[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: 7CFR251.2]



[Page 495-496]

 

                          TITLE 7--AGRICULTURE

 

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

 

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

 

Sec. 251.2  Administration.



    (a) Food and Nutrition Service. Within the United States Department 

of Agriculture (the ``Department''), the Food and Nutrition Service 

(FNS) shall have responsibility for the distribution of food commodities 

and allocation of funds under the part.

    (b) State AgenciesWithin the States, distribution to eligible 

recipient agencies and receipt of payments for storage and distribution 

shall be the responsibility of the State agency which has: (1) Been 

designated for such responsibility by the Governor or other appropriate 

State executive authority; and (2) entered into an agreement with the 

Department for such distribution and receipt in accordance with 

paragraph (c) of this section.

    (c) Agreements--(1) Agreements between Department and States. Each 

State agency that distributes donated foods to eligible recipient 

agencies or receives payments for storage and distribution costs in 

accordance with Sec. 251.8 must perform those functions pursuant to an 

agreement entered into with the Department. This agreement will be 

considered permanent, with amendments initiated by State agencies, or 

submitted by them at the Department's request, all of which will be 

subject to approval by the Department.

    (2) Agreements between State agencies and eligible recipient 

agencies, and between eligible recipient agencies. Prior to making 

donated foods or administrative funds available, State agencies must 

enter into a written agreement with eligible recipient agencies to which 

they plan to distribute donated foods and/or administrative funds. State 

agencies must ensure that eligible recipient agencies in turn enter into 

a written agreement with any eligible recipient agencies to which they 

plan to distribute donated foods and/or administrative funds before 

donated foods or administrative funds are transferred between any two 

eligible recipient agencies. All agreements entered into must contain 

the information specified in paragraph (d) of this section, and be 

considered permanent, with amendments to be made as necessary, except 

that agreements must specify that they may be terminated by either party 

upon 30 days' written notice. State agencies must ensure that eligible 

recipient agencies provide, on a timely basis, by amendment to the 

agreement, or other written documents incorporated into the agreement by 

reference if permitted under paragraph (d) of this section, any 

information on changes in program administration, including any changes 

resulting from amendments to Federal regulations or policy.

    (d) Contents of agreements between State agencies and eligible 

recipient agencies and between eligible recipient agencies. (1) 

Agreements between State agencies and eligible recipient agencies and 

between eligible recipient agencies must provide:

    (i) That eligible recipient agencies agree to operate the program in 

accordance with the requirements of this part, and, as applicable, part 

250 of this chapter; and

    (ii) The name and address of the eligible recipient agency receiving 

commodities and/or administrative funds under the agreement.

    (2) The following information must also be identified, either in the 

agreement or other written documents incorporated by reference in the 

agreement:

    (i) If the State agency delegates the responsibility for any aspect 

of the program to an eligible recipient agency, each function for which 

the eligible recipient agency will be held responsible; except that in 

no case may State agencies delegate responsibility for establishing 

eligibility criteria for organizations in accordance with Sec. 

251.5(a), establishing eligibility criteria for recipients in accordance 

with Sec. 251.5(b), or



[[Page 496]]



conducting reviews of eligible recipient agencies in accordance with 

Sec. 251.10(e);

    (ii) If the receiving eligible recipient agency is to be allowed to 

further distribute TEFAP commodities and/or administrative funds to 

other eligible recipient agencies, the specific terms and conditions for 

doing so, including, if applicable, a list of specific organizations or 

types of organizations eligible to receive commodities or administrative 

funds;

    (iii) If the use of administrative funds is restricted to certain 

types of expenses pursuant to Sec. 251.8(e)(2), the specific types of 

administrative expenses eligible recipient agencies are permitted to 

incur;

    (iv) Any other conditions set forth by the State agency.



[51 FR 12823, Apr. 16, 1986, as amended at 51 FR 17933, May 13, 1987; 59 

FR 16974, Apr. 11, 1994; 62 FR 53731, Oct. 16, 1997; 64 FR 72902, 72903, 

Dec. 29, 1999]