[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: 7CFR251.3] [Page 487-488] TITLE 7--AGRICULTURE CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE PART 251--THE EMERGENCY FOOD ASSISTANCE PROGRAM--Table of Contents Sec. 251.3 Definitions. (a) The terms used in this part that are defined in part 250 of this chapter have the meanings ascribed to them therein, unless a different meaning for such a term is defined herein. (b) Charitable institution (which is defined differently in this part than in part 250 of this chapter) means an organization which-- (1) Is public, or (2) Is private, possessing tax exempt status pursuant to Sec. 251.5(a)(3); and (3) Is not a penal institution (this exclusion also applies to correctional institutions which conduct rehabilitation programs); and (4) Provides food assistance to needy persons. (c) Distribution site means a location where the eligible recipient agency actually distributes commodities to needy persons for household consumption or serves prepared meals to needy persons under this part. (d) Eligible recipient agency means an organization which-- (1) Is public, or (2) Is private, possessing tax exempt status pursuant to Sec. 251.5(a)(3); and (3) Is not a penal institution; and (4) Provides food assistance-- (i) Exclusively to needy persons for household consumption, pursuant to a means test established pursuant to Sec. 251.5 (b), or (ii) Predominantly to needy persons in the form of prepared meals pursuant to Sec. 251.5(a)(2); and (5) Has entered into an agreement with the designated State agency pursuant to Sec. 251.2(c) for the receipt of commodities or administrative funds, or receives commodities or administrative funds under an agreement with another eligible recipient agency which has signed such an agreement with the State agency or another eligible recipient agency within the State pursuant to Sec. 251.2(c); and (6) Falls into one of the following categories: (i) Emergency feeding organizations (including food banks, food pantries and soup kitchens); (ii) Charitable institutions (including hospitals and retirement homes); (iii) Summer camps for children, or child nutrition programs providing food service; (iv) Nutrition projects operating under the Older Americans Act of 1965 (Nutrition Program for the Elderly), including projects that operate congregate Nutrition sites and projects that provide home- delivered meals; and (v) Disaster relief programs. (e) Emergency feeding organization means an eligible recipient agency which provides nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. Emergency feeding organizations have priority over other eligible recipient agencies in the distribution of TEFAP commodities pursuant to Sec. 251.4(h). (f) Food bank means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis. (g) Food pantry means a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. (h) Formula means the formula used by the Department to allocate among States the commodities and funding available under this part. The amount of such commodities and funds to be provided to each State will be based on each State's population of low-income [[Page 488]] and unemployed persons, as compared to national statistics. Each State's share of commodities and funds shall be based 60 percent on the number of persons in households within the State having incomes below the poverty level and 40 percent on the number of unemployed persons within the State. The surplus commodities will be allocated to States on the basis of their weight (pounds), and the commodities purchased under section 214 of the Emergency Food Assistance Act of 1983 will be allocated on the basis of their value (dollars). In instances in which a State determines that it will not accept the full amount of its allocation of commodities purchased under section 214 of the Emergency Food Assistance Act of 1983, the Department will reallocate the commodities to other States on the basis of the same formula used for the initial allocation. (i) State agency means the State government unit designated by the Governor or other appropriate State executive authority which has entered into an agreement with the United States Department of Agriculture under Sec. 251.2(c). (j) Soup kitchen means a public or charitable institution that, as an integral part of the normal activities of the institution, maintains an established feeding operation to provide food to needy homeless persons on a regular basis. (k) Value of commodities distributed means the Department's cost of acquiring commodities for distribution under this part. [64 FR 72903, Dec. 29, 1999]