[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: 7CFR250.43]



[Page 484-486]

 

                          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 485]]



    (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 486]]



    (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]