[Code of Federal Regulations] [Title 7, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR250.43] [Page 471-473] 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 D_Eligible Recipient Agencies and Programs Sec. 250.43 Disaster food assistance. (a) Organizational eligibility. In instances in which the President has declared a disaster and FNS has determined that, as a result of the disaster, low-income households are unable to purchase adequate amounts of nutritious food, disaster organizations (including agencies of State and Federal government) may be eligible to receive donated foods for congregate meal service or household distribution to disaster victims. Applications submitted by disaster organizations to the distributing agency for the receipt and distribution of donated foods in accordance with paragraphs (b)(2) and (c)(2) of this section shall be initially submitted in writing if circumstances permit and, if not, confirmed in writing in a timely manner. Both the applications and the written approval for the use of USDA commodities shall be maintained in accordance with the recordkeeping requirements of this part. (b) Congregate meal service--(1) Approval authority and duration. Distributing agencies may review and approve applications submitted by disaster organizations for the donation of foods for use in preparing congregate meals for disaster victims. Distributing agencies also shall determine the length of such donations, taking into consideration the magnitude of the situation, and may extend the duration of such donations as developing circumstances dictate. Following approval of a request for donated foods, the distributing agency shall make appropriate donated foods available from any source within the State to the disaster organization(s) and within 24 hours of approving the application shall report the information listed in paragraph (b)(2) of this section to the appropriate FNSRO. (2) Applications. (i) Disaster organizations wishing to receive donated foods for use in preparing meals for disaster victims shall submit applications to the distributing agency. Applications shall, to the extent possible, include the following information: [[Page 472]] (A) Description of disaster situation; (B) Number of people requiring meals; (C) Period of time for which commodities are requested; and (D) Quantity and types of food needed for congregate meal service. (ii) In addition, organizations shall report to the distributing agency the number and location of sites providing congregate meal service as such sites are established. (c) Household distribution--(1) Approval authority and duration. In instances in which the distributing agency has determined that the distribution of donated foods to households is appropriate, the distributing agency shall submit applications requesting approval for such distributions to the appropriate FNSRO for submission to FNS for prior approval. FNS will determine the length of time such donations will be made, taking into consideration the magnitude of the situation, and may extend the duration of such donations as developing circumstances dictate. (2) Applications. (i) Disaster organizations wishing to receive and distribute donated foods to households shall submit applications to the distributing agency. Applications shall, to the extent possible, include the following information: (A) Description of disaster situation; (B) Identification of the specific area(s) included in the request; (C) Number of households affected; (D) Explanation as to why the distribution of commodities to households is warranted; (E) Anticipated distribution period; (F) Method(s) of distribution available; (G) Quantity and types of food needed for distribution; (H) Statement of assurance that simultaneous disaster food stamp benefits and commodity assistance will not be provided to individual households; and (I) Description of the system that will be implemented to prevent dual participation. (ii) In addition, information on the number and location of sites where commodities are to be distributed shall be provided to the distributing agency as such sites are established. (3) Collection of household information. In instances in which the issuance of disaster food stamp benefits has been approved, any entity (i.e., Federal, State, or local) distributing donated foods to households shall, at a minimum, collect the information listed below in a format prescribed by the distributing agency. Such information shall be forwarded to the distributing agency and maintained by the distributing agency in accordance with the recordkeeping requirements contained in this part, except that such information may, at the discretion of the distributing agency, be maintained by the organization distributing commodities if such organization is an agency of the State government. (i) Name of household member applying for assistance; (ii) Address; (iii) Number of household members; and (iv) Statement signed by the household certifying that the household: (A) Is in need of food assistance; (B) Understands that misrepresentation of need, and the sale or exchange of the donated food, are prohibited and could result in a fine, imprisonment, or both; (C) Is not residing in a shelter which provides food assistance; and (D) Is not receiving disaster food stamp benefits. (d) Quantities and value of donated foods. The distributing agency shall make donated foods available to approved disaster organizations based on the caseload factor information provided by the disaster organizations. (e) Types of donated foods authorized for donation. Disaster organizations providing food assistance under this Section are eligible to receive donated foods under section 416, section 32, section 709, section 4(a), and sections 412 and 413 of the Stafford Act. (f) Summary report. Within 45 days following termination of the disaster assistance, the distributing agency shall provide a summary report to the appropriate FNSRO using Form FNS-292, Report of Coupon Issuance and Commodity Distribution for Disaster Relief. [[Page 473]] (g) Replacement. Distributing agencies which decide to seek replacement of foods used from State and/or local inventories for disaster assistance shall file their request in writing to the FNSRO within 30 days following termination of the assistance. FNS will replace such foods in instances when a request for replacement is submitted within the required 30 days or sufficient justification exists to waive the 30-day requirement. [62 FR 8365, Feb. 25, 1997]