[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: 7CFR251.10]



[Page 504-506]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 251_THE EMERGENCY FOOD ASSISTANCE PROGRAM--Table of Contents

 

Sec. 251.10  Miscellaneous provisions.



    (a) Records--(1) Commodities. State agencies, subdistributing 

agencies (as defined in Sec. 250.3 of this chapter), and eligible 

recipient agencies must maintain records to document the receipt, 

disposal, and inventory of commodities received under this part that 

they, in turn, distribute to eligible recipient agencies. Such records 

must be maintained in accordance with the requirements set forth in 

Sec. 250.16 of this chapter. Eligible recipient agencies must sign a 

receipt for program commodities which they receive under this part for 

distribution to households or for use in preparing meals, and records of 

all such receipts must be maintained.

    (2) Administrative funds. In addition to maintaining financial 

records in accordance with 7 CFR part 3016, State agencies must maintain 

records to document the amount of funds received



[[Page 505]]



under this part and paid to eligible recipient agencies for allowable 

administrative costs incurred by such eligible recipient agencies. State 

agencies must also ensure that eligible recipient agencies maintain such 

records.

    (3) Household information. Each distribution site must collect and 

maintain on record for each household receiving TEFAP commodities for 

home consumption, the name of the household member receiving 

commodities, the address of the household (to the extent practicable), 

the number of persons in the household, and the basis for determining 

that the household is eligible to receive commodities for home 

consumption.

    (4) Record retention. All records required by this section must be 

retained for a period of 3 years from the close of the Federal Fiscal 

Year to which they pertain, or longer if related to an audit or 

investigation in progress. State agencies may take physical possession 

of such records on behalf of their eligible recipient agencies. However, 

such records must be reasonably accessible at all times for use during 

management evaluation reviews, audits or investigations.

    (b) Commodities not income. In accordance with section 206 of Pub. 

L. 98-8, as amended, and notwithstanding any other provision of law, 

commodities distributed for home consumption and meals prepared from 

commodities distributed under this part shall not be considered income 

or resources for any purposes under any Federal, State, or local law.

    (c) Nondiscrimination. There shall be no discrimination in the 

distribution of foods for home consumption or availability of meals 

prepared from commodities donated under this part because of race, 

color, national origin, sex, age, or handicap.

    (d) Reports--(1) Submission of Form FNS-667. Designated State 

agencies must identify funds obligated and disbursed to cover the costs 

associated with the program at the State and local level. State and 

local costs must be identified separately. The data must be identified 

on Form FNS-667, Report of Administrative Costs (TEFAP) and submitted to 

the appropriate FNS Regional Office on a quarterly basis. The quarterly 

report must be submitted no later than 30 calendar days after the end of 

the quarter to which it pertains. The final report must be submitted no 

later than 90 calendar days after the end of the fiscal year to which it 

pertains.

    (2) Reports of excessive inventory. Each State agency must complete 

and submit to the FNS Regional Office reports to ensure that excessive 

inventories of donated foods are not maintained, in accordance with the 

requirements of Sec. 250.17(a) of this chapter.

    (e) State monitoring system. (1) Each State agency must monitor the 

operation of the program to ensure that it is being administered in 

accordance with Federal and State requirements. State agencies may not 

delegate this responsibility.

    (2) Unless specific exceptions are approved in writing by FNS, the 

State agency monitoring system must include:

    (i) An annual review of at least 25 percent of all eligible 

recipient agencies which have signed an agreement with the State agency 

pursuant to Sec. 251.2(c), provided that each such agency must be 

reviewed no less frequently than once every four years; and

    (ii) An annual review of one-tenth or 20, whichever is fewer, of all 

eligible recipient agencies which receive TEFAP commodities and/or 

administrative funds pursuant to an agreement with another eligible 

recipient agency. Reviews must be conducted, to the maximum extent 

feasible, simultaneously with actual distribution of commodities and/or 

meal service, and eligibility determinations, if applicable. State 

agencies must develop a system for selecting eligible recipient agencies 

for review that ensures deficiencies in program administration are 

detected and resolved in an effective and efficient manner.

    (3) Each review must encompass, as applicable, eligibility 

determinations, food ordering procedures, storage and warehousing 

practices, inventory controls, approval of distribution sites, reporting 

and recordkeeping requirements, and civil rights.

    (4) Upon concurrence by FNS, reviews of eligible recipient agencies



[[Page 506]]



which have been conducted by FNS Regional Office personnel may be 

incorporated into the minimum coverage required by paragraph (e)(2) of 

this section.

    (5) If deficiencies are disclosed through the review of an eligible 

recipient agency, the State agency must submit a report of the review 

findings to the eligible recipient agency and ensure that corrective 

action is taken to eliminate the deficiencies identified.

    (f) Limitation on unrelated activities. (1) Activities unrelated to 

the distribution of TEFAP foods or meal service may be conducted at 

distribution sites as long as:

    (i) The person(s) conducting the activity makes clear that the 

activity is not part of TEFAP and is not endorsed by the Department 

(impermissible activities include information not related to TEFAP 

placed in or printed on bags, boxes, or other containers in which 

commodities are distributed). Recipes or information about commodities, 

dates of future distributions, hours of operations, or other Federal, 

State, or local government programs or services for the needy may be 

distributed without a clarification that the information is not endorsed 

by the Department;

    (ii) The person(s) conducting the activity makes clear that 

cooperation is not a condition of the receipt of TEFAP commodities for 

home consumption or prepared meals containing TEFAP commodities 

(cooperation includes contributing money, signing petitions, or 

conversing with the person(s)); and

    (iii) The activity is not conducted in a manner that disrupts the 

distribution of TEFAP commodities or meal service.

    (2) Eligible recipient agencies and distribution sites shall ensure 

that activities unrelated to the distribution of TEFAP foods or meal 

service are conducted in a manner consistent with paragraph (f)(1) of 

this section.

    (3) Termination for violation. Except as provided in paragraph 

(f)(4) of this section, State agencies shall immediately terminate from 

further participation in TEFAP operations any eligible recipient agency 

that distributes or permits distribution of materials in a manner 

inconsistent with the provisions of paragraph (f)(1) of this section.

    (4) Termination exception. The State agency may withhold termination 

of an eligible recipient agency's or distribution site's TEFAP 

participation if the State agency cannot find another eligible recipient 

agency to operate the distribution in the area served by the violating 

organization. In such circumstances, the State agency shall monitor the 

violating organization to ensure that no further violations occur.

    (g) Use of volunteer workers and non-USDA commodities. In the 

operation of the Emergency Food Assistance Program, State agencies and 

eligible recipient agencies shall, to the maximum extent practicable, 

use volunteer workers and foods which have been donated by charitable 

and other types of organizations.

    (h) Maintenance of effort. The State may not reduce the expenditure 

of its own funds to provide commodities or services to organizations 

receiving funds or services under the Emergency Food Assistance Act of 

1983 below the level of such expenditure existing in the fiscal year 

when the State first began administering TEFAP, or Fiscal Year 1988, 

which is the fiscal year in which the maintenance-of-effort requirement 

became effective, whichever is later.



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

0584-0313)



[51 FR 12823, Apr. 16, 1986. Redesignated and amended at 51 FR 17934, 

May 13, 1987; 53 FR 15357, Apr. 29, 1988; 59 FR 16975, Apr. 11, 1994; 62 

FR 53731, Oct. 16, 1997; 64 FR 72907, Dec. 29, 1999]