[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR250.11]

[Page 443]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 250--DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION--Table of Contents
 
                 Subpart B--General Operating Provisions
 
Sec. 250.11  Eligibility determination for recipient agencies and recipients.

    (a) Verification of recipient agency eligibility. Distributing 
agencies at the request of FNS shall:
    (1) Verify that recipient agencies registered to participate in the 
National Commodity Processing (NCP) Program have a current agreement 
with the distributing agency to receive donated food in accordance with 
Sec. 252.1(c) and
    (2) Report the results of such verification to FNS within timeframes 
determined by FNS.
    (b) Eligibility of recipient agencies and recipients. Distributing 
agencies shall determine the eligibility of any agency which submits an 
application for participation in the program. Distributing agencies 
shall consider the past performance of recipient agencies when approving 
applications for participation. Once a recipient agency has been 
determined to be eligible for participation in the program, the 
distributing agency shall enter into an agreement with the agency in 
accordance with Sec. 250.12(b) and make donated food available. 
Distributing agencies shall impose upon welfare agencies the 
responsibility for determining that recipients to whom welfare agencies 
distribute donated foods are eligible: Provided, however: That the State 
agency or FNSRO administering the applicable program shall determine the 
eligibility under this part of school food authorities participating 
under part 210 or part 220, or sponsors participating in the Summer Food 
Service Program for Children under part 225, of this chapter, and of 
nonresidential child care institutions participating in the Child Care 
Food Program under part 226 of this chapter.