[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: 7CFR250.44]



[Page 486-487]

 

                          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. 250.44  Food assistance in situations of distress.



    (a) Organizational eligibility. In situations of distress in which 

needs for food assistance cannot be met under other provisions of this 

Part, organizations (including agencies of State and Federal government) 

may be eligible to receive donated foods for congregate meal service or 

household distribution to victims of the situation of distress. 

Applications submitted 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 for the 

donation of foods for use in preparing congregate meals for a period not 

to exceed 30 days for victims of situations of distress in instances in 

which the need for such assistance meets the conditions of paragraph (a) 

of the definition of situation of distress in Sec. 250.3. Following 

approval of a request, distributing agencies shall report the 

information listed in paragraph (b)(2) of this section to the 

appropriate FNSRO within 24 hours. In instances when the distributing 

agency extends the originally approved distribution period from less 

than 30 days to the 30-day limit, it shall notify the FNSRO of such 

extensions. Distributing agencies shall request approval from FNS, via 

the appropriate FNSRO, for donations to exceed 30 days. Upon determining 

that there is a need for the donation of foods for congregate meals in 

instances other than those that meet the criteria in paragraph (a) of 

the definition of situation of distress in Sec. 250.3, the distributing 

agency shall forward applications to the appropriate FNSRO for 

submission to FNS for prior approval. FNS will determine the duration of 

such donations, taking into consideration the magnitude of the 

situation. Determinations as to the length of donations may be revised 

as developing circumstances dictate.

    (2) Applications. (i) Organizations wishing to receive donated foods 

for use in preparing meals shall submit applications to the distributing 

agency. Applications shall, to the extent possible, include the 

following information:

    (A) Description of the situation of distress;

    (B) Number of people requiring meals and congregate meal service 

period; and

    (C) Quantity and types of food needed.

    (ii) In addition, information on the number and location of sites 

providing meals shall be submitted to the distributing agency 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 

approval. FNS will determine the duration of the donations, taking into 

consideration the magnitude of the situation. Such determinations may be 

revised as developing circumstances dictate.

    (2) Applications. (i) 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 the situation of distress;



[[Page 487]]



    (B) Explanation as to why the distribution of commodities to 

households is warranted;

    (C) Identification of the specific area(s) included in the request;

    (D) Anticipated distribution period;

    (E) Number of households expected to participate;

    (F) Quantity and types of food needed for distribution;

    (G) Statement of assurance that simultaneous disaster food stamp 

benefits and commodity assistance will not be provided to individual 

households; and

    (H) Description of the system that will be implemented to prevent 

dual participation.

    (ii) In addition, information on the number and location of sites 

shall be provided to the distributing agency as such sites are 

established.

    (3) Collection of household information. In a format prescribed by 

the distributing agency, any entity (i.e., Federal, State, or local) 

distributing donated foods to households in an area where the issuance 

of disaster food stamp benefits has been approved shall, at a minimum, 

collect the information listed below. 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 eligible organizations based on 

the caseload factor information provided by the organizations.

    (e) Types of donated foods authorized for donation. Organizations 

providing food assistance in situations of distress are eligible to 

receive donated foods under section 416, section 32, section 709, and 

section 4(a).

    (f) Summary report. Within 45 days following termination of the 

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.

    (g) Replacement. Distributing agencies which decide to seek 

replacement of foods used from State and/or local inventories for 

situations of distress shall file their request in writing to the FNSRO 

within 30 days following termination of the assistance. FNS will replace 

such foods to the extent that foods are available.



[62 FR 8366, Feb. 25, 1997]