FOOD
AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
AUTHORIZATION:
National
School Lunch Act, as amended; Agricultural Act of 1949, as amended;
Mutual Security Act of 1954, as amended; Agricultural Act of 1956;
Act of September 6, 1958, as amended; Act of September 13, 1960,
as amended; Food and Agriculture Act of 1965, as amended; Child
Nutrition Act of 1966, as amended; Older Americans Act of 1965,
as amended; Agriculture and Consumer Protection Act of 1973, as
amended; Public Law 74-320, as amended, Public Law 75-165; Public
Law 93-288; Public Law 95-166, 91 Stat. 1334 and 1336; Public Law
95-627; Public Law 96-494; Public Law 97-98; Public Law 98-8, as
amended; Public Law 100-237, 101 Stat. 1733; Public Law 100-435,
102 Stat. 1645; Public Law 101-147, 103 Stat. 877; Public Law 101-624,
104 Stat. 3359; Public Law 103-448, 108 Stat. 4699; 7 U.S.C. 612c,
612c note; 7 U.S.C. 1431, 1446a-1, 1859; 15 U.S.C. 713c; 22 U.S.C.
1922; 42 U.S.C. 1755, 1758, 1760, 1761, 1762a, 1766, 1777, 3030a,
3057c, 5179-5180; 49 U.S.C. 1751.
To
improve the diets of school and preschool children; the elderly;
needy persons in charitable institutions; other individuals in need
of food assistance; and, to increase the market for domestically
produced foods acquired under surplus removal or price support operations.
TYPES
OF ASSISTANCE:
Sale, Exchange, or Donation of Property and Goods. Place Cursor Here for Definition
USES
AND USE RESTRICTIONS:
USDA
makes food available to State agencies for distribution to qualifying
outlets, such as emergency feeding organizations, soup kitchens
and food banks, schools, child and adult day care, charitable institutions,
nutrition programs for the elderly, nonprofit summer camps and Summer
Food Service for children. Individuals may not be charged. Donated
foods may not be sold, exchanged, or otherwise disposed of (authorized
distribution excepted) without prior, specific approval of the Department.
ELIGIBILITY
REQUIREMENTS:
Applicant
Eligibility: Such State, Territorial and Federal
agencies that are designated as distributing agencies by the Governor,
legislature, or other authority may receive and distribute donated
foods. School and other child feeding programs are eligible but
must meet requirements concerning facilities, meal content, meal
charges, etc. Charitable institutions are eligible to the extent
they serve needy persons. Emergency feeding operations under Public
Law 98-8 and amendments must provide food to needy persons including
unemployed persons. All must apply to their responsible State distributing
agency. Elderly nutrition programs that are funded under Title III
of the Older Americans Act of 1965 must apply to their State Agency
on Aging for commodities; elderly nutrition programs for Indians
on reservations that are funded under Title VI of the Older Americans
Act must apply to FNS Regional Offices for such assistance.
Beneficiary
Eligibility: Households in areas which participate
in the Emergency Food Assistance Program (TEFAP) authorized under
Public Law 98-8 must meet eligibility requirements established
by the State. All children in schools, child care institutions,
and summer camps which participate in the program may benefit
from food donations. Foods donated to charitable institutions
(on the basis of needy persons served) and to nutrition programs
for the elderly, may be used for the benefit of all served.
Credentials/Documentation:
Individual households are individually certified by local agencies
based on the State eligibility standards for TEFAP.
Pre-application
Coordination: This program is eligible for coverage
under E.O. 12372, "Intergovernmental Review of Federal Programs."
An applicant should consult the office or official designated as
the single point of contact in his or her State for more information
on the process the State requires to be followed in applying for
assistance, if the State has selected the program for review. This
program is subject to the provisions of OMB Circular No. A-102.
Application
Procedure: All States now have distributing
agencies; no applications necessary. Local governments, schools,
other child nutrition organizations, nonprofit summer camps for
children, charitable institutions, and nutrition programs for
the elderly must apply to State distributing agencies on their
forms. Under TEFAP, a household eligibility and distribution plan
must be approved for each State; heads of households apply to
receive commodities for home consumption to local welfare authorities
on forms supplied by State or local office. Persons receiving
commodities in the form of meals from sites which serve prepared
meals are presumed to be eligible.
Award
Procedure: Not applicable.
Deadlines:
None.
Range
of Approval/Disapproval Time: Not applicable.
Appeals:
None.
Renewals:
Program continues once approved unless withdrawal is requested
or required because of program irregularities, persons receiving
commodities for home consumption are recertified periodically.
ASSISTANCE
CONSIDERATIONS:
Formula
and Matching Requirements: Foods are donated
on the basis of availability and need. Under TEFAP, foods are allocated
to each State on the basis of a formula combining the number of
persons in the State living below the poverty level (60 percent)
and the number of unemployed persons (40 percent).
Length
and Time Phasing of Assistance: Food donations
continuous.
POST
ASSISTANCE REQUIREMENTS:
Reports:
Semiannual inventory reports of commodities.
Audits:
In accordance with the provision of OMB Circular No. A- 133, "Audits
of States, Local Governments, and Non-profit Organizations," State
and local governments, and non-profit organizations that expend
Federal financial assistance of $300,000 or more within any fiscal
year shall have either a single audit or (in certain cases) a
program specific audit made for that year. Audits may be conducted
less frequently under conditions specified in A-133.
Records:
Adequate to account for all receipts and dispositions; to be retained
for 3 years following the close of the fiscal year.
USDA has worked in conjunction with Indian Tribal Organizations
and agencies to improve the food packages offered to recipients
of the Food Distribution Program on Indian Reservations and the
Commodity Supplemental Food Program. USDA is supporting the School
Meals Initiative by improving schools access to high quality, fresh
fruits and vegetables that will appeal to kids. USDA has teamed
up with the Department of Defense Personnel Support Center to offer
over 60 varieties of fresh fruits and vegetables to States. USDA
has numerous initiatives that are underway to streamline commodity
distribution programs, make them more efficient, and enhance customer
service to its partners and stakeholders such as schools, Indian
Tribal Organizations, State and local agencies, and agricultural
producers. Efforts are underway to develop new information technology
systems to replace outdated and antiquated systems within USDA and
among States, schools, and USDA. Product specifications are being
updated. USDA is planning to allow vendors the option to use commercial
labels for most commodity products. USDA is testing the use of National
umbrella contracts with industry to simplify the processing of commodities.
The commodity hold and recall system has been re-engineered to reduce
the time needed to resolve recipient and State agency complaints.
USDA is also working to pilot-test several other food distribution
program improvements within the next few years.
REGULATIONS,
GUIDELINES, AND LITERATURE:
7 CFR 240, 250; 251, 253,254.
INFORMATION
CONTACTS:
Regional
or Local Office: See Food and Nutrition Service
Regional Offices listed in Appendix IV of the Catalog.
Headquarters
Office: Food Distribution Division, Food and
Nutrition Service, Department of Agriculture, Alexandria, VA 22302.
Telephone: (703) 305-2680. Contact: Les Johnson, Director.
