AppendixF-7CFR250.69-70

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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;
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(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
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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.

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(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)

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

[81 FR 23114, Apr. 19, 2016]

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