[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: 7CFR250.42]



[Page 483-484]

 

                          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. 250.42  Nutrition programs for the elderly.



    (a) Distribution. Distributing agencies shall distribute donated 

foods only to nutrition programs for the elderly which have entered into 

an agreement for donation of commodities in accordance with Sec. 

250.12(b). Food service management companies may be employed to conduct 

food service operations in accordance with Sec. 250.12(d).

    (b) Quantities and value of donated foods--(1) Quantities. 

Distribution of donated foods to nutrition programs for the elderly 

shall be based on the level of assistance per meal as required by the 

Older Americans Act of 1965, as amended, and on the number of eligible 

meals served within the State as evidenced by written caseload factor 

information provided by the State Agency on Aging.

    (2) Value. (i) For the fiscal years 1986 through 1991, the quantity 

of donated foods to be made available to each State Agency on Aging for 

distribution to nutrition programs for the elderly shall be valued at 

not less than 56.76 cents for each meal which such State Agency on 

Aging, in accordance with regulations and guidelines authorized by the 

Commissioner on Aging, United States Department of Health and Human 

Services, reports as having been served or, where necessary, estimates 

will be served within the State or to Indian Tribal Organizations during 

the year: Provided, however, That:

    (A) This quantity will be reduced to the extent that a State Agency 

on Aging elects to receive cash in lieu of donated foods in accordance 

with paragraph (c) of this section and

    (B) The quantity of donated foods to be provided to any State Agency 

on Aging for any fiscal year shall not be adjusted on the basis of meal 

reports or estimates submitted after July 1 of such fiscal year.

    (ii) Notwithstanding the provisions of paragraph (b)(2)(i) of this 

section, in any fiscal year in which compliance with paragraph (b)(2)(i) 

of this section costs more than the amounts authorized to be 

appropriated under the Older Americans Act of 1965, as amended for that 

fiscal year, the Secretary shall reduce the cents per meal level 

determined pursuant to paragraph (b)(2)(i) of this section for that 

fiscal year as necessary to meet the authorization of appropriations for 

that fiscal year. If such action is necessary, the per meal level will 

be reduced uniformly for each meal served during that fiscal year.

    (c) Cash in lieu of donated foods. (1) Any State Agency on Aging 

may, for the purposes of the programs authorized by titles III and VI of 

the Older Americans Act of 1965, as amended, elect to receive cash 

payments in lieu of all or any portion of the donated foods that it 

would otherwise receive under paragraph (b) of this section during any 

fiscal year.

    (2) When a State Agency on Aging elects to receive cash payments in 

lieu of donated foods, that election shall be binding on the State 

Agency on Aging for the entire fiscal year to which it pertains, and FNS 

shall make cash payments to the State Agency on Aging equivalent in 

value to the donated foods that would otherwise have been provided. Cash 

payments shall be made for each fiscal quarter by means of Letters of 

Credit issued by FNS through the appropriate U.S. Treasury Regional 

Disbursing Office or, where applicable, by means of U.S. Treasury 

checks, based on the best data available to FNS as to the number of 

meals to be served by nutrition programs for the elderly administered by 

each State Agency on Aging during that fiscal quarter.

    (3) In instances when it is necessary to reduce the annual level of 

assistance specified in paragraph (b)(2)(i) of this section, the level 

will be reduced in accordance with paragraph (b)(2)(ii) of this section. 

Once it has been established that the reduced per meal level will be 

sufficient to avoid any further



[[Page 484]]



adjustment, any remaining funds (up to the level of assistance specified 

in paragraph (b)(2)(i) of this section) will be disbursed so that each 

State will receive an equal amount on a per meal basis.

    (4) To be eligible for reimbursement by FNS, claims for cash payment 

for meals served by nutrition programs for the elderly shall be 

submitted by State Agencies on Aging and Indian Tribal Organizations no 

later than 90 days following the close of the Federal fiscal quarter for 

which payment is claimed.

    (5) The State Agency on Aging desiring to receive funds under this 

paragraph shall enter into a written agreement with FNS pursuant to 

Sec. 250.12(a) to:

    (i) Promptly and equitably disburse any cash it receives in lieu of 

donated foods to nutrition programs for the elderly after consideration 

of the needs of such programs and the availability of other resources, 

including any donated foods available under paragraph (b) of this 

section;

    (ii) Establish such procedures as may be necessary to ensure that 

the cash disbursements are used by nutrition programs for the elderly 

solely for the purpose of purchasing U.S. agricultural commodities and 

other foods of U.S. origin for their food service operations;

    (iii) Maintain and retain for 3 years from the close of the Federal 

fiscal year to which they pertain complete and accurate records of:

    (A) All amounts received and disbursed under paragraph (c) of this 

section and

    (B) The manner in which consideration was given to the needs and 

resources as required by paragraph (c)(5)(i) of this section; and

    (iv) Permit representatives of the Department and of the General 

Accounting Office of the United States to inspect, audit, and copy such 

records at any reasonable time.

    (6) Funds provided under paragraph (c) of this section shall be 

subject to the Department's Uniform Federal Assistance Regulations (7 

CFR part 3015).

    (d) Types of donated foods authorized for donation. Nutrition 

programs for the elderly are eligible to receive donated foods under 

section 416, section 32, section 311, section 709, and section 14.



[53 FR 20426, June 3, 1988, as amended at 62 FR 53729, Oct. 16, 1997]