Attachment 7 CFR Part 250

Attachment 7- 7 Part 250
ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR data is current as of November 20, 2019
Title 7 → Subtitle B → Chapter II → Subchapter B → Part 250
Title 7: Agriculture
PART 250—DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS AND
AREAS UNDER ITS JURISDICTION
Contents
Subpart A—General Purpose and Administration
§250.1
§250.2
§250.3
§250.4
§250.5

Purpose and use of donated foods.
Definitions.
Administration at the Federal level.
Administration at the State level.
Civil rights.

Subpart B—Delivery, Distribution, and Control of Donated Foods
§250.10
§250.11
§250.12
§250.13
§250.14
§250.15
§250.16
§250.17
§250.18
§250.19
§250.20
§250.21
§250.22

Availability and ordering of donated foods.
Delivery and receipt of donated food shipments.
Storage and inventory management at the distributing agency level.
Efficient and cost-effective distribution of donated foods.
Storage and inventory management at the recipient agency level.
Out-of-condition donated foods, food recalls, and complaints.
Claims and restitution for donated food losses.
Use of funds obtained incidental to donated food distribution.
Reporting requirements.
Recordkeeping requirements.
Audit requirements.
Distributing agency reviews.
Distributing agency performance standards.

Subpart C—Processing of Donated Foods
§250.30
§250.31
§250.32
§250.33
§250.34
§250.35
§250.36
§250.37
§250.38
§250.39

Processing of donated foods into end products.
Procurement requirements.
Protection of donated food value.
Ensuring processing yields of donated foods.
Substitution of donated foods.
Storage, food safety, quality control, and inventory management.
End product sales and crediting for the value of donated foods.
Reports, records, and reviews of processor performance.
Provisions of agreements.
Miscellaneous provisions.

Subpart D—Donated Foods in Contracts With Food Service Management Companies
§250.50
§250.51
§250.52
§250.53
§250.54

Contract requirements and procurement.
Crediting for, and use of, donated foods.
Storage and inventory management of donated foods.
Contract provisions.
Recordkeeping and reviews.

Subpart E—National School Lunch Program (NSLP) and Other Child Nutrition Programs
§250.56
§250.57
§250.58
§250.59
§250.60
§250.61

Provision of donated foods in NSLP.
Commodity schools.
Ordering donated foods and their provision to school food authorities.
Storage, control, and use of donated foods.
Child and Adult Care Food Program (CACFP).
Summer Food Service Program (SFSP).

Subpart F—Household Programs
§250.63
§250.64
§250.65
§250.66

Commodity Supplemental Food Program (CSFP).
The Emergency Food Assistance Program (TEFAP).
Food Distribution Program on Indian Reservations (FDPIR).
[Reserved]

Subpart G—Additional Provisions
§250.67
§250.68
§250.69
§250.70
§250.71

Charitable institutions.
Nutrition Services Incentive Program (NSIP).
Disasters.
Situations of distress.
OMB control numbers.

A
: 5 U.S.C. 301; 7 U.S.C. 612c, 612c note, 1431, 1431b, 1431e, 1431 note, 1446a-1, 1859, 2014, 2025; 15 U.S.C. 713c; 22 U.S.C.
1922; 42 U.S.C. 1751, 1755, 1758, 1760, 1761, 1762a, 1766, 3030a, 5179, 5180.

S

: 53 FR 20426, June 3, 1988, unless otherwise noted.

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Subpart A—General Purpose and Administration
S

: 81 FR 23100, Apr. 19, 2016, unless otherwise noted.

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§250.1 Purpose and use of donated foods.
(a) Purpose. The Department purchases foods and donates them to State distributing agencies for further distribution and
use in food assistance programs, or to provide assistance to eligible persons, in accordance with legislation:
(1) Authorizing donated food assistance in specific programs (e.g., the Richard B. Russell National School Lunch Act for
the National School Lunch Program (NSLP)); or
(2) Authorizing the removal of surplus foods from the market or the support of food prices (i.e., in accordance with Section
32, Section 416, and Section 709, as defined in §250.2).
(b) Use of donated foods. Donated foods must be used in accordance with the requirements of this part and with other
Federal regulations applicable to specific food assistance programs (e.g., 7 CFR part 251 includes requirements for the use of
donated foods in The Emergency Food Assistance Program (TEFAP)). Such use may include activities designed to
demonstrate or test the effective use of donated foods (e.g., in nutrition classes or cooking demonstrations) in any programs.
However, donated foods may not be:
(1) Sold or exchanged, or otherwise disposed of, unless approved by FNS, or specifically permitted elsewhere in this part
or in other Federal regulations (e.g., donated foods may be used in meals sold in NSLP);
(2) Used to require recipients to make any payments or perform any services in exchange for their receipt, unless approved
by FNS, or specifically permitted elsewhere in this part or in other Federal regulations; or
(3) Used to solicit voluntary contributions in connection with their receipt, except for donated foods provided in the Nutrition
Services Incentive Program (NSIP).
(c) Legislative sanctions. In accordance with the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) and the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note), any person who embezzles, willfully misapplies, steals,
or obtains by fraud any donated foods (or funds, assets, or property deriving from such donated foods) will be subject to
Federal criminal prosecution and other penalties. Any person who receives, conceals, or retains such donated foods or funds,
assets, or property deriving from such foods, with the knowledge that they were embezzled, willfully misapplied, stolen, or
obtained by fraud, will also be subject to Federal criminal prosecution and other penalties. The distributing agency, or other
parties, as applicable, must immediately notify FNS of any such violations.
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§250.2 Definitions.
2 CFR part 200 means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards published by OMB. The Part reference covers applicable: Acronyms and Definitions (subpart A), General Provisions
(subpart B), Post Federal Award Requirements (subpart D), Cost Principles (subpart E), and Audit Requirements (subpart F).
(NOTE: Pre-Federal Award Requirements and Contents of Federal Awards (subpart C) do not apply to the National School
Lunch Program).

ACL means the Administration for Community Living, which is the DHHS agency that administers NSIP.
Administering agency means a State agency that has been approved by the Department to administer a food assistance
program. If such agency is also responsible for the distribution of donated foods, it is referred to as the distributing agency in
this part.
Adult care institution means a nonresidential adult day care center that participates independently in CACFP, or that
participates as a sponsoring organization, and that may receive donated foods or cash-in-lieu of donated foods, in accordance
with an agreement with the distributing agency.
Backhauling means the delivery of donated foods to a processor for processing from a distributing or recipient agency's
storage facility.
Bonus foods means Section 32, Section 416, and Section 709 donated foods, as defined in this section, which are
purchased under surplus removal or price support authority, and provided to distributing agencies in addition to legislatively
authorized levels of assistance.
CACFP means the Child and Adult Care Food Program.
Carrier means a commercial enterprise that transports donated foods from one location to another, but does not store such
foods.
Charitable institutions means public institutions or private nonprofit organizations that provide a meal service on a regular
basis to predominantly eligible persons in the same place without marked changes. Some types of charitable institutions are
included in§250.67.
Child care institution means a nonresidential child care center that participates independently in CACFP, or that participates
as a sponsoring organization, in accordance with an agreement with the distributing agency.
Child nutrition program means NSLP, CACFP, SFSP, or SBP.
Commingling means the storage of donated foods together with commercially purchased foods.
Commodity offer value means the minimum value of donated foods that the distributing agency must offer to a school food
authority participating in NSLP each school year. The commodity offer value is equal to the national per-meal value of donated
food assistance multiplied by the number of reimbursable lunches served by the school food authority in the previous school
year.
Commodity school means a school that operates a nonprofit food service, in accordance with 7 CFR part 210, but that
receives additional donated food assistance rather than the cash assistance available to it under Section 4 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1753).
Consignee means an entity (e.g., the distributing or recipient agency, a commercial storage facility, or a processor) that
receives a shipment of donated foods from a vendor or Federal storage facility.
Contract value of the donated foods means the price assigned by the Department to a donated food which must reflect the
Department's current acquisition price. This may alternatively be referred to as the USDA purchase price.
CSFP means the Commodity Supplemental Food Program.
Department means the United States Department of Agriculture (USDA).
DHHS means the United States Department of Health and Human Services.
Disaster means a Presidentially declared disaster or emergency, in accordance with Section 412 or 413 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179-5180), in which Federal assistance, including donated
food assistance, may be provided to persons in need of such assistance as a result of the disaster or emergency.
Disaster organization means an organization authorized by FNS or a distributing agency, when appropriate, to provide
assistance to survivors of a disaster or a situation of distress.
Distributing agency means a State agency selected by the Governor of the State or the State legislature to distribute
donated foods in the State, in accordance with an agreement with FNS, and with the requirements in this part and other Federal
regulations, as applicable (e.g., a State agency distributing donated foods in CSFP must comply with requirements in 7 CFR
part 247). Indian Tribal Organizations may act as a distributing agency in the distribution of donated foods on, or near, Indian
reservations, as provided for in applicable Federal regulations (e.g., 7 CFR part 253 or 254 for FDPIR). A distributing agency
may also be referred to as a State distributing agency.
Distribution charge means the cumulative charge imposed by distributing agencies on school food authorities to help meet
the costs of storing and distributing donated foods, and administrative costs related to such activities.

Distributor means a commercial food purveyor or handler who is independent of a processor and charges and bills for the
handling of donated foods, and/or sells and bills for the end products delivered to recipient agencies.
Donated foods means foods purchased by USDA for donation in food assistance programs, or for donation to entities
assisting eligible persons, in accordance with legislation authorizing such purchase and donation. Donated foods are also
referred to as USDA Foods.
Elderly nutrition project means a recipient agency selected by the State Unit on Aging to receive assistance in NSIP, which
may include donated food assistance.
Eligible persons means persons in need of food assistance as a result of their:
(1) Economic status;
(2) Eligibility for a specific food assistance program; or
(3) Eligibility as survivors of a disaster or a situation of distress.
End product means a food product that contains processed donated foods.
End product data schedule means a processor's description of its processing of donated food into a finished end product,
including the processing yield of donated food.
Entitlement means the value of donated foods a distributing agency is authorized to receive in a specific program, in
accordance with program legislation.
Entitlement foods means donated foods that USDA purchases and provides in accordance with levels of assistance
mandated by program legislation.
FDPIR means the Food Distribution Program on Indian Reservations and the Food Distribution Program for Indian
Households in Oklahoma.
Federal acceptance service means the acceptance service provided by:
(1) The applicable grading branches of the Department's Agricultural Marketing Service (AMS);
(2) The Department's Federal Grain Inspection Service; and
(3) The National Marine Fisheries Service of the U.S. Department of Commerce.
Fiscal year means the period of 12 months beginning October 1 of any calendar year and ending September 30 of the
following calendar year.
FNS means the Food and Nutrition Service of the Department of Agriculture.
Food recall means an action to remove food products from commerce when there is reason to believe the products may be
unsafe, adulterated, or mislabeled. The action is taken to protect the public from products that may cause health problems or
possible death.
Food service management company means a commercial enterprise, nonprofit organization, or public institution that is, or
may be, contracted with by a recipient agency to manage any aspect of a recipient agency's food service, in accordance with 7
CFR part 210, 225, or 226, or, with respect to charitable institutions, in accordance with this part. To the extent that such
management includes the use of donated foods, the food service management company is subject to the applicable
requirements in this part. However, a school food authority participating in NSLP that performs such functions is not considered
a food service management company. Also, a commercial enterprise that uses donated foods to prepare meals at a commercial
facility, or to perform other activities that meet the definition of processing in this section, is considered a processor in this part,
and is subject to the requirements in subpart C, and not subpart D, of this part.
Household means any of the following individuals or groups of individuals, exclusive of boarders or residents of an
institution:
(1) An individual living alone;
(2) An individual living with others, but customarily purchasing food and preparing meals for home consumption separate
and apart from the others;
(3) A group of individuals living together who customarily purchase and prepare meals in common for home consumption;
and
(4) Other individuals or groups of individuals, as provided in FNS regulations specific to particular food assistance
programs.

Household programs means CSFP, FDPIR, and TEFAP.
In-kind replacement means the replacement of a loss of donated food with the same type of food of U.S. origin, of equal or
better quality as the donated food, and at least equal in value to the lost donated food.
In-State processing agreement means a distributing agency's agreement with an in-State processor to process donated
foods into finished end products for sale to eligible recipient agencies or for sale to the distributing agency.
In-State processor means a processor that has entered into agreements with distributing or recipient agencies that are
located only in the State in which all of the processor's processing facilities are located.
Multi-food shipment means a shipment from a Federal storage facility that usually includes more than one type of donated
food.
Multi-State processor means a processor that has entered into agreements with distributing or recipient agencies in more
than one State, or that has entered into one or more agreements with distributing or recipient agencies that are located in a
State other than the State in which the processor's processing facilities or business office is located.
National per-meal value means the value of donated foods provided for each reimbursable lunch served in NSLP in the
previous school year, and for each reimbursable lunch and supper served in CACFP in the previous school year, as established
in sections 6(c) and 17(h)(1)(B) of the Richard B. Russell National School Lunch Act ((42 U.S.C. 1755(c) and 1766(h)(1)(B)).
National processing agreement means an agreement between FNS and a multi-State processor to process donated foods
into end products for sale to distributing or recipient agencies.
Nonprofit organization means a private organization with tax-exempt status under the Internal Revenue Code. Nonprofit
organizations operated exclusively for religious purposes are automatically tax-exempt under the Internal Revenue Code.
Nonprofit school food service means all food service operations conducted by the school food authority principally for the
benefit of schoolchildren, all of the revenue from which is used solely for the operation or improvement of such food services.
NSIP means the Nutrition Services Incentive Program administered by the DHHS ACL.
NSLP means the National School Lunch Program.
Out-of-condition donated foods means donated foods that are no longer fit for human consumption as a result of spoilage,
contamination, infestation, adulteration, or damage.
Performance supply and surety bond means a written instrument issued by a surety company which guarantees
performance and supply of end products by a processor under the terms of a processing contract.
Processing means a commercial enterprise's use of a commercial facility to:
(1) Convert donated foods into an end product;
(2) Repackage donated foods; or
(3) Use donated foods in the preparation of meals.
Processor means a commercial enterprise that processes donated foods at a commercial facility.
Recipient agencies means agencies or organizations that receive donated foods for distribution to eligible persons or for
use in meals provided to eligible persons, in accordance with agreements with a distributing or subdistributing agency, or with
another recipient agency. Local agencies in CSFP, and Indian Tribal Organizations distributing donated foods to eligible persons
through FDPIR in a State in which the State government administers FDPIR, are considered recipient agencies in this part.
Recipients means persons receiving donated foods, or a meal containing donated foods, provided by recipient agencies.
Recipient agency processing agreement means a recipient agency's agreement with a processor to process donated foods
and to purchase the finished end products.
Reimbursable meals means meals that meet the nutritional standards established in Federal regulations pertaining to
NSLP, SFSP, or CACFP, and that are served to eligible recipients.
Replacement value means the price assigned by the Department to a donated food which must reflect the current price in
the market to ensure compensation for donated foods lost in processing or other activities. The replacement value may be
changed by the Department at any time.
SAE funds means Federal funds provided to State agencies for State administrative expenses, in accordance with 7 CFR
part 235.

SBP means the School Breakfast Program.
School food authority means the governing body responsible for the administration of one or more schools, and that has
the legal authority to operate NSLP or be otherwise approved by FNS to operate NSLP.
School year means the period of 12 months beginning July 1 of any calendar year and ending June 30 of the following
calendar year.
Section 4(a) means section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note), which
authorizes the Department to purchase donated foods to maintain the traditional level of assistance for food assistance
programs authorized by law, including, but not limited to, CSFP, FDPIR, and disaster assistance.
Section 6 means section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755), which authorizes the
Department to provide a specified value of donated food assistance in NSLP.
Section 14 means section 14 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1762a), which authorizes the
Department to use Section 32 or Section 416 funds to maintain the annually programmed levels of donated food assistance in
child nutrition programs.
Section 27 means section 27 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036), which authorizes the purchase of
donated foods for distribution in TEFAP.
Section 32 means section 32 of Public Law 74-320 (7 U.S.C. 612c), which authorizes the Department to purchase primarily
perishable foods to remove market surpluses, and to donate them for use in domestic food assistance programs or by
charitable institutions.
Section 311 means section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a), which permits State Units on Aging
to receive all or part of their NSIP grant as USDA donated foods.
Section 416 means section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), which authorizes the Department to
purchase nonperishable foods to support market prices, and to donate them for use in domestic food assistance programs or by
charitable institutions.
Section 709 means section 709 of the Food and Agricultural Act of 1965 (7 U.S.C. 1446a-1), which authorizes the
Department to purchase dairy products to meet authorized levels of assistance in domestic food assistance programs when
such assistance cannot be met by Section 416 food purchases.
Service institution means recipient agencies that participate in SFSP.
SFSP means the Summer Food Service Program.
Similar replacement means the replacement of a loss of donated food with another type of food from the same food
category (e.g., dairy, grain, meat/meat alternate, vegetable, fruit, etc.) that is of U.S. origin, of equal or better quality than that
type of donated food, and at least equal in value to the lost donated food.
Single inventory management means the commingling in storage of donated foods and foods from other sources, and the
maintenance of a single inventory record of such commingled foods.
Situation of distress means a natural catastrophe or other event that does not meet the definition of disaster in this section,
but that, in the determination of the distributing agency, or of FNS, as applicable, warrants the use of donated foods to assist
survivors of such catastrophe or other event. A situation of distress may include, for example, a hurricane, flood, snowstorm, or
explosion.
SNAP means the Supplemental Nutrition Assistance Program.
Split shipment means a shipment of donated foods from a vendor that is split between two or more distributing or recipient
agencies, and that usually includes more than one stop-off or delivery location.
State means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American
Samoa.
State Participation Agreement means a distributing agency's agreement with a multi-State processor to permit the sale of
finished end products produced under the processor's National Processing Agreement to eligible recipient agencies in the State
or to directly purchase such finished end products.
State Unit on Aging means:
(1) The State agency that has been approved by DHHS to administer NSIP; or
(2) The Indian Tribal Organization that has been approved by DHHS to administer NSIP.

Storage facility means a publicly-owned or nonprofit facility or a commercial enterprise that stores donated foods or end
products, and that may also transport such foods to another location.
Subdistributing agency means a State agency, a public agency, or a nonprofit organization selected by the distributing
agency to perform one or more activities required of the distributing agency in this part, in accordance with a written agreement
between the parties. A subdistributing agency may also be a recipient agency.
Substitution means:
(1) The replacement of donated foods with like quantities of domestically produced commercial foods of the same generic
identity and of equal or better quality.
(2) A processor can substitute commercial product for donated food, as described in paragraph (1) of this definition, without
restrictions under full substitution. The processor must return to the contracting agency, in finished end products, the same
number of pounds of donated food that the processor originally received for processing under full substitution. This is the 100percent yield requirement.
(3) A processor can substitute commercial product for donated foods, as described in paragraph (1) of this definition, with
some restrictions under limited substitution. Restrictions include, but are not limited to, the prohibition against substituting for
backhauled poultry product. FNS may also prohibit substitution of certain types of the same generic food. (For example, FNS
may decide to permit substitution for bulk chicken but not for canned chicken.)
Summer camp means a nonprofit or public camp for children aged 18 and under.
TEFAP means The Emergency Food Assistance Program.
USDA Foods means donated foods.
USDA implementing regulations mean the following: 2 CFR part 400, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards; 2 CFR part 415, General Program Administrative Regulations; 2 CFR
part 416, General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local
Governments; and 2 CFR part 418, New Restrictions on Lobbying.
Vendor means a commercial food company from which the Department purchases foods for donation.
[81 FR 23100, Apr. 19, 2016, as amended at 83 FR 18926, May 1, 2018]

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§250.3 Administration at the Federal level.
(a) Food and Nutrition Service. Within the Department, Food and Nutrition Service (FNS) must act on behalf of the
Department to administer the distribution of donated foods to distributing agencies for further distribution and use at the State
level, in accordance with the requirements of this part.
(b) Audits or inspections. The Department, the Comptroller General of the United States, or any of their authorized
representatives, may conduct audits or inspections of distributing, subdistributing, or recipient agencies, or the commercial
enterprises with which they have contracts or agreements, in order to determine compliance with the requirements of this part,
or with other applicable Federal regulations.
(c) Suspension or termination. Whenever it is determined that a distributing agency has materially failed to comply with the
provisions of this part, or with other applicable Federal regulations, FNS may suspend or terminate the distribution of donated
foods, or the provision of administrative funds, to the distributing agency. FNS must provide written notification of such
suspension or termination of assistance, including the reasons for the action and the effective date. The distributing agency may
appeal a suspension or termination of assistance if such appeal is provided for in Federal regulations applicable to a specific
food assistance program (e.g., as provided for in §253.5(l) of this chapter for FDPIR). FNS may also take other actions, as
appropriate, including prosecution under applicable Federal statutes.
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§250.4 Administration at the State level.
(a) Distributing agency. The distributing agency, as defined in §250.2, is responsible for ensuring compliance with the
requirements in this part, and in other Federal regulations referenced in this part, in the distribution and control of donated
foods. In order to receive, store, and distribute donated foods, the distributing agency must enter into a written agreement with
FNS (the Federal-State Agreement, form FNS-74) for the distribution of donated foods in accordance with the provisions of this
part and other applicable Federal regulations. The Federal-State agreement is permanent, but may be amended with the
concurrence of both parties. FNS may terminate the Federal-State agreement if the distributing agency fails to meet its
obligations, in accordance with §250.3(c). Each distributing agency must also provide adequate personnel to administer the
program in accordance with this part. The distributing agency may impose additional requirements related to the distribution

and control of donated foods in the State, as long as such requirements are not inconsistent with the requirements in this part or
other Federal regulations referenced in this part.
(b) Subdistributing agency. The distributing agency may enter into a written agreement with a subdistributing agency, as
defined in §250.2, to perform specific activities required of the distributing agency in this part. However, the distributing agency
may not assign its overall responsibility for donated food distribution and control to a subdistributing agency or to any other
organization, and may not delegate its responsibility to ensure compliance with the performance standards in §250.22. The
agreement entered into with the subdistributing agency must include the provisions in paragraph (c) of this section, and must
indicate the specific activities for which the subdistributing agency is responsible.
(c) Recipient agencies. The distributing agency must select recipient agencies, as defined in §250.2, to receive donated
foods for distribution to eligible persons, or for use in meals provided to eligible persons, in accordance with eligibility criteria for
specific programs or outlets, and must enter into a written agreement with a recipient agency prior to distribution of donated
foods to it. However, for child nutrition programs, the distributing agency must enter into agreements with those recipient
agencies selected by the State administering agency to participate in such programs, prior to distribution of donated foods to
such recipient agencies. The distributing agency must confirm such recipient agencies' approval for participation in the
appropriate child nutrition program with the State administering agency. For household programs, distributing agencies must
consider the past performance of recipient agencies when approving applications for participation. Agreements with recipient
agencies must include the provisions in this paragraph (c), as well as provisions required in Federal regulations applicable to
specific programs (e.g., agreements with local agencies in CSFP must include the provisions in §247.4(b) of this chapter). The
agreements with recipient agencies and subdistributing agencies must:
(1) Ensure compliance with the applicable requirements in this part, with other Federal regulations referenced in this part,
and with the distributing agency's written agreement with FNS;
(2) Ensure compliance with all requirements relating to food safety and food recalls;
(3) Establish the duration of the agreement. The duration of the agreement may be established as permanent, but may be
amended at the initiation of distributing agencies;
(4) Permit termination of the agreement by the distributing agency for failure of the recipient agency (or subdistributing
agency, as applicable) to comply with its provisions or applicable requirements, upon written notification to the applicable party;
and
(5) Permit termination of the agreement by either party, upon written notification to the other party, at least 60 days prior to
the effective date of termination.
(d) Procurement of services of commercial enterprises. The distributing agency, or a recipient agency, must ensure
compliance with procurement requirements in 2 CFR part 200, subpart D, and USDA implementing regulations at 2 CFR parts
400 and 416, as applicable, to obtain the services of a commercial enterprise to conduct activities relating to donated foods.
The distributing agency, or a recipient agency, must also ensure compliance with other applicable Departmental regulations in
such procurements—for example, a school food authority must ensure compliance with requirements in §§210.16 and 210.21
of this chapter, and in subpart D of this part, in procuring the services of a food service management company.
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§250.5 Civil rights.
Distributing agencies, subdistributing agencies and recipient agencies must comply with the Department's
nondiscrimination regulations (7 CFR parts 15, 15a, and 15b) and the FNS civil rights instructions to ensure that in the
operation of the program no person is discriminated against on protected bases as such bases apply to each program.
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Subpart B—Delivery, Distribution, and Control of Donated Foods
S඗ඝකඋඍ: 81 FR 23104, Apr. 19, 2016, unless otherwise noted.

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§250.10 Availability and ordering of donated foods.
(a) Ordering donated foods. The distributing agency must utilize a request-driven ordering system in submitting orders for
donated foods to FNS. As part of such system, the distributing agency must provide recipient agencies with the opportunity to
submit input, on at least an annual basis, in determining the donated foods from the full list that are made available to them for
ordering. Based on the input received, the distributing agency must ensure that the types and forms of donated foods that
recipient agencies may best utilize are made available to them for ordering. The distributing agency must also ensure that
donated foods are ordered and distributed only in amounts that may be utilized efficiently and without waste.

(b) Provision of information on donated foods. The distributing agency must provide recipient agencies, at their request,
information that will assist them in ordering or utilization of donated foods, including information provided by USDA. Information
provided to recipient agencies must include:
(1) The types and quantities of donated foods that they may order;
(2) Donated food specifications and nutritional value; and
(3) Procedures for the disposition of donated foods that are out-of-condition or that are subject to a food recall.
(c) Normal food expenditures. Section 416 donated foods must not be distributed to any recipient agencies or recipients
whose normal food expenditures are reduced because of the receipt of donated foods.
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§250.11 Delivery and receipt of donated food shipments.
(a) Delivery. The Department arranges for delivery of donated foods from the vendor or Federal storage facility to the
distributing agency's storage facility, or to a processor with which the distributing agency has entered into a contract or
agreement. The Department may also deliver donated foods directly to a recipient agency, or to a storage facility or processor
with which the recipient agency has entered into a contract or agreement, with the approval of the distributing agency. The
Department will make every reasonable effort to arrange deliveries of donated foods based on information obtained from
distributing agencies, to the extent feasible. In accordance with §250.2, an entity that receives a shipment of donated foods
directly from a USDA vendor or a Federal storage facility is referred to as the consignee. Consignees must provide a delivery
address, and other information as required by FNS, as well as update this information as necessary, to ensure foods are
delivered to the correct location.
(b) Receipt of shipments. The distributing or recipient agency, or other consignee, must comply with all applicable Federal
requirements in receiving shipments of donated foods, including procedures for the disposition of any donated foods in a
shipment that are out-of-condition (as this term is defined in §250.2), or are not in accordance with ordered amounts. The
distributing or recipient agency, or other consignee, must provide notification of the receipt of donated food shipments to FNS,
through electronic means, and must maintain an electronic record of receipt of all donated food shipments.
(c) Replacement of donated foods. The vendor is responsible for the replacement of donated foods that are delivered outof-condition. Such responsibility extends until expiration of the vendor warranty period included in the vendor contract with
USDA. In all cases, responsibility for replacement is contingent on the determination that the foods were out-of-condition at the
time of delivery. Replacement must be in-kind, unless FNS approves similar replacement (the terms in-kind and similar
replacement are defined in §250.2). If FNS determines that physical replacement of donated foods is not cost-effective or
efficient, FNS may:
(1) Approve payment by the vendor to the distributing or recipient agency, as appropriate, for the value of the donated
foods at time of delivery (or at another value determined by FNS); or
(2) Credit the distributing agency's entitlement, as feasible.
(d) Payment of costs relating to shipments. The Department is responsible for payment of processing, transportation,
handling, or other costs incurred up to the time of delivery of donated foods to a distributing or recipient agency, or other
consignee, as the Department deems in its best interest. However, the distributing or recipient agency, or other consignee, is
responsible for payment of any delivery charges that accrue as a result of such consignee's failure to comply with procedures in
FNS instructions—e.g., failure to provide for the unloading of a shipment of donated foods within a designated time period.
(e) Transfer of title. In general, title to donated foods transfers to the distributing agency or recipient agency, as appropriate,
upon acceptance of the donated foods at the time and place of delivery. Title to donated foods provided to a multi-State
processor, in accordance with its National Processing Agreement, transfers to the distributing agency or recipient agency, as
appropriate, upon acceptance of the finished end products at the time and place of delivery. However, when a recipient agency
has contracted with a distributor to act as an authorized agent, title to finished end products containing donated foods transfers
to the recipient agency upon delivery and acceptance by the contracted distributor. Notwithstanding transfer of title, distributing
and recipient agencies must ensure compliance with the requirements of this part in the distribution, control, and use of donated
foods.
[81 FR 23100, Apr. 19, 2016, as amended at 83 FR 18927, May 1, 2018]

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§250.12 Storage and inventory management at the distributing agency level.
(a) Safe storage and control. The distributing agency or subdistributing agency (which may include commercial storage
facilities under contract with either the distributing agency or subdistributing agency, as applicable), must provide facilities for
the storage and control of donated foods that protect against theft, spoilage, damage, or other loss. Accordingly, such storage
facilities must maintain donated foods in sanitary conditions, at the proper temperature and humidity, and with adequate air

circulation. The distributing agency must ensure that storage facilities comply with all Federal, State, or local requirements
relative to food safety and health and procedures for responding to a food recall, as applicable, and obtain all required health
inspections.
(b) Inventory management. The distributing agency must ensure that donated foods at all storage facilities used by the
distributing agency (or by a subdistributing agency) are stored in a manner that permits them to be distinguished from other
foods, and must ensure that a separate inventory record of donated foods is maintained. The distributing agency's system of
inventory management must ensure that donated foods are distributed in a timely manner and in optimal condition. On an
annual basis, the distributing agency must conduct a physical review of donated food inventories at all storage facilities used by
the distributing agency (or by a subdistributing agency), and must reconcile physical and book inventories of donated foods.
The distributing agency must report donated food losses to FNS, and ensure that restitution is made for such losses.
(c) Inventory limitations. The distributing agency is subject to the following limitations in the amount of donated food
inventories on-hand, unless FNS approval is obtained to maintain larger inventories:
(1) For TEFAP, NSLP and other child nutrition programs, inventories of each category of donated food may not exceed an
amount needed for a six-month period, based on an average amount of donated foods utilized in that period; and
(2) For CSFP and FDPIR, inventories of each category of donated food in the food package may not exceed an amount
needed for a three-month period, based on an average amount of donated food that the distributing agency can reasonably
utilize in that period to meet CSFP caseload or FDPIR average participation.
(d) Inventory protection. The distributing agency must obtain insurance to protect the value of donated foods at its storage
facilities. The amount of such insurance must be at least equal to the average monthly value of donated food inventories at
such facilities in the previous fiscal year. The distributing agency must also ensure that the following entities obtain insurance to
protect the value of their donated food inventories, in the same amount required of the distributing agency in this paragraph (d):
(1) Subdistributing agencies;
(2) Recipient agencies in household programs that have an agreement with the distributing agency or subdistributing
agency to store and distribute foods (except those recipient agencies which maintain inventories with a value of donated foods
that do not exceed a defined threshold, as determined in FNS policy); and
(3) Commercial storage facilities under contract with the distributing agency or with an agency identified in paragraph (d)(1)
or (2) of this section.
(e) Transfer of donated foods. The distributing agency may transfer donated foods from its inventories to another
distributing agency, or to another program, in order to ensure that such foods may be utilized in a timely manner and in optimal
condition, in accordance with this part. However, the distributing agency must request FNS approval. FNS may also require a
distributing agency to transfer donated foods at the distributing agency's storage facilities or at a processor's facility, if
inventories of donated foods are excessive or may not be efficiently utilized. If there is a question of food safety, or if directed by
FNS, the distributing agency must obtain an inspection of donated foods by State or local health authorities, as necessary, to
ensure that the donated foods are still safe and not out-of-condition before transferring them. The distributing agency is
responsible for meeting any transportation or inspection costs incurred, unless it is determined by FNS that the transfer is not
the result of negligence or improper action on the part of the distributing agency. The distributing agency must maintain a record
of all transfers from its inventories, and of any inspections related to such transfers.
(f) Commercial storage facilities or carriers. The distributing agency may obtain the services of a commercial storage facility
to store and distribute donated foods, or a carrier to transport donated foods, but must do so in compliance with procurement
requirements in 2 CFR part 200, subpart D, and USDA implementing regulations at 2 CFR parts 400 and 416. The distributing
agency must enter into a written contract with a commercial storage facility or carrier, which may not exceed five years in
duration, including any extensions or renewals. The contract must include applicable provisions required by Federal statutes
and executive orders listed in 2 CFR part 200, appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards, and USDA implementing regulations at 2 CFR parts 400 and 416. The contract must also include, as applicable to a
storage facility or carrier, provisions that:
(1) Assure storage, management, and transportation of donated foods in a manner that properly safeguards them against
theft, spoilage, damage, or other loss, in accordance with the requirements in this part;
(2) Assure compliance with all Federal, State, or local requirements relative to food safety and health, including required
health inspections, and procedures for responding to a food recall;
(3) Assure storage of donated foods in a manner that distinguishes them from other foods, and assure separate inventory
recordkeeping of donated foods;
(4) Assure distribution of donated foods to eligible recipient agencies in a timely manner, in optimal condition, and in
amounts for which such recipient agencies are eligible;
(5) Include the amount of insurance coverage obtained to protect the value of donated foods;

(6) Permit the performance of on-site reviews of the storage facility by the distributing agency, the Comptroller General, the
Department of Agriculture, or any of its duly authorized representatives, in order to determine compliance with requirements in
this part;
(7) Establish the duration of the contract, and provide for extension or renewal of the contract only upon fulfillment of all
contract provisions;
(8) Provide for expeditious termination of the contract by the distributing agency for noncompliance with its provisions; and
(9) Provide for termination of the contract by either party for other cause, after written notification of such intent at least 60
days prior to the effective date of such action.
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§250.13 Efficient and cost-effective distribution of donated foods.
(a) Direct shipments. The distributing agency must ensure that the distribution of donated foods is conducted in the most
efficient and cost-effective manner, and, to the extent practical, in accordance with the specific needs and preferences of
recipient agencies. In meeting this requirement, the distributing agency must, to the extent practical, provide for:
(1) Shipments of donated foods directly from USDA vendors to recipient agencies, including two or more recipient agencies
acting as a collective unit (such as a school co-op), or to the commercial storage facilities of such agencies;
(2) Shipments of donated foods directly from USDA vendors to processors for processing of donated foods and sale of end
products to recipient agencies, in accordance with subpart C of this part; and
(3) The use of split shipments, as defined in §250.2, in arranging for delivery of donated foods to recipient agencies that
cannot accept a full truckload.
(b) Distributing agency storage and distribution charge. (1) If a distributing agency determines that direct shipments of
donated foods, as described in paragraph (a) of this section, are impractical, it must provide for the storage of donated foods at
the distributing agency level, and subsequent distribution to recipient agencies, in the most efficient and cost-effective manner
possible. The distributing agency must use a commercial storage facility, in accordance with §250.12(f), if the use of such
system is determined to be more efficient and cost-effective than other available methods.
(2) The distributing agency must utilize State Administrative Expense (SAE) funds in child nutrition programs, as available,
to meet the costs of storing and distributing donated foods for school food authorities or other recipient agencies in child
nutrition programs, and administrative costs related to such activities, in accordance with 7 CFR part 235. If SAE funds, or any
other Federal or State funds received for such purpose, are insufficient to fully meet the distributing agency's costs of storing
and distributing donated foods, and related administrative costs (e.g., salaries of employees engaged in such activities), the
distributing agency may require school food authorities or other recipient agencies in child nutrition programs to pay a
distribution charge, as defined in §250.2, to help meet such costs. The distribution charge may cover only allowable costs, in
accordance with 2 CFR part 200, subpart E, and USDA implementing regulations at 2 CFR part 400. The distributing agency
must maintain a record of costs incurred in storing and distributing donated foods and related administrative costs, and the
source of funds used to pay such costs.
(c) FNS approval of amount of State distributing agency distribution charge to school food authorities and other recipient
agencies in child nutrition programs. In determining the amount of a new distribution charge, or in increasing the amount
(except for normal inflationary adjustments) or reducing the level of service provided once a distribution charge is established,
the distributing agency must request FNS approval prior to implementation. Such requirement also applies to the distribution
charge imposed by a commercial storage facility under contract with the distributing agency. The request for approval must be
submitted to FNS at least 90 days in advance of its projected implementation, and must include justification of the newly
established amount, or any increased charge or reduction in the level of service provided under an established distribution
charge, and the specific costs covered under the distribution charge (e.g., storage, delivery, or administrative costs).
(d) FNS review authority. FNS may reject the distributing agency's proposed new, or changes to an existing, distribution
charge for school food authorities and other recipient agencies in child nutrition programs if FNS determines that the charge
would not provide for distribution of donated foods in the most efficient and cost-effective manner, or may otherwise impact
recipient agencies negatively. In such case, the distributing agency would be required to adjust the proposed amount or the
level of service provided in its distribution charge, or consider other distribution options. FNS may also require the distributing
agency to submit documentation to justify the efficiency and cost-effectiveness of its storage and distribution system at other
times, and may require the distributing agency to re-evaluate such system in order to ensure compliance with the requirements
in this part.
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§250.14 Storage and inventory management at the recipient agency level.
(a) Safe storage and control. Recipient agencies must provide facilities for the storage and control of donated foods that
protect against theft, spoilage, damage, or other loss. Accordingly, such storage facilities must maintain donated foods in

sanitary conditions, at the proper temperature and humidity, and with adequate air circulation. Recipient agencies must ensure
that storage facilities comply with all Federal, State, or local requirements relative to food safety and health and procedures for
responding to a food recall, as applicable, and obtain all required health inspections.
(b) Inventory management—household programs. Recipient agencies in household programs must store donated foods in
a manner that permits them to be distinguished from other foods in storage, and must maintain a separate inventory record of
donated foods. Such recipient agencies' system of inventory management must ensure that donated foods are distributed to
recipients in a timely manner that permits use of such foods while still in optimal condition. Such recipient agencies must notify
the distributing agency of donated food losses and take further actions with respect to such food losses, as directed by the
distributing agency.
(c) Inventory management—child nutrition programs and charitable institutions. Recipient agencies in child nutrition
programs, and those receiving donated foods as charitable institutions, in accordance with §250.67, are not required to store
donated foods in a manner that distinguishes them from purchased foods or other foods, or to maintain a separate inventory
record of donated foods—i.e., they may utilize single inventory management, as defined in §250.2. For such recipient agencies,
donated foods are subject to the same safeguards and effective management practices as other foods. Accordingly, recipient
agencies in child nutrition programs and those receiving donated foods as charitable institutions (regardless of the inventory
management system utilized), are not required to separately monitor and report donated food use, distribution, or loss to the
distributing agency, unless there is evidence indicating that donated food loss has occurred as a result of theft or fraud.
(d) Transfer of donated foods to another recipient agency. A recipient agency operating a household program must request
approval from the distributing agency to transfer donated foods at its storage facilities to another recipient agency. The
distributing agency may approve such transfer to another recipient agency in the same household program (e.g., the transfer of
TEFAP foods from one food pantry to another) without FNS approval. However, the distributing agency must receive FNS
approval to permit a recipient agency in a household program to transfer donated foods to a recipient agency in a different
program (e.g., the transfer of TEFAP foods from a food pantry to a CSFP local agency), even if the same recipient agency
administers both programs. A recipient agency operating a child nutrition program, or receiving donated foods as a charitable
institution, in accordance with §250.67, may transfer donated foods to another recipient agency or charitable organization
without approval from the distributing agency or FNS. However, the recipient agency must still maintain records of donated food
inventories.
(e) Commercial storage facilities. Recipient agencies may obtain the services of commercial storage facilities to store and
distribute donated foods, but must do so in compliance with procurement requirements in 2 CFR part 200, subpart D, and
USDA implementing regulations at 2 CFR parts 400 and 416, as applicable. Recipient agencies must ensure that commercial
storage facilities comply with all of the applicable requirements in this section regarding the storage and inventory management
of donated foods.
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§250.15 Out-of-condition donated foods, food recalls, and complaints.
(a) Out-of-condition donated foods at the distributing agency level. The distributing agency must ensure that donated foods
that are out-of-condition, as defined in §250.2, at any of its storage facilities are removed, destroyed, or otherwise disposed of,
in accordance with FNS instruction and State or local requirements pertaining to food safety and health. The distributing agency
must obtain an inspection of donated foods by State or local health authorities to determine their safety and condition, as
necessary, or as directed by FNS. Out-of-condition donated foods may be sold (e.g., to a salvage company), if permitted by
FNS and State or local laws or regulations.
(b) Out-of-condition donated foods at the recipient agency level. Recipient agencies in household programs must report
out-of-condition donated foods at their storage facilities to the distributing agency, in accordance with §250.14(b), and must
ensure that such donated foods are removed, destroyed, or otherwise disposed of, in accordance with FNS instruction and
State or local requirements pertaining to food safety and health. The distributing agency must ensure that such recipient
agencies obtain an inspection of donated foods by State or local health authorities to determine their safety and condition, as
necessary, or as directed by FNS. For charitable institutions, in accordance with §250.67, and recipient agencies in child
nutrition programs, donated foods must be treated as other foods when safety is in question. Consequently, such recipient
agencies must comply with State or local requirements in determining the safety of foods (including donated foods), and in their
destruction or other disposition. However, they are not required to report such actions to the distributing agency.
(c) Food recalls. The distributing or recipient agency, as appropriate, must follow all applicable Federal, State or local
requirements for donated foods subject to a food recall, as this term is defined in §250.2. Further, in the event of a recall,
Departmental guidance is provided, including procedures or instructions for all parties in responding to a food recall,
replacement of recalled donated foods, and reimbursement of specific costs incurred as a result of such actions.
(d) Complaints relating to donated foods. The distributing agency must inform recipient agencies of the preferred method of
receiving complaints regarding donated foods. Complaints received from recipients, recipient agencies, or other entities relating
to donated foods must be resolved in an expeditious manner, and in accordance with applicable requirements in this part.
However, the distributing agency may not dispose of any donated food that is the subject of a complaint prior to guidance and
authorization from FNS. Any complaints regarding product quality or specifications, or suggested product improvements, must
be submitted to FNS through the established FNS donated foods complaint system for tracking purposes. If complaints may not

be resolved at the State level, the distributing agency must provide information regarding the complaint to FNS. The distributing
agency must maintain a record of its investigations and other actions with respect to complaints relating to donated foods.
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§250.16 Claims and restitution for donated food losses.
(a) Distributing agency responsibilities. The distributing agency must ensure that restitution is made for the loss of donated
foods, or for the loss or improper use of funds provided for, or obtained as an incident of, the distribution of donated foods. The
distributing agency must identify, and seek restitution from, parties responsible for the loss, and implement corrective actions to
prevent future losses.
(b) FNS claim actions. FNS may initiate and pursue claims against the distributing agency or other entities for the loss of
donated foods, or for the loss or improper use of funds provided for, or obtained as an incident of, the distribution of donated
foods. FNS may also initiate and pursue claims against the distributing agency for failure to take required claim actions against
other parties. FNS may, on behalf of the Department, compromise, forgive, suspend, or waive a claim. FNS may, at its option,
require assignment to it of any claim arising from the distribution of donated foods.
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§250.17 Use of funds obtained incidental to donated food distribution.
(a) Distribution charge. The distributing agency must use funds obtained from the distribution charge imposed on recipient
agencies in child nutrition programs, in accordance with §250.13(b), to meet the costs of storing and distributing donated foods
or related administrative costs, consistent with the limitations on the use of funds provided under a Federal grant in 2 CFR part
200, subparts D and E, and USDA implementing regulations at 2 CFR parts 400 and 416. The distributing agency must
maintain such funds in an operating account, separate from other funds obtained incidental to donated food distribution. The
amount of funds maintained at any time in the operating account may not exceed the distributing agency's highest expenditure
from that account over any three-month period in the previous school or fiscal year, unless the distributing agency receives FNS
approval to maintain a larger amount of funds in such account. Unless such approval is granted, funds in excess of the
established limit must be used to reduce the distribution charge imposed on recipient agencies, or to provide appropriate
reimbursement to such agencies. The distributing agency may not use funds obtained from the distribution charge to purchase
foods to replace donated food losses or to pay claims to make restitution for donated food losses.
(b) Processing and food service management company contracts. School food authorities must use funds obtained from
processors in processing of donated foods into end products (e.g., through rebates for the value of such donated foods), or
from food service management companies in crediting for the value of donated foods received, in support of the nonprofit
school food service, in accordance with §210.14 of this chapter. Other recipient agencies must use such funds in accordance
with the requirements in paragraph (c) of this section.
(c) Claims and other sources. The distributing agency must ensure that funds collected in payment of claims for donated
food losses are used only for the payment of expenses of the food distribution program. The first priority for the use of funds
collected in a claim for the loss of donated foods is the purchase of replacement foods for use in the program in which the loss
occurred. If the purchase of replacement foods is not feasible, funds collected in a claim for the loss of donated foods must be
used to pay allowable administrative costs incurred in the storage and distribution of donated foods. The distributing agency, or
recipient agency, must use funds obtained from sources incidental to donated food distribution (except as otherwise indicated in
this section) to pay administrative costs incurred in the storage and distribution of donated foods, consistent with the limitations
on the use of funds provided under a Federal grant in 2 CFR part 200, subparts D and E, and USDA implementing regulations
at 2 CFR parts 400 and 416. The distributing agency must maintain funds obtained from claims and other sources included in
this paragraph (c) in a donated food account (separate from the operating account maintained in accordance with paragraph (a)
of this section), and must obtain FNS prior approval for any single deposit into, or expenditure from, such account in excess of
$25,000. Distributing and recipient agencies must maintain records of funds obtained and expended in accordance with this
paragraph (c). Examples of funds applicable to the provisions in this paragraph (c) include funds accrued from:
(1) The salvage of out-of-condition donated foods.
(2) The sale of donated food containers, pallets, or packing materials.
(3) Payments by processors for failure to meet processing yields or other cause.
(d) Prohibitions. The distributing agency may not use funds obtained incidental to donated food distribution to meet State
matching requirements for Federal administrative funds provided in household programs, or in place of State Administrative
Expense (SAE) funds provided in accordance with 7 CFR part 235.
(e) Buy American. When funds obtained in accordance with this section are used to purchase foods in the commercial
market, a distributing or recipient agency in the continental United States, and in Hawaii, must, to the maximum extent practical,
purchase only domestic foods or food products. Such requirement is also applicable to food purchases made with the cash-inlieu-of-donated foods provided in NSLP and CACFP, in accordance with §§250.56(e) and 250.61(c). For the purposes of this
section, domestic foods or food products are:

(1) Agricultural commodities that are produced in the United States; or
(2) Food products that are processed in the United States substantially using agricultural commodities that are produced in
the United States.
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§250.18 Reporting requirements.
(a) Inventory and distribution of donated foods. The distributing agency must submit to FNS reports relating to the inventory
and distribution of donated foods in this paragraph (a) or in other regulations applicable to specific programs. Such reports must
be submitted in accordance with the timeframes established for each respective form. For donated foods received in FDPIR,
the distributing agency must submit form FNS-152, Monthly Distribution of Donated Foods to Family Units. For donated foods
received in TEFAP, NSLP, or other child nutrition programs, the distributing agency must submit form FNS-155, the Inventory
Management Register.
(b) Processor performance. Processors must submit performance reports and other supporting documentation, as required
by the distributing agency or by FNS, in accordance with §250.37(a), to ensure compliance with requirements in this part.
(c) Disasters and situations of distress. The distributing agency must submit to FNS a report of the types and amounts of
donated foods used from distributing or recipient agency storage facilities in disasters and situations of distress, and a request
for replacement of such foods, using electronic form FNS-292A, Report of Commodity Distribution for Disaster Relief, in
accordance with §§250.69 and 250.70. The report must be submitted within 45 days of the termination of such assistance.
(d) Other information. The distributing agency must submit other information, as requested by FNS, in order to ensure
compliance with requirements in this part. For example, FNS may require the distributing agency to submit information with
respect to its assessment of the distribution charge, or to justify the efficiency and cost-effectiveness of its distribution system, in
accordance with §250.13(c) and (d).
[81 FR 23100, Apr. 19, 2016, as amended at 83 FR 18927, May 1, 2018]

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§250.19 Recordkeeping requirements.
(a) Required records. Distributing agencies, recipient agencies, processors, and other entities must maintain records of
agreements and contracts, reports, audits, and claim actions, funds obtained as an incident of donated food distribution, and
other records specifically required in this part or in other Departmental regulations, as applicable. In addition, distributing
agencies must keep a record of the value of donated foods each of its school food authorities receives, in accordance with
§250.58(e), and records to demonstrate compliance with the professional standards for distributing agency directors
established in §235.11(g) of this chapter. Processors must also maintain records documenting the sale of end products to
recipient agencies, including the sale of such end products by distributors, and must submit monthly performance reports, in
accordance with subpart C of this part and with any other recordkeeping requirements included in their agreements. Specific
recordkeeping requirements relating to the use of donated foods in contracts with food service management companies are
included in §250.54. Failure of the distributing agency, recipient agency, processor, or other entity to comply with recordkeeping
requirements must be considered prima facie evidence of improper distribution or loss of donated foods and may result in a
claim against such party for the loss or misuse of donated foods, in accordance with §250.16, or in other sanctions or corrective
actions.
(b) Retention of records. Records relating to requirements for donated foods must be retained for a period of three years
from the close of the fiscal or school year to which they pertain. However, records pertaining to claims or audits that remain
unresolved in this period of time must be retained until such actions have been resolved.
[81 FR 23100, Apr. 19, 2016, as amended at 83 FR 18927, May 1, 2018]

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§250.20 Audit requirements.
(a) Requirements for distributing and recipient agencies. Audit requirements for State or local government agencies and
nonprofit organizations that receive Federal awards or grants (including distributing and recipient agencies under this part) are
included in 2 CFR part 200, subpart F and appendix XI, Compliance Supplement, and USDA implementing regulations at 2
CFR part 400. In accordance with such regulations, the value of Federal grants or awards expended in a fiscal year determine if
the distributing or recipient agency is required to obtain an audit in that year. The value of donated foods must be considered as
part of the Federal grants or awards in determining if an audit is required. FNS provides guidance for distributing and recipient
agencies in valuing donated foods for audit purposes, and in determining whether an audit must be obtained.
(b) Requirements for processors. In-State processors must obtain an independent certified public accountant (CPA) audit in
the first year that they receive donated foods for processing, while multi-State processors must obtain such an audit in each of
the first two years that they receive donated foods for processing. After this initial requirement period, in-State and multi-State

processors must obtain an independent CPA audit at a frequency determined by the average value of donated foods received
for processing per year, as indicated in this paragraph (b). The value of donated foods used in determining if an audit is
required must be the contract value of the donated foods, as defined in §250.2. The audit must determine that the processor's
performance is in compliance with the requirements in this part, and must be conducted in accordance with procedures in the
FNS Audit Guide for Processors. All processors must pay for audits required in this paragraph (b). An in-State or multi-State
processor must obtain an audit:
(1) Annually, if it receives, on average, more than $5,000,000 in donated foods for processing per year;
(2) Every two years, if it receives, on average, between $1,000,000 and $5,000,000 in donated foods for processing per
year; or
(3) Every three years, if it receives, on average, less than $1,000,000 in donated foods for processing per year.
(c) Post-audit actions required of processors. In-State processors must submit a copy of the audit to the distributing agency
for review by December 31st of each year in which an audit is required. The distributing agency must ensure that in-State
processors provide a corrective action plan with timelines for correcting deficiencies identified in the audit, and must ensure that
such deficiencies are corrected. Multi-State processors must submit a copy of the audit, and a corrective action plan with
timelines for correcting deficiencies identified in the audit, as appropriate, to FNS for review by December 31st of each year in
which an audit is required. FNS may conduct an audit or investigation of a processor to ensure correction of deficiencies, in
accordance with §250.3(b).
(d) Failure to meet audit requirements. If a distributing agency or recipient agency fails to obtain the required audit, or fails
to correct deficiencies identified in the audit, FNS may withhold, suspend, or terminate the Federal award. If an in-State
processor fails to obtain the required audit, or fails to correct deficiencies identified in the audit, a distributing or recipient agency
may terminate the processing agreement, and may not extend or renew such an agreement. Additionally, FNS may prohibit the
further distribution of donated foods to such processor. If a multi-State processor fails to obtain a required audit, or fails to
correct deficiencies identified in the audit, FNS may terminate the processing agreement. Additionally, FNS may prohibit the
further distribution of donated foods to such processor.
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§250.21 Distributing agency reviews.
(a) Scope of review requirements. The distributing agency must ensure that subdistributing agencies, recipient agencies,
and other entities comply with applicable requirements in this part, and in other Federal regulations, through the on-site reviews
required in paragraph (b) of this section, and the review of required reports or audits. However, the distributing agency is not
responsible for the review of school food authorities and other recipient agencies in child nutrition programs. The State
administering agency is responsible for the review of such recipient agencies, in accordance with review requirements of part
210 of this chapter.
(b) On-site reviews. The distributing agency must conduct an on-site review of:
(1) Charitable institutions, whenever the distributing agency identifies actual or probable deficiencies in the use of donated
foods by such institutions, through audits, investigations, complaints, or any other information;
(2) Storage facilities at the distributing agency level (including commercial storage facilities under contract with the
distributing or subdistributing agency), on an annual basis; and
(3) Subdistributing and recipient agencies in CSFP, TEFAP, and FDPIR, in accordance with 7 CFR parts 247, 251, and 253,
respectively.
(c) Identification and correction of deficiencies. The distributing agency must inform each subdistributing agency, recipient
agency, or other entity of any deficiencies identified in its reviews, and recommend specific actions to correct such deficiencies.
The distributing agency must ensure that such agencies or entities implement corrective actions to correct deficiencies in a
timely manner.
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§250.22 Distributing agency performance standards.
(a) Performance standards. The distributing agency must meet the basic performance standards included in this paragraph
(a) in the ordering, distribution, processing, if applicable, and control of donated foods. Some of the performance standards
apply only to distributing agencies that distribute donated foods in NSLP or other child nutrition programs, as indicated.
However, the identification of specific performance standards does not diminish the responsibility of the distributing agency to
meet other requirements in this part. In meeting basic performance standards, the distributing agency must:
(1) Provide recipient agencies with information on donated food availability, assistance levels, values, product
specifications, and processing options, as requested;

(2) Implement a request-driven ordering system, in accordance with §250.10(a), and, for child nutrition programs,
§250.58(a);
(3) Offer school food authorities in NSLP, at a minimum, the commodity offer value of donated foods, in accordance with
§250.58;
(4) Provide for the storage, distribution, and control of donated foods in accordance with all Federal, State, or local
requirements relating to food safety and health;
(5) Provide for the distribution of donated foods in the most efficient and cost-effective manner, including, to the extent
practical, direct shipments from vendors to recipient agencies or processors, and the use of split shipments;
(6) Use SAE funds, or other Federal or State funds, as available, in paying State storage and distribution costs for child
nutrition programs, and impose a distribution charge on recipient agencies in child nutrition programs only to the extent that
such funds are insufficient to meet applicable costs;
(7) Provide for the processing of donated foods, at the request of school food authorities, in accordance with subpart C of
this part, including the testing of end products with school food authorities, and the solicitation of acceptability input, when
procuring end products on behalf of school food authorities or otherwise limiting the procurement of end products; and
(8) Provide recipient agencies information regarding the preferred method for submission of donated foods complaints to
the distributing agency and act expeditiously to resolve submitted complaints.
(b) Corrective action plan. The distributing agency must submit a corrective action plan to FNS whenever it is found to be
substantially out of compliance with the performance standards in paragraph (a) of this section, or with other requirements in
this part. The plan must identify the corrective actions to be taken, and the timeframe for completion of such actions. The plan
must be submitted to FNS within 60 days after the distributing agency receives notification from FNS of a deficiency.
(c) Termination or suspension. FNS may terminate or suspend all, or part, of the distributing agency's participation in the
distribution of donated foods, or in a food distribution program, for failure to comply with requirements in this part, with other
applicable Federal regulations, or with its written agreement with FNS. FNS may also take other actions, as appropriate,
including prosecution under applicable Federal statutes.
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Subpart C—Processing of Donated Foods
S඗ඝකඋඍ: 83 FR 18927, May 1, 2018, unless otherwise noted.

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§250.30 Processing of donated foods into end products.
(a) Purpose of processing donated foods. Donated foods are most commonly provided to processors to process into
approved end products for use in school lunch programs or other food services provided by recipient agencies. The ability to
divert donated foods for processing provides recipient agencies with more options for using donated foods in their programs.
For example, donated foods such as whole chickens or chicken parts may be processed into precooked grilled chicken strips
for use in the National School Lunch Program. In some cases, donated foods are provided to processors to prepare meals or
for repackaging. Use of a commercial facility to repackage donated foods, or to use donated foods in the preparation of meals,
is considered processing in this part.
(b) Agreement requirement. The processing of donated foods must be performed in accordance with an agreement
between the processor and FNS, between the processor and the distributing agency, or, if allowed by the distributing agency,
between the processor and a recipient agency or subdistributing agency. However, a processing agreement will not obligate
any party to provide donated foods to a processor for processing. The agreements described below are required in addition to,
not in lieu of, competitively procured contracts required in accordance with §250.31. The processing agreement must be signed
by an authorized individual for the processor. The different types of processing agreements are described in this section.
(c) National Processing Agreement. A multi-State processor must enter into a National Processing Agreement with FNS in
order to process donated foods into end products in accordance with end product data schedules approved by FNS. FNS also
holds and manages such processor's performance bond or letter of credit under its National Processing Agreement, in
accordance with §250.32. FNS does not itself procure or purchase end products under a National Processing Agreement. A
multi-State processor must also enter into a State Participation Agreement with the distributing agency in order to sell nationally
approved end products in the State, in accordance with paragraph (d) of this section.
(d) State Participation Agreement. The distributing agency must enter into a State Participation Agreement with a multiState processor to permit the sale of end products produced under the processor's National Processing Agreement to eligible
recipient agencies in the State or to directly purchase such end products. The distributing agency may include other Statespecific processing requirements in its State Participation Agreement, such as the methods of end product sales permitted, in
accordance with §250.36, or the use of labels attesting to fulfillment of meal pattern requirements in child nutrition programs.

The distributing agency must utilize the following criteria in its selection of processors with which it enters into agreements.
These criteria will be reviewed by the appropriate FNS Regional Office during the management evaluation review of the
distributing agency.
(1) The nutritional contribution provided by end products;
(2) The marketability or acceptability of end products;
(3) The means by which end products will be distributed;
(4) Price competitiveness of end products and processing yields of donated foods;
(5) Any applicable labeling requirements; and
(6) The processor's record of ethics and integrity, and capacity to meet regulatory requirements.
(e) In-State Processing Agreement. A distributing agency must enter into an In-State Processing Agreement with an inState processor to process donated foods into finished end products, unless it permits recipient agencies to enter into Recipient
Agency Processing Agreements for such purpose, in accordance with paragraph (f) of this section. Under an In-State
Processing Agreement, the distributing agency approves end product data schedules (except red meat and poultry) submitted
by the processor, holds and manages the processor's performance bond or letter of credit, in accordance with §250.32, and
assures compliance with other processing requirements. The distributing agency may also purchase the finished end products
for distribution to eligible recipient agencies in the State under an In-State Processing Agreement, or may permit recipient
agencies to purchase such end products, in accordance with applicable procurement requirements. In the latter case, the InState Processing Agreement is often called a “master agreement.” A distributing agency that procures end products on behalf of
recipient agencies, or that limits recipient agencies' access to the procurement of specific end products through its master
agreements, must utilize the following criteria in its selection of processors with which it enters into agreements. These criteria
will be reviewed by the appropriate FNS Regional Office during the management evaluation review of the distributing agency.
(1) The nutritional contribution provided by end products;
(2) The marketability or acceptability of end products;
(3) The means by which end products will be distributed;
(4) Price competitiveness of end products and processing yields of donated foods;
(5) Any applicable labeling requirements; and
(6) The processor's record of ethics and integrity, and capacity to meet regulatory requirements.
(f) Recipient Agency Processing Agreement. The distributing agency may permit a recipient agency to enter into an
agreement with an in-State processor to process donated foods and to purchase the finished end products in accordance with a
Recipient Agency Processing Agreement. A recipient agency may also enter into a Recipient Agency Processing Agreement on
behalf of other recipient agencies, in accordance with an agreement between the parties. The distributing agency may also
delegate a recipient agency to approve end product data schedules or select nationally approved end product data schedules,
review in-State processor performance reports, manage the performance bond or letter of credit of an in-State processor, and
monitor other processing activities under a Recipient Agency Processing Agreement. All such activities must be performed in
accordance with the requirements of this part. All Recipient Agency Processing Agreements must be reviewed and approved by
the distributing agency. All recipient agencies must utilize the following criteria in its selection of processors with which it enters
into agreements:
(1) The nutritional contribution provided by end products;
(2) The marketability or acceptability of end products;
(3) The means by which end products will be distributed;
(4) Price competitiveness of end products and processing yields of donated foods;
(5) Any applicable labeling requirements; and
(6) The processor's record of ethics and integrity, and capacity to meet regulatory requirements.
(g) Ensuring acceptability of end products. A distributing agency that procures end products on behalf of recipient agencies,
or that otherwise limits recipient agencies' access to the procurement of specific end products, must provide for testing of end
products to ensure their acceptability by recipient agencies, prior to entering into processing agreements. End products that
have previously been tested, or that are otherwise determined to be acceptable, need not be tested. However, such a
distributing agency must monitor product acceptability on an ongoing basis.

(h) Prohibition against subcontracting. A processor may not assign any processing activities under its processing
agreement or subcontract to another entity to perform any aspect of processing, without the specific written consent of the other
party to the agreement (i.e., distributing or recipient agency, or FNS, as appropriate). The distributing agency may, for example,
provide the required consent as part of its State Participation Agreement or In-State Processing Agreement with the processor.
(i) Agreements between processors and distributors. A processor providing end products containing donated foods to a
distributor must enter into a written agreement with the distributor. The agreement must reference, at a minimum, the financial
liability (i.e., who must pay) for the replacement value of donated foods, not less than monthly end product sales reporting
frequency, requirements under §250.11, and the applicable value pass through system to ensure that the value of donated
foods and finished end products are properly credited to recipient agencies. Distributing agencies can set additional
requirements.
(j) Duration of agreements. In-State Processing Agreements and Recipient Agency Processing Agreements may be up to
five years in duration. State Participation Agreements may be permanent. National Processing Agreements are permanent.
Amendments to any agreements may be made, as needed, with the concurrence of both parties to the agreement. Such
amendments will be effective for the duration of the agreement, unless otherwise indicated.
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§250.31 Procurement requirements.
(a) Applicability of Federal procurement requirements. Distributing and recipient agencies must comply with the
requirements in 2 CFR part 200 and part 400, as applicable, in purchasing end products, distribution, or other processing
services from processors. Distributing and recipient agencies may use procurement procedures that conform to applicable
State or local laws and regulations, but must ensure compliance with the procurement requirements in 2 CFR part 200 and part
400, as applicable.
(b) Required information in procurement documents. In all procurements of processed end products containing USDA
donated foods, procurement documents must include the following information:
(1) The price to be charged for the end product or other processing service;
(2) The method of end product sales that will be utilized and assurance that crediting for donated foods will be performed in
accordance with the applicable requirements for such method of sales in §250.36;
(3) The value of the donated food in the end products; and
(4) The location for the delivery of the end products.
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§250.32 Protection of donated food value.
(a) Performance bond or irrevocable letter of credit. The processor must obtain a performance bond or an irrevocable letter
of credit to protect the value of donated foods to be received for processing prior to the delivery of the donated foods to the
processor. The processor must provide the performance bond or letter of credit to the distributing or recipient agency, in
accordance with its In-State or Recipient Agency Processing Agreement. However, a multi-State processor must provide the
performance bond or letter of credit to FNS, in accordance with its National Processing Agreement. For multi-State processors,
the minimum amount of the performance bond or letter of credit must be sufficient to cover at least 75 percent of the value of
donated foods in the processor's physical or book inventory, as determined annually and at the discretion of FNS for processors
under National Processing Agreements. For multi-state processors in their first year of participation in the processing program,
the amount of the performance bond or letter of credit must be sufficient to cover 100 percent of the value of donated foods, as
determined annually, and at the discretion of FNS. The surety company from which a bond is obtained must be listed in the
most current Department of Treasury's Listing of Approved Sureties (Department Circular 570).
(b) Calling in the performance bond or letter of credit. The distributing or recipient agency must call in the performance
bond or letter of credit whenever a processor's lack of compliance with this part, or with the terms of the In-State or Recipient
Agency Processing Agreement, results in a loss of donated foods to a distributing or recipient agency and the processor fails to
make restitution or respond to a claim action initiated to recover the loss. Similarly, FNS will call in the performance bond or
letter of credit in the same circumstances, in accordance with National Processing Agreements, and will ensure that any monies
recovered are reimbursed to distributing agencies for losses of entitlement foods.
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§250.33 Ensuring processing yields of donated foods.
(a) End product data schedules. The processor must submit an end product data schedule, in a standard electronic format
dictated by FNS, for approval before it may process donated foods into end products. For In-State Processing Agreements, the
end product data schedule must be approved by the distributing agency and, for products containing donated red meat and
poultry, the end product data schedule must also be approved by the Department. For National Processing Agreements, the

end product data schedule must be approved by the Department. An end product data schedule must be submitted, and
approved, for each new end product that a processor wishes to provide or for a previously approved end product in which the
ingredients (or other pertinent information) have been altered. On the end product data schedule, the processor must describe
its processing of donated food into an end product, including the following information:
(1) A description of the end product;
(2) The types and quantities of donated foods included;
(3) The types and quantities of other ingredients included;
(4) The quantity of end product produced; and
(5) The processing yield of donated food, which may be expressed as the quantity (pounds or cases) of donated food
needed to produce a specific quantity of end product or as the percentage of raw donated food versus the quantity returned in
the finished end product.
(b) Processing yields of donated foods. All end products must have a processing yield of donated foods associated with its
production and this processing yield must be indicated on its end product data schedule. The processing yield options are
limited to 100 percent yield, guaranteed yield, and standard yield.
(1) Under 100 percent yield, the processor must ensure that 100 percent of the raw donated food is returned in the finished
end product. The processor must replace any processing loss of donated food with commercially purchased food of the same
generic identity, of U.S. origin, and equal or better in all USDA procurement specifications than the donated food. The processor
must demonstrate such replacement by reporting reductions in donated food inventories on performance reports by the amount
of donated food contained in the finished end product rather than the amount that went into production. The Department may
approve an exception if a processor experiences a significant manufacturing loss.
(2) Under guaranteed yield, the processor must ensure that a specific quantity of end product (i.e., number of cases) will be
produced from a specific quantity of donated food (i.e., pounds), as determined by the parties to the processing agreement,
and, for In-State Processing Agreements, approved by the Department. If necessary, the processor must use commercially
purchased food of the same generic identity, of U.S. origin, and equal or better in all USDA procurement specifications than the
donated food to provide the guaranteed number of cases of end product to the distributing or recipient agency, as appropriate.
The guaranteed yield must be indicated on the end product data schedule.
(3) Under standard yield, the processor must ensure that a specific quantity of end product (i.e., number of cases), as
determined by the Department, will be produced from a specific quantity of donated food. The established standard yield is
higher than the yield the processor could achieve under normal commercial production and serves to reward those processors
that can process donated foods most efficiently. If necessary, the processor must use commercially purchased food of the same
generic identity, of U.S. origin, and equal or better in all USDA procurement specifications than the donated food to provide the
number of cases required to meet the standard yield to the distributing or recipient agency, as appropriate. The standard yield
must be indicated on the end product data schedule.
(c) Compensation for loss of donated foods. The processor must compensate the distributing or recipient agency, as
appropriate, for the loss of donated foods, or for the loss of commercially purchased foods substituted for donated foods. Such
loss may occur, for example, if the processor fails to meet the required processing yield of donated food or fails to produce end
products that meet required specifications, if donated foods are spoiled, damaged, or otherwise adulterated at a processing
facility, or if end products are improperly distributed. To compensate for such loss, the processor must:
(1) Replace the lost donated food or commercial substitute with commercially purchased food of the same generic identity,
of U.S. origin, and equal or better in all USDA procurement specifications than the donated food; or
(2) Return end products that are wholesome but do not meet required specifications to production for processing into the
requisite quantity of end products that meet the required specifications (commonly called rework products); or
(3) If the purchase of replacement foods or the reprocessing of products that do not meet the required specifications is not
feasible, the processor may, with FNS, distributing agency, or recipient agency approval, dependent on which entity maintains
the agreement with the processor, pay the distributing or recipient agency, as appropriate, for the replacement value of the
donated food or commercial substitute.
(d) Credit for sale of by-products. The processor must credit the distributing or recipient agency, as appropriate, for the sale
of any by-products produced in the processing of donated foods. The processor must credit for the net value of such sale, or
the market value of the by-products, after subtraction of any documented expenses incurred in preparing the by-product for
sale. Crediting must be achieved through invoice reduction or by another means of crediting.
(e) Labeling requirements. The processor must ensure that all end product labels meet Federal labeling requirements. A
processor that claims end products fulfill meal pattern requirements in child nutrition programs must comply with the procedures
required for approval of labels of such end products.
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§250.34 Substitution of donated foods.
(a) Substitution of commercially purchased foods for donated foods. Unless its agreement specifically stipulates that the
donated foods must be used in processing, the processor may substitute commercially purchased foods for donated foods that
are delivered to it from a USDA vendor. The commercially purchased food must be of the same generic identity, of U.S. origin,
and equal or better in all USDA procurement specifications than the donated food. Commercially purchased beef, pork, or
poultry must meet the same specifications as donated product, including inspection, grading, testing, and humane handling
standards and must be approved by the Department in advance of substitution. The processor may choose to make the
substitution before the actual receipt of the donated food. However, the processor assumes all risk and liability if, due to
changing market conditions or other reasons, the Department's purchase of donated foods and their delivery to the processor is
not feasible. Commercially purchased food substituted for donated food must meet the same processing yield requirements in
§250.33 that would be required for the donated food.
(b) Prohibition against substitution and other requirements for backhauled donated foods. The processor may not substitute
or commingle donated foods that are backhauled to it from a distributing or recipient agency's storage facility. The processor
must process backhauled donated foods into end products for sale and delivery to the distributing or recipient agency that
provided them and not to any other agency. Distributing or recipient agencies must purchase end products utilizing donated
foods backhauled to their contracted processor. The processor may not provide payment for backhauled donated foods in lieu
of processing.
(c) Grading requirements. The processing of donated beef, pork, and poultry must occur under Federal Quality Assessment
Division grading, which is conducted by the Department's Agricultural Marketing Service. Federal Quality Assessment Division
grading ensures that processing is conducted in compliance with substitution and yield requirements and in conformance with
the end product data schedule. The processor is responsible for paying the cost of acceptance service grading. The processor
must maintain grading certificates and other records necessary to document compliance with requirements for substitution of
donated foods and with other requirements of this subpart.
(d) Waiver of grading requirements. The distributing agency may waive the grading requirement for donated beef, pork or
poultry in accordance with one of the conditions listed in this paragraph (d). However, grading may only be waived on a case by
case basis (e.g., for a particular production run); the distributing agency may not approve a blanket waiver of the requirement.
Additionally, a waiver may only be granted if a processor's past performance indicates that the quality of the end product will not
be adversely affected. The conditions for granting a waiver include:
(1) That even with ample notification time, the processor cannot secure the services of a grader;
(2) The cost of the grader's service in relation to the value of donated beef, pork or poultry being processed would be
excessive; or
(3) The distributing or recipient agency's urgent need for the product leaves insufficient time to secure the services of a
grader.
(e) Use of substituted donated foods. The processor may use donated foods that have been substituted with commercially
purchased foods in other processing activities conducted at its facilities.
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§250.35 Storage, food safety, quality control, and inventory management.
(a) Storage and quality control. The processor must ensure the safe and effective storage of donated foods, including
compliance with the general storage requirements in §250.12, and must maintain an effective quality control system at its
processing facilities. The processor must maintain documentation to verify the effectiveness of its quality control system and
must provide such documentation upon request.
(b) Food safety requirements. The processor must ensure that all processing of donated foods is conducted in compliance
with all Federal, State, and local requirements relative to food safety.
(c) Commingling of donated foods and commercially purchased foods. The processor may commingle donated foods and
commercially purchased foods, unless the processing agreement specifically stipulates that the donated foods must be used in
processing, and not substituted, or the donated foods have been backhauled from a recipient agency. However, such
commingling must be performed in a manner that ensures the safe and efficient use of donated foods, as well as compliance
with substitution requirements in §250.34 and with reporting of donated food inventories on performance reports, as required in
§250.37. The processor must also ensure that commingling of processed end products and other food products, either at its
facility or at the facility of a commercial distributor, ensures the sale and delivery of end products that meet the processing
requirements in this subpart—e.g., by affixing the applicable USDA certification stamp to the exterior shipping containers of
such end products.
(d) Limitation on donated food inventories. Inventories of donated food at processors may not be in excess of a six-month
supply, based on an average amount of donated foods utilized, unless a higher level has been specifically approved by the
distributing agency on the basis of a written justification submitted by the processor. Distributing agencies are not permitted to
submit food orders for processors reporting no sales activity during the prior year's contract period unless documentation is

submitted by the processor which outlines specific plans for donated food drawdown, product promotion, or sales expansion.
When inventories are determined to be excessive for a State or processor, e.g., more than six months or exceeding the
established protection, FNS may require the transfer of inventory and/or entitlement to another State or processor to ensure
utilization prior to the end of the school year.
(e) Reconciliation of excess donated food inventories. If, at the end of the school year, the processor has donated food
inventories in excess of a six-month supply, the distributing agency may, in accordance with paragraph (d) of this section, permit
the processor to carry over such excess inventory into the next year of its agreement, if it determines that the processor may
efficiently store and process such quantity of donated foods. The distributing agency may also direct the processor to transfer
such donated foods to other recipient agencies, or to transfer them to other distributing agencies, in accordance with
§250.12(e). However, if these actions are not practical, the distributing agency must require the processor to pay it for the
donated foods held in excess of allowed levels at the replacement value of the donated foods.
(f) Disposition of donated food inventories upon agreement termination. When an agreement terminates, and is not
extended or renewed, the processor must take one of the actions indicated in this paragraph (f) with respect to remaining
donated food inventories, as directed by the distributing agency or recipient agency, as appropriate. The processor must pay
the cost of transporting any donated foods when the agreement is terminated at the processor's request or as a result of the
processor's failure to comply with the requirements of this part. The processor must:
(1) Return the donated foods, or commercially purchased foods that meet the substitution requirements in §250.34, to the
distributing or recipient agency, as appropriate; or
(2) Transfer the donated foods, or commercially purchased foods that meet the substitution requirements in §250.34, to
another distributing or recipient agency with which it has a processing agreement; or
(3) If returning or transferring the donated foods, or commercially purchased foods that meet the substitution requirements
in §250.34, is not feasible, the processor may, with FNS approval, pay the distributing or recipient agency, as appropriate, for
the donated foods, at the contract value or replacement value of the donated foods, whichever is higher.
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§250.36 End product sales and crediting for the value of donated foods.
(a) Methods of end product sales. To ensure that the distributing or recipient agency, as appropriate, receives credit for the
value of donated foods contained in end products, the sale of end products must be performed using one of the methods of end
product sales, also known as value pass through systems, described in this section. All systems of sales utilized must provide
clear documentation of crediting for the value of the donated foods contained in the end products.
(b) Refund or rebate. Under this system, the processor sells end products to the distributing or recipient agency, as
appropriate, at the commercial, or gross, price and must provide a refund or rebate for the value of the donated food contained
in the end products. The processor may also deliver end products to a commercial distributor for sale to distributing or recipient
agencies under this system. In both cases, the processor must provide a refund to the appropriate agency within 30 days of
receiving a request for a refund from that agency. The refund request must be in writing, which may be transmitted via email or
other electronic submission.
(c) Direct discount. Under this system, the processor must sell end products to the distributing or recipient agency, as
appropriate, at a net price that incorporates a discount from the commercial case price for the value of donated food contained
in the end products.
(d) Indirect discount. Under this system, also known as net off invoice, the processor delivers end products to a commercial
distributor, which must sell the end products to an eligible distributing or recipient agency, as appropriate, at a net price that
incorporates a discount from the commercial case price for the value of donated food contained in the end products. The
processor must require the distributor to notify it of such sales, at least on a monthly basis, through automated sales reports or
other electronic or written submission. The processor then compensates the distributor for the discount provided for the value of
the donated food in its sale of end products. Recipient agencies should closely monitor invoices to ensure correct discounts are
applied.
(e) Fee-for-service. (1) Under this system, the processor must sell end products to the distributing or recipient agency, as
appropriate, at a fee-for-service, which includes all costs to produce the end products not including the value of the donated
food used in production. Three basic types of fee-for-service are used:
(i) Direct shipment and invoicing from the processor to the recipient agency;
(ii) Fee-for-service through a distributor, where the processor ships multiple pallets of product to a distributor with a
breakout of who owns what products; and
(iii) What is commonly known as Modified Fee-for-service, when the recipient agency has an authorized agent bill them for
the total case price.

(2) The processor must identify any charge for delivery of end products separately from the fee-for-service on its invoice. If
the processor provides end products sold under fee-for-service to a distributor for delivery to the distributing or recipient agency,
the processor must identify the distributor's delivery charge separately from the fee-for-service on its invoice to the appropriate
agency or may permit the distributor to bill the agency separately for the delivery of end products. The processor must require
that the distributor notify it of such sales, at least on a monthly basis, through automated sales reports, email, or other electronic
or written submission. When the recipient agency procures storage and distribution of processed end products separately from
the processing of donated foods, the recipient agency may provide the distributor written approval to act as the recipient
agency's authorized agent for the total case price (i.e., including the fee-for-service and the delivery charge), in accordance with
§250.11(e).
(f) Approved alternative method. The processor or distributor may sell end products under an alternative method approved
by FNS and the distributing agency that ensures crediting for the value of donated foods contained in the end products.
(g) Donated food value used in crediting. In crediting for the value of donated foods in end product sales, the contract value
of the donated foods, as defined in §250.2, must be used.
(h) Ensuring sale and delivery of end products to eligible recipient agencies. In order to ensure the sale of end products to
eligible recipient agencies, the distributing agency must provide the processor with a list of recipient agencies eligible to
purchase end products, along with the quantity of raw donated food that is to be delivered to the processor for processing on
behalf of each recipient agency. In order to ensure that the distributor sells end products only to eligible recipient agencies, the
processor must provide the distributor with a list of eligible recipient agencies and either:
(1) The quantities of approved end products that each recipient agency is eligible to receive; or
(2) The quantity of donated food allocated to each recipient agency and the raw donated food (pounds or cases) needed
per case of each approved end product.
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§250.37 Reports, records, and reviews of processor performance.
(a) Performance reports. The processor must submit a performance report to the distributing agency (or to the recipient
agency, in accordance with a Recipient Agency Processing Agreement) on a monthly basis, which must include the information
listed in this paragraph (a). Performance reports must be submitted not later than 30 days after the end of the reporting period.
The performance report must include the following information for the reporting period, with year-to-date totals:
(1) A list of all recipient agencies purchasing end products;
(2) The quantity of donated foods in inventory at the beginning of the reporting period;
(3) The quantity of donated foods received;
(4) The quantity of donated foods transferred to the processor from another entity, or transferred by the processor to
another entity;
(5) The quantity of donated foods losses;
(6) The quantity of end products delivered to each eligible recipient agency;
(7) The quantity of donated foods remaining at the end of the reporting period;
(8) A certification statement that sufficient donated foods are in inventory or on order to account for the quantities needed
for production of end products;
(9) Grading certificates, as applicable; and
(10) Other supporting documentation, as required by the distributing agency or recipient agency.
(b) Reporting reductions in donated food inventories. The processor must report reductions in donated food inventories on
performance reports only after sales of end products have been made, or after sales of end products through distributors have
been documented. However, when a recipient agency has contracted with a distributor to act as an authorized agent, the
processor may report reductions in donated food inventories upon delivery and acceptance by the contracted distributor, in
accordance with §250.11(e). Documentation of distributor sales must be through the distributing or recipient agency's request
for a refund (under a refund or rebate system) or through receipt of the distributor's automated sales reports or other electronic
or written reports submitted to the processor (under an indirect discount system or under a fee-for-service system).
(c) Summary performance report. Along with the submission of performance reports to the distributing agency, a multi-State
processor must submit a summary performance report to FNS, on a monthly basis and in a format established by FNS, in
accordance with its National Processing Agreement. The summary report must include an accounting of the processor's
national inventory of donated foods, including the information listed in this paragraph (c). The report must be submitted not later

than 30 days after the end of the reporting period; however, the final performance report must be submitted within 60 days of
the end of the reporting period. The summary performance report must include the following information for the reporting period:
(1) The total donated food inventory by State and the national total at the beginning of the reporting period;
(2) The total quantity of donated food received by State, with year-to-date totals, and the national total of donated food
received;
(3) The total quantity of donated food reduced from inventory by State, with year-to-date totals, and the national total of
donated foods reduced from inventory; and
(4) The total quantity of donated foods remaining in inventory by State, and the national total, at the end of the reporting
period.
(d) Recordkeeping requirements for processors. The processor must maintain the following records relating to the
processing of donated foods:
(1) End product data schedules and summary end product data schedules, as applicable;
(2) Receipt of donated foods shipments;
(3) Production, sale, and delivery of end products, including sales through distributors;
(4) All agreements with distributors;
(5) Remittance of refunds, invoices, or other records that assure crediting for donated foods in end products and for sale of
byproducts;
(6) Documentation of Federal or State inspection of processing facilities, as appropriate, and of the maintenance of an
effective quality control system;
(7) Documentation of substitution of commercial foods for donated foods, including grading certificates, as applicable;
(8) Waivers of grading requirements, as applicable; and
(9) Required reports.
(e) Recordkeeping requirements for the distributing agency. The distributing agency must maintain the following records
relating to the processing of donated foods:
(1) In-State Processing Agreements and State Participation Agreements;
(2) End product data schedules or summary end product data schedules, as applicable;
(3) Performance reports;
(4) Grading certificates, as applicable;
(5) Documentation that supports information on the performance report, as required by the distributing agency (e.g., sales
invoices or copies of refund payments);
(6) Copies of audits of in-State processors and documentation of the correction of any deficiencies identified in such audits;
(7) The receipt of end products, as applicable; and
(8) Procurement documents, as applicable.
(f) Recordkeeping requirements for the recipient agency. The recipient agency must maintain the following records relating
to the processing of donated foods:
(1) The receipt of end products purchased from processors or distributors;
(2) Crediting for the value of donated foods contained in end products;
(3) Recipient Agency Processing Agreements, as applicable, and, in accordance with such agreements, other records
included in paragraph (e) of this section, if not retained by the distributing agency; and
(4) Procurement documents, as applicable.
(g) Review requirements for the distributing agency. The distributing agency must review performance reports and other
records that it must maintain, in accordance with the requirements in paragraph (e) of this section, to ensure that the processor:

(1) Receives donated food shipments;
(2) Delivers end products to eligible recipient agencies, in the types and quantities for which they are eligible;
(3) Meets the required processing yields for donated foods; and
(4) Accurately reports donated food inventory activity and maintains inventories within approved levels.
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§250.38 Provisions of agreements.
(a) National Processing Agreement. A National Processing Agreement includes provisions to ensure that a multi-State
processor complies with all of the applicable requirements in this part relating to the processing of donated foods.
(b) Required provisions for State Participation Agreement. A State Participation Agreement with a multi-State processor
must include the following provisions:
(1) Contact information for all appropriate parties to the agreement;
(2) The effective dates of the agreement;
(3) A list of recipient agencies eligible to receive end products;
(4) Summary end product data schedules, with end products that may be sold in the State;
(5) Assurance that the processor will not substitute or commingle backhauled donated foods and will provide end products
processed from such donated foods only to the distributing or recipient agency from which the foods were received;
(6) Any applicable labeling requirements;
(7) Other processing requirements implemented by the distributing agency, such as the specific method(s) of end product
sales permitted;
(8) A statement that the agreement may be terminated by either party upon 30 days' written notice;
(9) A statement that the agreement may be terminated immediately if the processor has not complied with its terms and
conditions; and
(10) A statement requiring the processor to enter into an agreement with any and all distributors delivering processed end
products to recipient agencies that ensures adequate data sharing, reporting, and crediting of donated foods, in accordance
with §250.30(i).
(c) Required provisions of the In-State Processing Agreement. An In-State Processing Agreement must include the
following provisions or attachments:
(1) Contact information for all appropriate parties to the agreement;
(2) The effective dates of the agreement;
(3) A list of recipient agencies eligible to receive end products, as applicable;
(4) In the event that subcontracting is allowed, the specific activities that will be performed under subcontracts;
(5) Assurance that the processor will provide a performance bond or irrevocable letter of credit to protect the value of
donated foods it is expected to maintain in inventory, in accordance with §250.32;
(6) End product data schedules for all end products, with all required information, in accordance with §250.33(a);
(7) Assurance that the processor will meet processing yields for donated foods, in accordance with §250.33;
(8) Assurance that the processor will compensate the distributing or recipient agency, as appropriate, for any loss of
donated foods, in accordance with §250.33(c);
(9) Any applicable labeling requirements;
(10) Assurance that the processor will meet requirements for the substitution of commercially purchased foods for donated
foods, including grading requirements, in accordance with §250.34;
(11) Assurance that the processor will not substitute or commingle backhauled donated foods and will provide end products
processed from such donated foods only to the recipient agency from which the foods were received, as applicable;

(12) Assurance that the processor will provide for the safe and effective storage of donated foods, meet inspection
requirements, and maintain an effective quality control system at its processing facilities;
(13) Assurance that the processor will report donated food inventory activity and maintain inventories within approved
levels;
(14) Assurance that the processor will return, transfer, or pay for, donated food inventories remaining upon termination of
the agreement, in accordance with §250.35(f);
(15) The specific method(s) of end product sales permitted, in accordance with §250.36;
(16) Assurance that the processor will credit recipient agencies for the value of all donated foods, in accordance with
§250.36;
(17) Assurance that the processor will submit performance reports and meet other reporting and recordkeeping
requirements, in accordance with §250.37;
(18) Assurance that the processor will obtain independent CPA audits and will correct any deficiencies identified in such
audits, in accordance with §250.20;
(19) A statement that the distributing agency, subdistributing agency, or recipient agency, the Comptroller General, the
Department of Agriculture, or their duly authorized representatives, may perform on-site reviews of the processor's operation to
ensure that all activities relating to donated foods are performed in accordance with the requirements in 7 CFR part 250;
(20) A statement that the agreement may be terminated by either party upon 30 days' written notice;
(21) A statement that the agreement may be terminated immediately if the processor has not complied with its terms and
conditions;
(22) A statement that extensions or renewals of the agreement, if applicable, are contingent upon the fulfillment of all
agreement provisions; and
(23) A statement requiring the processor to enter into an agreement with any and all distributors delivering processed end
products to recipient agencies that ensures adequate data sharing, reporting, and crediting of donated foods, in accordance
with §250.30(i).
(d) Required provisions for Recipient Agency Processing Agreement. The Recipient Agency Processing Agreement must
contain the same provisions as an In-State Processing Agreement, to the extent that the distributing agency permits the
recipient agency to perform activities normally performed by the distributing agency under an In-State Processing Agreement
(e.g., approval of end product data schedules, review of performance reports, or management of the performance bond).
However, a list of recipient agencies eligible to receive end products need not be included unless the Recipient Agency
Processing Agreement represents more than one (e.g., a cooperative) recipient agency.
(e) Noncompliance with processing requirements. If the processor has not complied with processing requirements, the
distributing or recipient agency, as appropriate, may choose to not extend or renew the agreement and may immediately
terminate it.
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§250.39 Miscellaneous provisions.
(a) Waiver of processing requirements. The Food and Nutrition Service may waive any of the requirements contained in
this part for the purpose of conducting demonstration projects to test program changes designed to improve the processing of
donated foods.
(b) Processing activity guidance. Distributing agencies must develop and provide a processing manual or similar
procedural material for guidance to contracting agencies, recipient agencies, and processors. Distributing agencies must revise
these materials as necessary to reflect policy and regulatory changes. This guidance material must be provided to contracting
agencies, recipient agencies, and processors at the time of the approval of the initial agreement by the distributing agency,
when there have been regulatory or policy changes which necessitate changes in the guidance materials, and upon request.
The manual must include, at a minimum, statements of the distributing agency's policies and procedures regarding:
(1) Contract approval;
(2) Monitoring and review of processing activities;
(3) Recordkeeping and reporting requirements;
(4) Inventory controls; and
(5) Refund applications.

(c) Guidance or information. Guidance or information relating to the processing of donated foods is included on the FNS
website or may otherwise be obtained from FNS.
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Subpart D—Donated Foods in Contracts With Food Service Management Companies
S඗ඝකඋඍ: 73 FR 46185, Aug. 8, 2008, unless otherwise noted.

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§250.50 Contract requirements and procurement.
(a) Contract requirements. Prior to donated foods being made available to a food service management company, the
recipient agency must enter into a contract with the food service management company. The contract must ensure that all
donated foods received for use by the recipient agency in the school or fiscal year, as applicable, are used in the recipient
agency's food service, or that commercially purchased foods are used in place of such donated foods only in accordance with
the requirements in §250.51(d). Contracts between recipient agencies in child nutrition programs and food service management
companies must also ensure compliance with other requirements in this subpart relating to donated foods, as well as other
Federal requirements in 7 CFR parts 210, 220, 225, or 226, as applicable. Contracts between other recipient agencies—i.e.,
charitable institutions and recipient agencies utilizing TEFAP foods—and food service management companies are not subject
to the other requirements in this subpart.
(b) Types of contracts. Recipient agencies may enter into a fixed-price or a cost-reimbursable contract with a food service
management company, except that recipient agencies in CACFP are prohibited from entering into cost-reimbursable contracts,
in accordance with 7 CFR part 226. Under a fixed-price contract, the recipient agency pays a fixed cost per meal provided or a
fixed cost for a certain time period. Under a cost-reimbursable contract, the food service management company charges the
recipient agency for food service operating costs, and also charges fixed fees for management or services.
(c) Procurement requirements. The recipient agency must meet Departmental procurement requirements in 7 2 CFR part
200, subpart D, and USDA implementing regulations at 2 CFR parts 400 and 416, as applicable, in obtaining the services of a
food service management company, as well as applicable requirements in 7 CFR parts 210, 220, 225, or 226. The recipient
agency must ensure that procurement documents, as well as contract provisions, include any donated food activities that a food
service management company is to perform, such as those activities listed in paragraph (d) of this section. The procurement
and contract must also specify the method used to determine the donated food values to be used in crediting, or the actual
values assigned, in accordance with §250.51. The method used to determine the donated food values may not be established
through a post-award negotiation, or by any other method that may directly or indirectly alter the terms and conditions of the
procurement or contract.
(d) Activities relating to donated foods. A food service management company may perform specific activities relating to
donated foods, such as those listed in this paragraph (d), in accordance with procurement documents and its contract with the
recipient agency. Such activities may also include the procurement of processed end products on behalf of the recipient agency.
Such procurement must ensure compliance with the requirements in subpart C of this part and with the provisions of the
distributing or recipient agency's processing agreements, and must ensure crediting of the recipient agency for the value of
donated foods contained in such end products at the processing agreement value. Although the food service management
company may procure processed end products on behalf of the recipient agency, it may not itself enter into the processing
agreement with the processor required in subpart C of this part. Other donated food activities that the food service management
company may perform include:
(1) Preparing and serving meals;
(2) Ordering or selection of donated foods, in coordination with the recipient agency, and in accordance with §250.58(a);
(3) Storage and inventory management of donated foods, in accordance with §250.52; and
(4) Payment of processing fees or submittal of refund requests to a processor on behalf of the recipient agency, or
remittance of refunds for the value of donated foods in processed end products to the recipient agency, in accordance with the
requirements in subpart C of this part.
[73 FR 46185, Aug. 8, 2008, as amended at 81 FR 23111, Apr. 19, 2016]

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§250.51 Crediting for, and use of, donated foods.
(a) Crediting for donated foods. In both fixed-price and cost-reimbursable contracts, the food service management
company must credit the recipient agency for the value of all donated foods received for use in the recipient agency's meal
service in a school year or fiscal year (including both entitlement and bonus foods). Such requirement includes crediting for the
value of donated foods contained in processed end products if the food service management company's contract requires it to:

(1) Procure processed end products on behalf of the recipient agency; or
(2) Act as an intermediary in passing the donated food value in processed end products on to the recipient agency.
(b) Method and frequency of crediting. The recipient agency may permit crediting for the value of donated foods through
invoice reductions, refunds, discounts, or other means. However, all forms of crediting must provide clear documentation of the
value received from the donated foods—e.g., by separate line item entries on invoices. If provided for in a fixed-price contract,
the recipient agency may permit a food service management company to pre-credit for donated foods. In pre-crediting, a
deduction for the value of donated foods is included in the established fixed price per meal. However, the recipient agency must
ensure that the food service management company provides an additional credit for any donated foods not accounted for in the
fixed price per meal—e.g., for donated foods that are not made available until later in the year. In cost-reimbursable contracts,
crediting may be performed by disclosure; i.e., the food service management company credits the recipient agency for the value
of donated foods by disclosing, in its billing for food costs submitted to the recipient agency, the savings resulting from the
receipt of donated foods for the billing period. In all cases, the recipient agency must require crediting to be performed not less
frequently than annually, and must ensure that the specified method of valuation of donated foods permits crediting to be
achieved in the required time period. A school food authority must also ensure that the method, and timing, of crediting does not
cause its cash resources to exceed the limits established in 7 CFR 210.9(b)(2).
(c) Donated food values required in crediting. The recipient agency must ensure that, in crediting it for the value of donated
foods, the food service management company uses the donated food values determined by the distributing agency, in
accordance with §250.58(e), or, if approved by the distributing agency, donated food values determined by an alternate means
of the recipient agency's choosing. For example, the recipient agency may, with the approval of the distributing agency, specify
that the value will be the average price per pound for a food, or for a group or category of foods (e.g., all frozen foods or cereal
products), as listed in market journals over a specified period of time. However, the method of determining the donated food
values to be used in crediting must be included in procurement documents and in the contract, and must result in the
determination of actual values; e.g., the average USDA purchase price for the period of the contract with the food vendor, or the
average price per pound listed in market journals over a specified period of time. Negotiation of such values is not permitted.
Additionally, the method of valuation must ensure that crediting may be achieved in accordance with paragraph (b) of this
section, and at the specific frequency established in procurement documents and in the contract.
(d) Use of donated foods. The food service management company must use all donated beef, pork, and all processed end
products, in the recipient agency's food service, and must use all other donated foods, or commercially purchased foods of the
same generic identity, of U.S. origin, and of equal or better quality than the donated foods, in the recipient agency's food service
(unless the contract specifically stipulates that the donated foods, and not such commercial substitutes, be used).
[73 FR 46185, Aug. 8, 2008, as amended at 81 FR 23111, Apr. 19, 2016]

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§250.52 Storage and inventory management of donated foods.
(a) General requirements. The food service management company must meet the requirements for the safe storage and
control of donated foods in §250.14(a).
(b) Storage and inventory with commercially purchased foods. The food service management company may store and
inventory donated foods together with foods it has purchased commercially for the school food authority's use (unless
specifically prohibited in the contract). It may store and inventory such foods together with other commercially purchased foods
only to the extent that such a system ensures compliance with the requirements for the use of donated foods in §250.51(d)—
i.e., use all donated beef and pork, and all end products in the food service, and use all other donated foods or commercially
purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the donated foods, in the food
service. Additionally, under cost-reimbursable contracts, the food service management company must ensure that its system of
inventory management does not result in the recipient agency being charged for donated foods.
(c) Disposition of donated foods and credit reconciliation upon termination of the contract. When a contract terminates, and
is not extended or renewed, the food service management company must return all unused donated beef, pork, and processed
end products, and must, at the recipient agency's discretion, return other unused donated foods. The recipient agency must
ensure that the food service management company has credited it for the value of all donated foods received for use in the
recipient agency's meal service in a school year or fiscal year, as applicable.
[81 FR 23111, Apr. 19, 2016]

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§250.53 Contract provisions.
(a) Required contract provisions in fixed-price contracts. The following provisions relating to the use of donated foods must
be included, as applicable, in a recipient agency's fixed-price contract with a food service management company. Such
provisions must also be included in procurement documents. The required provisions are:

(1) A statement that the food service management company must credit the recipient agency for the value of all donated
foods received for use in the recipient agency's meal service in the school year or fiscal year (including both entitlement and
bonus foods), and including the value of donated foods contained in processed end products, in accordance with the
contingencies in §250.51(a);
(2) The method and frequency by which crediting will occur, and the means of documentation to be utilized to verify that the
value of all donated foods has been credited;
(3) The method of determining the donated food values to be used in crediting, in accordance with §250.51(c), or the actual
donated food values;
(4) Any activities relating to donated foods that the food service management company will be responsible for, in
accordance with §250.50(d), and assurance that such activities will be performed in accordance with the applicable
requirements in 7 CFR part 250;
(5) A statement that the food service management company will use all donated beef and pork products, and all processed
end products, in the recipient agency's food service;
(6) A statement that the food service management company will use all other donated foods, or will use commercially
purchased foods of the same generic identity, of U.S. origin, and of equal of better quality than the donated foods, in the
recipient agency's food service;
(7) Assurance that the procurement of processed end products on behalf of the recipient agency, as applicable, will ensure
compliance with the requirements in subpart C of 7 CFR part 250 and with the provisions of distributing or recipient agency
processing agreements, and will ensure crediting of the recipient agency for the value of donated foods contained in such end
products at the processing agreement value;
(8) Assurance that the food service management company will not itself enter into the processing agreement with the
processor required in subpart C of 7 CFR part 250;
(9) Assurance that the food service management company will comply with the storage and inventory requirements for
donated foods;
(10) A statement that the distributing agency, subdistributing agency, or recipient agency, the Comptroller General, the
Department of Agriculture, or their duly authorized representatives, may perform onsite reviews of the food service
management company's food service operation, including the review of records, to ensure compliance with requirements for the
management and use of donated foods;
(11) A statement that the food service management company will maintain records to document its compliance with
requirements relating to donated foods, in accordance with §250.54(b); and
(12) A statement that extensions or renewals of the contract, if applicable, are contingent upon the fulfillment of all contract
provisions relating to donated foods.
(b) Required contract provisions in cost-reimbursable contracts. A cost-reimbursable contract must include the same
provisions as those required for a fixed-price contract in paragraph (a) of this section. Such provisions must also be included in
procurement documents. However, a cost-reimbursable contract must also contain a statement that the food service
management company will ensure that its system of inventory management will not result in the recipient agency being charged
for donated foods.
[73 FR 46185, Aug. 8, 2008, as amended at 81 FR 23111, Apr. 19, 2016]

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§250.54 Recordkeeping and reviews.
(a) Recordkeeping requirements for the recipient agency. The recipient agency must maintain the following records relating
to the use of donated foods in its contract with the food service management company:
(1) The donated foods and processed end products received and provided to the food service management company for
use in the recipient agency's food service;
(2) Documentation that the food service management company has credited it for the value of all donated foods received
for use in the recipient agency's food service in the school or fiscal year, including, in accordance with the requirements in
§250.51(a), the value of donated foods contained in processed end products; and
(3) The actual donated food values used in crediting.
(b) Recordkeeping requirements for the food service management company. The food service management company must
maintain the following records relating to the use of donated foods in its contract with the recipient agency:

(1) The donated foods and processed end products received from, or on behalf of, the recipient agency, for use in the
recipient agency's food service;
(2) Documentation that it has credited the recipient agency for the value of all donated foods received for use in the
recipient agency's food service in the school or fiscal year, including, in accordance with the requirements in §250.51(a), the
value of donated foods contained in processed end products; and
(3) Documentation of its procurement of processed end products on behalf of the recipient agency, as applicable.
(c) Review requirements for the recipient agency. The recipient agency must ensure that the food service management
company is in compliance with the requirements of this part through its monitoring of the food service operation, as required in 7
CFR parts 210, 225, or 226, as applicable. The recipient agency must also conduct a reconciliation at least annually (and upon
termination of the contract) to ensure that the food service management company has credited it for the value of all donated
foods received for use in the recipient agency's food service in the school or fiscal year, including, in accordance with the
requirements in §250.51(a), the value of donated foods contained in processed end products.
(d) Departmental reviews of food service management companies. The Department may conduct reviews of food service
management company operations, as necessary, to ensure compliance with the requirements of this part with respect to the
use and management of donated foods.
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Subpart E—National School Lunch Program (NSLP) and Other Child Nutrition Programs
S඗ඝකඋඍ: 73 FR 46185, Aug. 8, 2008, unless otherwise noted.

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§250.56 Provision of donated foods in NSLP.
(a) Distribution of donated foods in NSLP. The Department provides donated foods in NSLP to distributing agencies.
Distributing agencies provide donated foods to school food authorities that participate in NSLP for use in serving nutritious
lunches or other meals to schoolchildren in their nonprofit school food service. The distributing agency must confirm the
participation of school food authorities in NSLP with the State administering agency (if different from the distributing agency). In
addition to requirements in this part relating to donated foods, distributing agencies and school food authorities in NSLP must
adhere to Federal regulations in 7 CFR part 210, as applicable.
(b) Types of donated foods distributed. The Department purchases a wide variety of foods for distribution in NSLP each
school year. A list of available foods is posted on the FNS Web site, for access by distributing agencies and school food
authorities. In addition to Section 6 foods (42 U.S.C. 1755) as described in paragraph (c) of this section, the distributing agency
may also receive Section 14 donated foods (42 U.S.C. 1762(a)), and donated foods under Section 32 (7 U.S.C. 612c), Section
416 (7 U.S.C. 1431), or Section 709 (7 U.S.C. 1446a-1), as available.
(c) National per-meal value of donated foods. For each school year, the distributing agency receives, at a minimum, the
national per-meal value of donated foods, as established by Section 6(c) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1755(c)), multiplied by the number of reimbursable lunches served in the State in the previous school year. The
donated foods provided in this manner are referred to as Section 6 foods, or entitlement foods. The national per-meal value is
adjusted each year to reflect changes in the Bureau of Labor Statistic's Producer Price Index for Foods Used in Schools and
Institutions, in accordance with the Richard B. Russell National School Lunch Act. The adjusted value is published in a notice in
the Fඍඌඍකඉඔ Rඍඏඑඛගඍක in July of each year. Reimbursable lunches are those that meet the nutritional standards established in
7 CFR part 210, and that are reported to FNS, in accordance with the requirements in that part.
(d) Donated food values used to credit distributing agency entitlement levels. FNS uses the average price (cost per pound)
for USDA purchases of donated food made in a contract period to credit distributing agency entitlement levels.
(e) Cash in lieu of donated foods. States that phased out their food distribution facilities prior to July 1, 1974, are permitted
to choose to receive cash in lieu of the donated foods to which they would be entitled in NSLP, in accordance with the Richard
B. Russell National School Lunch Act (42 U.S.C. 1765) and with 7 CFR part 240.
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§250.57 Commodity schools.
(a) Categorization of commodity schools. Commodity schools are schools that operate a nonprofit school food service in
accordance with 7 CFR part 210, but receive additional donated food assistance rather than the general cash payment
available to them under Section 4 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753). In addition to
requirements in this part relating to donated foods, commodity schools must adhere to Federal regulations in 7 CFR part 210,
as applicable.

(b) Value of donated foods for commodity schools. For participating commodity schools, the distributing agency receives
donated foods valued at the sum of the national per-meal value and the value of the general cash payment available to it under
Section 4 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753), multiplied by the number of reimbursable
lunches served by commodity schools in the previous school year. From the total value of donated food assistance for which it
is eligible, a commodity school may elect to receive up to 5 cents per meal in cash to cover processing and handling expenses
related to the use of donated foods. In addition to Section 6 and Section 14 foods under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1755 and 1762(a)), the distributing agency may also receive donated foods under Section 32 (7 U.S.C.
612c), Section 416 (7 U.S.C. 1431), or Section 709 (7 U.S.C. 1446a-1), as available, for commodity schools.
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§250.58 Ordering donated foods and their provision to school food authorities.
(a) Ordering and distribution of donated foods. The distributing agency must ensure that school food authorities are able to
submit donated food orders through the FNS electronic donated foods ordering system, or through a comparable electronic
food ordering system. The distributing agency must ensure that all school food authorities have the opportunity to provide input
at least annually in determining the donated foods from the full list that are made available to them for ordering in the FNS
electronic donated foods ordering system or other comparable electronic ordering system. The distributing agency must ensure
distribution to school food authorities of all such ordered donated foods that may be distributed to them in a cost-effective
manner (including the use of split shipments, as necessary), and that they may utilize efficiently and without waste.
(b) Value of donated foods offered to school food authorities. In accordance with Section 6(c) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755(c)), the distributing agency must offer the school food authority, at a minimum, the
national per-meal value of donated food assistance multiplied by the number of reimbursable lunches served by the school food
authority in the previous school year. This is referred to as the commodity offer value. For a commodity school, the distributing
agency must offer the sum of the national per-meal value of donated foods and the value of the general cash payment available
to it under Section 4 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753), multiplied by the number of
reimbursable lunches served by the school in the previous school year. The school food authority may also receive bonus
foods, as available, in addition to the Section 6 foods.
(c) Receipt of less donated foods than the commodity offer value. In certain cases, the school food authority may receive
less donated foods than the commodity offer value in a school year. This “adjusted” value of donated foods is referred to as the
adjusted assistance level. For example, the school food authority may receive an adjusted assistance level if:
(1) The distributing agency, in consultation with the school food authority, determines that the school food authority cannot
efficiently utilize the commodity offer value of donated foods; or
(2) The school food authority does not order, or select, donated foods equal to the commodity offer value that can be costeffectively distributed to it.
(d) Receipt of more donated foods than the commodity offer value. The school food authority may receive more donated
foods than the commodity offer value if the distributing agency, in consultation with the school food authority, determines that
the school food authority may efficiently utilize more donated foods than the commodity offer value, and more donated foods
are available for distribution. This may occur, for example, if other school food authorities receive less than the commodity offer
value of donated foods for one of the reasons described in paragraph (c) of this section.
(e) Donated food value in crediting. In meeting the commodity offer value of donated foods for the school food authority, the
distributing agency must use the cost-per-pound donated food prices posted annually by USDA, the most recently published
cost-per-pound price in the USDA donated foods catalog, and/or a rolling average of the USDA prices (average cost per
pound). The distributing agency must credit the school food authority using the USDA purchase price (cost-per-pound), and
update the price at least semi-annually to reflect the most recent USDA purchase price.
[73 FR 46185, Aug. 8, 2008, as amended at 81 FR 23111, Apr. 19, 2016]

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§250.59 Storage, control, and use of donated foods.
(a) Storage and inventory management. The distributing agency must ensure compliance with requirements in §§250.12
and 250.13 in order to ensure the safe and effective storage and inventory management of donated foods, and their efficient
and cost-effective distribution to school food authorities. The school food authority must ensure compliance with requirements in
§210.13 of this chapter and §§250.13 and 250.14 to ensure the safe and sanitary storage, inventory management, and use of
donated foods and purchased foods. In accordance with §250.14(c), the school food authority may commingle donated foods
and purchased foods in storage and maintain a single inventory record of such commingled foods, in a single inventory
management system.
(b) Use of donated foods in the nonprofit school food service. The school food authority must use donated foods, as much
as is practical, in the lunches served to schoolchildren, for which they receive an established per-meal value of donated food
assistance each school year. However, the school food authority may also use donated foods in other activities of the nonprofit
school food service. Revenues received from such activities must accrue to the school food authority's nonprofit school food

service account, in accordance with §210.14 of this chapter. Some examples of such activities in which donated foods may be
used include:
(1) School breakfasts or other meals served in child nutrition programs;
(2) A la carte foods sold to schoolchildren;
(3) Meals served to adults directly involved in the operation and administration of the nonprofit school food service, and to
other school staff; and
(4) Training in nutrition, health, food service, or general home economics instruction for students.
(c) Use of donated foods outside of the nonprofit school food service. The school food authority should not use donated
foods in meals or other activities that do not benefit primarily schoolchildren, such as banquets or catered events. However, as
their use in such activities may not always be avoided (e.g., if donated foods are commingled with purchased foods in a single
inventory management system), the school food authority must ensure reimbursement to the nonprofit school food service for
the value of donated foods used in such activities. When such reimbursement may not be based on actual usage of donated
foods (e.g., in a single inventory management system), the school food authority must establish an alternate method of
reimbursement—e.g., by including the current per-meal value of donated food assistance in the price charged for the meal or
other activity.
(d) Use of donated foods in a contract with a food service management company. When the school food authority contracts
with a food service management company to conduct the food service, in accordance with §210.16 of this chapter, it must
ensure compliance with requirements in subpart D of this part, which address the treatment of donated foods under such
contract. The school food authority must also ensure compliance with the use of donated foods in paragraphs (b) and (c) of this
section under its contract with a food service management company.
(e) School food authorities acting as a collective unit. Two or more school food authorities may conduct activities of the
nonprofit school food service as a collective unit (e.g., in a school co-op or consortium), including activities relating to donated
foods. Such activities must be conducted in accordance with a written agreement or contract between the parties. The school
food authority collective unit is subject to the same requirements as a single school food authority in conducting such activities.
For example, the school food authority collective unit may use a single inventory management system in its storage and control
of purchased and donated foods.
[81 FR 23111, Apr. 19, 2016]

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§250.60 Child and Adult Care Food Program (CACFP).
(a) Distribution of donated foods in CACFP. The Department provides donated foods in CACFP to distributing agencies,
which provide them to child care and adult care institutions participating in CACFP for use in serving nutritious lunches and
suppers to eligible recipients. Distributing agencies and child care and adult care institutions must also adhere to Federal
regulations in 7 CFR part 226, as applicable.
(b) Types and quantities of donated foods distributed. For each school year, the distributing agency receives, at a
minimum, the national per-meal value of donated food assistance (or cash in lieu of donated foods) multiplied by the number of
reimbursable lunches and suppers served in the State in the previous school year, as established in Section 6(c) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1755(c)). The national per-meal value is adjusted each year to reflect changes
in the Bureau of Labor Statistic's Producer Price Index for Foods Used in Schools and Institutions. The adjusted per-meal value
is published in a notice in the Fඍඌඍකඉඔ Rඍඏඑඛගඍක in July of each year. Reimbursable lunches and suppers are those meeting
the nutritional standards established in 7 CFR part 226. The number of reimbursable lunches and suppers may be adjusted
during, or at the end of the school year, in accordance with 7 CFR part 226. In addition to Section 6 entitlement foods (42
U.S.C. 1755(c)), the distributing agency may also receive Section 14 donated foods (42 U.S.C. 1762(a)), and donated foods
under Section 32 (7 U.S.C. 612c), Section 416 (7 U.S.C. 1431), or Section 709 (7 U.S.C. 1446a-1), as available, for distribution
to child care and adult care institutions participating in CACFP.
(c) Cash in lieu of donated foods. In accordance with the Richard B. Russell National School Lunch Act, and with 7 CFR
part 226, the State administering agency must determine whether child care and adult care institutions participating in CACFP
wish to receive donated foods or cash in lieu of donated foods, and ensure that they receive the preferred form of assistance.
The State administering agency must inform the distributing agency (if a different agency) which institutions wish to receive
donated foods and must ensure that such foods are provided to them. However, if the State administering agency, in
consultation with the distributing agency, determines that distribution of such foods would not be cost-effective, it may, with the
concurrence of FNS, provide cash payments to the applicable institutions instead.
(d) Use of donated foods in a contract with a food service management company. A child care or adult care institution may
use donated foods in a contract with a food service management company to conduct its food service. The contract must meet
the requirements in subpart D of this part with respect to donated foods, and must also meet requirements in 7 CFR part 226, 2
CFR part 200, subpart D and appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and
USDA implementing regulations at 2 CFR parts 400 and 416, as applicable, with respect to the formation of such contracts.

(e) Applicability of other requirements in this subpart to CACFP. The requirements in this subpart relating to the ordering,
storage and inventory management, and use of donated foods in NSLP, also apply to CACFP. However, in accordance with 7
CFR part 226, a child care or adult care institution that uses donated foods to prepare and provide meals to other such
institutions is considered a food service management company.
[73 FR 46185, Aug. 8, 2008. Redesignated and amended at 81 FR 23112, Apr. 19, 2016]

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§250.61 Summer Food Service Program (SFSP).
(a) Distribution of donated foods in SFSP. The Department provides donated foods in SFSP to distributing agencies, which
provide them to eligible service institutions participating in SFSP for use in serving nutritious meals to needy children primarily
in the summer months, in their nonprofit food service programs. Distributing agencies and service institutions in SFSP must
also adhere to Federal regulations in 7 CFR part 225, as applicable.
(b) Types and quantities of donated foods distributed. The distributing agency receives donated foods available under
Section 6 and Section 14 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755 and 1762), and may also
receive donated foods under Section 32 (7 U.S.C. 612c), Section 416 (7 U.S.C. 1431), or Section 709 (7 U.S.C. 1446a-1), as
available, for distribution to eligible service institutions participating in SFSP. Section 6 donated foods are provided to
distributing agencies in accordance with the number of meals served in the State in the previous school year that are eligible for
donated food support, in accordance with 7 CFR part 225.
(c) Distribution of donated foods to service institutions in SFSP. The distributing agency provides donated food assistance
to eligible service institutions participating in SFSP based on the number of meals served that are eligible for donated food
support, in accordance with 7 CFR part 225.
(d) Use of donated foods in a contract with a food service management company. A service institution may use donated
foods in a contract with a food service management company to conduct the food service. The contract must meet the
requirements in subpart D of this part with respect to donated foods, and must also meet requirements in 7 CFR part 225, 2
CFR part 200, subpart D and appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and
USDA implementing regulations at 2 CFR parts 400 and 416, as applicable, with respect to the formation of such contracts.
(e) Applicability of other requirements in this subpart to SFSP. The requirements in this subpart relating to the ordering,
storage and inventory management, and use of donated foods in NSLP, also apply to SFSP.
[73 FR 46185, Aug. 8, 2008. Redesignated and amended at 81 FR 23112, Apr. 19, 2016]

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Subpart F—Household Programs
S඗ඝකඋඍ: 81 FR 23112, Apr. 19, 2016, unless otherwise noted.

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§250.63 Commodity Supplemental Food Program (CSFP).
(a) Distribution of donated foods in CSFP. The Department provides donated foods in CSFP to the distributing agency (i.e.,
the State agency, in accordance with 7 CFR part 247) for further distribution in the State, in accordance with 7 CFR part 247.
State agencies and recipient agencies (i.e., local agencies in 7 CFR part 247) must comply with the requirements of this part in
the distribution, control, and use of donated foods in CSFP, to the extent that such requirements are not inconsistent with the
requirements in 7 CFR part 247.
(b) Types of donated foods distributed. Donated foods distributed in CSFP include Section 4(a) foods, and donated foods
provided under Section 32, Section 416, or Section 709, as available.
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§250.64 The Emergency Food Assistance Program (TEFAP).
(a) Distribution of donated foods in TEFAP. The Department provides donated foods in TEFAP to the distributing agency
(i.e., the State agency, in accordance with 7 CFR part 251) for further distribution in the State, in accordance with 7 CFR part
251. State agencies and recipient agencies must comply with the requirements of this part in the distribution, control, and use of
donated foods, to the extent that such requirements are not inconsistent with the requirements in 7 CFR part 251.
(b) Types of donated foods distributed. Donated foods distributed in TEFAP include Section 27 foods, and donated foods
provided under Section 32, Section 416, or Section 709, as available.
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§250.65 Food Distribution Program on Indian Reservations (FDPIR).
(a) Distribution of donated foods in FDPIR. The Department provides donated foods in FDPIR to the distributing agency
(i.e., the State agency, in accordance with 7 CFR parts 253 and 254, which may be an Indian Tribal Organization) for further
distribution, in accordance with 7 CFR parts 253 and 254. The State agency must comply with the requirements of this part in
the distribution, control, and use of donated foods, to the extent that such requirements are not inconsistent with the
requirements in 7 CFR parts 253 and 254.
(b) Types of donated foods distributed. Donated foods distributed in FDPIR include Section 4(a) foods, and donated foods
provided under Section 32, Section 416, or Section 709, as available.
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§250.66 [Reserved]
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Subpart G—Additional Provisions
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§250.67 Charitable institutions.
(a) Distribution to charitable institutions. The Department provides donated foods to distributing agencies for distribution to
charitable institutions, as defined in this part. A charitable institution must have a signed agreement with the distributing agency
in order to receive donated foods, in accordance with §250.12(b). However, the following organizations may not receive
donated foods as charitable institutions:
(1) Schools, summer camps, service institutions, and child and adult care institutions that participate in child nutrition
programs or as commodity schools; and
(2) Adult correctional institutions that do not conduct rehabilitation programs for a majority of inmates.
(b) Types of charitable institutions. Some types of charitable institutions that may receive donated foods, if they meet the
requirements of this section, include:
(1) Hospitals or retirement homes;
(2) Emergency shelters, soup kitchens, or emergency kitchens;
(3) Elderly nutrition projects or adult day care centers;
(4) Schools, summer camps, service institutions, and child care institutions that do not participate in child nutrition
programs; and
(5) Adult correctional institutions that conduct rehabilitation programs for a majority of inmates.
(c) Determining service to predominantly needy persons. To determine if a charitable institution serves predominantly
needy persons, the distributing agency must use:
(1) Socioeconomic data of the area in which the organization is located, or of the clientele served by the organization;
(2) Data from other public or private social service agencies, or from State advisory boards, such as those established in
accordance with 7 CFR 251.4(h)(4); or
(3) Other similar data.
(d) Types and quantities of donated foods distributed. A charitable institution may receive donated foods under Section
4(a), Section 32, Section 416, or Section 709, as available. The distributing agency must distribute donated foods to charitable
institutions based on the quantities that each may effectively utilize without waste, and the total quantities available for
distribution to such institutions.
(e) Contracts with food service management companies. A charitable institution may use donated foods in a contract with a
food service management company. The contract must ensure that all donated foods received for use by the charitable
institution in a fiscal year are used in the charitable institution's food service. However, the charitable institution is not subject to
the other requirements in subpart D of this part relating to the use of donated foods under such contracts.
[73 FR 46184, Aug. 8, 2008]

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§250.68 Nutrition Services Incentive Program (NSIP).
(a) Distribution of donated foods in NSIP. The Department provides donated foods in NSIP to State Units on Aging and their
selected elderly nutrition projects for use in providing meals to elderly persons. NSIP is administered at the Federal level by
DHHS' Administration for Community Living (ACL), which provides an NSIP grant each year to State Units on Aging. The State
agencies may choose to receive all, or part, of the grant as donated foods, on behalf of its elderly nutrition projects. The
Department is responsible for the purchase of the donated foods and their delivery to State Units on Aging. ACL is responsible
for transferring funds to the Department for the cost of donated food purchases and for expenses related to such purchases.
(b) Types and quantities of donated foods distributed. Each State Unit on Aging, and its elderly nutrition projects, may
receive any types of donated foods available in food distribution or child nutrition programs, to the extent that such foods may
be distributed cost-effectively. Each State Unit on Aging may receive donated foods with a value equal to its NSIP grant. Each
State Unit on Aging and elderly nutrition project may also receive donated foods under Section 32, Section 416, and Section
709, as available, and under Section 14 (42 U.S.C. 1762(a)).
(c) Role of distributing agency. The Department delivers NSIP donated foods to distributing agencies, which distribute them
to elderly nutrition projects selected by each State Unit on Aging. The distributing agency may only distribute donated foods to
elderly nutrition projects with which they have signed agreements. The agreements must contain provisions that describe the
roles of each party in ensuring that the desired donated foods are ordered, stored, and distributed in an effective manner.
(d) Donated food values used in crediting a State Unit on Aging's NSIP grant. FNS uses the average price (cost per pound)
for USDA purchases of a donated food made in a contract period in crediting a State Unit on Aging's NSIP grant.
(e) Coordination between FNS and ACL. FNS and ACL coordinate their respective roles in NSIP through the execution of
annual agreements. The agreement ensures that ACL transfers funds to FNS sufficient to purchase the donated foods
requested by State Units on Aging, and to meet expenses related to such purchases. The agreement also authorizes FNS to
carry over any such funds that are not used in the current fiscal year to make purchases of donated foods for the appropriate
State Units on Aging in the following fiscal year.
[81 FR 23113, Apr. 19, 2016]

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§250.69 Disasters.
(a) Use of donated foods to provide congregate meals. The distributing agency may provide donated foods from current
inventories, either at the distributing or recipient agency level, to a disaster organization (as defined in §250.2), for use in
providing congregate meals to persons in need of food assistance as a result of a Presidentially declared disaster or emergency
(hereinafter referred to collectively as a “disaster”). FNS approval is not required for such use. However, the distributing agency
must notify FNS that such assistance is to be provided, and the period of time that it is expected to be needed. The distributing
agency may extend such period of assistance as needs dictate, but must notify FNS of such extension.
(b) Use of donated foods for distribution to households. Subject to FNS approval, the distributing agency may provide
donated foods from current inventories, either at the distributing or recipient agency level, to a disaster organization, for
distribution to households in need of food assistance because of a disaster. Such distribution may continue for the period that
FNS has determined to be necessary to meet the needs of such households. However, households receiving disaster SNAP
(D-SNAP) benefits are not eligible to receive such donated food assistance.
(c) Approval of disaster organization. Before distribution of donated foods to a disaster organization, the distributing agency
must review and approve such organization's application in accordance with applicable FNS guidance, which must be
submitted to the distributing agency either electronically or in written form. The distributing agency must also submit such
application to FNS for review and approval before permitting distribution of donated foods to households.
(1) The disaster organization's application must, to the extent possible, include the following information:
(i) A description of the disaster situation;
(ii) The number of people requiring assistance;
(iii) The period of time for which donated foods are requested;
(iv) The quantity and types of food needed; and
(v) The number and location of sites where donated foods are to be used, to the extent that such information is known.
(2) In addition to the information required in paragraph (c)(1) of this section, disaster organizations applying to distribute
donated foods to households must include the following information in their application:
(i) An explanation as to why such distribution is needed;
(ii) The method(s) of distribution available; and

(iii) A statement assuring that D-SNAP benefits and donated food assistance will not be provided simultaneously to
individual households, and a description of the system that will be implemented to prevent such dual participation.
(d) Information from households. If the issuance of D-SNAP benefits has been approved, the distributing agency must
ensure that the disaster organization obtains the following information from households receiving donated foods, and reports
such information to the distributing agency:
(1) The name and address of the household members applying for assistance;
(2) The number of household members; and
(3) A statement from the head of the household certifying that the household is in need of food assistance, is not receiving
D-SNAP benefits, and understands that the sale or exchange of donated foods is prohibited.
(e) Eligibility of emergency relief workers for congregate meals. The disaster organization may use donated foods to
provide meals to any emergency relief workers at the congregate feeding site who are directly engaged in providing relief
assistance.
(f) Reporting and recordkeeping requirements. The distributing agency must report to FNS the number and location of sites
where donated foods are used in congregate meals or household distribution as these sites are established. The distributing
agency must also report the types and amounts of donated foods from distributing or recipient agency storage facilities used in
disaster assistance, utilizing form FNS-292A, Report of Commodity Distribution for Disaster Relief, which must be submitted
electronically, within 45 days from the termination of disaster assistance. This form must also be used to request replacement of
donated foods, in accordance with paragraph (g) of this section. The distributing agency must maintain records of reports and
other information relating to disasters.
(g) Replacement of donated foods. In order to ensure replacement of donated foods used in disasters, the distributing
agency must submit to FNS a request for such replacement, utilizing form FNS-292A, Report of Commodity Distribution for
Disaster Relief, within 45 days following the termination of disaster assistance. The distributing agency may request
replacement of foods used from inventories in which donated foods are commingled with other foods (i.e., at storage facilities of
recipient agencies utilizing single inventory management), if the recipient agency received donated foods of the same type as
the foods used during the year preceding the onset of the disaster assistance. FNS will replace such foods in the amounts
used, or in the amount of like donated foods received during the preceding year, whichever is less.
(h) Reimbursement of transportation costs. In order to receive reimbursement for any costs incurred in transporting
donated foods within the State, or from one State to another, for use in disasters, the distributing agency must submit a public
voucher to FNS with documentation of such costs. FNS will review the request and reimburse the distributing agency.
[81 FR 23113, Apr. 19, 2016]

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§250.70 Situations of distress.
(a) Use of donated foods to provide congregate meals. The distributing agency may provide donated foods from current
inventories, either at the distributing or recipient agency level, to a disaster organization, for use in providing congregate meals
to persons in need of food assistance because of a situation of distress, as this term is defined in §250.2. If the situation of
distress results from a natural event (e.g., a hurricane, flood, or snowstorm), such donated food assistance may be provided for
a period not to exceed 30 days, without the need for FNS approval. However, the distributing agency must notify FNS that such
assistance is to be provided. FNS approval must be obtained to permit such donated food assistance for a period exceeding 30
days. If the situation of distress results from other than a natural event (e.g., an explosion), FNS approval is required to permit
donated food assistance for use in providing congregate meals for any period of time.
(b) Use of donated foods for distribution to households. The distributing agency must receive FNS approval to provide
donated foods from current inventories, either at the distributing or recipient agency level, to a disaster organization for
distribution to households in need of food assistance because of a situation of distress. Such distribution may continue for the
period of time that FNS determines necessary to meet the needs of such households. However, households receiving D-SNAP
benefits are not eligible to receive such donated food assistance.
(c) Approval of disaster organizations. Before distribution of donated foods to a disaster organization, the distributing
agency must review and approve such organization's application in accordance with applicable FNS guidance, which must be
submitted to the distributing agency either electronically or in written form. The distributing agency must also submit such
application to FNS for review and approval before permitting distribution of donated foods in a situation of distress that is not the
result of a natural event, or for any distribution of donated foods to households. The disaster organization's application must, to
the extent possible, include the information required in §250.69(c).
(d) Information from households. If the issuance of D-SNAP benefits has been approved, the distributing agency must
ensure that the disaster organization obtains the information in §250.69(d) from households receiving donated foods, and
reports such information to the distributing agency.

(e) Eligibility of emergency relief workers for congregate meals. The disaster organization may use donated foods to
provide meals to any emergency relief workers at the congregate feeding site that are directly engaged in providing relief
assistance.
(f) Reporting and recordkeeping requirements. The distributing agency must report to FNS the number and location of sites
where donated foods are used in congregate meals or household distribution as these sites are established. The distributing
agency must also report the types and amounts of donated foods from distributing or recipient agency storage facilities used in
the situation of distress, utilizing form FNS-292A, Report of Commodity Distribution for Disaster Relief, which must be submitted
electronically, within 45 days from the termination of assistance. This form must also be used to request replacement of donated
foods, in accordance with paragraph (g) of this section. The distributing agency must maintain records of reports and other
information relating to situations of distress.
(g) Replacement of donated foods. FNS will replace donated foods used in a situation of distress only to the extent that
funds to provide for such replacement are available. The distributing agency must submit to FNS a request for replacement of
such foods, utilizing form FNS-292A, Report of Commodity Distribution for Disaster Relief, which must be submitted
electronically, within 45 days from the termination of assistance. The distributing agency may request replacement of foods
used from inventories in which donated foods are commingled with other foods (i.e., at storage facilities of recipient agencies
utilizing single inventory management), if the recipient agency received donated foods of the same type as the foods used
during the year preceding the onset of the situation of distress. Subject to the availability of funds, FNS will replace such foods
in the amounts used, or in the amount of like donated foods received during the preceding year, whichever is less.
(h) Reimbursement of transportation costs. In order to receive reimbursement for any costs incurred in transporting
donated foods within the State, or from one State to another, for use in a situation of distress, the distributing agency must
submit a public voucher to FNS with documentation of such costs. FNS will review the request and reimburse the distributing
agency to the extent that funds are available.
[81 FR 23113, Apr. 19, 2016]

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§250.71 OMB control numbers.
Unless as otherwise specified in the table in this section, the information collection reporting and recordkeeping
requirements in 7 CFR part 250 are accounted for in OMB control number 0584-0293.
CFR Cite
§250.4(a)
§250.19(a)
§§250.69(f) and (g) and 250.70(f) and (g)

[81 FR 23114, Apr. 19, 2016]

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OMB Control No.
0584-0067
0584-0067, 0584-0293
0584-0067, 0584-0293