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10.550 FOOD DONATION

FEDERAL AGENCY

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.

OBJECTIVES

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.

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 or Title VI of the Older Americans Act of 1965 must apply to their State Agency on Aging to receive donated foods.

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) 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.

APPLICATION AND AWARD PROCESS

Preapplication Coordination

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) may be used for the benefit of all served. This program is excluded from coverage under E.O. 12372.

Application Procedure

All States now have distributing agencies; no applications necessary. Local governments, schools, other child nutrition organizations, nonprofit summer camps for children, and charitable institutions, 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 donated foods in the form of meals from charitable institutions 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 donated foods for home consumption are recertified periodically.

ASSISTANCE CONSIDERATIONS

Formula and Matching Requirements

Foods are donated on the basis of allocations provided under legislative authority, and in accordance with 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 $500,000 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. The value of donated foods received for the year must be considered in determining if an audit is required.

Records

Adequate to account for all receipts and dispositions; to be retained for 3 years following the close of the fiscal year.

FINANCIAL INFORMATION

Account Identification

12-4336-0-3-351; 12-5209-0-2-605.

Obligations

(Donations) FY 04 $237,620,000; FY 05 $166,575,000; and FY 06 est $186,876,000.

Range and Average of Financial Assistance

Not applicable.

PROGRAM ACCOMPLISHMENTS

Through numerous initiatives, USDA has streamlined food distribution programs, made them more efficient, and improved customer service to its partners and stakeholders. Improvements include implementing a web-based Electronic Commodity Ordering System, establishing National Processing Contracts to simplify the processing of commodities into end products for schools, and improving food package offerings to recipients of the Food Distribution Program on Indian Reservations and the Commodity Supplemental Food Program.

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: Cathie McCullough, Director.

Web Site Address

http://www.fns usda.gov/fdd

EXAMPLES OF FUNDED PROJECTS

Not applicable.

CRITERIA FOR SELECTING PROPOSALS

Not applicable.