[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR250.41]



[Page 482-483]

 

                          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. 250.41  Charitable institutions.



    (a) Distribution. (1) The distributing agency shall distribute 

donated food only to those charitable institutions which have entered 

into a written agreement for participation in the program with the 

distributing agency in accordance with Sec. 250.12(b). Prior to 

entering into a written agreement, the charitable institution shall 

provide verification of the institution's tax exempt status under the 

Internal Revenue Code. In addition to the terms and conditions set forth 

in Sec. 250.12(b), written agreements shall, at a minimum, include:

    (i) The name and location of the charitable institution;

    (ii) Total number of days meals will be served;

    (iii) Average daily number of participants;

    (iv) Total number of meals by type to be served daily to needy 

persons;

    (v) Data that show the number of needy persons receiving benefits 

under another means-tested program or financial data that show the total 

annual amount of funds received by the institution that are derived, 

respectively, from (A) subsidized income and (B) nonsubsidized income. 

For the purpose of this section ``subsidized income'' shall mean income 

from public tax funds which are provided on behalf of participants that 

have been determined to be in need of financial assistance through a 

means-tested program such as Medicaid or income received through private 

federally tax exempt contributions which are provided for the care of 

participants which the institution had determined to be in need of 

financial assistance. ``Nonsubsidized income'' shall mean all other 

income, including payments made on behalf of participants by persons 

legally responsible for their support;

    (vi) Indication of whether the charitable institution will employ 

the services of a food service management company to conduct its food 

service operations;

    (vii) Assurance that proper inventory controls will be maintained; 

and

    (viii) Assurance that all reports will be submitted as required by 

the distributing agency.

    (2) Adult correctional institutions are eligible to receive donated 

foods as charitable institutions, to the extent that needy persons are 

served, if they conduct rehabilitation programs that are:

    (i) Available to either a majority of the total inmate population 

(including inmates awaiting trial or sentencing) or to a majority of 

sentenced inmates; and

    (ii) Of sufficient scope to permit participation for a minimum of 10 

hours per week per inmate by either a majority of the total inmate 

population or a majority of sentenced inmates.



Prior to entering into an agreement for donation of foods to an adult 

correctional institution, the distributing agency shall require the 

institution's director or other responsible official to provide a 

written statement certifying that the institution conducts such 

rehabilitation programs. The statement shall be reviewed annually and 

maintained as part of the agreement.

    (3) Charitable institutions may employ food service management 

companies to conduct food service operations in accordance with Sec. 

250.12(d).

    (b) Quantities of donated foods. Distribution of donated foods to 

eligible charitable institutions shall be made on the basis of the 

average number of meals served daily to needy persons. To determine the 

number of needy persons being served, the distributing agency shall 

determine the proportion of subsidized income by dividing the subsidized 

income by the total subsidized and nonsubsidized income (as defined in 

paragraph (a)(1) of this section) and multiplying that number by the 

average daily number of participants as required in Sec. 

250.41(a)(1)(v), or by simply counting the number of participants that 

receive benefits under another a means-tested program. The distributing 

agency shall use the income and average daily participation figures 

reflected in the agreement in determining the number of needy persons 

being served by the institution in accordance with the above formula. 

Income and participation figures shall be based on the institution's 

records for the previous year. The distributing agency shall obtain 

updated pertinent



[[Page 483]]



information by September 30 of each fiscal year.

    (c) Types of donated foods authorized for donation. Charitable 

institutions are eligible to receive donated foods under section 416, 

section 32, section 4(a), and section 709.



(Approved by the Office of Management and Budget under control number 

0584-0305)



[53 FR 20426, June 3, 1988, as amended at 59 FR 16972, Apr. 11, 1994; 62 

FR 53729, Oct. 16, 1997]