Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Agriculture Food and Nutrition Service
 AGENCY: Food and Nutrition Service, USDA.
 ACTION: Notice.
 SUMMARY: This notice announces the surplus and purchased foods that the Department expects to make available for donation to States for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program (TEFAP) in Fiscal Year (FY) 2021. The foods made available under this notice must, at the discretion of the State, be distributed to eligible recipient agencies (ERAs) for use in preparing meals and/or for distribution to households for home consumption.
 FOR FURTHER INFORMATION CONTACT: Rachel Schoenian, Policy Branch, Food Distribution Division, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, Alexandria, Virginia 22314 or telephone (703) 305-2937.


SUPPLEMENTARY INFORMATION: In accordance with the provisions set forth in the Emergency Food Assistance Act of 1983 (EFAA), 7 U.S.C. 7501, 
                    *et seq.,*
                     and the Food and Nutrition Act of 2008, 7 U.S.C. 2036, the Department makes foods available to States for use in providing nutrition assistance to those in need through TEFAP. In accordance with section 214 of the EFAA, 7 U.S.C. 7515, funding for TEFAP foods is allocated among States according to a formula that accounts for poverty and unemployment levels within each State. Section 214(a)(1) of the Act requires that 60 percent of each State's allocation be based on the number of people with incomes below the poverty level within the State; and Section 214(a)(2) requires that the remaining 40 percent be equal to the percentage of the nation's unemployed persons within the State. State officials are responsible for establishing the network through which the foods will be used by ERAs in providing nutrition assistance to those in need and for allocating foods among those ERAs. States have full discretion in determining the amount of foods that will be made available to ERAs for use in preparing meals and/or for distribution to households for home consumption. Surplus Foods Surplus foods donated for distribution under TEFAP are Commodity Credit Corporation (CCC) foods purchased under the authority of section 416 of the Agricultural Act of 1949, 7 U.S.C. 1431 (section 416) and foods purchased under the surplus removal authority of section 32 of the Act of August 24, 1935, 7 U.S.C. 612c (section 32). The types of foods typically purchased under section 416 include dairy, grains, oils, and peanut products. The types of foods purchased under section 32 include meat, poultry, fish, vegetables, dry beans, juices, and fruits. Additionally, in FY 2020, the Department used CCC authority in the CCC Charter Act of 1948, 15. U.S.C. 714, for the Food Purchase and Distribution Program (FPDP), under which surplus foods affected by trade retaliation were purchased for distribution through TEFAP and other federal nutrition programs. Approximately $496.54 million in surplus and $208.32 million in FPDP foods acquired in FY 2020 will be delivered to States in FY 2021. Surplus foods currently scheduled for delivery in FY 2021 include almonds, apples, beans, blueberries, butter, cheese, cherries, chicken, eggs, figs, grapefruit juice, grapes, haddock, hazelnuts, lentils, milk, mixed fruit, orange juice, oranges, peaches, pears, pecans, pistachios, ocean perch, plums, Alaska pollock, Atlantic pollock, pork, potatoes, raisins, raspberry puree, shrimp, tomato sauce, turkey, and walnuts. FPDP foods scheduled for delivery in FY 2021 include apples, beef, butter, cheese, chicken, corn, eggs, dried fruit mix, lamb, milk, mixed fruit, orange juice, oranges, peaches, plums, pork, and potatoes. Other surplus foods may be made available to TEFAP throughout the year. The Department would like to point out that food acquisitions are based on changing agricultural market conditions; therefore, the availability of foods is subject to change. Purchased Foods In accordance with section 27 of the Food and Nutrition Act of 2008, 7 U.S.C. 2036, the Secretary is directed to purchase an estimated $322.5 million worth of foods in FY 2021 for distribution through TEFAP. In addition, States will receive supplemental foods provided through the Families First Coronavirus Response Act (Pub. L. 116-127, FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. 116-136, CARES Act). $309.5 million was provided through the FFCRA and $314.9 million through the CARES Act for supplemental food purchases made in FY 2020 and FY 2021. These foods are made available to States in addition to those surplus and FPDP foods which otherwise might be provided to States for distribution under TEFAP. For FY 2021, the Department anticipates purchasing the foods listed in the following table for distribution through TEFAP. The amounts of each item purchased will depend on the prices the Department must pay, as well as the quantity of each item requested by the States. Changes in agricultural market conditions may result in the availability of additional types of foods or the non-availability of one or more foods listed in the table. FY 2021 USDA Foods Available List for The Emergency Food Assistance Program (TEFAP)
Fruits:Apples, Braeburn, FreshApples, Empire, FreshApples, Fuji, Fresh( print page 3989)Apples, Gala, FreshApples, Granny Smith, FreshApples, Red Delicious, FreshApples, FreshApple Juice, 100%, UnsweetenedApple Slices, Unsweetened, Frozen (IQF)Applesauce, Unsweetened, CannedApplesauce, Unsweetened, Cups, Shelf-StableApricots, Halves, Extra Light Syrup, CannedBlueberries, Highbush, FrozenCherry Apple Juice, 100%, UnsweetenedCranberry Apple Juice, 100%, UnsweetenedCranberries, Dried, Individual PortionFruit and Nut Mix, DriedGrape Juice, Concord, 100%, UnsweetenedGrapefruit Juice, 100%, UnsweetenedMixed Fruit, Extra Light Syrup, CannedOranges, FreshOrange Juice, 100%, UnsweetenedPeaches, Freestone, Slices, FrozenPeaches, Sliced, Extra Light Syrup, CannedPears, Bartlett, FreshPears, Bosc, FreshPears, D'Anjou, FreshPears, FreshPears, Extra Light Syrup, CannedPlums, Pitted, DriedRaisins, Unsweetened, Individual PortionRaisins, UnsweetenedDairy:Cheese, American, Reduced Fat, Loaves, RefrigeratedCheese, Cheddar, Yellow, Shredded, RefrigeratedMilk, 1%, Shelf-Stable UHTMilk, 1%, Individual Portion, Shelf-Stable UHTMilk, RefrigeratedVegetables:Beans, Green, Low-sodium, CannedCarrots, Diced, No Salt Added, FrozenCarrots, Sliced, Low-sodium, CannedCorn, Whole Kernel, No Salt Added, CannedCorn, Cream, Low sodium, CannedMixed Vegetables, 7-Way Blend, Low-sodium, CannedPeas, Green, Low-sodium, CannedPeas, Green, No Salt Added, FrozenPotatoes, Dehydrated FlakesPotatoes, Round, FreshPotatoes, Russet, FreshPotatoes, Sliced, Low-sodium, CannedPumpkin, No Salt Added, CannedSpaghetti Sauce, Low-sodium, CannedSpinach, Low-sodium, CannedSweet Potatoes, FreshTomato Juice, 100%, Low-sodiumTomato Sauce, Low-sodium, CannedTomato Sauce, Low-sodium, Canned (K) (H)Tomato Soup, Condensed, Low-sodium, CannedTomatoes, Diced, No Salt Added, CannedVegetable Soup, Condensed, Low-Sodium, CannedLegumes:Beans, Black, Low-sodium, CannedBeans, Black-eyed Pea, Low-sodium, CannedBeans, Black-eyed Pea, DryBeans, Garbanzo, CannedBeans, Great Northern, DryBeans, Kidney, Light Red, Low-sodium, CannedBeans, Kidney, Light Red, DryBeans, Lima, Baby, DryBeans, Pinto, Low-sodium, CannedBeans, Pinto, DryBeans, Refried, Low-sodium, CannedBeans, Vegetarian, Low-sodium, CannedLentils, DryPeas, Green Split, DryProtein Foods:( print page 3990)Alaska Pollock Fish, Whole Grain, Breaded Sticks, FrozenAlaska Pollock Fish, Fillets, FrozenBeef, Canned/PouchBeef, Fine Ground, 85% Lean/15% Fat, FrozenBeef, Fine Ground, 85% Lean/15% Fat, Frozen, LFTB OPT, FrozenBeef Stew, Canned/PouchCatfish, Fillets, FrozenChicken, PouchChicken, Split Breast, FrozenChicken, Whole, FrozenEggs, FreshEgg Mix, DriedPeanut Butter, SmoothPeanut Butter, Smooth (K)Peanut Butter, Smooth, Individual PortionPeanuts, Roasted, UnsaltedPork, Canned/PouchPork, Ham, FrozenPork, Chops, Boneless, FrozenSalmon, Pink, CannedSalmon, Pink, Canned (K)Tuna, Chunk Light, Canned (K)Oils:Oil, VegetableGrains:Bakery Mix, LowfatCereal, Corn FlakesCereal, Corn/Rice BiscuitsCereal, Corn SquaresCereal, Oat Circles (WG)Cereal, Rice CrispCereal, Wheat Bran Flakes (WG)Cereal, Wheat Farina, EnrichedCereal, Wheat, Shredded (WG)Crackers, UnsaltedFlour, All Purpose, Enriched, BleachedFlour, White Whole Wheat (WG)Grits, Corn, WhiteGrits, Corn, YellowOats, Rolled, Quick Cooking (WG)Pasta, Egg NoodlesPasta, Macaroni, EnrichedPasta, Macaroni (WG)Pasta, Macaroni and CheesePasta, Rotini (WG)Pasta, Spaghetti, EnrichedPasta, Spaghetti (WG)Rice, Brown, Long-Grain, Parboiled (WG)Rice, Medium GrainRice, Long GrainTortillas, Frozen (WG)Other:Soup, Cream of Chicken, Reduced SodiumSoup, Cream of Mushroom, Condensed, Reduced SodiumKey:H—Halal Certification RequiredK—Kosher Certification RequiredIQF—Individually Quick FrozenUHT—Ultra-High Temperature PasteurizationLFTB OTP—Lean Finely Textured Beef OptionalWG—Whole Grain
 Pamilyn Miller, Administrator, Food and Nutrition Service, USDA.


[FR Doc. 2021-00930 Filed 1-14-21; 8:45 am] BILLING CODE 3410-30-P