for

Federally Assisted Programs

2020-2022
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TABLE OF CONTENTS

 

I. Purpose.......................................................................Page 3

II. Scope..........................................................................Page 3

III. Legal Authority..........................................................Page 3-4

IV. Policy.........................................................................Page 4

V. Definitions................................................................Page 4-5

VI. Four Factor Analysis...................................................Page 5-7

VII. Implementation............................................................Page 7

VIII. Services to LEP Persons...............................................Page 7-8

IX. Communication Plan......................................................Page 8

X. LEP Training for State Employees....................................Page 8

XI. LEP Resources.............................................................Page 9

Appendix #1 – Implementation Plan

Appendix #2 – Cooperative Agreement with States

Appendix #3 – Federal Register Notice

Appendix #4 – Record of Contact with LEP Persons

Appendix #5 – Sample Survey to record contact with LEP Persons

Appendix #6– LEP Release Acknowledgment Form

Appendix #7– Format for LEP Plan
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I. Purpose

This guide was developed to provide guidance to recipients of assistance from the U.S. 

Department of Agriculture’s (USDA), Food Safety and Inspection Service (FSIS) on how they 

are to develop and implement Limited English Proficiency (LEP) plans. It is designed to ensure 

that LEP plans meet FSIS’ “at least equal to” criteria. It should be used to develop LEP plans 

that will ensure equal and meaningful access to services for persons with limited English 

proficiency. LEP persons are defined as individuals who do not speak English as their primary 

language, and who have a limited ability to read, write, speak, or understand English. This guide

does not create new obligations for recipients; rather, it assists in meeting already existing 

obligations. If existing LEP plans are not compliant, this guide should be used to assist in 

making them compliant.

This guide, as well as the LEP plans that will be developed by those who use it, are subject to 

changes as necessary. To ensure full that recipients develop and implement LEP plans that are in 

compliance with FSIS standards, a timeline for actions to be completed is included in Appendix 

#1.

II. Scope

This guide applies to all programs and activities receiving Federal financial assistance from 

FSIS. Establishments that produce meat or poultry products have the option to apply for Federal 

or State inspection. States that perform inspections of establishments operate under a 

cooperative agreement with FSIS. In doing so, the States receive Federal financial assistance 

and are required to maintain states inspection programs "at least equal to" the requirements found 

in the Federal Meat and Poultry Products Inspection Acts and the Humane Methods of Slaughter 

Act. Currently, there are twenty-seven (27) States that have entered into Cooperative 

Agreements with FSIS: Alabama, Arizona, Delaware, Georgia, Iowa, Illinois, Indiana, Kansas, 

Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, North Carolina, North Dakota, 

Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, West Virginia, 

Wisconsin, and Wyoming (Appendix #2).

As a result of these Cooperative Agreements, the States identified above have an obligation to

comply with Civil Rights laws and regulations that apply to entities receiving Federal financial 

assistance. In particular, States must ensure that LEP services are provided to customers 

(beneficiaries) whose first language is not English. Those services need to be “at least equal to” 

the services that FSIS provides to its LEP customers.

III. Legal Authority 

Title VI of the Civil Rights Act of 1964, Section 601; 42 U.S.C. 2000d et seq.; and its 

implementing regulations, stipulate that no person in the United States shall, on the grounds of 

race, color, or national origin, be excluded from participation in, be denied the benefits of, or be 

otherwise subjected to discrimination under any program or activity that receives Federal 

financial assistance. The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974), interpreted 

Title VI regulations promulgated by the former Department of Health, Education, and Welfare to 
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hold that Title VI prohibits conduct that has a disproportionate effect on LEP persons because 

such conduct constitutes national origin discrimination. 

Executive Order 13166, “Improving Access to Services for Persons with Limited English 

Proficiency,” reprinted at 65 FR 50121 (August 16, 2000), directs each Federal agency to 

examine the services it provides and to develop and implement a system by which LEP persons 

can meaningfully access those services. The Executive Order further states that recipients must 

take reasonable steps to ensure meaningful access to their programs and activities by LEP 

persons. Federal agencies were instructed to publish guidance for their respective recipients in 

order to assist them with their obligations to LEP persons under Title VI. The Executive Order 

recommended uniform guidance to recipients on the preparation of a plan to improve access to 

its federally assisted programs and activities by eligible LEP persons. Each plan must be 

consistent with the standards set forth in the Department of Justice’s (DOJ) Policy Guidance 

Document entitled, “Guidance to Federal Financial Assistance Recipients Regarding Title VI 

Prohibition Against National Origin Discrimination Affecting Limited English Proficient 

Persons” (“DOJ LEP Guidance”), reprinted at 67 FR 41455 (June 18, 2002). The DOJ LEP 

Guidance was drafted and organized to function as a model for similar guidance by other Federal 

agencies. In accordance with DOJ LEP Guidance, USDA issued LEP Guidance for Assisted 

programs on November 28, 2014 (Appendix #3).

IV. Policy 

FSIS is the public health agency in USDA responsible for ensuring that the nation's commercial 

supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and 

packaged. The Agency is committed to ensuring that entities that receive financial assistance 

from FSIS provide meaningful access to their programs and services to persons who, as a result 

of national origin, are limited in English proficiency. It is FSIS’ policy to ensure that no person is 

subjected to prohibited discrimination by programs receiving financial assistance from FSIS 

based on national origin.

V. Definitions

Agency – A major program organizational unit of the Department with delegated authorities to 

deliver programs, activities, benefits, and services.

American English – A set of dialect/language used primarily in the United States.

Bilingual – The knowledge and ability to understand, speak, read, and write fluently in two 

languages easily.

Certified Interpreter – An individual who has taken and passed an examination administered 

by a knowledgeable authority in the language(s) that they interpret. 

Discrimination – The unfavorable treatment or consideration of, or making a distinction in favor 

of or against, a person based on the group, class, or category to which that person belongs rather 

than on individual merit.

Federally Assisted Program – All programs and operations of entities that receive assistance 

from the Federal government. 

Interpretation – Listening to communication in one language and orally converting it to another 

language while retaining the same meaning.
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Language Access – Efforts to make programs and services accessible to individual who are not 

proficient in English.

Language Assistance Services – Interpretation or translation services that assist LEP persons in 

understanding or communicating in another language.

Limited English Proficiency Person – An individual who does not speak English as his or her 

primary language and has a limited ability to reason in, speak, write or understand English.

Translation – The process of transferring ideas expressed in writing from one language to 

another. 

Translator – A person who converts language into an alternative form of communication, so it 

is understandable to persons who communicate differently.

Vital Document – Paper or electronic written material that contains information that is critical 

for accessing a program or activity, or is required by law, such as consent forms, applications, 

and notices of rights.

VI. Four Factor Analysis 

In order to ensure that LEP customers are provided adequate services, each State should conduct 

a four-factor analysis. The four-factor analysis is the first step in providing meaningful access to 

federally-funded programs for LEP persons. The four-factor analysis addresses the following:

1. The number or proportion of LEP persons eligible to be serviced or likely to be

encountered by the State; 

2. The frequency with which LEP persons using a particular language come in contact 

with the State; 

3. The nature and importance of the State’s program or activity provided to the 

individual’s life; and

4. The resources available to the State and costs associated with providing LEP 

services.

 

Factor 1: Determine the number or proportion of LEP persons eligible to be served 

or likely to be encountered by the program.

To determine the number or proportion of LEP persons encountered during program 

delivery, at a minimum, the State should: 

A. Document interactions with LEP persons to determine the breadth and scope of 

language services that are needed. Appendix # 4 can be used to document 

interactions with LEP persons.

B. Identify and gather data regarding the languages primarily spoken in geographic 

areas within the State. This information can be obtained from the U.S. Census 

Bureau (www.census.gov), local government and school systems, and community 

organizations. 

C. Identify any concentrations of LEP persons within the State. At a minimum, the 

State should identify the top three languages that are spoken or encountered.
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D. Analyze the data gathered from A, B, and C above to determine specific LEP 

services to be provided. 

Factor 2: The frequency with which LEP persons come in contact with the 

programs, activities, and services.

To determine the frequency with which LEP persons come in contact with programs, 

services, and activities, at a minimum, the State should: 

A. Review the programs, activities, and services that are provided by the State and 

determine the frequency with which those programs, activities, and services are 

provided.

B. Survey employees to determine interactions with LEP individuals. Appendix #5

can be used for this purpose.

C. Consult directly with LEP persons to determine the various program, services, 

and activities that they frequently use.

Factor 3: The nature and importance of the program, activity, or service.

To determine the nature and importance of the programs, activities, or services provided 

to LEP persons, at a minimum, the State should: 

A. Identify and determine the potential impact that inability to access State services, 

programs, or activities may have on the LEP person. 

For example: Foodborne illnesses are preventable public health challenges that 

cause an estimated 48 million illnesses and 3,000 deaths each year in the United 

States. They are illnesses that come from eating contaminated food. The onset of 

symptoms may occur within minutes to weeks, and foodborne illness often 

presents itself as flu-like symptoms, as the ill person may experience symptoms 

such as nausea, vomiting, diarrhea, or fever. Because the symptoms are often flulike, many people may not recognize that the illness is caused by harmful bacteria 

or other pathogens in food. If LEP persons do not have access to information 

related to the proper handling of food in their language, it could result in 

foodborne illnesses.

B. Identify all documents that are deemed vital for communicating information to LEP 

customers. The State should consider its LEP plan one of its vital documents that 

should be translated in the top three languages that it identifies. 

Factor 4: Determine the resources available to LEP Persons and costs to the State.
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To determine the resources available to LEP persons and the costs associated with those 

resources, at a minimum, the State should: 

A. Explore the most cost-effective means of delivering competent and accurate 

language services, including determining the costs associated with translating 

documents, contracting for interpreters, and other language assistance methods as 

needed. In addition to using employees who are certified in specific languages and 

are able to provide assistance to customers who speak those languages, recipients 

should also explore resources provided by the State government. 

B. Determine if any additional services are needed to provide meaningful access.

VII. Implementation 

See Appendix #1 for the complete implementation plan.

VIII. Services to LEP Persons

The following are services each State, at a minimum, is obligated to provide to LEP persons: 

Oral language assistance/interpretation – At the point of first contact with a customer, the 

State should determine whether the person has limited English proficiency. Once the 

determination is made that the customer requires language assistance, the State should be 

prepared to provide those services. The State should be able to provide oral language 

assistance, including interpretation assistance by certified interpreters or qualified employees. 

The State is responsible for and may use various methods for assessing the competency of 

bilingual staff. Options include using local colleges or universities that can perform certified 

assessments; using a certified private contractor to administer an assessment of bilingual 

skills; or using existing staff that are certified. 

An individual’s primary language can be determined by the following: 

• FSIS’ Language Identification poster found at: 

https://www.fsis.usda.gov/wps/wcm/connect/a36049c2-85b4-4da7-a35aca1d14150a1a/ISpeakCards-USDA-17x11.pdf?MOD=AJPERES. 

• “I speak...” language identification cards. An example of the “I speak...” card 

can be found at: 

https://www.justice.gov/crt/lep/resources/ISpeakCards2004.pdf. 

• Verification of foreign language proficiency by a certified interpreter (in-person, 

telephonically, or through video interpretation services) provided by the State.

Written Translations – Consistent with the four factors, each State should translate all 

documents deemed vital in the identified languages. Translation services for vital 

documents should be procured through translators certified in the identified languages.
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Translation software may be used in some instances but should not be the sole resource 

available for translating written information. Vital information should be translated by a 

certified translator. FSIS’ vital documents have been translated into Spanish, Mandarin, 

Vietnamese, and Arabic. The FSIS vital documents that have been translated are 

maintained on the FSIS website and are available to the States for use as appropriate. 

If LEP services are offered by the State and refused, the State should ensure that the State 

employee completes Appendix #6 and should file it with the State’s records.

IX. Communication Plan

Each State should develop a communication plan as part of its LEP plan or as a separate 

document. The communication plan should outline specifically how the State intends to inform 

its customers of the availability of LEP services. The communication plan should include 

language that informs the customer that LEP services are provided by the State free of charge. 

Informing customers about the availability of LEP services can be accomplished through several 

methods. They include:

• Posting the availability of LEP services on the State’s website;

• Disseminating information about the availability of LEP services in State 

correspondence that is provided to customers and through outreach with community 

organizations and other groups; 

• Displaying LEP identification posters in State offices; and 

• Including State language assistance cards with State application packages. 

On an annual basis, each State will be required to complete a self-assessment (FSIS Form 1520-

1) to report LEP program efforts and provide supporting documentation. The Agency will 

review the State’s LEP plans every three years and provide recommendations regarding 

correcting any noted deficiencies within the State’s LEP program. 

X. LEP Training for State Employees 

Each State should ensure that all State employees who encounter or may encounter LEP persons 

receive LEP training. The State may choose to develop its own LEP training or use LEP 

training that has been developed by FSIS. 

Appendix #1

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RESPONSIBLE PERSON/STAFF ACTION TO BE TAKEN TIMELINE

Agency – Food Safety and Inspection 

Service

1. Develop and provide LEP training to States.

 

2. Oversee the development and implementation of State LEP plan

3. Monitor the State’s LEP plan to ensure it remains in compliance 

with FSIS requirements

Completed

Completed

Annually

State 1. Ensure employees who interact with LEP individuals receive LEP 

training.

2. Review and reissue LEP plan. (Appendix #7)

3. Gather data for languages spoken in geographic areas being 

serviced. (Example: Appendix #5) and review and analyze any 

new data gathered to determine what new LEP services are 

needed.

4. Identify any new vital documents to be translated.

5. Secure and maintain contractor for translation and interpretation 

services.

6. Ensure that there is adequate funding, and that other resources are 

available to provide effective and efficient LEP services.

7. Notify beneficiaries of LEP services.

8. Track LEP interactions. (Appendix #4)

9. Report LEP interactions to the Agency’s Civil Rights Staff.
Appendix #2

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Program Objective Recipient Uses Beneficiary Loan/Grant Terms/ Conditions

Cooperative 

Agreements 

with States 

for 

Intrastate 

Meat and 

Poultry 

Inspection

To supply 

Federal 

assistance to 

States desiring to 

operate a meat 

and poultry 

inspection 

program in order 

to assure the 

consumer an 

adequate supply 

of safe, 

wholesome, and 

properly labeled 

meat and poultry 

products

27 State Meat and Poultry 

Inspection (MPI) Programs 

(Alabama, Arizona, 

Delaware, Georgia, Iowa, 

Illinois, Indiana, Kansas, 

Louisiana, Maine, 

Minnesota, Mississippi, 

Missouri, Montana, North 

Carolina, North Dakota, 

Ohio, Oklahoma, South 

Carolina, South Dakota, 

Texas, Utah, Vermont, 

Virginia, West Virginia, 

Wisconsin, and Wyoming)

To assist States that 

operate meat and 

poultry inspection 

programs which are 

equal to Federal meat 

and poultry inspection

Meat, poultry, and 

egg products plants 

located within the 

States engaged in 

slaughtering or 

processing meat, 

poultry, and egg 

products for intrastate

shipment are required 

to have inspection

FSIS provides up 

to 50% funding to 

a State 

Cooperative 

Inspection 

Program

In order for States to oper 

their own MPI program, th 

must meet and enforce 

requirements “at least equ 

those imposed under the F

Meat Inspection Act, Poul 

Products Inspection Act, 

Humane Methods of Slau 

Act of 1978, Financial 

regulations, and Civil Rig 

laws. State MPI program 

routinely evaluated to dete 

if each program meets the 

least equal to” criteria. Th 

criteria consists of 9 

components: Statutory Au 

and Food Safety Regulatio 

Inspection; Product Samp 

Staffing and Training; Hu 

Handling; Non-Food Safe 

Consumer Protection; 

Compliance; Civil Rights 

Financial Accountability.
Appendix #3

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Appendix #4

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Record of Contact with LEP Persons

Date of Contact with 

LEP Person

State Personnel Who 

Communicated with 

LEP Person

Primary Language 

Spoken by LEP 

Person

Geographic 

Location of LEP 

Person

Method of Contact 

with LEP Person (In 

Person, Telephonic, 

Written)

Type of Service Provided to 

LEP Person

04-01-2019 Tammie Smith Spanish

Lawrence, 

Kansas In Person

Provided copy of application 

and 800 number to 

interpreter service.

 The information captured above should be provided to the FSIS Civil Rights Staff on an annual basis.
Appendix #5

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Sample Survey to Record Contact with LEP Persons

An individual with Limited English Proficiency (LEP) is defined as a person who does not speak English as their 

primary language and who has a limited ability to read, write, speak, or understand English. 

The purpose of the survey is to gather information on the number and frequency of contacts that FSIS 

employees have with LEP individuals where the nature of those interactions is of critical importance in the 

receipt of Federal services. This survey pertains to the language needs of FSIS customers, and does not apply to 

FSIS employees who, in order to perform their duties, must be fluent in the English language.

LEP Survey

Q. Do you encounter LEP individuals in the course of communicating critical information? Critical information is 

defined as information required for obtaining or retaining Federal services and/or benefits or is required by law. 

Examples include: 

• Application procedures and documentation required to apply for grants of inspection

• Documentation and information needed to enforce and ensure compliance with food safety 

requirements

• Information on recalls

A. Yes/No (If the answer is yes, proceed to the next question. If the answer is no, the survey is over.)

Q. What critical information are you providing to these LEP individuals?

A. Fill in

Q. What are the primary languages of these LEP individuals? (Select all that apply)

A. Spanish; French; Mandarin (Chinese); Japanese; Vietnamese; Arabic; Don’t Know; Other (fill 

 in)

For each language selected, please answer the following questions:

Q. Over the course of the year, approximately how many people do you encounter that 

 speak this language?

A. Number

Q. How often do you interact with these LEP individuals?

A. Daily; Weekly; Monthly; Annually 

Q. Are there FSIS employees in the local area who are fluent in this language and can

 serve as interpreters as needed?

A. Yes/No/Don’t Know
Appendix #6

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LEP Release Acknowledgment Form

I hereby affirm that I offered language assistance or interpreter services at no cost to

______________________________ and the services were declined. I explained 

that the use of a family member or friend for the aforementioned services could result 

in a breach of confidentiality, violating his/her individual privacy, and could disclose 

sensitive and confidential information that he/she would not like disclosed. 

Name (Printed): ____________________________________ Date: __________________

 (Employee)

Signature: _________________________________________
Appendix #7

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Format for LEP Plan:

I. Introduction

II. Policy

III. Legal Authority

IV. Definitions/ Key Terms

V. Scope

VI. Current LEP Practices

VII. Four Factor Analysis

VIII. Communication/ Outreach (Notification to LEP Persons)

IX. LEP Training

X. Roles and Responsibilities