[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: 7CFR253.10]



[Page 540-542]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 253_ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR HOUSEHOLDS 

ON INDIAN RESERVATIONS--Table of Contents

 

Sec. 253.10  Commodity control, storage and distribution.



    (a) Control and accountability. The State agency shall be 

responsible for the issuance of commodities to households and the 

control of and accountability for the commodities upon its acceptance of 

the commodities at time and place of delivery.



[[Page 541]]



    (b) Commodity inventories. The State agency shall, in cooperation 

with the FNS Regional office, develop an appropriate procedure for 

determining and monitoring the level of commodity inventories at central 

commodity storage facilities and at each local distribution point. The 

State agency shall maintain the inventories at proper levels taking into 

consideration, among other factors, household preferences and the 

historical and projected volume of distribution at each site. The 

procedures shall provide that commodity inventories at each central 

storage facility and each local distribution point are not in excess, 

but are adequate for, an uninterrupted distribution of commodities.

    (c) Storage facilities and practices. The State agency shall as a 

minimum ensure that:

    (1) Adequate and appropriate storage facilities are maintained. The 

facilities shall be clean and neat and safe-guarded against theft, 

damage, insects, rodents and other pests.

    (2) Department recommended dunnage, stacking and ventilation methods 

are followed.

    (3) Commodities are stacked in a manner which facilitates an 

accurate inventory.

    (4) Commodities are issued on a first-in, first-out basis.

    (5) Commodities held in storage for a protracted period of time are 

reinspected prior to issuance.

    (6) Out-of-condition commodities are disposed of in accordance with 

Department approved methods.

    (7) Notification is provided to certified households of the location 

of distribution sites and days and hours of distribution.

    (8) An adequate supply of commodities which are available from the 

Department is on hand at all distribution sites.

    (9) Sufficient distribution sites, either stationary or mobile, are 

geographically located or routed in relation to population density of 

eligible households.

    (10) Days and hours of distribution are sufficient for caseload size 

and convenience.

    (11) Households are advised they may refuse any commodity not 

desired, even if the commodities are prepackaged by household size.

    (12) Emergency issuance of commodities will be made to households 

certified for expedited service in accordance with the provisions of 

Sec. 253.7(a)(9).

    (13) Eligible households or authorized representatives are 

identified prior to the issuance of commodities.

    (14) Authorized signatures are obtained for commodities issued and 

the issue date recorded.

    (15) Posters are conspicuously displayed advising program 

participants to accept only those commodities, and in such quantities, 

as will be consumed by them.

    (16) Complete and current records are kept of all commodities 

received, issued, transferred, and on hand and of any inventory 

overages, shortages, and losses.

    (17) A list of commodities offered by the Department is displayed at 

distribution sites so that households may indicate preferences for 

future orders.

    (d) Distribution. The State agency shall distribute commodities only 

to households eligible to receive them under this part. If the State 

agency uses any other agency, administration, bureau, service or similar 

organization to effect or assist in the certification of households or 

distribution of commodities, the State agency shall impose upon such 

organization responsibility for determining that households to whom 

commodities are distributed are eligible under this part. The State 

agency shall not delegate to any such organization its responsibilities 

to the Department for overall management and control of the Food 

Distribution Program.

    (e) Improper distribution or loss of or damage of commodities. State 

agencies shall take action to obtain restitution in connection with 

claims arising in their favor for improper distribution, use or loss, or 

damage of commodities in accordance with Sec. 250.13 and Sec. 250.15 

of this chapter.

    (f) Damaged or out-of-condition commodities. The State agency shall 

immediately notify the appropriate Food and Nutrition Service Regional 

Office (FNSRO) if any commodities are found to be damaged or out-of-

condition at



[[Page 542]]



the time of arrival, or at any subsequent time, whether due to latent 

defects or any other reason. FNSRO shall advise the State agency of the 

appropriate action to be taken with regard to such commodities. If the 

commodities are declared unfit for human consumption in accordance with 

Sec. 250.13(f) of this chapter, they shall be disposed of as provided 

for under that section. When out-of-condition commodities do not create 

a hazard to other food at the same location, they shall not be disposed 

of until FNSRO or the responsible commodity contractor approves. When 

circumstances require prior disposal of a commodity, the quantity and 

manner of disposition shall be reported to the appropriate FNSRO. If any 

damaged or out-of-condition commodities are inadvertently issued to a 

household and are rejected or returned by the household because the 

commodities were unsound at the time of issuance and not because the 

household failed to provide proper storage, care or handling, the State 

agency shall replace the damaged or out-of-condition commodities with 

the same or similar kind of commodities which are sound and in good 

condition. The State agency shall account for such replacements on its 

monthly inventory report.



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

0584-0071)



(44 U.S.C. 3506)



[44 FR 35928, June 19, 1979, as amended at 47 FR 746, Jan. 7, 1982. 

Redesignated by Amdt. 1, 47 FR 14137, Apr. 2, 1982, and further 

redesignated at 64 FR 73384, Dec. 30, 1999.]