[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: 7CFR251.2]

[Page 482-483]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_THE EMERGENCY FOOD ASSISTANCE PROGRAM--Table of Contents
 
Sec.  251.2  Administration.

    (a) Food and Nutrition Service. Within the United States Department 
of Agriculture (the ``Department''), the Food and Nutrition Service 
(FNS) shall have responsibility for the distribution of food commodities 
and allocation of funds under the part.
    (b) State AgenciesWithin the States, distribution to eligible 
recipient agencies and receipt of payments for storage and distribution 
shall be the responsibility of the State agency which has: (1) Been 
designated for such responsibility by the Governor or other appropriate 
State executive authority; and (2) entered into an agreement with the 
Department for such distribution and receipt in accordance with 
paragraph (c) of this section.
    (c) Agreements. (1) Agreements between Department and States. Each 
State agency that distributes donated foods to eligible recipient 
agencies or receives payments for storage and distribution costs in 
accordance with Sec.  251.8 must perform those functions pursuant to an 
agreement entered into with the Department. This agreement will be 
considered permanent, with amendments initiated by State agencies, or 
submitted by them at the Department's request, all of which will be 
subject to approval by the Department.
    (2) Agreements between State agencies and eligible recipient 
agencies, and between eligible recipient agencies. Prior to making 
donated foods or administrative funds available, State agencies must 
enter into a written agreement with eligible recipient agencies to which 
they plan to distribute donated foods and/or administrative funds. State 
agencies must ensure that eligible recipient agencies in turn enter into 
a written agreement with any eligible recipient agencies to which they 
plan to distribute donated foods and/or administrative funds before 
donated foods or administrative funds are transferred between any two 
eligible recipient agencies. All agreements entered into must contain 
the information specified in paragraph (d) of this section, and be 
considered permanent, with amendments to be made as necessary, except 
that agreements must specify that they may be terminated by either party 
upon 30 days' written notice. State agencies must ensure that eligible 
recipient agencies provide, on a timely basis, by amendment to the 
agreement, or other written documents incorporated into the agreement by 
reference if permitted under paragraph (d) of this section, any 
information on changes in program administration, including any changes 
resulting from amendments to Federal regulations or policy.
    (d) Contents of agreements between State agencies and eligible 
recipient agencies and between eligible recipient agencies. (1) 
Agreements between State agencies and eligible recipient agencies and 
between eligible recipient agencies must provide:
    (i) That eligible recipient agencies agree to operate the program in 
accordance with the requirements of this part, and, as applicable, part 
250 of this chapter; and
    (ii) The name and address of the eligible recipient agency receiving 
commodities and/or administrative funds under the agreement.
    (2) The following information must also be identified, either in the 
agreement or other written documents incorporated by reference in the 
agreement:
    (i) If the State agency delegates the responsibility for any aspect 
of the program to an eligible recipient agency, each function for which 
the eligible recipient agency will be held responsible; except that in 
no case may State agencies delegate responsibility for establishing 
eligibility criteria for organizations in accordance with Sec.  
251.5(a), establishing eligibility criteria for recipients in accordance 
with Sec.  251.5(b), or

[[Page 483]]

conducting reviews of eligible recipient agencies in accordance with 
Sec.  251.10(e);
    (ii) If the receiving eligible recipient agency is to be allowed to 
further distribute TEFAP commodities and/or administrative funds to 
other eligible recipient agencies, the specific terms and conditions for 
doing so, including, if applicable, a list of specific organizations or 
types of organizations eligible to receive commodities or administrative 
funds;
    (iii) If the use of administrative funds is restricted to certain 
types of expenses pursuant to Sec.  251.8(e)(2), the specific types of 
administrative expenses eligible recipient agencies are permitted to 
incur;
    (iv) Any other conditions set forth by the State agency.

[51 FR 12823, Apr. 16, 1986, as amended at 51 FR 17933, May 13, 1987; 59 
FR 16974, Apr. 11, 1994; 62 FR 53731, Oct. 16, 1997; 64 FR 72902, 72903, 
Dec. 29, 1999]