[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: 7CFR253.10]

[Page 531-533]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 253--ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR HOUSEHOLDS ON INDIAN RESERVATIONS--Table of Contents
 
Sec. 253.10  Commodity control, storage and distribution.

    (a) Control and accountability. The State agency shall be 
responsible for the issuance of commodities to households and the 
control of and accountability for the commodities upon its acceptance of 
the commodities at time and place of delivery.
    (b) Commodity inventories. The State agency shall, in cooperation 
with the FNS Regional office, develop an appropriate procedure for 
determining and

[[Page 532]]

monitoring the level of commodity inventories at central commodity 
storage facilities and at each local distribution point. The State 
agency shall maintain the inventories at proper levels taking into 
consideration, among other factors, household preferences and the 
historical and projected volume of distribution at each site. The 
procedures shall provide that commodity inventories at each central 
storage facility and each local distribution point are not in excess, 
but are adequate for, an uninterrupted distribution of commodities.
    (c) Storage facilities and practices. The State agency shall as a 
minimum ensure that:
    (1) Adequate and appropriate storage facilities are maintained. The 
facilities shall be clean and neat and safe-guarded against theft, 
damage, insects, rodents and other pests.
    (2) Department recommended dunnage, stacking and ventilation methods 
are followed.
    (3) Commodities are stacked in a manner which facilitates an 
accurate inventory.
    (4) Commodities are issued on a first-in, first-out basis.
    (5) Commodities held in storage for a protracted period of time are 
reinspected prior to issuance.
    (6) Out-of-condition commodities are disposed of in accordance with 
Department approved methods.
    (7) Notification is provided to certified households of the location 
of distribution sites and days and hours of distribution.
    (8) An adequate supply of commodities which are available from the 
Department is on hand at all distribution sites.
    (9) Sufficient distribution sites, either stationary or mobile, are 
geographically located or routed in relation to population density of 
eligible households.
    (10) Days and hours of distribution are sufficient for caseload size 
and convenience.
    (11) Households are advised they may refuse any commodity not 
desired, even if the commodities are prepackaged by household size.
    (12) Emergency issuance of commodities will be made to households 
certified for expedited service in accordance with the provisions of 
Sec. 253.7(a)(9).
    (13) Eligible households or authorized representatives are 
identified prior to the issuance of commodities.
    (14) Authorized signatures are obtained for commodities issued and 
the issue date recorded.
    (15) Posters are conspicuously displayed advising program 
participants to accept only those commodities, and in such quantities, 
as will be consumed by them.
    (16) Complete and current records are kept of all commodities 
received, issued, transferred, and on hand and of any inventory 
overages, shortages, and losses.
    (17) A list of commodities offered by the Department is displayed at 
distribution sites so that households may indicate preferences for 
future orders.
    (d) Distribution. The State agency shall distribute commodities only 
to households eligible to receive them under this part. If the State 
agency uses any other agency, administration, bureau, service or similar 
organization to effect or assist in the certification of households or 
distribution of commodities, the State agency shall impose upon such 
organization responsibility for determining that households to whom 
commodities are distributed are eligible under this part. The State 
agency shall not delegate to any such organization its responsibilities 
to the Department for overall management and control of the Food 
Distribution Program.
    (e) Improper distribution or loss of or damage of commodities. State 
agencies shall take action to obtain restitution in connection with 
claims arising in their favor for improper distribution, use or loss, or 
damage of commodities in accordance with Sec. 250.13 and Sec. 250.15 of 
this chapter.
    (f) Damaged or out-of-condition commodities. The State agency shall 
immediately notify the appropriate Food and Nutrition Service Regional 
Office (FNSRO) if any commodities are found to be damaged or out-of-
condition at the time of arrival, or at any subsequent time, whether due 
to latent defects or any other reason. FNSRO shall advise the State 
agency of the appropriate action to be taken with regard

[[Page 533]]

to such commodities. If the commodities are declared unfit for human 
consumption in accordance with Sec. 250.13(f) of this chapter, they 
shall be disposed of as provided for under that section. When out-of-
condition commodities do not create a hazard to other food at the same 
location, they shall not be disposed of until FNSRO or the responsible 
commodity contractor approves. When circumstances require prior disposal 
of a commodity, the quantity and manner of disposition shall be reported 
to the appropriate FNSRO. If any damaged or out-of-condition commodities 
are inadvertently issued to a household and are rejected or returned by 
the household because the commodities were unsound at the time of 
issuance and not because the household failed to provide proper storage, 
care or handling, the State agency shall replace the damaged or out-of-
condition commodities with the same or similar kind of commodities which 
are sound and in good condition. The State agency shall account for such 
replacements on its monthly inventory report.

(Approved by the Office of Management and Budget under control number 
0584-0071)

(44 U.S.C. 3506)

[44 FR 35928, June 19, 1979, as amended at 47 FR 746, Jan. 7, 1982. 
Redesignated by Amdt. 1, 47 FR 14137, Apr. 2, 1982, and further 
redesignatedat 64 FR 73384, Dec. 30, 1999.]