[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: 7CFR251.3]



[Page 496-497]

 

                          TITLE 7--AGRICULTURE

 

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

 

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

 

Sec. 251.3  Definitions.



    (a) The terms used in this part that are defined in part 250 of this 

chapter have the meanings ascribed to them therein, unless a different 

meaning for such a term is defined herein.

    (b) Charitable institution (which is defined differently in this 

part than in part 250 of this chapter) means an organization which--

    (1) Is public, or

    (2) Is private, possessing tax exempt status pursuant to Sec. 

251.5(a)(3); and

    (3) Is not a penal institution (this exclusion also applies to 

correctional institutions which conduct rehabilitation programs); and

    (4) Provides food assistance to needy persons.

    (c) Distribution site means a location where the eligible recipient 

agency actually distributes commodities to needy persons for household 

consumption or serves prepared meals to needy persons under this part.

    (d) Eligible recipient agency means an organization which--

    (1) Is public, or

    (2) Is private, possessing tax exempt status pursuant to Sec. 

251.5(a)(3); and

    (3) Is not a penal institution; and

    (4) Provides food assistance--

    (i) Exclusively to needy persons for household consumption, pursuant 

to a means test established pursuant to Sec. 251.5 (b), or

    (ii) Predominantly to needy persons in the form of prepared meals 

pursuant to Sec. 251.5(a)(2); and

    (5) Has entered into an agreement with the designated State agency 

pursuant to Sec. 251.2(c) for the receipt of commodities or 

administrative funds, or receives commodities or administrative funds 

under an agreement with another eligible recipient agency which has 

signed such an agreement with the State agency or another eligible 

recipient agency within the State pursuant to Sec. 251.2(c); and

    (6) Falls into one of the following categories:

    (i) Emergency feeding organizations (including food banks, food 

pantries and soup kitchens);

    (ii) Charitable institutions (including hospitals and retirement 

homes);

    (iii) Summer camps for children, or child nutrition programs 

providing food service;

    (iv) Nutrition projects operating under the Older Americans Act of 

1965 (Nutrition Program for the Elderly), including projects that 

operate congregate Nutrition sites and projects that provide home-

delivered meals; and

    (v) Disaster relief programs.

    (e) Emergency feeding organization means an eligible recipient 

agency which provides nutrition assistance to relieve situations of 

emergency and distress through the provision of food to needy persons, 

including low-income and unemployed persons. Emergency feeding 

organizations have priority over other eligible recipient agencies in 

the distribution of TEFAP commodities pursuant to Sec. 251.4(h).

    (f) Food bank means a public or charitable institution that 

maintains an established operation involving the provision of food or 

edible commodities, or the products of food or edible commodities, to 

food pantries, soup kitchens, hunger relief centers, or other food or 

feeding centers that, as an integral part of their normal activities, 

provide meals or food to feed needy persons on a regular basis.

    (g) Food pantry means a public or private nonprofit organization 

that distributes food to low-income and unemployed households, including 

food from



[[Page 497]]



sources other than the Department of Agriculture, to relieve situations 

of emergency and distress.

    (h) Formula means the formula used by the Department to allocate 

among States the commodities and funding available under this part. The 

amount of such commodities and funds to be provided to each State will 

be based on each State's population of low-income and unemployed 

persons, as compared to national statistics. Each State's share of 

commodities and funds shall be based 60 percent on the number of persons 

in households within the State having incomes below the poverty level 

and 40 percent on the number of unemployed persons within the State. The 

surplus commodities will be allocated to States on the basis of their 

weight (pounds), and the commodities purchased under section 214 of the 

Emergency Food Assistance Act of 1983 will be allocated on the basis of 

their value (dollars). In instances in which a State determines that it 

will not accept the full amount of its allocation of commodities 

purchased under section 214 of the Emergency Food Assistance Act of 

1983, the Department will reallocate the commodities to other States on 

the basis of the same formula used for the initial allocation.

    (i) State agency means the State government unit designated by the 

Governor or other appropriate State executive authority which has 

entered into an agreement with the United States Department of 

Agriculture under Sec. 251.2(c).

    (j) Soup kitchen means a public or charitable institution that, as 

an integral part of the normal activities of the institution, maintains 

an established feeding operation to provide food to needy homeless 

persons on a regular basis.

    (k) Value of commodities distributed means the Department's cost of 

acquiring commodities for distribution under this part.



[64 FR 72903, Dec. 29, 1999]