87228 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 247, 250, 251, 253, and 254 

[FNS–2023–0026] 

RIN 0584–AE92 

Food Distribution Programs: 

Improving Access and Parity 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Final rule. 

SUMMARY: This final rule considers 

public comments submitted in response 

to the proposed rule revising the 

Commodity Supplemental Food 

Program (CSFP), the Food Distribution 

Program on Indian Reservations 

(FDPIR), The Emergency Food 

Assistance Program (TEFAP), and USDA 

Foods disaster response regulations. 

This final rule makes access and parity 

improvements in USDA’s food 

distribution programs to support access 

for eligible populations and streamline 

requirements for program operators. 

DATES: 

Effective date: This rule is effective 

December 30, 2024. 

Implementation dates: See section 2 

of the SUPPLEMENTARY INFORMATION. 

This rulemaking consists of multiple 

provisions. Implementation for each 

provision is referenced in the 

SUPPLEMENTARY INFORMATION section of 

this final rule and detailed in the 

section-by-section analysis. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Walton, Program Analyst, Food 

Distribution Policy Branch, 

Supplemental Nutrition and Safety 

Programs, U.S. Department of 

Agriculture’s Food and Nutrition 

Service, 1320 Braddock Place, 3rd Floor, 

Alexandria, Virginia 22314 at 703–305– 

2746 or Gregory.Walton@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Section 1. Background and Discussion 

of the Final Rule 

The U.S. Department of Agriculture’s 

(the Department or USDA) Food and 

Nutrition Service (FNS) works to 

increase food security and reduce 

hunger through the administration of 16 

Federal nutrition assistance programs. 

Through the provision of food and 

administrative funding, USDA FNS food 

distribution programs assist the 

emergency feeding network—made up 

of thousands of food banks, food 

pantries, Tribal governments, and other 

community partners—in feeding those 

in need. 

In a proposed rule published in the 

Federal Register on August 14, 2023 (88 

FR 54908) (described hereafter as ‘‘the 

proposed rule’’), FNS proposed to 

amend food distribution regulations at 7 

CFR parts 247, 250, 251, 253, and 254 

to make access and parity improvements 

within the Commodity Supplemental 

Food Program (CSFP), the Food 

Distribution Program on Indian 

Reservations (FDPIR), The Emergency 

Food Assistance Program (TEFAP), and 

USDA Foods disaster response. Based 

on comments received in response to 

the proposed rule, USDA is finalizing 

regulatory changes with the following 

overall aims: 

• Increasing access to food 

distribution programs so eligible 

individuals can more easily receive the 

nutrition resources they need, and 

program operators can more easily 

provide those resources; 

• Increasing parity between FDPIR 

and the Supplemental Nutrition 

Assistance Program (SNAP); 

• Modernizing program operations by 

updating some outdated terminology 

and processes; 

• Updating regulations to be 

consistent with current program 

operations and building in flexibility for 

future changes; and 

• Incorporating lessons learned from 

implementing these critical programs 

during the COVID–19 pandemic. 

Section II. Public Comments and USDA 

Response 

During the 60-day comment period on 

the proposed rule (August 14—October 

13, 2023), USDA received a total of 155 

comments. The Department appreciates 

the comments provided and carefully 

considered these in the development of 

this final rule. 

All comments were considered 

without regard to whether they were 

provided by a single commenter or 

repeated by many. Importance was 

given to the substance or content of the 

comment, rather than the number of 

times a comment was submitted. Of the 

155 comments, 11 were duplicate or 

non-germane submissions, resulting in 

144 relevant comments. All comments 

are posted online at (see docket FNS– 

2023–0026, Food Distribution Programs: 

Improving Access and Parity). Relevant 

comments were submitted by State and 

local agencies, Indian Tribal 

Organizations (ITOs), advocacy 

organizations, nongovernmental 

organizations, and other interested 

parties, including food banks, 

professional and trade associations, the 

research community, and individual 

commenters and members of the public. 

Comments that did not refer to the 

changes in the proposed rule were 

considered outside of scope and are not 

addressed as part of this final rule. 

Overall, five comments fully 

supported the proposed rule generally 

and one comment opposed it. The 

remaining comments were either mixed 

or only referenced and supported 

specific provisions. Additional detail on 

the comments received for provisions in 

the proposed rule are below. 

A. Commodity Supplemental Food 

Program 

I. Technical Updates to the Entire Part 

247 

This final rule codifies technical 

updates to 7 CFR part 247 as proposed. 

The Department is replacing the term 

‘‘elderly’’ with ‘‘participants’’ because, 

under the Agricultural Act of 2014 (Pub. 

L. 113–79), as of February 2020, CSFP 

is limited to participation by senior 

adults aged 60 years and above. In 

§ 247.2, the Department is removing 

reference to women, infants, and 

children receiving CSFP benefits as they 

are no longer a part of the program. 

Additionally, the Department is 

replacing the outdated term 

‘‘commodities’’ with ‘‘USDA Foods’’ to 

better reflect current terminology and 

align with the newly proposed 

definition of USDA Foods in 7 CFR 

247.1 (See II. Updates to Definitions). 

This technical update does not change 

any current requirements and is simply 

a change in terminology. 

Public Comments and USDA Response 

The Department received 21 

comments that were all supportive of 

the technical updates to 7 CFR part 247. 

Commenters supporting the changes 

included: 4 State agencies, 7 advocacy 

groups, 5 program operators, and 5 

individuals. One commenter discussed 

that updating the term ‘‘elderly’’ to 

‘‘participants’’ would align with the use 

of person-centered language. 

Commenters in support of updating the 

term ‘‘commodities’’ to ‘‘USDA Foods’’ 

discussed how the technical updates 

will reduce confusion at the local 

agency level when identifying foods 

procured through USDA. 

One State agency commenter 

requested clarification or technical 

guidance on which foods are solely 

eligible for CSFP versus other USDA 

Foods programs. The commenter stated 

that all of the foods in each program 

would be considered USDA Foods after 

this update is finalized. Per § 250.12(b), 

distributing agencies must ensure that 

USDA Foods at all storage facilities 

(including subdistributing agencies) are 

stored in a manner that permits them to 

be distinguished from other foods, and 


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must ensure that a separate inventory 

record of USDA Foods is maintained. 

Thus, State agencies must store USDA 

Foods provided for CSFP separately 

from USDA Foods provided for any 

other program (e.g., TEFAP) and must 

use those foods solely for the operation 

of CSFP. 

II. Updates to Definitions (§ 247.1) 

This final rule codifies the updated 

definitions in § 247.1 as proposed. The 

Department is adding a new definition 

for the term ‘‘USDA Foods’’ to replace 

the outdated definition of 

‘‘commodities’’ and align 7 CFR part 

247 with current terminology. The 

Department is deleting the definition of 

‘‘elderly persons’’ since § 247.9(a) 

specifies CSFP-eligible individuals must 

be at least 60 years of age and because 

the term ‘‘elderly persons’’ is being 

replaced throughout the part. Finally, 

the Department is updating the 

definition of ‘‘proxy’’ to exclude a 

‘‘participant’s adult parent’’ because 

children are no longer eligible to 

participate in CSFP under the 

Agricultural Act of 2014 (Pub. L. 113– 

79). 

Public Comments and USDA Response 

The Department received 21 

comments that were all supportive of 

updating the definitions in § 247.1. 

Commenters supporting the change 

included: 4 State agencies, 7 advocacy 

groups, 5 program operators, and 5 

individuals. The update to the 

definitions in § 247.1 reflects the 

technical updates discussed above (See 

I. Technical Updates to the Entire Part 

247). Commenters noted these updates 

reflect current practices in the program 

and the change to the term ‘‘USDA 

Foods’’ provides clarity and consistency 

with other USDA programs while 

potentially reducing confusion at the 

local agency level when identifying 

USDA Foods. The Department concurs 

with commenters who stated that the 

proposed changes to § 247.1 will update 

the program to use current terminology 

and provide clarity and consistency 

with other USDA food distribution 

programs. 

One commenter suggested expanding 

the definition of ‘‘proxy’’ to allow for 

proxies during certification and remove 

an access barrier to the program. The 

Department is not expanding the 

definition of ‘‘proxy’’ for certification 

periods as State agencies may already 

permit the use of proxies during 

certification and recertification. 

III. Public Posting of Availability of 

USDA Foods (§ 247.5) 

This final rule codifies the proposed 

provision at § 247.5(b)(16) with 

modification to require that State 

agencies make available a list of CSFP 

local agencies, excluding agencies 

operating under an agreement with a 

local agency, on a publicly available 

internet web page. The State agency 

must post the name, address, and 

telephone number for each local agency. 

The list must be updated, at a 

minimum, on an annual basis. This is a 

revision from the proposed provision, 

which would have required State 

agencies to make publicly available a 

list of all CSFP distribution sites, 

including both local agencies and 

agencies operating under an agreement 

with a local agency. State agencies must 

implement this provision by October 31, 

2025, a revision from the proposed 60- 

day implementation timeline which 

acknowledges the need for additional 

time to implement the new requirement. 

Public Comments and USDA Response 

The Department received 33 

comments, 23 of which were supportive 

of the proposed changes and 10 that 

were unsupportive. Commenters 

supporting the proposed change 

included: 4 State agencies, 6 advocacy 

groups, 8 program operators and 2 

individuals. Unsupportive comments 

were received from: 5 State agencies, 1 

advocacy group, 4 program operators 

and 1 individual. 

Many commenters in support of the 

proposal discussed how this change 

would help potential applicants find 

food assistance during non-work hours 

and based on residency. Other 

commenters in support of the proposal 

pointed out that many State agencies 

currently list distribution sites on their 

public website and so this change 

would reflect current practice for many 

State agencies while increasing 

awareness of the program. Several 

commenters stated that to be effective, 

it is vital to keep distribution site 

information up-to-date and accurate. 

However, several commenters raised 

concerns with the feasibility and 

practicality of this proposed 

requirement and offered alternative 

approaches. Some commenters pointed 

out that for some State agencies, posting 

every distribution site on a State 

agency’s website might not be a 

practical requirement, since distribution 

sites change periodically, causing the 

list to potentially be outdated quickly. 

Others pointed out that distribution 

sites may not have caseload available for 

potential applicants and may not have 

the capability to answer phone calls or 

handle on site arrivals as a result of 

posting this information publicly. Some 

commenters proposed alternative 

approaches, including allowing State 

agencies to refer potential applicants 

directly to local agencies instead of 

maintaining the list of distribution sites 

at the State level. Others suggested 

requiring only posting of permanent site 

locations, a single lead agency, or one 

point of contact. One commenter 

suggested offering technology grants to 

support infrastructure updates, phasing 

in the requirement over time, aligning 

State Plan requirements with public 

information requirements, and for FNS 

to consider allowing State agencies to 

link to local agency websites that might 

be in a better position to provide current 

and updated information. Another 

commenter suggested the Department 

use language that State agencies 

‘‘ensure’’ sites are posted without 

dictating the State agency maintain 

ownership of the website. 

Public posting of CSFP distribution 

sites is intended to promote program 

access and help potential CSFP 

participants find their closest 

distribution sites. However, public 

comments noted the proposed provision 

could cause confusion if the list of CSFP 

distribution sites becomes outdated or 

inaccurate. The Department 

acknowledges that for State agencies 

with many small distribution sites, the 

requirement to post all CSFP 

distribution sites may not be beneficial 

as the list could become outdated as 

distribution sites open and close. As 

such, the Department modifies this 

proposed provision to require State 

agencies to make a list of CSFP local 

agencies publicly available. This 

revision reduces the administrative 

burden on State agencies to post 

information on all distribution sites 

while helping potential CSFP applicants 

locate local agencies, that may then 

direct potential applicants to 

distribution sites and ultimately 

increase program access. 

State agencies are still encouraged, 

but not required, to post more frequent 

updates as they are needed and include 

additional information, such as 

operating hours, links to local agency 

websites, and information on 

distribution sites. State agencies are also 

encouraged, but not required, to develop 

tools to aid eligible individuals in 

accessing the program (e.g., a searchable 

tool by ZIP code). State agencies are 

encouraged to share any online 

resources they create with other 

organizations that serve CSFP-eligible 

individuals. 


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IV. State Plan Requirement (§§ 247.6(a) 

and 247.5(b)(17)) 

This final rule codifies the 

requirement that State agencies make 

publicly available the State Plan that is 

currently in use by the State agency on 

an internet web page as proposed. This 

modernizes the current requirement at 7 

CFR 247.6(a) that State agencies must 

keep a copy of the State Plan on file at 

the State agency for public inspection. 

This final rule also codifies as proposed 

a related provision at § 247.5(b)(17), 

which requires State agencies to make 

publicly available the State Plan that is 

currently in use by the State agency on 

an internet web page. State agencies 

must implement this provision no later 

than 12 months after the date of 

publication of the final rule in the 

Federal Register. 

Public Comments and USDA Response 

The Department received 19 

comments, 16 of which were supportive 

of the proposed changes and 3 that were 

unsupportive. Commenters supporting 

the proposed change included: 2 State 

agencies, 3 advocacy groups, 2 food 

bank associations, 8 program operators 

and 1 individual. Unsupportive 

commenters included: 1 State agency, 1 

advocacy group, and 1 individual. 

Commenters supporting the proposed 

change expressed the new requirement 

would increase program transparency 

and increase awareness of the program. 

Unsupportive commenters had concerns 

the proposed change would create an 

undue administrative burden, and one 

suggested USDA post State Plans on its 

own website. 

The Department recognizes there is an 

administrative burden associated with 

posting the State Plan on a publicly 

available internet web page. However, 

the Department estimates this burden 

will be modest and believes this is 

outweighed by the benefits of increasing 

transparency and awareness of the 

program and modernizing the current 

requirement that the State Plan be 

available for public inspection. A 

number of State agencies already post 

their State Plan on a publicly available 

website. However, for the State agencies 

posting their State Plan for the first 

time, FNS will provide guidance on the 

timing of when State Plans need to be 

posted to a website, giving direction and 

time to State agencies to comply with 

this change by the implementation date 

of 12 months after the date of 

publication of this final rule. 

V. Eligibility Requirements (§ 247.9) 

This final rule codifies the increase to 

the CSFP maximum income eligibility 

guidelines to 150 percent of the U.S. 

Federal Poverty Guidelines published 

annually by the U.S. Department of 

Health and Human Services (HHS) at 

§ 247.9(a) as proposed. This is an 

increase from the prior limit of 130 

percent of the U.S. Federal Poverty 

Guidelines. 

In addition to the proposed change to 

increase CSFP’s maximum income 

eligibility guidelines to 150 percent of 

the U.S. Federal Poverty Guidelines 

without the addition of a medical 

deduction, the Department specifically 

requested public comments on an 

alternate level of 185 percent of the U.S. 

Federal Poverty Guidelines. 

Public Comments and USDA Response 

The Department received 88 

comments on this provision, all of 

which were in support of raising CSFP 

income eligibility guidelines. Of these 

commenters, 19 supported raising the 

income guidelines without specifying a 

new threshold, including 2 State 

agencies, 4 program operators, 1 

advocacy group, and 2 individuals. An 

additional 3 commenters supported 

raising the guidelines to 150 percent, 

including 1 State agency, 1 food bank 

association, and 1 program operator. 

The remaining 66 commenters 

supported raising the income guidelines 

to 185 percent, including 9 State 

agencies, 3 food bank associations, 10 

advocacy groups, 1 member of industry, 

22 program operators, and 21 

individuals. 

Many commenters discussed how an 

increase in the CSFP income eligibility 

limit would better serve residents in 

higher cost of living areas, those who 

have high medical expense costs, as 

well as participants living in remote, 

geographically isolated Tribal 

jurisdictions. Other supporters 

mentioned how nationwide inflation 

increases particularly affect CSFP’s 

target population, given that older 

individuals more often have fixed 

incomes compared to younger 

individuals. 

Specific to the 185 percent limit, 

commenters discussed how it would 

align the program with the Senior 

Farmers’ Market Nutrition Program 

(SFMNP) and reduce confusion for 

participants of both programs. 

Commenters also mentioned how a 185 

percent limit would align the program 

with other FNS food distribution 

programs. 

The Department agrees the proposed 

increase to 150 percent will help serve 

participants in higher cost of living or 

remote areas, those with higher medical 

expenses, and participants experiencing 

higher living costs due to increased 

inflation nationwide. 

While the Department appreciates 

feedback on the alternative level of 185 

percent, the Department’s priority is to 

provide CSFP benefits to seniors who 

are most in need. As a discretionary 

program that does not operate Statewide 

in most jurisdictions, the Department 

believes the income eligibility limit of 

150 percent of the U.S. Federal Poverty 

Guidelines best achieves this goal. 

VI. Changes to Identification Check at 

Distribution and Flexibility for 

Identification Verification (§§ 247.10(b) 

and 247.6(c)) 

This final rule codifies the changes to 

identification checks at distribution at 

§§ 247.10(b) and 247.6(c), as proposed, 

increasing flexibility for State agencies 

in verifying participant identity. At 

§ 247.10(b), the Department finalizes an 

update to the current requirement that 

each participant, or their proxy, present 

some form of identification before 

receiving USDA Foods, to instead 

require local agencies have a process in 

place, in accordance with State agency 

requirements, to verify the identity of a 

participant or their proxy before 

distributing USDA Foods. The 

Department also finalizes the associated 

change to § 247.6(c) as proposed to 

require State Plans have a description of 

the process in place to verify the 

identity of participants before receipt of 

USDA Foods. 

Public Comments and USDA Response 

The Department received 58 

comments relating to these provisions, 

all of which were supportive of the 

proposed change to grant more 

flexibility when checking the identity of 

CSFP participants, or their proxies, 

during the time of delivery of the CSFP 

food package. Commenters supporting 

the change included: 10 State agencies, 

11 advocacy groups and food bank 

associations, 1 member of industry, 23 

program operators and 13 individuals. 

Many supportive commenters discussed 

how the proposed change would 

modernize and streamline the current 

requirement and increase program 

access to individuals with disabilities, 

mobility issues, language barriers, and 

individuals that do not have 

identification. Other supportive 

commenters mentioned how service 

would be streamlined under the 

proposed change and how the change 

would lower the burden of delivering 

food packages and allow for greater use 

of technology. The Department agrees 

this change modernizes the 

identification requirement and 

streamlines program access for 


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participants with disabilities, mobility 

issues, language barriers, and those 

without identification. This change 

allows local agencies and participants 

more flexibility in verifying participant 

identity and supports State and local 

agencies in modernizing the program’s 

delivery methods, for example through 

innovative partnerships with third-party 

entities that deliver food packages 

directly to participants’ homes. These 

entities now have greater flexibility 

when verifying participants’ identity in 

line with the State’s requirements. 

Some commenters who supported the 

proposed provision also expressed a 

desire to remove identification 

verification completely from the 

program. Others requested examples of 

alternate materials that would satisfy 

this requirement and minimum 

thresholds for identity verification. State 

agencies have the flexibility to set their 

own parameters to verify the identity of 

participants or their proxies prior to 

distribution of food packages provided 

the method is in line with regulatory 

requirements, including that USDA 

Foods are only distributed to CSFP 

participants. FNS will provide 

additional guidance, including 

examples of how to meet this 

requirement, as part of the 

implementation of this final rule. 

VII. Request for Comment: Federal and 

State Programs Conferring Eligibility for 

CSFP 

This final rule codifies a new 

provision at § 247.9(b)(1) and (2) to give 

State agencies the option to allow CSFP 

participants to demonstrate eligibility 

for CSFP via participation in specific 

Federal programs or a State program 

with income limits at or under the CSFP 

threshold. 

State agencies may accept 

participation in the following Federal 

programs as demonstrating eligibility for 

CSFP: the Supplemental Nutrition 

Assistance Program (SNAP), the Food 

Distribution Program on Indian 

Reservations (FDPIR), Supplemental 

Security Income (SSI), the Low Income 

Subsidy Program (LIS), also known as 

Extra Help, and available under the 

Medicare Part D prescription drug 

program, and the Medicare Savings 

Program(s) (MSP). 

This final rule also allows State 

agencies to identify and accept 

participation in State level programs 

that have maximum income eligibility 

guidelines at or below the State’s 

maximum CSFP guidelines as 

demonstrating eligibility for CSFP. 

The Department sought feedback from 

CSFP State agencies, including ITOs, 

and the program community on this 

proposal through the proposed rule, and 

specifically on the following questions: 

1. Are there other Federal programs 

that you would like USDA to consider 

as options to demonstrate eligibility for 

CSFP? 

2. Should USDA consider an option 

for State agencies to have the flexibility 

to include State means-tested programs 

to demonstrate eligibility for CSFP? 

Public Comments and USDA Response 

The Department received 17 

comments that were all in support of 

considering participation in various 

programs at the Federal and State level 

as demonstrating eligibility for CSFP. 

Commenters supporting the change 

included: 5 State agencies, 4 advocacy 

groups, 5 program operators, and 3 

individuals. Commenters in support of 

this provision suggested that 

participation in the following Federal 

programs should demonstrate eligibility 

for CSFP: SNAP, SSI, FDPIR, the Low 

Income Home Energy Assistance 

Program (LIHEAP), the Senior Farmers’ 

Market Nutrition Program (SFMNP), the 

Housing Choice Voucher Program 

Section 8, Medicaid, the Children’s 

Health Insurance Program (CHIP), 

Medicare, and the Supplemental 

Nutrition Program for Women, Infants, 

and Children (WIC). 

One commenter suggested including 

programs with income limits above 

CSFP but did not suggest a limitation. 

Many commenters generally supported 

demonstrating eligibility for CSFP 

through participation in State-level 

programs with income limits at or below 

CSFP, and one commenter suggested the 

Michigan Housing Authority residence 

and utility assistance programs in their 

State. 

Given that the Department received 

fully supportive comments on this 

change, the Department codifies in this 

final rule a provision to give State 

agencies the option to allow 

participation in specific Federal 

programs and State level programs with 

income eligibility standards at or below 

the CSFP requirements to demonstrate 

eligibility for the program. This 

provision reduces the administrative 

burden on local agencies and 

participants and will not impose any 

program changes to State agencies 

which do not elect to implement this 

provision. Through the comment period 

and subsequent analysis, the 

Department identified programs outside 

of those listed in the request for 

comments in the proposed rule, such as 

LIS and MSP, and included those as 

additional Federal programs allowed to 

demonstrate CSFP income eligibility. 

VIII. Referral Materials for the Senior 

Farmers’ Market Nutrition Program 

(§ 247.14) 

This final rule codifies a new 

provision at § 247.14(a)(4) as proposed 

to require that local agencies, where 

applicable, share written information 

and referrals to the Senior Farmers’ 

Market Nutrition Program (SFMNP) 

with CSFP applicants. Section 247.14(a) 

currently requires that local agencies, as 

appropriate, provide applicants with 

written information and make referrals 

on various programs, including SNAP. 

CSFP and SFMNP work in tandem to 

serve the low-income senior population 

and the benefits provided by each 

program help meet the needs of seniors 

at nutritional risk. State agencies and 

other affected parties must implement 

this provision no later than 12 months 

after the date of publication of the final 

rule in the Federal Register. 

Public Comments and USDA Response 

The Department received 29 

comments for this provision, 25 of 

which were in support and 4 that were 

unsupportive. Commenters supporting 

the proposed provision included: 8 

State agencies, 9 advocacy groups and 

food bank associations, 5 program 

operators, and 3 individuals. 

Unsupportive commenters included: 1 

State agency and 1 local agency, 1 

individual, and 1 advocacy group. 

Supportive commenters discussed how 

CSFP participants who gain access to 

SFMNP could receive access to fresh 

produce that is not currently offered in 

CSFP. The Department concurs with 

commenters who stated that providing 

SFMNP referral materials to CSFP 

participants can help participants access 

SFMNP and potentially increase their 

consumption of fresh produce. 

Three commenters representing 

Indian Tribal Organizations requested 

FNS provide periodic updates on other 

CSFP or SFMNP program operators in 

their areas. The Department recognizes 

this information is important to support 

referrals and maintains publicly 

available contact information for CSFP 

and SFMNP State agency operators to 

facilitate connection between these 

programs. 

One commenter requested that 

SFMNP have dedicated caseload for 

CSFP participants to ensure access to 

the program, a change that would be 

outside the scope of this rulemaking. 

Other commenters requested a 

clarification on what ‘‘written’’ means 

in this provision, as many States operate 

in web-based communications and 

because printing materials may exhaust 

the limited budgets of implementing 


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agencies. One unsupportive commenter 

of this provision mentioned how, with 

labor shortages and other challenges, the 

benefit of this provision would not 

outweigh the cost of implementing it 

and how other program activities may 

be negatively impacted. Another 

commenter supported sharing 

information about SFMNP, but did not 

support formal referrals to other 

programs, due to it being an undue 

burden on local agencies. Another 

commenter mentioned how they do not 

support the provision as written because 

printing may not be available 

everywhere. The Department 

acknowledges that some State and local 

agencies have limited budgets and 

clarifies that for purposes of this 

provision, and in alignment with 

current CSFP policy, written materials 

can include electronic communications. 

In addition, this provision includes the 

language ‘‘where applicable’’ to ensure 

that SFMNP referrals do not need to 

occur in areas in which the program is 

not offered and in other instances when 

referrals are not applicable. 

IX. Nondiscrimination Statement 

Update (§ 247.37) 

The Department proposed an update 

to the nondiscrimination statement 

language at § 247.37 to state that CSFP 

must be operated in accordance with the 

most up-to-date USDA 

nondiscrimination statement. Because 

the nondiscrimination statement is 

applicable to multiple USDA programs, 

the Department has reconsidered its 

approach. The Department will not 

finalize the proposed provision in this 

rulemaking. The Department will 

instead consider options to address this 

in future rulemaking. 

Public Comments and USDA Response 

The Department received 4 comments 

on this proposed provision, all of which 

were in support of the proposed change, 

including 1 State agency, 2 advocacy 

groups, and 1 individual. Commenters 

highlighted how this proposed change 

would retain important 

nondiscrimination language while also 

ensuring that the most current USDA 

statement consistently remains official 

policy. The Department appreciates 

support for the proposed changes and 

will consider this feedback in future 

rulemaking addressing the 

nondiscrimination statement, with the 

goal of consistency across USDA 

programs. 

B. USDA Foods in Disasters and 

Situations of Distress 

I. Technical Updates to §§ 250.69 and 

250.70 

This final rule codifies the technical 

updates to §§ 250.69 and 250.70 as 

proposed, replacing the outdated terms 

‘‘commodities,’’ ‘‘food commodities,’’ 

‘‘donated commodities,’’ and ‘‘donated 

foods,’’ with ‘‘USDA Foods’’ to further 

align with the definition of ‘‘USDA 

Foods’’ in 7 CFR part 250. Technical 

updates also include reorganization for 

clarity. 

Public Comments and USDA Response 

The Department received 10 

comments that were all supportive of 

the proposed change. Commenters 

included: 4 State agencies, 3 advocacy 

groups, and 3 individuals. The 

Department concurs with the 

commenters that noted the terms being 

replaced are no longer a part of the 

program and are outdated, as well as the 

commenter noting the technical changes 

will mitigate and reduce confusion at 

the recipient agency level. 

II. Removal of Prohibition on 

Simultaneous Provision of USDA 

[Donated] Foods and D–SNAP During a 

Disaster (§§ 250.69(c)(2) and 250.70(d)) 

This final rule codifies the changes to 

§§ 250.69(c)(2) and 250.70(d) as 

proposed to remove the prohibition on 

the simultaneous distribution of USDA 

Foods and Disaster Supplemental 

Nutrition Assistance Program (D–SNAP) 

benefits to households during a disaster 

and situations of distress. The 

Department recognizes that immediate 

implementation of this provision may 

benefit State distributing agencies and 

recipients of USDA assistance during 

disasters. Because the removal of the 

dual participation prohibition removes a 

restriction, the Department is using the 

authority at 5 U.S.C. 553(d)(1) to make 

this provision effective immediately 

upon the date of publication of this final 

rule. 

Public Comments and USDA Response 

The Department received 24 

comments that were all supportive of 

the proposed change. Commenters 

included: 6 State agencies, 10 advocacy 

groups, 1 food bank association, 3 local 

agencies, and 4 individuals. Many 

commenters noted that this change 

would allow disaster assistance to run 

more seamlessly and be more 

streamlined while also acknowledging 

that a person’s ability to access grocery 

stores or food distributions varies 

depending on the type of emergency. 

The Department concurs with 

commenters that this change allows for 

more efficient disaster assistance and for 

expedited distribution of foods during 

times of high need. 

III. Clarification of Requirements for 

Distribution of USDA Foods During a 

Disaster and Situations of Distress 

(§§ 250.69 and 250.70) 

This rule codifies the clarification of 

requirements for the distribution of 

USDA Foods during a disaster at 

§ 250.69 and during situations of 

distress at § 250.70 as proposed. The 

reorganization of §§ 250.69 and 250.70 

clarifies which requirements in the 

section apply to approval of disaster 

organizations serving congregate meals 

and which requirements apply to 

disaster organizations providing USDA 

Foods for household consumption, as 

follows: 

• Congregate meals language from 

§ 250.69(c) and the entirety of 

§ 250.69(e) will be consolidated at 

§ 250.69(a); 

• Household distribution language 

from § 250.69(c) and the entirety of 

§ 250.69(d) will be consolidated at 

§ 250.69(b); and 

• Section 250.69(f) through (h), which 

apply to both methods of distribution, 

are redesignated to § 250.69(d) 

Reporting and recordkeeping 

requirements, § 250.69(e) Replacement 

of USDA Foods, and § 250.69(f) 

Reimbursement of transportation costs, 

respectively. 

• Language from § 250.70(c) and the 

entirety of § 250.70(e) will be 

consolidated into a single provision at 

§ 250.70(a) to clarify the use of USDA 

Foods in congregate meals. 

• All language relevant to distribution 

to households, including language from 

§ 250.70(c) and the entirety of 

§ 250.70(d), will be consolidated into a 

single provision at § 250.70(b) to clarify 

the use of USDA Foods for distribution 

to households. 

• Section 250.70(f) Reporting and 

recordkeeping requirements, § 250.70(g) 

Replacement of donated foods, and 

§ 250.70(h) Reimbursement of 

transportation costs, which apply to 

both methods of distribution, will 

remain separate and will be 

redesignated to § 250.70(d) Reporting 

and recordkeeping requirements, 

Section 250.70(e) Replacement of 

donated foods, and § 250.70(f) 

Reimbursement of transportation costs, 

respectively. 

Public Comments and USDA Response 

The Department received 10 

comments that were all supportive of 

the proposed change. Commenters 

included: 3 State agencies, 4 advocacy 


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groups, and 3 individuals. Commenters 

generally supported this provision along 

with the other technical changes 

proposed to §§ 250.69 and 250.70 as 

these changes make it easier to 

understand the regulations and provide 

disaster assistance. 

IV. Limitation on Impacts to Other 

Programs (§§ 250.69(c) and 250.70(c)) 

This final rule codifies the provisions 

at §§ 250.69(c) and 250.70(c) as 

proposed to ensure the operation of 

congregate meals service and/or disaster 

household distribution, including in 

situations of distress, is not 

administered in lieu of regular program 

operations, nor does it negatively 

impact the distribution of USDA Foods 

through other programs within a 

distributing agency’s jurisdiction. USDA 

Foods for disaster response activities are 

typically drawn from local USDA Foods 

inventories that support permanent 

programs such as TEFAP. This 

provision ensures that distributing 

agencies consider the operation of other 

USDA Foods programs when making 

decisions about using USDA Foods for 

disaster response activities. 

Public Comments and USDA Response 

The Department received 10 

comments, 3 of which were supportive 

(1 State agency and 2 advocacy groups), 

1 unsupportive (advocacy group), and 6 

that requested additional clarification (2 

State agencies, 3 local agencies, and 1 

food bank association). The commenters 

requesting clarification stated that the 

proposed provision was written 

ambiguously and requested that FNS 

define what would qualify as an 

‘‘ongoing negative impact’’ and what is 

considered a ‘‘limitation on impacts to 

other programs.’’ Commenters 

mentioned how, without thresholds as 

to what a negative impact is, 

distributing agencies will be unable to 

enforce the provision. The Department 

clarifies that to ensure the operation of 

congregate meals service and/or disaster 

household distribution in situations of 

distress or during disasters is not 

administered in lieu of regular program 

operations, distributing agencies should 

only administer a USDA Foods in 

disaster response if USDA Food 

inventory levels of other programs, such 

as FDPIR and TEFAP, are sufficient to 

maintain and continue food distribution 

of those programs at the same levels 

prior to diverting USDA Foods for 

disaster response. 

Additionally, negative impacts to the 

distribution of USDA Foods through 

other programs administered by the 

distributing agency can include, for 

example, when a disaster distribution 

lowers the USDA Foods inventory of 

another program, such as FDPIR, to a 

level that may impact the distributing 

agency’s ability to provide FDPIR 

benefits to participants at the current 

program levels. Distributing agencies 

should ensure the operation of 

congregate meals service and disaster 

household distribution, including under 

situations of distress, does not lower the 

inventory levels of other programs 

below their regulatory requirements. 

When determining whether an ongoing 

negative impact may occur, the 

distributing agency must take into 

consideration, among other factors, 

current program participation levels, 

household food preferences and the 

historical and projected volume of food 

distribution at each site. 

The unsupportive comment argued 

the proposed provision would put the 

responsibility on distributing agencies 

to implement other programs like FDPIR 

and TEFAP and would put an undue 

burden on distributing agencies to 

determine how to divide resources. The 

Department clarifies this provision 

codifies a principle that is already in 

place for USDA Foods in Disasters, 

which is that distributing agencies 

should consider the operation, 

including inventory levels and current 

participant caseload levels, of their 

permanent programs like TEFAP and 

FDPIR when making decisions about 

using USDA Foods for disaster 

response. Although the distribution of 

USDA Foods during and after disasters 

divides a distributing agency’s 

resources, operating USDA Foods 

disaster response activities should not 

negatively impact the operation of other 

programs. Specifically, disaster 

household distributions should not take 

the place of regular FDPIR or TEFAP 

operations, nor reduce food benefits and 

services of those programs. Per current 

regulations at § 250.69(g), USDA is 

responsible for the replacement of 

USDA Foods used in Presidentiallydeclared disaster or emergency 

response, if requested by the 

distributing agency. Replacement of 

those USDA Foods occurs within 45 

days following the termination of 

disaster assistance. 

V. Updated Reporting Requirements for 

Distribution of USDA Foods to 

Households During a Disaster 

(§§ 250.69(d) and 250.70(d)) 

This final rule codifies the 

requirement at §§ 250.69(d) 

and 250.70(d) with modification to 

require distributing agencies operating 

disaster household distributions to 

submit a biweekly report to FNS, rather 

than weekly as described in the 

proposed rule. All distributing agencies 

operating disaster household 

distributions must submit a biweekly 

report (every two weeks) for the 

duration of the approved disaster 

household distribution, regardless of the 

distribution period’s length. Distributing 

agencies must use the format prescribed 

by FNS, which must be submitted 

electronically for the duration of the 

approved disaster household 

distribution. The biweekly report must 

include: (i) The weekly distribution start 

and end dates, (ii) The total number of 

individual household members 

receiving assistance at all locations, (iii) 

Material identification codes for USDA 

Foods distributed, (iv) The USDA Foods 

description of the foods distributed, and 

(v) The total units of each food 

distributed. The information will be 

submitted electronically. 

Public Comments and USDA Response 

The Department received 19 

comments on the proposed reporting 

requirement, with 7 in support and 12 

in opposition. Supportive commenters 

included: 2 State agencies, 3 advocacy 

groups, 1 food bank association, and 1 

individual. Unsupportive commenters 

included: 4 State agencies, 7 advocacy 

groups, and 1 local agency. Commenters 

in support of this provision discussed 

how the proposed reports would more 

efficiently help efforts to replace USDA 

Foods used in disaster response and 

would also assist in inventory 

management, ordering, and distribution. 

Supporters of the proposed provision 

also suggested the reporting mechanism 

be user-friendly and be a reasonable 

process that uses modern technology. 

Commenters expressed concern with 

the resulting administrative burden 

associated with the increased reporting 

while also requesting increased funding 

or widespread adoption of automated 

reporting mechanisms to lessen the 

burden. Commenters also mentioned 

how the administrative burden would 

occur during times of already 

heightened administrative burden. 

Other suggestions included using a 

reporting method that uses current, upto-date technology and to consider 

utilizing the data of other sources, such 

as the Federal Emergency Management 

Agency (FEMA), to collect this 

information. 

This provision was intended to 

improve FNS’ and State distributing 

agencies’ understanding of the quantity 

and types of USDA Foods available for 

emergency response and facilitate FNS’ 

efforts to replace USDA Foods used in 

disaster response to prioritize nutrition 

security for participants in all programs 

serving USDA Foods. The prolonged 


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nature of the COVID–19 pandemic and 

the quantity of USDA Foods distributed 

under disaster household distributions 

illustrated that requiring reporting of 

USDA Foods distributed only after the 

end of the disaster assistance period 

presented challenges. These challenges 

included timely tracking of USDA 

Foods inventories at both the national 

and State distributing agency levels, 

which affected USDA and State 

distributing agencies’ ability to source 

and distribute foods to meet the needs 

of the public. However, the Department 

concurs with commenters who stated 

the proposed requirement as written 

represented a potential administrative 

burden on State distributing agencies. 

In response to these comments, the 

Department amends the proposed 

provision in the final rule to lessen the 

associated administrative burden. 

Instead of weekly reporting required for 

disaster household distributions longer 

than 14 calendar days, the Department 

requires all distributing agencies 

operating disaster household 

distributions to submit a biweekly 

report (every two weeks) for the 

duration of the approved disaster 

household distribution, regardless of the 

distribution period’s length. 

The Department’s decision to limit 

reporting to a biweekly basis, rather 

than the proposed weekly basis, lessens 

the administrative burden on 

distributing agencies while still 

collecting the information needed to 

track USDA Foods used in disaster 

response and monitoring inventory 

levels. 

The Department clarifies the 

information requested in this new 

biweekly report is the same information 

that must be submitted with the 

currently required FNS–292A, Report of 

Commodity Distribution for Disaster 

Relief, that must be completed within 45 

days following the termination of 

disaster assistance. Under this new 

reporting requirement, State distributing 

agencies may use the same data 

submitted in the biweekly report(s) to 

timely submit the FNS–292A to FNS. 

The Department agrees with utilizing 

available technology and will require 

the submission of biweekly reports 

electronically. 

C. The Emergency Food Assistance 

Program (TEFAP) 

I. Technical Updates to the Entire Part 

251 

This final rule codifies the technical 

updates to 7 CFR part 251 as proposed. 

The Department is replacing instances 

of the outdated terms ‘‘commodities,’’ 

‘‘food commodities,’’ ‘‘TEFAP 

commodities,’’ ‘‘TEFAP foods,’’ 

‘‘donated foods,’’ and ‘‘donated 

commodities’’ to ‘‘USDA Foods’’ to 

further align the program with the 

definition of ‘‘USDA Foods’’ in 7 CFR 

part 250. 

Public Comments and USDA Response 

The Department received 15 

comments that were all in support of the 

proposed technical changes to 7 CFR 

part 251. Commenters included: 5 State 

and 5 local agencies, 2 food bank 

associations, and 3 advocacy groups. 

The Department concurs with the 

commenters. 

II. Technical Clarification to the 

Definition of a Food Bank (§ 251.3) 

This final rule codifies the update to 

the definition of a food bank at § 251.3 

as proposed. The Department is 

removing a description of food provided 

by food banks in § 251.3(f), deleting ‘‘or 

edible commodities, or the products of 

food or edible commodities’’ from the 

definition of food bank, as this 

description caused confusion about the 

types of foods to which regulations 

apply. The Department did not receive 

any comments on this provision. 

III. Requirement for the Public Posting 

of Availability of USDA Foods Through 

TEFAP and Encouraging Distribution of 

USDA Foods in Tribal Areas (§ 251.4) 

This final rule codifies the proposed 

provision at § 251.4(l) with modification 

to require eligible recipient agencies 

(ERAs) that have agreements with the 

State agency to be posted to a publicly 

available internet web page. This final 

rule also codifies as proposed the 

provision at § 251.4(l) that each State 

agency publicly posts the State’s 

uniform statewide eligibility criteria to 

receive USDA Foods for household 

consumption. The Department also 

codifies the provision at § 251.4(k) as 

proposed to encourage State agencies 

and ERAs to implement or expand 

USDA Foods distributions in rural, 

remote, and Tribal areas of the State, 

wherever possible. 

1. Requirement for the Public Posting of 

Availability of USDA Foods Through 

TEFAP (§ 251.4(l)) 

ERAs are organizations that distribute 

USDA Foods through TEFAP. The 

proposed rule would have required 

TEFAP State agencies to post 

information about all ERAs to publicly 

available websites, to include those 

ERAs which have agreements with other 

ERAs. In consideration of the 

administrative burden associated with 

this provision as highlighted through 

public comments, this final rule codifies 

the proposed provision at § 251.4(l) with 

modification to require ERAs that have 

agreements with the State agency to be 

posted to a publicly available internet 

web page. At minimum, State agencies 

must publicly post the names, 

addresses, and contact telephone 

numbers for all ERAs that have an 

agreement with the State agency. 

The Department codifies as proposed 

the requirement that State agencies must 

post the State’s uniform Statewide 

eligibility criteria to receive USDA 

Foods for household consumption. The 

information must be posted on a 

publicly available internet web page and 

be updated on an annual basis or 

whenever changes to eligibility criteria 

are made (See IV. State Agency Options 

for TEFAP Eligibility Criteria, 

Documentation, and Public 

Communication (§ 251.5) 3. Public 

Posting of Statewide TEFAP Eligibility 

Criteria for further discussion 

(§ 251.5(b)). State agencies must 

implement this provision no later than 

12 months after the date of publication 

of the final rule in the Federal Register. 

Public Comments and USDA Response 

The Department received 28 

comments on this provision, 24 of 

which were supportive and 4 that were 

not supportive. Supportive commenters 

included 5 State and 6 local agencies, 6 

food bank associations, 5 advocacy 

groups, and 2 individuals. Unsupportive 

commenters included 3 State agencies 

and 1 local agency. 

Supporters of the change explained 

how publicly listing ERAs helps 

potential participants find food 

assistance during non-working hours 

and access residency information. 

Other commenters supported the 

intent of the provision but had concerns 

with the administrative and financial 

burden associated with listing all ERAs, 

since information on smaller ERAs can 

change frequently and without notice. 

Commenters suggested that single 

points of direct contact be established 

that are better equipped to handle 

potential participants. Additional 

commenters had concerns over the 

accuracy of the data that would be made 

available to the public. 

The Department agrees with 

commenters that suggested the proposed 

list of all ERAs may not be useful to 

participants or potential participants if 

there are issues with the list being 

outdated or inaccurate. Smaller ERAs 

may be added or removed from the 

program more frequently and may not 

have the capacity to handle direct 

referrals or questions from potential 

participants as well as larger ERAs. To 

lower the administrative and financial 


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burden of this provision, the 

Department is revising the provision to 

only require that ERAs holding an 

agreement with the State agency be 

posted publicly. ERAs that have direct 

agreements with the State agency are 

more likely to maintain consistent 

contact information and have the 

resources to direct potential participants 

to the program. Additionally, excluding 

ERAs that have agreements with other 

ERAs reduces the State agency’s burden 

of posting the list. 

Some commenters suggested that 

certain types of ERAs should not be 

posted publicly, for example, domestic 

violence shelters. The Department 

recognizes that some ERAs may have a 

compelling public safety reason for not 

having their address posted publicly 

and commits to working with State 

agencies on a case-by-case basis for 

ERAs that may be in this situation. 

The intent of this provision is to 

improve participants’ and potential 

participants’ access to TEFAP, and the 

Department encourages State agencies to 

post the complete list of ERAs, 

including ERAs that hold agreements 

with other ERAs, to help the public 

understand where they may access 

TEFAP. 

State agencies are still encouraged, 

but not required, to post more frequent 

updates as they are needed and to 

include additional information, such as 

operating hours, the areas served by the 

ERA, links to ERA websites, and 

distribution site addresses. State 

agencies are also encouraged, but not 

required, to develop tools to aid eligible 

individuals in accessing the program 

(e.g., a searchable tool by ZIP code). 

2. Encouraging Distribution of USDA 

Foods in Tribal Areas (§ 251.4(k)) 

This final rule codifies the revision to 

§ 251.4(k) as proposed to encourage 

State agencies and ERAs to implement 

or expand distributions of USDA Foods 

in Tribal areas, in addition to the rural 

areas already listed. 

Public Comments and USDA Response 

The Department received 22 

comments for this provision that were 

all supportive of the proposed change. 

Commenters included: 4 State and 5 

local agencies, 6 food bank associations, 

6 advocacy groups, and 1 individual. 

Supportive commenters discussed how 

this provision would help expand 

access to TEFAP in Tribal communities 

and other historically underserved 

populations while bolstering 

partnerships with Tribal Nations. Others 

mentioned their continued support for 

TEFAP Reach and Resiliency grant 

funding to carry out projects to expand 

the reach of TEFAP to remote, rural, 

Tribal and/or low-income areas and 

how this provision can aid in these 

efforts. The Department agrees with all 

the commenters who supported the 

proposed provision and with the 

commenters who stated this proposed 

provision could expand TEFAP access 

to historically underserved populations 

while strengthening the program. 

Commenters also suggested that FNS 

release guidance or best practices on 

how to achieve expanded access to 

TEFAP in Tribal areas. FNS will provide 

guidance and best practices to help 

implement or expand distributions of 

USDA Foods in Tribal areas as a part of 

the final rule implementation. 

One commenter expressed the 

language that encourages the expansion 

of TEFAP is not strong enough and 

suggested that it should be required, and 

separately, that Congress should 

designate Tribes as legally eligible to 

administer TEFAP. While the 

Department appreciates this comment 

and agrees it is important to continue 

expanding TEFAP’s reach into Tribal 

areas, this request is outside of the 

scope of this rulemaking. 

IV. State Agency Options for TEFAP 

Eligibility Criteria, Documentation, and 

Public Communication (§ 251.5) 

The Department is revising TEFAP 

regulations to increase alignment of 

income eligibility criteria nationwide, 

ensure access for vulnerable 

individuals, and ensure that statewide 

eligibility criteria are posted in a 

manner accessible to the public. 

1. TEFAP Maximum Income Eligibility 

Range and State Agency Option for 

Alternative Income Eligibility 

Thresholds (§ 251.5(b)(2)) 

This final rule codifies the proposed 

change with modification to implement 

a TEFAP maximum income eligibility 

range and State agency option for 

alternative income eligibility thresholds 

at § 251.5(b)(2). This change requires 

that income-based eligibility standards 

be between 185 percent and 300 percent 

of the U.S. Federal Poverty Guidelines, 

which are published annually by the 

U.S. Department of Health and Human 

Services (HHS). This is an increase from 

the upper threshold in the proposed 

rule, which would have set incomebased standards at a maximum income 

eligibility threshold at or between 185 

percent to 250 percent of the U.S. 

Federal Poverty Guidelines. This 

revision maintains the ability for State 

agencies to propose alternative incomebased eligibility standards above this 

threshold with supporting rationale, 

subject to FNS approval. Consistent 

with current program requirements at 

§ 251.5(b), income eligibility standards 

set by a TEFAP State agency under the 

final provision must be applied 

uniformly statewide. 

Public Comments and USDA Response 

The Department received 62 

comments on the proposed provision. 

Twenty commenters supported the 

proposed range of 185–250 percent of 

the U.S. Federal Poverty Guidelines, 32 

did not support the cap as proposed and 

requested a cap above 250 percent, 3 

were opposed to any maximum cap, 1 

supported raising the lowest maximum 

above 185 percent to 200 percent, 3 

commenters opposed the 250 percent 

maximum as too high, and 3 

commenters opposed the proposed 

provision in full. Commenters included 

9 State agencies, 24 local agencies, 11 

food bank associations, 11 advocacy 

groups, and 7 individuals. 

Commenters in support of the 

proposed provision stated the change 

would increase access for individuals 

who would not have previously 

qualified under the current guidelines 

and that the range is a starting point for 

standardizing eligibility standards 

nationwide. 

Commenters who supported 

increasing the maximum cap beyond 

250 percent stated the proposed cap was 

too low and would create an undue 

administrative burden on States 

currently operating over the 250 percent 

level, as they would have to submit 

additional justification to FNS to 

maintain their current income eligibility 

guidelines. They also mentioned the 

proposed maximum may be a potential 

deterrent for other States to adjust their 

income eligibility thresholds above 250 

percent in the future, due to the 

increased administrative burden. Some 

commenters who felt the 250 percent 

maximum threshold was too low 

suggested that either FNS use no 

maximum threshold or create a 

maximum of 400 percent if necessary. 

Commenters also mentioned concerns 

that USDA may deny requests for higher 

maximums above the proposed range. 

Supporters of a maximum cap above 

250 percent stated that a higher 

maximum would be more inclusive of 

current State agency income eligibility 

thresholds and better reflect the 

economic realities of food insecurity in 

the country. Commenters also expressed 

concerns that in States with current 

income eligibility thresholds above the 

maximum identified in the proposed 

rule, participants could lose access to 

the program if their higher thresholds 

were not approved. One commenter 

suggested that all TEFAP participants be 


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treated like those visiting prepared meal 

sites and not be subject to income 

eligibility guidelines. 

The Department concurs with 

commenters who expressed that a 

maximum income eligibility threshold 

of 250 percent of the U.S. Federal 

Poverty Guidelines is too low and may 

not encompass those in need who are 

living in areas with a high cost of living, 

such as urban centers, Tribal areas, and 

some geographically isolated States and 

U.S. Territories. 

As some commenters mentioned, the 

Department also recognizes that current 

participants may be impacted by the 

proposed maximum threshold and the 

Department wishes to mitigate that 

impact. Thus, the Department is 

revising the provision to increase the 

maximum income threshold in this 

provision, from 250 percent to 300 

percent of the Federal Poverty 

Guidelines. Additionally, the 

Department retains the ability for States 

to propose alternative income-based 

eligibility standards (i.e., standards 

above 300 percent) with FNS approval. 

While the Department recognizes there 

is administrative burden associated with 

requesting this approval, the 

Department estimates the burden is 

modest and views this as necessary to 

ensure TEFAP resources are only 

reaching individuals most in need, 

without unduly impacting current 

participants. 

Commenters also questioned whether 

FNS is changing its funding allocation 

model to reflect a larger pool of eligible 

participants. The TEFAP food and 

administrative funding formulas are set 

in program statute and accordingly, FNS 

will continue to use this formula to 

allocate program resources. 

Additionally, some commenters 

requested guidance from FNS, including 

an approval matrix for States wishing to 

increase their ceiling above the 

maximum, and examples of what types 

of justification will be approved by FNS. 

FNS will provide guidance during 

implementation of this final rule to aid 

State agencies in requesting maximum 

income eligibility thresholds over 300 

percent and expects requests will likely 

align with guidance in Policy Memo 

FD–153, Guidance for Submitting 

Amendments to TEFAP State Plans per 

7 CFR 251.6. For those State agencies 

who currently have income guidelines 

over 300 percent, FNS will provide 

technical assistance to submit timely 

justifications as needed, in accordance 

with FNS guidance, and prior to this 

rulemaking’s effective date. 

2. Methods for Verifying Residency and 

Removal of Federal Address Collection 

Requirements (§§ 251.5(b)(3) and 

251.10(a)(4)) 

This final rule codifies the change at 

§ 251.5(b)(3) as proposed to establish 

that length of residency, address, or 

identification documents shall not be 

used as eligibility criteria when 

determining household eligibility. This 

final rule also codifies the removal of 

Federal address collection requirements 

at § 251.10(a)(4) as proposed. Current 

regulations at § 251.10(a)(3) require 

distribution sites to collect the 

addresses of households receiving 

USDA Foods for home consumption and 

maintain the record of participant 

addresses per the retention policy 

described in § 251.10(a)(4). 

Public Comments and USDA Response 

The Department received 53 

comments on this provision, 43 of 

which were supportive and 10 

unsupportive. Supportive commenters 

included: 6 State and 16 local agencies, 

7 advocacy groups, 12 food bank 

associations, and 2 individuals. 

Unsupportive commenters included: 1 

State agency, 6 local agencies, and 3 

individuals. 

Supportive comments stated the 

current practice to collect full 

household addresses is burdensome to 

participants and ERAs, as well as a 

hindrance to migrant workers, people 

experiencing homelessness, those who 

move frequently, or those who have 

privacy concerns with providing an 

address. Other supportive comments 

stated that ERAs would benefit from the 

change by eliminating a lengthy 

administrative intake step, freeing up 

staff capacity and helping to shorten 

long lines at distributions. The 

Department concurs with the majority of 

commenters in support of the proposed 

change at § 251.5(b)(3) that collecting 

household information can be 

burdensome to both participants and 

ERAs. FNS aims to ensure that TEFAP 

State agencies retain the ability to 

develop statewide eligibility criteria 

which fit their needs, while supporting 

program access for vulnerable 

individuals and households. 

Opposed commenters had concerns 

that not using an address to verify 

residency could result in individuals 

outside of their community accessing 

their distribution sites and depleting 

resources intended for community 

members. Some commenters expressed 

concern about not being able to collect 

zip codes under the proposed provision. 

Some commenters also suggested the 

final rule remove geographic limitations 

on service altogether. Finally, one 

commenter requested clarification for 

State agencies on acceptable alternative 

forms of verification. 

Along with self-attestation, other 

options for State agencies to confirm 

residency of TEFAP applicants may 

include collecting the zip code or 

county of residence of TEFAP 

applicants. These alternate forms of 

confirming residency also help address 

the concerns raised by a few 

commenters of the risk of individuals 

from outside of a community accessing 

an ERA’s TEFAP offerings. In addition, 

the significant benefits of this provision, 

including supporting program access for 

vulnerable individuals and households, 

eliminating a lengthy administrative 

intake step, freeing up staff capacity, 

and helping to shorten long lines at 

distributions, outweigh the minimal 

concerns raised by some commenters. 

Some commenters requested 

clarification on whether addresses can 

still be collected for other purposes, 

such as in cases of food recalls and 

providing information on more 

resources. The Department clarifies that 

ERAs cannot collect addresses as part of 

the eligibility determination process but 

may still collect addresses on a 

voluntary basis for other purposes, such 

as in cases of food recalls and providing 

information on other assistance 

programs, if it is clear providing the 

information is optional for applicants 

and is being collected for reasons other 

than TEFAP eligibility. 

3. Public Posting of Statewide TEFAP 

Eligibility Criteria (§ 251.5(b)) 

This final rule codifies the change at 

§ 251.5(b) as proposed to require State 

agencies to post statewide eligibility 

criteria, including requirements for 

demonstrating income and residency, to 

a publicly available website. State 

agencies must implement this provision 

no later than 12 months after the date 

of publication of the final rule in the 

Federal Register. 

Public Comments and USDA Response 

The Department received 13 

comments for this proposed change, 12 

of which were supportive and one 

which was mixed. Commenters 

included 3 food bank associations, 5 

local agencies, and 5 advocacy groups. 

Supportive commenters discussed 

how making this information available 

online would make the program more 

transparent and accessible to people 

seeking food assistance. One commenter 

expressed concern with the 

administrative burden associated with 

posting the criteria, given staffing 

shortages. The Department recognizes 


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this provision poses an administrative 

burden on State agencies; however, FNS 

estimates the annual administrative 

burden as relatively low. Once a State 

agency has posted their statewide 

eligibility criteria to a publicly available 

website, State agencies only need to 

make updates if their Statewide 

eligibility criteria changes. The benefits 

of ensuring that eligible applicants are 

more easily able to understand how they 

may receive TEFAP outweigh the 

minimal administrative burden 

associated with this requirement. 

V. Updated Reference for Farm to Food 

Bank Projects (§ 251.6) 

This final rule codifies the change to 

§ 251.6 as proposed to update the 

paragraphs cited for information that 

must be included in TEFAP State Plans 

for Farm to Food Bank Projects to reflect 

the reorganized section of regulations 

related to Farm to Food Bank Projects at 

new § 251.13. The Department did not 

receive any comments on this proposed 

change. 

VI. Updated Reference for TEFAP 

Reporting Requirements (§ 251.9) 

This final rule codifies the technical 

edit to § 251.6 as proposed to update the 

paragraph cited for the FNS–667, Report 

of TEFAP Administrative Costs. The 

Department did not receive any 

comments on this proposed change. 

VII. Establishing Confidentiality 

Protections for Applicant and 

Participant Household Information and 

Participant Household Information 

(§ 251.10(c)) 

This final rule codifies the changes to 

§ 251.10(c) as proposed to require that 

TEFAP participant information must be 

kept confidential and to create limits on 

the disclosure of information obtained 

from applicants or participants and the 

identity of persons making a complaint 

or allegation against persons 

participating in or administering the 

program. Current regulations do not 

include requirements for protecting the 

confidentiality of TEFAP applicant or 

participant household information. This 

new provision ensures the protection of 

information collected from households 

and aligns recordkeeping and retention 

requirements with those of other food 

assistance programs. 

Public Comments and USDA Response 

The Department received 29 

comments on the proposed provision, 

27 of which were supportive and 2 that 

were unsupportive. Supportive 

commenters included: 2 State and 13 

local agencies, 5 advocacy groups, and 

7 food bank associations. One State 

agency and 1 food bank association 

were unsupportive of the provision. 

Supportive commenters agreed that 

collecting names and addresses from 

clients can pose risks to confidentiality 

and requires data protection and stated 

that participants should not be 

vulnerable to unlawful targeting or 

harassment throughout any process. 

Other supportive comments cited that 

this provision would uphold privacy, 

confidentiality, and dignity standards 

within the program and one commenter 

urged USDA to prohibit the collection of 

unnecessary personally identifying 

identification, such as social security 

numbers, on the TEFAP eligibility form. 

Some commenters expressed concern 

about whether the proposed provision 

would allow for the use of electronic 

intake platforms. The use of electronic 

systems in TEFAP, including electronic 

intake platforms, will continue to be 

acceptable under the final provision, as 

long as the systems are able to properly 

ensure the protection of information 

collected from households and meet 

existing program requirements and all 

relevant Federal or State requirements. 

Other commenters expressed concern 

that the provision would not allow 

volunteers to collect information. This 

provision is not intended to stop the use 

of volunteers to collect program 

information. However, volunteers 

should be made aware of the 

confidentiality rules in TEFAP and keep 

information collected confidential. 

Commenters also questioned whether 

the requirement would require each 

participant to sign a separate sign-in 

sheet or intake form, which would be 

costly and time consuming. Provided 

that confidentiality is maintained, a 

separate sign-in sheets is not required 

for each participant. Finally, one 

commenter was concerned the provision 

would negatively impact categorical 

eligibility, and another was concerned 

the proposed requirement would impact 

existing data sharing agreements and 

questioned whether the proposed 

requirement would have a detrimental 

impact on efforts to improve nutrition 

and hunger relief programming. This 

provision does not impact categorical 

eligibility, as the regulatory language at 

§ 251.10(c)(2) allows, with the consent 

of the participant, State or local agencies 

to share information obtained with other 

health or welfare programs for use in 

determining eligibility for those 

programs, or for program outreach. 

VIII. Nondiscrimination Statement 

Update (§ 251.14(b)) 

The Department proposed an update 

to the nondiscrimination statement 

language at § 251.10(c) and 

redesignating as § 251.14(b) to state that 

TEFAP must be operated in accordance 

with the most-up-to-date USDA 

nondiscrimination statement. Because 

the nondiscrimination statement is 

applicable to multiple USDA programs, 

the Department has reconsidered its 

approach. The Department will not 

finalize the proposed provision in this 

rulemaking. The Department will 

consider options to address this in 

future rulemaking. This rulemaking 

moves the current nondiscrimination 

statement language from § 251.10(c) to 

newly created § 251.14(b), with 

confidentiality protections codified at 

§ 251.10(c). 

Public Comments and USDA Response 

The Department received 4 comments 

from 2 State agencies and 2 advocacy 

groups, all of which were supportive of 

the proposed change. The Department 

appreciates support for the proposed 

changes and will consider this feedback 

in future rulemaking addressing the 

nondiscrimination statement, with the 

goal of consistency across USDA 

programs. 

IX. Eligible Recipient Agency Reporting 

(§ 251.10(b)(3)) 

This final rule codifies the proposed 

provision at § 251.10(b)(3) with 

modification to establish a new 

requirement for State agencies to 

annually submit a list of all ERAs and 

statewide eligibility criteria to FNS. The 

Department is revising the regulatory 

language to retain the intent of this 

provision as proposed. The proposed 

revision referenced the publicly 

available list of ERAs described at 

§ 251.4(l). Since that provision is 

revised in this final rule to only include 

ERAs with direct agreements with the 

State agency, (see ‘Requirement for the 

Public Posting of Availability of USDA 

Foods Through TEFAP’), the 

Department removes reference to the 

publicly posted ERA list at § 251.4(l) 

and instead modifies the provision to 

require that State agencies must 

annually submit a list of all ERAs and 

statewide eligibility criteria. This 

revision ensures this report includes all 

ERAs, including those ERAs which 

distribute USDA Foods to other ERAs, 

to eligible households for home 

consumption, or in prepared meals. 

This information is collected for 

program management purposes so that 

FNS may understand both where 

TEFAP services are offered and the 

national landscape of participating 

TEFAP ERAs. It is not intended to be a 

‘real-time’ list for active participant 

referrals. The list provided to FNS will 

include ERAs that have agreements with 


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a State agency and ERAs that have 

agreements with another ERA. The list 

also includes ERAs that distribute 

USDA Foods for home consumption and 

those that distribute USDA Foods in the 

form of prepared meals. This will allow 

FNS to better understand areas where 

there may be gaps in service, and work 

with States to eliminate these gaps. The 

Department did not receive any specific 

comments on the above proposed 

change at § 251.10(b)(3). 

X. Household Distribution Participation 

Reporting (§ 251.10(b)(4)) 

This final rule codifies the provision 

at § 251.10(b)(4) with modification to 

require State agencies to report the 

number of persons (i.e., site visits) 

served by all TEFAP distribution sites 

providing USDA Foods for home 

consumption per month. State agencies 

and ERAs will only need to count the 

total number of individuals served in a 

month and will not need to identify the 

number of unique households that are 

served in a month. To the extent 

possible, State agencies and ERAs 

should record the total number of 

persons in each household that is served 

for each site visit, but the Department 

acknowledges accuracy of these data 

will vary based on each agency’s 

method of tracking participants. This is 

a revision from the proposed provision 

which would have required the State 

agency to report the total number of 

persons in all households receiving 

USDA Foods for household 

consumption per month. Consistent 

with the proposed rule, State agencies 

will be required to provide this 

information on a quarterly basis. FNS 

will align the timing of this report with 

other required quarterly reporting, such 

as administrative funds usage, in order 

to minimize reporting burden for State 

agencies. 

Public Comments and USDA Response 

The Department received 23 

comments on the proposed provision, 

14 of which were supportive and 9 

which were not supportive. Supportive 

commenters included: 1 State and 4 

local agencies, 2 advocacy groups, 5 

food bank associations, and 2 

individuals. Non-supportive 

commenters included: 6 State agencies, 

2 local agencies, and 1 food bank 

association. A commenter indicated that 

increased reporting on TEFAP 

participation would enhance 

transparency in implementation and 

support informed decisions about 

program improvements. Additionally, 

commenters expressed support for the 

alignment of this report with other 

required quarterly reporting, indicating 

that it will reduce the overall reporting 

burden for State agencies. 

Commenters expressed concern that 

the proposed method of tracking could 

be complex because participants 

typically indicate the number of 

household members on their 

application, and do not typically convey 

the monthly number of individuals in 

their household each time they receive 

food. Commenters discussed how this 

could result in inaccuracies as 

individuals may move in and out of a 

household in each month, and that 

tracking nonresponse forms would be 

time consuming. Other commenters 

cited general administrative burden and 

more specifically, an increased burden 

for those using manual data collection 

systems. Further concerns were raised 

about the difficulty of ensuring 

unduplicated data when comparing the 

number of visits to a distribution site 

versus the number of individuals 

served. 

The Department concurs with the 

commenters who expressed concern 

with the potential difficulties of 

reporting an unduplicated record of 

each household that visits a distribution 

site and other potential inaccuracies 

with the data. The Department is 

revising this provision in response to 

those comments to instead require that 

TEFAP State agencies report the total 

number of individuals served by each 

TEFAP distribution site per month, on 

a quarterly basis. This revision 

addresses concerns on the additional 

administrative burden of providing 

accurate and/or unduplicated data. For 

example, households that participate 

more than once a month may be 

counted as a separate visit each time 

they access a TEFAP distribution site. 

Distribution sites only need to report the 

total number of persons they served at 

the end of each month, without regard 

to how many unique households were 

served. To the extent possible, State 

agencies and ERAs should record the 

total number of individuals in each 

household who are served for each site 

visit, but the Department acknowledges 

that the accuracy of this data will vary 

based on each agency’s method of 

tracking participants. 

The Department currently has little 

insight into the total number of people 

served by TEFAP. This data will be used 

to help the Department understand the 

current reach of the program and to 

better understand and plan for future 

resource needs. The Department 

recognizes there is administrative 

burden associated with collecting this 

data and determined it is in the best 

interest of the program to collect this 

data to support the current operation of 

TEFAP and plan for the future of the 

program. The Department will provide 

additional guidance on this provision as 

part of the implementation of this final 

rule. In recognition of the burden this 

provision requires, State agencies will 

have 12 months to implement this 

provision. 

XI. Technical Corrections for 

Miscellaneous Provision (§ 251.10(d) 

and (f)) 

This final rule codifies the technical 

corrections at § 251.10(d) and (f) as 

proposed. The Department updates 

§ 251.10(d) to correct an error in a 

reference to reporting requirements. The 

Department updates paragraph (f) 

references to reflect redesignations and 

newly created sections in the proposed 

rule, which are discussed below. The 

Department is also clarifying the 

requirements for limits on unrelated 

activities during the administration of 

TEFAP and potential consequences for 

violation of these limits by more clearly 

stating existing requirements. 

Public Comments and USDA Response 

The Department received 15 

comments which were all supportive. 

Commenters included 5 State and 5 

local agencies, 2 food bank associations, 

and 3 advocacy groups. The Department 

concurs with the commenters. 

XII. Redesignations for Miscellaneous 

Provisions (§ 251.10) 

This final rule codifies the 

redesignation for miscellaneous 

provisions at § 251.10 as proposed. The 

Department is breaking the current 

§ 251.10 Miscellaneous into five distinct 

sections: § 251.10 Reports and 

recordkeeping, § 251.11 State 

monitoring system, § 251.12 Limitation 

on unrelated activities, § 251.13 Farm to 

Food Bank projects, and § 251.14 

Miscellaneous to significantly improve 

the readability of the regulation, with 

the intent of reducing confusion on the 

part of State agencies. The Department 

did not receive any specific comments 

on this provision. 

XIII. New Sections Created for Clarity 

(§§ 251.11, 251.12, 251.13, and 251.14) 

This final rule codifies the creation of 

new sections for clarity at §§ 251.11, 

251.12, 251.13, and 251.14 as proposed. 

Section 251.11 includes requirements 

for State agency monitoring systems, 

and § 251.12 explains limitations on 

unrelated activities at TEFAP 

distributions. Farm to Food Bank Project 

regulations move into § 251.13 so that 

State agencies can easily locate all 

requirements for these projects. Finally, 

§ 251.14 includes miscellaneous 


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provisions that are not closely related to 

other provisions, such as 

nondiscrimination and use of volunteer 

workers and non-USDA foods. The 

Department did not receive any specific 

comments on the creation of new 

sections for clarity. 

D. Food Distribution Program on Indian 

Reservations 

Final revisions to FDPIR regulations 

(7 CFR part 253) establish further parity 

between FDPIR eligibility requirements 

and SNAP and support program access. 

Among the final changes, the 

Department is finalizing as proposed 

provisions to: clarify the household 

concept for purposes of FDPIR 

eligibility for spouses living together 

and spouses living apart in separate 

households; remove the urban place 

requirement which limits the operation 

of FDPIR in approved near areas and/or 

service areas that have a population of 

10,000 people or more; update the 

shelter/utility standard deduction to 

remove the Regional standard deduction 

and set forth a revised approach 

pursuant to Tribal leader and FDPIR 

program community feedback; and 

establish a limited administrative 

waiver to be more consistent with SNAP 

waiver authorities. As discussed in 

Procedural Matters: Executive Order 

13175, the Department consulted with 

Tribal leaders on a number of occasions 

on the development of both the 

proposed and final rules. The 

Department also commits to further 

consultation, including on 

implementation of the below FDPIR 

provisions, as needed. 

I. Technical Updates to the Entire Part 

253 

This final rule codifies technical 

updates to the entire 7 CFR part 253 as 

proposed. Technical corrections 

throughout 7 CFR part 253 replace 

instances of the outdated terms 

‘‘commodity’’ and ‘‘commodities’’ with 

‘‘USDA Foods’’ and the outdated term 

‘‘Food Stamps’’ with ‘‘SNAP,’’ the 

Supplemental Nutrition Assistance 

Program. These updates align 7 CFR 

part 253 with other sections in this 

chapter. The Department is also adding 

a technical edit to the definition of State 

agency at § 253.2. This technical change 

adds clarification to the definition of 

State agency that State agencies are also 

referred to as FDPIR administering 

agencies. This technical change 

supports modernizing terminology and 

recognizes that FDPIR administering 

agencies are primarily ITOs, with 107 

ITOs and only 3 State agencies 

administering the program in 2024. 

Additional technical corrections are 

noted, as applicable, in section 

discussions below. 

Public Comments and USDA Response 

The Department received 7 comments 

that were all supportive of the proposed 

changes. Commenters included: 2 ITOs 

and 5 advocacy groups. One comment 

noted how replacing commodities with 

USDA Foods will improve clarity and 

consistency across food distribution 

programs. The Department concurs with 

the commenters. 

II. Removal of Urban Place Definition 

(§§ 253.2 and 253.4) 

This final rule codifies the removal of 

references to urban places and the 

associated requirement that an FDPIR 

Indian Tribal Organization (ITO) or 

State agency must provide a justification 

to FNS to serve urban places off the 

reservation at §§ 253.2 and 253.4 as 

proposed. Prior to this rule change, per 

§ 253.2, an urban place was defined as 

a city or town with a population of 

10,000 or more. Further, per § 253.4(d), 

any urban place outside of the 

reservation boundaries could not be 

served unless an ITO or State agency 

requested to serve the urban place with 

a justification for FNS review and 

approval. Conforming revisions are also 

made to 7 CFR part 254, Administration 

of the Food Distribution Program for 

Indian Households in Oklahoma. 

Additionally, the Department is 

changing the term ‘‘contract’’ in 

§ 253.4(b)(3) to ‘‘delegate’’ in order to 

improve the clarity of the section and to 

be consistent with language used in 7 

CFR parts 247, 250, and 251. 

Public Comments and USDA Response 

The Department received 16 

comments about this provision, all of 

which were supportive. Commenters 

included: 2 ITOs, 10 advocacy groups, 

and 4 local agencies. Eleven comments 

specifically requested language ensuring 

that serving an urban population 

remains optional. The Department 

affirms that with the removal of the 

urban place language, FDPIR 

administering agencies maintain the 

choice of serving an urban population. 

III. Periodically Assessing the FDPIR 

Food Package (§ 253.3) 

In § 253.3, this final rule codifies as 

proposed the provision which requires 

FNS to periodically assess how USDA 

Foods provided in FDPIR compare to 

the Dietary Guidelines for Americans 

(DGAs) and the market baskets of the 

Thrifty Food Plan (TFP) and, to the 

extent practicable, adjust the FDPIR 

food package benefit as needed to 

ensure the FDPIR food package 

continues to be consistent with these 

assessments of basic dietary needs. The 

provision prohibits the FDPIR food 

package benefit from being reduced as a 

result of the analysis. 

Additionally, this final rule codifies 

as proposed the provisions at 

§ 253.3(a)(2) to clarify in plain language 

that FDPIR households can receive 

FDPIR USDA Foods as well as USDA 

Foods from other programs in the same 

month, in accordance with the 

requirements of 7 CFR part 250 and 

with other Federal regulations 

applicable to specific USDA Foods 

programs. 

This final rule also codifies a 

technical correction that removes the 

list of food groups in the FDPIR food 

package from § 253.3(d) as proposed. 

Public Comments and USDA Response 

The Department received 11 

comments about this provision, all of 

which were supportive. Comments were 

submitted by 2 ITOs, 7 advocacy groups, 

and 2 local agencies. Commenters 

encouraged FNS to allow food package 

reviews on an as-needed basis without 

limitations on frequency. Comments 

also requested a requirement that any 

change in SNAP benefits would trigger 

an immediate FDPIR food package 

review. Commenters mentioned that 

changes to the FDPIR food package 

made during the pandemic were not 

commensurate with changes made to 

SNAP benefit levels. 

FNS will continue to work with the 

program community, including Tribal 

partners, to routinely review the FDPIR 

food package and, to the extent 

practicable, offer USDA Foods that 

reflect preferences of eligible 

households. In addition, FNS will assess 

consistency between the amounts of 

food provided in FDPIR and SNAP at a 

frequency that aligns with the 

reevaluation of the TFP market basket 

and is practically feasible. While both 

SNAP and FDPIR benefit amounts are 

determined in part by TFP market 

basket amounts, SNAP provides 

participants with an electronic benefit 

to purchase eligible foods and FDPIR 

provides participants with a tangible 

food package benefit. This means that 

SNAP benefit levels must be adjusted 

annually for inflation to ensure that 

participants can purchase the same 

amount of food year-to-year, while 

FDPIR participants receive the same 

amount of food each year regardless of 

inflation. When inflation affects food 

prices, the increased cost of the FDPIR 

food package is absorbed by USDA and 

does not impact participants in the same 

way as it does in SNAP. To support 

transparency, FNS will communicate 


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when assessments will occur to program 

stakeholders with the frequency of such 

evaluations informed by publication of 

the most current DGAs and 

reevaluations of the TFP market baskets. 

IV. Nondiscrimination Statement 

Update (§ 253.5) 

The Department proposed an update 

to the nondiscrimination statement 

language at § 253.5 to state that FDPIR 

must be operated in accordance with the 

most up-to-date USDA 

nondiscrimination statement. Because 

the nondiscrimination statement is 

applicable to multiple USDA programs, 

the Department has reconsidered its 

approach. The Department will not 

finalize the proposed provision in this 

rulemaking. The Department will 

consider options to address this in 

future rulemaking. 

Public Comments and USDA Response 

The Department received 4 comments 

on this provision, all of which were 

supportive. Comments included: 3 

advocacy groups and 1 individual. One 

commenter specifically requested that 

FNS ensure sexual orientation and 

gender identity are protected classes in 

program implementation. The 

Department appreciates input on the 

proposed changes and will consider this 

feedback in future rulemaking 

addressing the nondiscrimination 

statement, with the goal of consistency 

across USDA programs. 

V. Updates to FDPIR Eligibility 

Provisions (§ 253.6) 

This final rule codifies several 

changes to FDPIR eligibility provisions 

as proposed at § 253.6 to increase access 

to the program and to improve 

consistency between FDPIR and SNAP 

requirements. 

1. Separate Household Status for 

Spouses Not Living Together 

(§ 253.6(a)(1)) 

This final rule codifies the removal of 

the regulatory prohibition at 

§ 253.6(a)(1) on granting separate 

household status to spouses living apart 

as proposed. For additional clarity, this 

final rule also adds a new paragraph 

§ 253.6(a)(1)(iv) stating that spouses 

living separately and apart are 

considered separate households. Prior to 

this change, separate household status 

could not be granted to spouses living 

apart. The final provision establishes 

parity between FDPIR and SNAP 

regarding the treatment of household 

composition for spouses. 

Public Comments and USDA Response 

The Department received 12 

comments about this provision, all of 

which were supportive. Comments 

included: 2 ITOs, 6 advocacy groups, 

and 2 local agencies. Comments 

described increased flexibility and 

maintaining parity with SNAP as 

positive factors for this provision. The 

Department concurs with the 

commenters. 

2. Minor Children Living Apart From 

Parents and Household Status 

(§ 253.6(a)(4)) 

This final rule codifies a new section 

at § 253.6(a)(4) as proposed to clarify 

that a child is considered under parental 

control if they are financially or 

otherwise dependent on a member of 

that household. This change improves 

consistency between FDPIR and SNAP 

requirements to ensure that both 

programs only certify a child if the adult 

household member has ‘‘parental’’ 

control over the child. For example, if 

a child is living with their grandparents, 

the child is not considered a part of 

their parents’ household when 

determining eligibility. Previous FDPIR 

regulations at § 253.6(a)(1) included 

language that children under the age of 

18 under the parental control of a 

member of the household cannot receive 

separate household status, which is now 

allowed through this rulemaking. 

Public Comments and USDA Response 

The Department received 8 comments 

about this provision, all of which were 

supportive. Comments included: 2 ITOs, 

4 advocacy groups, and 2 food bank 

associations. Comments supported 

increased flexibility and parity with 

SNAP for this provision. The 

Department concurs with the 

commenters. 

3. Removal of California SSI Cash-Out 

Reference (§ 253.6(a)(2)(ii)) 

This final rule codifies the removal of 

reference to Supplemental Security 

Income (SSI) cash-out at § 253.6(a)(2)(ii) 

when determining household eligibility 

as proposed, as this provision is no 

longer applicable. The Department did 

not receive any comments on this 

proposed change. 

4. Revisions to Shelter/Utility 

Deductions (§ 253.6(e)(5)) 

This final rule codifies the change to 

§ 253.6(e)(5) as proposed to update the 

existing FDPIR standard shelter/utility 

deduction to allow a household to 

choose either a standard deduction 

amount or actual shelter/utility 

expenses when determining income 

eligibility for FDPIR. Consistent with 

the proposed rule provision, FNS will 

both simplify the standard deduction 

and increase it by using the level of the 

SNAP maximum shelter deduction 

instead of the prior Regional standard 

deductions. The FDPIR base income 

eligibility thresholds are set annually 

using 100 percent of the U.S. Federal 

Poverty Guidelines published by the 

U.S. Department of Health and Human 

Services (HHS) and increased by the 

SNAP standard deduction by household 

size. FDPIR regulations at § 253.6(e) 

provide for income deductions, 

including the shelter/utility deduction, 

in recognition of expenses which impact 

the amount of household income 

available for food purchases. The new 

standard deduction for the applicable 

area (e.g., contiguous U.S., Alaska) will 

be consistent with SNAP maximum 

monthly excess shelter expense 

deduction limits outlined at 

§ 273.9(d)(6)(ii). If a household chooses 

to claim actual expenses, then the 

household may claim up to 50 percent 

of their monthly net income and must 

provide verification of expenses. See VI. 

Verification Procedures (§ 253.7), where 

the Department finalizes verification 

requirements for applicants and 

participants seeking to provide actual 

shelter and utility expenses. 

Under the revised standard deduction 

method, when the SNAP excess shelter 

deduction is updated annually for the 

next fiscal year (FY), as per 

§ 273.9(d)(6)(ii), the maximum monthly 

excess shelter deduction limit 

established for the area is used as the 

FDPIR shelter/utility standard 

deduction amount. For example, in FY 

2024, the SNAP maximum shelter 

deduction amount for the 48 contiguous 

States and the District of Columbia was 

$672 and Alaska was $1,073. Under this 

finalized provision, these amounts are 

used for the standard deduction for 

households that elect to use this 

amount; or the household could choose 

to provide actual expenses up to 50 

percent of net income. The shelter/ 

utility standard deduction amounts will 

be updated annually by October 1. For 

FY 2025, the Department will issue 

shelter/utility deduction standard 

amounts following publication of this 

final rule and prior to the effective date 

of 60 days after publication of this final 

rule. In future years, on October 1, the 

shelter/utility standard deduction will 

be updated and effective immediately. 

In addition to these changes, the 

Department also finalizes the technical 

change at § 253.6(e)(1) to indicate that 

under the earned income deduction, 

twenty percent should be deducted from 

‘‘gross earned income,’’ instead of the 


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1USDA Food and Nutrition Service, Final Rule: 

Requirements for the Distribution and Control of 

Donated Foods—The Emergency Food Assistance 

Program: Implementation of the Agricultural Act of 

2014 (81 FR 23085). Accessed 23 January 2023. 

Available at internet site: https://www.federal

register.gov/documents/2016/04/19/2016-08639/ 

requirements-for-the-distribution-and-control-ofdonated-foods-the-emergency-food-assistanceprogram. 

previous ‘‘earned income,’’ which 

increases clarity in this section. 

Public Comments and USDA Response 

The Department received 15 

comments on this provision, all of 

which were supportive. Comments 

included: 3 ITOs, 7 advocacy groups, 

and 5 food bank associations. 

Commenters highlighted the previous 

shelter and utility deduction process 

sometimes failed to consider the unique 

conditions in Indian country. 

Commenters also noted the proposed 

changes would increase FDPIR access 

and acknowledge the varying 

circumstances in Tribal communities. 

The Department concurs with 

commenters; these changes to the 

shelter/utility deductions help ensure 

access to households who may be food 

insecure due to high costs of shelter and 

utility expenses. 

5. Request for Public Comments: FDPIR 

Income Standards (§ 253.6(d)) 

As provided in the discussion of 4. 

Revisions to Shelter/Utility Deductions 

(§ 253.6(e)(5)) above, the FDPIR base 

income eligibility thresholds are set 

annually using 100 percent of the U.S. 

Federal Poverty Guidelines published 

by HHS and increased by the SNAP 

standard deduction by household size. 

The Department solicited comments 

regarding whether further changes 

should be made to FDPIR income 

eligibility standards to increase program 

access and parity with SNAP. The 

Department sought feedback from 

FDPIR ITOs and State agencies to 

inform potential future proposals on 

alternative eligibility thresholds for 

FDPIR, including feedback on the 

following questions: 

1. Are there data sources in addition 

to HHS data that the Department should 

consider when determining income 

eligibility standards for FDPIR? 

2. Should the Department consider 

use of a gross income eligibility 

requirement for FDPIR e.g., 185 percent 

of the U.S. Federal Poverty Guidelines 

published annually by HHS, without 

application of any income deductions? 

Public Comments and USDA Response 

The Department received 9 comments 

related to this request for comment. 

Comments included: 2 ITOs, 6 advocacy 

groups, and 1 local agency. Six 

commenters stated that national and 

regional standards do not always 

accurately reflect the situations of those 

living in Indian country and requested 

that FNS simplify the process by 

providing for an alternate calculation for 

determining eligibility. These 

commenters requested FNS allow 

applicants the choice of qualifying 

under either increased gross income 

guidelines without deductions, or 

current guidelines with the proposed, 

and now finalized, increased shelter and 

utility cost deduction. Another 

commenter expressed that using gross 

income eligibility without deductions 

would simplify the process for many 

ITOs by minimizing the burden for 

administrative staff. 

The Department appreciates the 

feedback received in response to this 

request for comment and will consider 

these comments for potential future 

rulemaking. 

VI. Verification Procedures (§ 253.7) 

This final rule codifies a technical 

update to the verification requirements 

for the shelter/utility deduction as 

proposed to provide verification for all 

expenses if actuals are used. The 

Department also finalizes a technical 

update to the threshold for which an 

ITO or State agency must verify a 

change in income from $50 to $100 at 

the time of recertification. 

Public Comments and USDA Response 

The Department received 1 comment 

from an advocacy group on this 

provision, which was supportive of the 

increased threshold. The Department 

concurs with the commenter. 

VII. USDA Foods Inventory 

Management (§ 253.10) 

This final rule codifies technical 

updates to § 253.10 as proposed to make 

this section consistent with the 2016 

Final Rule, Requirements for the 

Distribution and Control of Donated 

Foods—The Emergency Food Assistance 

Program: Implementation of the 

Agricultural Act of 2014.1 The 

Department also finalizes the removal of 

current FDPIR regulatory requirements 

at § 253.10(c)(1) through (6) and 

replacing them with a reference to 

follow storage and inventory 

management regulations listed at 

§§ 250.12 and 250.14. Additionally, the 

Department finalizes the proposed 

changes to move regulations at 

§ 253.10(c)(7) through (17) to (d), as 

these regulations are applicable to 

distribution procedures and moving 

them improves readability and clarity. 

The Department did not receive any 

comments on this provision. 

VIII. Soliciting Tribal Stakeholder 

Feedback on the FDPIR Administrative 

Funding Methodology 

The Department solicited comments 

on the method used to allocate 

administrative funding to FDPIR 

administering agencies, which include 

ITOs and State agencies that have an 

agreement with FNS to administer 

FDPIR. This solicitation of comments 

was intended to gather FDPIR 

administering agency feedback on the 

existing administrative funding 

methodology, including the budget 

negotiation process, to frame any 

necessary future discussions and 

changes to the methodology. 

The Department specifically 

requested comments from FDPIR 

administering agencies on the following 

questions: 

1. With the advent of two-year FDPIR 

administrative funding, and given the 

increase in funding in recent years, does 

the current methodology provide your 

organization with adequate funding to 

meet its administrative needs? 

2. Are there aspects of the current 

funding methodology that could be 

improved, and if so, how? 

3. Specifically, please provide 

comment on the effectiveness of the 

current regional allocation and budget 

negotiation process and if modifications 

or another model could better serve 

Indian Tribal Organization needs. 

Public Comments and USDA Response 

The Department received 8 comments 

applicable to this request for comment. 

Commenters included: 2 ITOs and 6 

advocacy groups. Some commenters felt 

the current funding structure is 

adequate, while others suggested 

improvements are needed. Commenters 

also suggested that regional allocations 

and budget negotiations do not fully 

capture the challenges ITOs face. 

Because ITOs have different needs, 

commenters suggested increased 

flexibility in use of funds. Allowable 

uses of appropriated funds may include 

salaries and benefits for FDPIR 

personnel, materials and supplies, 

equipment, and meetings and 

conferences. FNS allocates funding 

according to the requests it receives 

from ITOs each fiscal year. 

Commenters also requested increased 

Tribal inclusion in the USDA annual 

budget process, with commenters 

suggesting a process similar to the 

approach(es) at other Federal agencies. 

The Department appreciates the 

varied feedback from commenters on 

this request for comment and will use 


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this feedback to inform any future 

discussions on FDPIR administrative 

funding. 

IX. Establishment of Administrative 

Waiver Authority in FDPIR (§ 253.12) 

This final rule codifies a new section 

at § 253.12 as proposed with technical 

modifications that provides authority 

for USDA FNS to waive or modify 

specific administrative requirements 

contained in the regulations under 

similar situations and processes and for 

similar amounts of time as SNAP 

regulations at § 272.3(c). Under this 

provision, ITOs and State agencies can 

request waivers of specific regulatory 

requirements. A technical correction 

was made to the text of § 253.12(a), 

which simplifies the language to be 

more in line with current SNAP waiver 

language without impacting the effect of 

the provision. The process requires ITOs 

and State agencies to provide 

compelling justification for each waiver 

request submitted. FNS may approve 

waivers only in the following 

circumstances: (1) the specific 

regulatory provision cannot be 

implemented due to extraordinary 

temporary situations, (2) FNS 

determines that the waiver would result 

in a more effective and efficient 

administration of the program, or (3) 

unique geographic conditions within 

the geographic area served by the 

administering agency preclude effective 

implementation of the specific 

regulatory provision and require an 

alternative procedure. FNS will not 

issue any waivers in situations where 

the waivers are inconsistent with 

provisions of the Food and Nutrition 

Act of 2008, as amended (Pub. L. 95– 

113). This provision is intended to 

mirror SNAP waiver requirements, thus 

increasing parity between the two 

programs, but the provision is separate 

and distinct from SNAP waiver 

authority. The Department recognizes 

that immediate implementation of this 

provision may benefit FDPIR ITOs and 

State agencies. Because this provision 

recognizes an exemption, the 

Department is using the authority at 5 

U.S.C. 553(d)(1) to make this provision 

effective immediately upon the date of 

publication of this final rule. 

Public Comments and USDA Response 

The Department received 10 

comments regarding this provision, all 

of which were generally supportive but 

also outlined specific requests or 

concerns about the provision. 

Commenters included 2 ITOs and 8 

advocacy groups. Five commenters 

requested more specific language or 

examples regarding the need to provide 

a compelling justification for a waiver, 

and specific language or examples of 

what documentation may be needed to 

demonstrate a compelling justification. 

FNS will provide written guidance on 

implementation of this provision 

including examples of compelling 

justifications for requesting a waiver in 

addition to example documentation 

and/or templates/formats for FDPIR 

ITOs and State agencies to use. To 

support simplicity in the administrative 

waiver process, FNS may also issue 

nationwide waivers if determined to be 

necessary and applicable to all FDPIR 

ITOs and State agencies, further 

reducing burden. 

Multiple commenters also requested 

that FNS use the waiver authority in 

Executive Order 13175 to provide 

additional flexibility to the provision 

and to better reflect Tribal sovereignty. 

FNS notes the waiver authority 

referenced in Executive Order 13175 

only applies to statutory or regulatory 

requirements that are discretionary and 

subject to waiver by the agency. FNS 

currently does not have any statutory or 

regulatory requirements for FDPIR that 

are discretionary in nature and subject 

to waiver. However, FNS believes this 

provision, as proposed, supports 

Executive Order 13175 by streamlining 

the process for FDPIR ITOs and State 

agencies to apply for waivers of specific 

regulatory requirements and further 

supports the comments received of 

providing additional flexibility to better 

reflect Tribal sovereignty. 

The Department has simplified the 

language of the provision to be more in 

line with current SNAP waiver 

language, but the effect of the provision 

has not changed from what was 

proposed. While this provision will be 

effective upon publication of the final 

rule, the Department commits to further 

consultation on the implementation of 

this provision, including the waiver 

submission process, as needed. 

E. Administration of the Food 

Distribution Program for Indian 

Households in Oklahoma (7 CFR Part 

254) 

Circumstances unique to distributing 

FDPIR to households residing in FNS 

services areas in Oklahoma are 

addressed in 7 CFR part 254. This final 

rule codifies changes to 7 CFR part 254 

to align with updates made to 7 CFR 

part 253 as proposed. The technical 

updates to 7 CFR part 254 include 

replacing the outdated term 

‘‘commodities’’ with ‘‘USDA Foods’’ to 

further align the program with the 

definition of ‘‘USDA Foods’’ in 7 CFR 

part 250. In accordance with the 

finalized changes in d. Food 

Distribution on Indian Reservations, ii. 

Removal of Urban Place Definition 

(§§ 253.2 and 253.5), the Department is 

removing the references to the urban 

place definition and related terminology 

and the requirement to provide 

justification to FNS. 

The Department did not receive any 

comments specific to changes made in 

7 CFR part 254. 

Section 2. Implementation 

The Department initially proposed 

that State agencies, ITOs, and other 

affected parties must implement the 

provisions of the proposed rule no later 

than 60 days after the date of 

publication of the final rule in the 

Federal Register. The Department 

sought comments on the type and scope 

of administrative burden that may be 

associated with implementing the 

provisions in this proposed rule in this 

manner. 

Commenters generally highlighted 

time, limited resources, and systems 

changes needed to successfully 

implement some of the provisions in 

this final rule. After evaluating 

comments, the Department is providing 

a 60-day implementation timeline for all 

provisions, with the exception of the 

following: 

1. Two provisions will be effective 

immediately upon publication of the 

final rule: 

a. Under 5 U.S.C. 553(d)(1), because 

this provision recognizes an exemption, 

the Department is making the 

Establishment of Administrative Waiver 

Authority in FDPIR (7 CFR 253.12) 

effective immediately upon the date of 

publication of this final rule. 

b. Under 5 U.S.C. 553(d)(1), because 

this provision relieves a restriction, the 

Department is making the Removal of 

Prohibition on Simultaneous Provision 

of USDA [Donated] Foods and D–SNAP 

during a Disaster (§§ 250.69(c)(2) 

and 250.70(d)) effective immediately 

upon the date of publication of this final 

rule. 

2. The Department is establishing a 

12-month implementation period for the 

following six provisions: 

a. CSFP State Plan Requirement 

(§§ 247.6(a) and 247.5(b)(17)); 

b. CSFP Public Posting of the 

Availability of USDA Foods 

(§ 247.5(b)(16); 

c. CSFP Referral Materials for the 

Senior Farmers’ Market Nutrition 

Program (§ 247.14(a)(4)); 

d. TEFAP Requirement for the Public 

Posting of Availability of USDA Foods 

Through TEFAP (§ 251.4(l)); 

e. TEFAP Household Distribution 

Participation Reporting (§ 251.10(b)(4)); 

and 


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f. TEFAP Public Posting of Statewide 

TEFAP Eligibility Criteria (§ 251.5(b)). 

State agencies are allowed and 

encouraged to implement these 

provisions prior to the 12-month 

deadline. For more information on each 

of these provisions, please refer to 

section 1. Background and Discussion of 

the Final Rule. 

Severability: If any provision of such 

section promulgated through this final 

rule, ‘‘Food Distribution Programs: 

Improving Access and Parity’’ (FNS– 

2024–00XX; RIN 054–AE92), is held to 

be invalid or unenforceable by its terms, 

or as applied to any person or 

circumstances, it shall be severable and 

not affect the remainder thereof. 

Section 3. Procedural Matters 

Executive Order 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

This final rule has been determined to 

be not significant and was not reviewed 

by the Office of Management and 

Budget (OMB) in conformance with 

Executive Order 12866. 

Regulatory Impact Analysis 

This rule has been designated as not 

significant by the Office of Management 

and Budget, therefore, no Regulatory 

Impact Analysis is required. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612) requires Agencies to 

analyze the impact of rulemaking on 

small entities and consider alternatives 

that would minimize any significant 

impacts on a substantial number of 

small entities. Pursuant to that review, 

it has been certified that this rule would 

not have a significant impact on a 

substantial number of small entities. 

While there may be some burden/ 

impact on some small eligible recipient 

agencies in TEFAP because of the 

proposed requirement to report 

participation in TEFAP, the impact is 

not significant because these entities are 

already collecting this information as a 

part of their normal program operations 

under existing regulatory requirements. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘major rule, 

as defined by 5 U.S.C. 804(2). 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

the Department generally must prepare 

a written statement, including a cost 

benefit analysis, for proposed and final 

rules with ‘‘Federal mandates’’ that may 

result in expenditures by State, local or 

Tribal governments, in the aggregate, or 

the private sector, of $146 million or 

more (when adjusted for inflation; GDP 

deflator source: Table 1.1.9 at http://

www.bea.gov/iTable in any one year. 

When such a statement is needed for a 

rule, Section 205 of the UMRA generally 

requires the Department to identify and 

consider a reasonable number of 

regulatory alternatives and adopt the 

most cost effective or least burdensome 

alternative that achieves the objectives 

of the rule. 

This final rule does not contain 

Federal mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local and tribal governments or 

the private sector of $146 million or 

more in any one year. Thus, the rule is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. 

Executive Order 12372 

Program names are listed in the 

Catalog of Federal Domestic Assistance 

under Numbers 10.565 (CSFP), 10.569 

(TEFAP), 10.568 (TEFAP Administrative 

Costs), 10.567 (FDPIR), and are subject 

to Executive Order 12372, which 

requires intergovernmental consultation 

with State and local officials. (See 2 CFR 

chapter IV.) 

Federalism Summary Impact Statement 

Executive Order 13132 requires 

Federal agencies to consider the impact 

of their regulatory actions on State and 

local governments. Where such actions 

have federalism implications, agencies 

are directed to provide a statement for 

inclusion in the preamble to the 

regulations describing the agency’s 

considerations in terms of the three 

categories called for under Section 

(6)(b)(2)(B) of Executive Order 13132. 

The Department has determined that 

this rule does not have Federalism 

implications. This rule does not impose 

substantial or direct compliance costs 

on State and local governments. 

Therefore, under Section 6(b) of the 

Executive Order, a Federalism summary 

impact statement is not required. 

Executive Order 12988, Civil Justice 

Reform 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is intended to 

have preemptive effect with respect to 

any State or local laws, regulations or 

policies which conflict with its 

provisions or which would otherwise 

impede its full and timely 

implementation. This rule is not 

intended to have retroactive effect 

unless so specified in the Effective Dates 

section of the final rule. Prior to any 

judicial challenge to the provisions of 

the final rule, all applicable 

administrative procedures must be 

exhausted. 

Civil Rights Impact Analysis 

FNS has reviewed the final rule, in 

accordance with the Department 

Regulation 4300–004 ‘‘Civil Rights 

Impact Analysis,’’ to identify and 

address any major civil rights impacts 

the final rule might have on participants 

on the basis of race, sex (including 

gender identity and sexual orientation), 

national origin, disability, or age. The 

requirements outlined in the final rule 

aim to remove barriers to access and 

improve parity across programs. The 

final rule would impact State agencies, 

ITOs, local agencies, and food banks in 

ways that are expected to increase 

equity and access for participants. 

To mitigate potential impacts on 

program access, FNS will provide State 

agencies with technical assistance 

aimed at ensuring that communication 

about program changes is available in 

appropriate languages and in alternative 

formats for persons with disabilities. 

After reviewing the potential impacts, 

FNS does not believe the final rule 

would result in civil rights impacts on 

protected groups of participants and 

applicants. However, the FNS Civil 

Rights Division will propose further 

outreach and mitigation strategies to 

alleviate any unforeseen impacts, if 

deemed necessary. 

Executive Order 13175 

Executive Order 13175 requires 

Federal agencies to consult and 

coordinate with Tribes on a 

government-to-government basis on 

policies that have Tribal implications, 

including regulations, legislative 

comments or proposed legislation, and 

other policy statements or actions that 

have substantial direct effects on one or 

more Indian Tribes, on the relationship 


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87244 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

On November 8, 2022, December 6 

and 13, 2022, February 22, 2023, and 

June 27, 2023, FNS provided the 

opportunity for Tribal consultation on 

the proposed rule and received 

substantive feedback from several Tribal 

leaders which were taken into 

consideration during the development 

of the proposed rule. FNS also 

consulted with Tribal leaders on the 

implementation of the final rule on 

February 16, 2024. Notes from these 

consultations are available at https://

www.usda.gov/tribalrelations/tribalconsultations. 

If a Tribe requests additional 

consultation in the future, FNS will 

work with the USDA Office of Tribal 

Relations to ensure meaningful 

consultation is provided. We are 

unaware of current Tribal laws that 

could be in conflict with this rule. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; 5 CFR 1320) 

requires the Office of Management and 

Budget (OMB) approve all collections of 

information by a Federal agency before 

they can be implemented. Respondents 

are not required to respond to any 

collection of information unless it 

displays a current valid OMB control 

number. 

The information collection and 

recordkeeping requirements included in 

this final rule have been submitted by 

the Agency to OMB for approval which 

is currently pending. FNS will not 

collect any information associated with 

this rule until the information 

collections are approved by OMB. 

E-Government Act Compliance 

The Department is committed to 

complying with the E-Government Act, 

to promote the use of the internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

List of Subjects 

7 CFR Part 247 

Aged, Agricultural commodities, Food 

assistance programs, Public assistance 

programs. 

7 CFR Part 250 

Administrative practice and 

procedure, Aged, Disaster assistance, 

Food assistance programs, Grant 

programs—social programs, Indians, 

Infants and children, Reporting and 

recordkeeping requirements, Surplus 

agricultural commodities. 

7 CFR Part 251 

Food assistance programs, Grant 

programs—social programs, Reporting 

and recordkeeping requirements, 

Surplus agricultural commodities. 

7 CFR Part 253 

Administrative practice and 

procedure, Agricultural commodities, 

Food assistance programs, Grant 

programs—social programs, Indians, 

Reporting and recordkeeping 

requirements, Surplus agricultural 

commodities. 

7 CFR Part 254 

Food assistance programs, Grant 

programs—social programs, Indians, 

Reporting and recordkeeping 

requirements, Surplus agricultural 

commodities. 

Accordingly, 7 CFR parts 247, 250, 

251, 253, and 254 are amended as 

follows: 

PART 247—COMMODITY 

SUPPLEMENTAL FOOD PROGRAM 

■ 1. The authority citation for part 247 

continues to read as follows: 

Authority: Sec. 5, Pub. L. 93–86, 87 Stat. 

249, as added by Sec. 1304(b)(2), Pub. L. 95– 

113, 91 Stat. 980 (7 U.S.C. 612c note); sec. 

1335, Pub. L. 97–98, 95 Stat. 1293 (7 U.S.C. 

612c note); sec. 209, Pub. L. 98–8, 97 Stat. 

35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98– 

92, 97 Stat. 611 (7 U.S.C. 612c note); sec. 

1562, Pub. L. 99–198, 99 Stat. 1590 (7 U.S.C. 

612c note); sec. 101(k), Pub. L. 100–202; sec. 

1771(a), Pub. L. 101–624, 101 Stat. 3806 (7 

U.S.C. 612c note); sec 402(a), Pub. L. 104– 

127, 110 Stat. 1028 (7 U.S.C. 612c note); sec. 

4201, Pub. L. 107–171, 116 Stat. 134 (7 U.S.C. 

7901 note); sec. 4221, Pub. L. 110–246, 122 

Stat. 1886 (7 U.S.C. 612c note); sec. 4221, 

Pub. L. 113–79, 7 U.S.C. 612c note). 

■ 2. Amend § 247.1 by: 

■ a. Removing the definitions of 

‘‘Commodities’’ and ‘‘Elderly persons’’; 

■ b. Revising the definitions of ‘‘Proxy’’ 

and ‘‘Subdistributing agency’’; and 

■ c. Adding in alphabetical order a 

definition for ‘‘USDA Foods’’. 

The revisions and addition read as 

follows: 

§ 247.1 Definitions. 

* * * * * 

Proxy means any person designated 

by a participant or caretaker to obtain 

USDA Foods on behalf of the 

participant. 

* * * * * 

Subdistributing agency means an 

agency or organization that has entered 

into an agreement with the State agency 

to perform functions normally 

performed by the State, such as entering 

into agreements with eligible recipient 

agencies under which USDA Foods are 

made available, ordering USDA Foods 

and/or making arrangements for the 

storage and delivery of such USDA 

Foods on behalf of eligible recipient 

agencies. 

USDA Foods means nutritious foods 

purchased by USDA to supplement the 

diets of CSFP participants, also referred 

to as donated foods. 

* * * * * 

§ 247.2 [Amended] 

■ 3. In § 247.2 amend paragraph (a): 

■ a. In the first sentence, by removing 

the term ‘‘commodities’’ and adding in 

its place the term ‘‘USDA Foods’’; 

■ b. In the first sentence, by removing 

the term ‘‘elderly persons’’ and adding 

in its place the term ‘‘participants’’; and 

■ c. Removing the second sentence. 

§ 247.3 [Amended] 

■ 4. Amend § 247.3 in the first and fifth 

sentences of paragraph (a) by removing 

the term ‘‘commodities’’ and adding in 

its place the term ‘‘USDA Foods’’. 

§ 247.4 [Amended] 

■ 5. Amend § 247.4 by removing the 

term ‘‘commodities’’ wherever it 

appears in paragraphs (a)(1) through (3), 

(b)(3), and (c)(3) and adding in its place 

the term ‘‘USDA Foods’’. 

■ 6. Amend § 247.5 by: 

■ a. Revising paragraphs (a)(2) through 

(4) and (b)(14) and (15); 

■ b. Adding paragraphs (b)(16) and (17); 

and 

■ c. Revising paragraph (c)(7). 

The revisions and additions read as 

follows: 

§ 247.5 State and local agency 

responsibilities. 

* * * * * 

(a) * * * 

(2) Ordering USDA Foods for 

distribution; 

(3) Storing and distributing USDA 

Foods; 

(4) Establishing procedures for 

resolving complaints about USDA 

Foods; 

* * * * * 

(b) * * * 

(14) Providing guidance to local 

agencies, as needed; 

(15) Ensuring that program 

participation does not exceed the State 

agency’s caseload allocation on an 

average monthly basis; and 

(16) Making publicly available a list of 

all CSFP local agencies on a publicly 

available internet web page. The State 

agency must post the name, address, 


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and telephone number for each local 

agency. The list must be updated, at a 

minimum, on an annual basis. 

(17) Posting the State Plan that is 

currently in use on a publicly available 

internet web page. 

(c) * * * 

(7) Meeting the special needs of 

homebound participants, to the extent 

possible; and 

* * * * * 

■ 7. Amend § 247.6 by revising the last 

sentence of paragraph (a), revising 

paragraphs (c)(5) and (6) and (10) 

through (12), and adding paragraph 

(c)(13) to read as follows: 

§ 247.6 State Plan. 

(a) * * * A copy of the State Plan 

must be kept on file at the State agency 

and must also be posted on a publicly 

available internet web page for public 

inspection. 

* * * * * 

(c) * * * 

(5) A description of plans for 

conducting outreach to participants; 

(6) A description of the system for 

storing and distributing USDA Foods; 

* * * * * 

(10) A description of the means by 

which the State will meet the needs of 

homebound participants; 

(11) Copies of all agreements entered 

into by the State agency; 

(12) The length of the State agency’s 

certification period; and 

(13) A description of the process in 

place to verify the identity of 

participants before receipt of USDA 

Foods. 

* * * * * 

■ 8. Amend § 247.9 by revising 

paragraphs (b), (c), (d)(2) introductory 

text, and (d)(3) to read as follows: 

§ 247.9 Eligibility requirements. 

* * * * * 

(b) What are the income eligibility 

requirements for CSFP applicants? The 

State agency must use a household 

income limit at or below 150 percent of 

the U.S. Federal Poverty Guidelines 

published annually by the U.S. 

Department of Health and Human 

Services (HHS). Participants in 

households with income at or below 

this level must be considered eligible for 

CSFP benefits (assuming they meet 

other requirements contained in this 

part). However, participants certified 

before September 17, 1986 (i.e., under 

the three elderly pilot projects) must 

remain subject to the eligibility criteria 

in effect at the time of their certification. 

(1) The State agency may accept as 

income-eligible for CSFP benefits any 

applicant that documents that they are 

certified as fully eligible for the 

following Federal programs: the 

Supplemental Nutrition Assistance 

Program, the Food Distribution Program 

on Indian Reservations, Supplemental 

Security Income (SSI), the Low Income 

Subsidy Program, and the Medicare 

Savings Programs. 

(2) The State agency may accept, as 

evidence of income within the State 

agency’s CSFP guidelines, 

documentation of the applicant’s 

participation in State-administered 

programs not specified in this paragraph 

that routinely require documentation of 

income, provided that those programs 

have income eligibility guidelines at or 

below the State agency’s CSFP 

threshold. 

(3) Applicants who are adjunctively 

income eligible, as set forth in 

paragraphs (b)(1) and (2) of this section, 

shall not be subject to the income limits 

established under paragraph (b) of this 

section. 

(c) When must the State agency revise 

the CSFP income guidelines to reflect 

the annual adjustments of the U.S. 

Federal Poverty Guidelines? Each year, 

FNS will notify State agencies, by 

memorandum, of adjusted income 

guidelines by household size at 150 

percent and 100 percent of the U.S. 

Federal Poverty Guidelines published 

annually by HHS. The memorandum 

will reflect the annual adjustments to 

the U.S. Federal Poverty Guidelines 

issued by HHS. The State agency must 

implement the adjusted guidelines 

immediately upon receipt of the 

memorandum. 

(d) * * * 

(2) The State agency may exclude 

from consideration the following 

sources of income: 

* * * * * 

(3) The State agency must exclude 

from consideration all income sources 

excluded by legislation. FNS will notify 

State agencies of forms of income 

excluded by statute through program 

policy memoranda. The income sources 

which must be excluded from 

consideration as income include, but are 

not limited to: 

(i) Reimbursements from the Uniform 

Relocation Assistance and Real Property 

Acquisition Policies Act of 1970 (Pub. L. 

91–646, sec. 216, 42 U.S.C. 4636); 

(ii) Any payment to volunteers under 

Title I (VISTA and others) and Title II 

(RSVP, foster grandparents, and others) 

of the Domestic Volunteer Service Act 

of 1973 (Pub. L. 93–113, sec. 404(g), 42 

U.S.C. 5044(g)) to the extent excluded 

by that Act; 

(iii) Payment to volunteers under 

section 8(b)(1)(B) of the Small Business 

Act (SCORE and ACE) (Pub. L. 95–510, 

sec. 101, 15 U.S.C. 637(b)(1)(D)); 

(iv) Income derived from certain 

submarginal land of the United States 

which is held in trust for certain Indian 

Tribes (Pub. L. 94–114, sec. 6, 25 U.S.C. 

459e); 

(v) Payments received under the Job 

Training Partnership Act (Pub. L. 97– 

300, sec. 142(b), 29 U.S.C. 1552(b)); 

(vi) Income derived from the 

disposition of funds to the Grand River 

Band of Ottawa Indians (Pub. L. 94–540, 

sec. 6); 

(vii) Payments received under the 

Alaska Native Claims Settlement Act 

(Pub. L. 100–241, sec. 15, 43 U.S.C. 

1626(c)); 

(viii) The value of assistance to 

children or their families under the 

National School Lunch Act, as amended 

(Pub. L. 94–105, sec. 9(d), 42 U.S.C. 

1760(e)), the Child Nutrition Act of 1966 

(Pub. L. 89–642, sec. 11(b), 42 U.S.C. 

1780(b)), and the Food and Nutrition 

Act of 2008 (Pub. L. 95–113, sec. 1301, 

7 U.S.C. 2017(b)); 

(ix) Payments by the Indian Claims 

Commission to the Confederated Tribes 

and Bands of the Yakima Indian Nation 

or the Apache Tribe of the Mescalero 

Reservation (Pub. L. 95–433, sec. 2, 25 

U.S.C. 609c–1); 

(x) Payments to the Passamaquoddy 

Tribe and the Penobscot Nation or any 

of their members received pursuant to 

the Maine Indian Claims Settlement Act 

of 1980 (Pub. L. 96–420, sec. 6, 9(c), 25 

U.S.C. 1725(i), 1728(c)); 

(xi) Payments under the Low-income 

Home Energy Assistance Act, as 

amended (Pub. L. 99–125, sec. 504(c), 

42 U.S.C. 8624(f)); 

(xii) Student financial assistance 

received from any program funded in 

whole or part under Title IV of the 

Higher Education Act of 1965, including 

the Pell Grant, Supplemental 

Educational Opportunity Grant, State 

Student Incentive Grants, National 

Direct Student Loan, PLUS, College 

Work Study, and Byrd Honor 

Scholarship programs, which is used for 

costs described in section 472(1) and (2) 

of that Act (Pub. L. 99–498, section 

479B, 20 U.S.C. 1087uu). The specified 

costs set forth in section 472(1) and (2) 

of the Higher Education Act are tuition 

and fees normally assessed a student 

carrying the same academic workload as 

determined by the institution, and 

including the costs for rental or 

purchase of any equipment, materials, 

or supplies required of all students in 

the same course of study; and an 

allowance for books, supplies, 

transportation, and miscellaneous 

personal expenses for a student 

attending the institution on at least a 


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half-time basis, as determined by the 

institution. The specified costs set forth 

in section 472(1) and (2) of the Act are 

those costs which are related to the 

costs of attendance at the educational 

institution and do not include room and 

board and dependent care expenses; 

(xiii) Payments under the Disaster 

Relief Act of 1974, as amended by the 

Disaster Relief and Emergency 

Assistance Amendments of 1989 (Pub. 

L. 100–707, sec. 105(i), 42 U.S.C. 

5155(d)); 

(xiv) Effective July 1, 1991, payments 

received under the Carl D. Perkins 

Vocational Education Act, as amended 

by the Carl D. Perkins Vocational and 

Applied Technology Education Act 

Amendments of 1990 (Pub. L. 101–392, 

sec. 501, 20 U.S.C. 2466d); 

(xv) Payments pursuant to the Agent 

Orange Compensation Exclusion Act 

(Pub. L. 101–201, sec. 1); 

(xvi) Payments received for Wartime 

Relocation of Civilians under the Civil 

Liberties Act of 1988 (Pub. L. 100–383, 

sec. 105(f)(2), 50 App. U.S.C. 1989b– 

4(f)(2)); 

(xvii) Value of any child care 

payments made under section 

402(g)(1)(E) of the Social Security Act, 

as amended by the Family Support Act 

(Pub. L. 100–485, sec. 301, 42 U.S.C. 

602 (g)(1)(E)); 

(xviii) Value of any ‘‘at-risk’’ block 

grant child care payments made under 

section 5081 of Pub. L. 101–508, which 

amended section 402(i) of the Social 

Security Act; 

(xix) Value of any child care provided 

or paid for under the Child Care and 

Development Block Grant Act, as 

amended (Pub. L. 102–586, Sec. 8(b)), 

42 U.S.C. 9858q); 

(xx) Mandatory salary reduction 

amount for military service personnel 

which is used to fund the Veteran’s 

Educational Assistance Act of 1984 (GI 

Bill), as amended (Pub. L. 99–576, sec. 

303(a)(1), 38 U.S.C. 1411 (b)); 

(xxi) Payments received under the 

Old Age Assistance Claims Settlement 

Act, except for per capita shares in 

excess of $2,000 (Pub. L. 98–500, sec. 8, 

25 U.S.C. 2307); 

(xxii) Payments received under the 

Cranston-Gonzales National Affordable 

Housing Act, unless the income of the 

family equals or exceeds 80 percent of 

the median income of the area (Pub. L. 

101–625, sec. 522(i)(4), 42 U.S.C. 1437f 

nt); 

(xxiii) Payments received under the 

Housing and Community Development 

Act of 1987, unless the income of the 

family increases at any time to not less 

than 50 percent of the median income 

of the area (Pub. L. 100–242, sec. 

126(c)(5)(A), 25 U.S.C. 2307); 

(xxiv) Payments received under the 

Sac and Fox Indian claims agreement 

(Pub. L. 94–189, sec. 6); 

(xxv) Payments received under the 

Judgment Award Authorization Act, as 

amended (Pub. L. 97–458, sec. 4, 25 

U.S.C. 1407 and Pub. L. 98–64, sec. 2(b), 

25 U.S.C. 117b(b)); 

(xxvi) Payments for the relocation 

assistance of members of Navajo and 

Hopi Tribes (Pub. L. 93–531, sec. 22, 22 

U.S.C. 640d–21); 

(xxvii) Payments to the Turtle 

Mountain Band of Chippewas, Arizona 

(Pub. L. 97–403, sec. 9); 

(xxviii) Payments to the Blackfeet, 

Grosventre, and Assiniboine Tribes 

(Montana) and the Papago (Arizona) 

(Pub. L. 97–408, sec. 8(d)); 

(xxiv) Payments to the Assiniboine 

Tribe of the Fort Belknap Indian 

community and the Assiniboine Tribe of 

the Fort Peck Indian Reservation 

(Montana) (Pub. L. 98–124, sec. 5); 

(xxx) Payments to the Red Lake Band 

of Chippewas (Pub. L. 98–123, sec. 3); 

(xxxi) Payments received under the 

Saginaw Chippewa Indian Tribe of 

Michigan Distribution of Judgment 

Funds Act (Pub. L. 99–346, sec. 6(b)(2)); 

(xxxii) Payments to the Chippewas of 

Mississippi (Pub. L. 99–377, sec. 4(b)); 

(xxxiii) Payments received by 

members of the Armed Forces and their 

families under the Family Supplemental 

Subsistence Allowance from the 

Department of Defense (Pub. L. 109– 

163, sec. 608); and 

(xxxiv) Payments received by 

property owners under the National 

Flood Insurance Program (Pub. L. 109– 

64). 

(xxxv) Combat pay received by the 

household member under Chapter 5 of 

Title 37 or as otherwise designated by 

the Secretary. 

* * * * * 

■ 9. Revise § 247.10 to read as follows: 

§ 247.10 Distribution and use of USDA 

Foods. 

(a) What are the requirements for 

distributing USDA Foods to 

participants? The local agency must 

distribute a package of USDA Foods to 

participants each month, or a twomonth supply of USDA Foods to 

participants every other month, in 

accordance with the food package guide 

rates established by FNS. 

(b) What must the local agency do to 

ensure that USDA Foods are distributed 

only to CSFP participants? The local 

agency must have a process in place, in 

accordance with State agency 

requirements, to verify the identity of 

participants or the participant’s proxy 

before distributing USDA Foods to that 

person. 

(c) What restrictions apply to State 

and local agencies in the distribution of 

USDA Foods? State and local agencies 

must not require, or request, that 

participants make any payments, or 

provide any materials or services, in 

connection with the receipt of USDA 

Foods. State and local agencies must not 

use the distribution of USDA Foods as 

a means of furthering the political 

interests of any person or party. 

(d) What are the restrictions for the 

use of USDA Foods? USDA Foods may 

not be used for outreach, refreshments, 

or for any purposes other than 

distribution to, and nutrition education 

for, CSFP participants. 

■ 10. Amend § 247.14 by revising 

paragraphs (a)(2) and (3) and adding 

paragraph (a)(4) to read as follows: 

§ 247.14 Other public assistance 

programs. 

(a) * * * 

(2) Medical assistance provided under 

Title XIX of the Social Security Act (42 

U.S.C. 1396 et seq.), including medical 

assistance provided to a qualified 

Medicare beneficiary (42 U.S.C. 1395(p) 

and 1396d(5)); 

(3) The Supplemental Nutrition 

Assistance Program (7 U.S.C. 2011 et 

seq.); and 

(4) The Senior Farmers’ Market 

Nutrition Program (7 U.S.C. 3007 et 

seq.). 

* * * * * 

■ 11. Amend § 247.18 by revising 

paragraphs (b)(1) and (2) and (d) to read 

as follows: 

§ 247.18 Nutrition education. 

* * * * * 

(b) * * * 

(1) The nutritional value of USDA 

Foods, and their relationship to the 

overall dietary needs of the population 

groups served; 

(2) Nutritious ways to use USDA 

Foods; 

* * * * * 

(d) May USDA Foods be used in 

cooking demonstrations? Yes. The State 

or local agency, or another agency with 

which it has signed an agreement, may 

use USDA Foods to conduct cooking 

demonstrations as part of the nutrition 

education provided to program 

participants, but not for other purposes. 

§ 247.20 [Amended] 

■ 12. Amend § 247.20: 

■ a. In paragraph (a)(3), by removing the 

term ‘‘commodities’’ and adding in its 

place the term ‘‘USDA Foods’’; and 

■ b. In paragraphs (b)(1) through (3) by 

removing the term ‘‘CSFP commodities’’ 

and adding in its place the term ‘‘USDA 

Foods’’. 


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■ 13. Amend § 247.21 by revising the 

first sentence of paragraph (a)(3) to read 

as follows: 

§ 247.21 Caseload assignment. 

(a) * * * 

(3) * * * Each State agency 

requesting to begin participation in the 

program, and with an approved State 

Plan, may receive caseload to serve 

participants, as requested in the State 

Plan. * * * 

* * * * * 

§ 247.25 [Amended] 

■ 14. Amend § 247.25 in paragraph (e) 

by removing the term ‘‘commodities’’ 

and adding in its place ‘‘USDA Foods’’. 

■ 15. Revise § 247.28 to read as follows: 

§ 247.28 Storage and inventory of USDA 

Foods. 

(a) What are the requirements for 

storage of USDA Foods? State and local 

agencies must provide for storage of 

USDA Foods that protects them from 

theft, spoilage, damage or destruction, 

or other loss. State and local agencies 

may contract with commercial facilities 

to store and distribute USDA Foods. The 

required standards for warehousing and 

distribution systems, and for contracts 

with storage facilities, are included in 

§§ 250.12 and 250.14 of this chapter. 

(b) What are the requirements for the 

inventory of USDA Foods? A physical 

inventory of all USDA Foods must be 

conducted annually at each storage and 

distribution site where these USDA 

Foods are stored. Results of the physical 

inventory must be reconciled with 

inventory records and maintained on 

file by the State or local agency. 

■ 16. Amend § 247.29 by revising 

paragraphs (a) and (b)(2)(ii) to read as 

follows: 

§ 247.29 Reports and recordkeeping. 

(a) What recordkeeping requirements 

must State and local agencies meet? 

State and local agencies must maintain 

accurate and complete records relating 

to the receipt, disposal, and inventory of 

USDA Foods, the receipt and 

disbursement of administrative funds 

and other funds, eligibility 

determinations, fair hearings, and other 

program activities. State and local 

agencies must also maintain records 

pertaining to liability for any improper 

distribution of, use of, loss of, or damage 

to USDA Foods, and the results 

obtained from the pursuit of claims 

arising in favor of the State or local 

agency. All records must be retained for 

a period of three years from the end of 

the fiscal year to which they pertain, or, 

if they are related to unresolved claims 

actions, audits, or investigations, until 

those activities have been resolved. All 

records must be available during normal 

business hours for use in management 

reviews, audits, investigations, or 

reports of the General Accounting 

Office. 

(b) * * * 

(2) * * * 

(ii) The receipt and distribution of 

USDA Foods, and beginning and ending 

inventories, as well as other USDA 

Foods data; and 

* * * * * 

■ 17. Amend § 247.30 by revising 

paragraphs (b), (c), (d) introductory text, 

and (d)(1) to read as follows: 

§ 247.30 Claims. 

* * * * * 

(b) What happens if a State or local 

agency misuses USDA Foods? If a State 

or local agency misuses USDA Foods, 

FNS must initiate a claim against the 

State agency to recover the value of the 

misused USDA Foods. The procedures 

for pursuing claims resulting from 

misuse of USDA Foods are detailed in 

§ 250.16(a) of this chapter. Misused 

USDA Foods include USDA Foods 

improperly distributed or lost, spoiled, 

stolen, or damaged as a result of 

improper storage, care, or handling. The 

State agency is responsible for initiating 

and pursuing claims against 

subdistributing agencies, local agencies, 

or other agencies or organizations if they 

misuse USDA Foods. The State agency 

must use funds recovered as a result of 

claims for USDA Foods losses in 

accordance with § 250.17(c) of this 

chapter. 

(c) What happens if a participant 

improperly receives or uses CSFP 

benefits through fraud? The State 

agency must ensure that a local agency 

initiates a claim against a participant to 

recover the value of USDA Foods 

improperly received or used if the local 

agency determines that the participant 

or caretaker of the participant 

fraudulently received or used the USDA 

Foods. For purposes of this program, 

fraud includes intentionally making 

false or misleading statements, or 

intentionally withholding information, 

to obtain USDA Foods, or the selling or 

exchange of USDA Foods for non-food 

items. The local agency must advise the 

participant of the opportunity to appeal 

the claim through the fair hearing 

process, in accordance with § 247.33(a). 

The local agency must also disqualify 

the participant from CSFP for a period 

of up to one year, unless the local 

agency determines that disqualification 

would result in a serious health risk, in 

accordance with the requirements of 

§ 247.20(b). 

(d) What procedures must be used in 

pursuing claims against participants? 

The State agency must establish 

standards, based on a cost-benefit 

review, for determining when the 

pursuit of a claim is cost-effective, and 

must ensure that local agencies use 

these standards in determining if a 

claim is to be pursued. In pursuing a 

claim against a participant, the local 

agency must: 

(1) Issue a letter demanding 

repayment for the value of the USDA 

Foods improperly received or used; 

* * * * * 

§ 247.31 [Amended] 

■ 18. Amend § 247.31 in paragraph (d) 

by removing the term ‘‘CSFP 

commodities’’ and adding in its place 

the term ‘‘USDA Foods’’. 

§ 247.33 [Amended] 

■ 19. Amend § 247.33 in paragraph (a) 

by removing the term ‘‘commodities’’ 

and adding in its place the term ‘‘USDA 

Foods’’. 

PART 250—DONATION OF FOODS 

FOR USE IN THE UNITED STATES, ITS 

TERRITORIES AND POSSESSIONS 

AND AREAS UNDER ITS 

JURISDICTION 

■ 20. The authority citation for part 250 

continues to read as follows: 

Authority: 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. 

■ 21. Revise § 250.69 to read as follows: 

§ 250.69 Disasters. 

(a) Use of USDA Foods to provide 

congregate meals. The distributing 

agency may provide USDA 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. 

(1) Notification of congregate meals 

activity to FNS. Prior to using USDA 

Foods for congregate meals under this 

section, 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. 

(2) Selection of disaster organizations 

for disaster congregate meal service by 


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the distributing agency. Distributing 

agencies are responsible for choosing 

disaster organizations to implement 

congregate meal service, subject to FNS 

approval as described in paragraph 

(a)(1) of this section. Before distribution 

of USDA Foods to a disaster 

organization for congregate meal 

service, the distributing agency must 

review and approve such organization’s 

application in accordance with 

applicable FNS guidance. A disaster 

organization’s application must be 

submitted to the distributing agency in 

written form. The disaster organization’s 

application must, to the extent possible, 

include the following information at a 

minimum: 

(i) A description of the disaster 

situation; 

(ii) The number of people requiring 

assistance; 

(iii) The period of time for which 

USDA Foods are requested; 

(iv) The quantity and types of USDA 

Foods needed; and 

(v) The name, number, and location of 

sites where USDA Foods are to be used, 

to the extent that such information is 

known. 

(3) Eligibility of emergency relief 

workers for congregate meals. The 

disaster organization may use USDA 

Foods to provide meals to any 

emergency relief workers at the 

congregate feeding site who are directly 

engaged in providing relief assistance. 

(b) Use of USDA Foods for 

distribution to households. Subject to 

FNS approval, the distributing agency 

may provide USDA Foods from current 

inventories in accordance with 

paragraph (c) of this section, 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. 

Once approved, such distribution may 

continue for the period that FNS has 

determined to be necessary to meet the 

needs of such households. Distributing 

agencies may request an extension of 

the distribution period, subject to FNS 

approval. 

(1) FNS approval of disaster 

household distribution. Before 

permitting the distribution of USDA 

Foods to a disaster organization for 

household distribution, the distributing 

agency must submit an application to 

FNS for review and approval. The 

distributing agency’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 

USDA Foods are requested; 

(iv) The quantity and types of USDA 

Foods needed; 

(v) The name, number, and location of 

sites where USDA Foods are to be used, 

to the extent that such information is 

known; 

(vi) An explanation as to why 

household distribution is needed; and 

(vii) The method(s) of distribution 

available. 

(2) Selection of a disaster organization 

for disaster household distribution of 

USDA Foods. Distributing agencies are 

responsible for choosing disaster 

organizations to implement a disaster 

household distribution, subject to FNS 

approval as described in paragraph 

(b)(1) of this section. Before distribution 

of USDA 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 USDA Foods 

to households. 

(c) Limitation on impacts to other 

programs. Distributing agencies must 

ensure that the operation of disaster 

congregate meal service and/or disaster 

household distribution is not 

administered in lieu of regular program 

operations nor does it negatively impact 

the distribution of USDA Foods through 

other programs administered by the 

distributing agency. 

(d) Reporting and recordkeeping 

requirements. The distributing agency 

must report the following to FNS: 

(1) The number, names, and locations 

of sites where USDA Foods are used in 

congregate meals or household 

distribution as these sites are 

established. 

(2) The types and amounts of USDA 

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 USDA Foods, 

in accordance with paragraph (e) of this 

section. The distributing agency must 

maintain records of reports and other 

information relating to disasters. 

(3) If the distributing agency is 

operating disaster household 

distribution per 250.69(b), the 

distributing agency must submit a 

biweekly report to FNS, utilizing the 

format requested by FNS, for the 

approved disaster period. This report 

must be submitted electronically 

biweekly as long as the disaster 

household distribution continues 

operation. Biweekly reports must 

include: 

(i) The weekly distribution start and 

end dates; 

(ii) The total number of individual 

household members receiving assistance 

at all locations; 

(iii) Material identification codes for 

USDA Foods distributed; 

(iv) the USDA Foods description of 

the foods distributed; and 

(v) the total units of each food 

distributed. 

(e) Replacement of USDA Foods. In 

order to ensure replacement of USDA 

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 USDA Foods 

used from inventories in which USDA 

Foods are commingled with other foods 

(i.e., at storage facilities of recipient 

agencies utilizing single inventory 

management), if the recipient agency 

received USDA Foods of the same type 

as the foods used during the year 

preceding the onset of the disaster 

assistance. FNS will replace such USDA 

Foods in the amounts used, or in the 

amount of like USDA Foods received 

during the preceding year, whichever is 

less. 

(f) Reimbursement of transportation 

costs. In order to receive reimbursement 

for any costs incurred in transporting 

USDA 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. 

■ 22. Revise § 250.70 to read as follows: 

§ 250.70 Situations of distress. 

(a) Use of USDA Foods to provide 

congregate meals. The distributing 

agency may provide USDA 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. 

(1) Notification of congregate meals 

activity to FNS. If the situation of 

distress results from a natural event 

(e.g., a hurricane, flood, or snowstorm), 

congregate meals may be provided for a 


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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 USDA Foods 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 

USDA Foods assistance for use in 

providing congregate meals for any 

period of time. 

(2) Selection of disaster organizations 

for disaster congregate meal service by 

the distributing agency. Distributing 

agencies are responsible for choosing 

disaster organizations to implement 

congregate meal service, subject to 

approval as described in paragraph 

(a)(1) of this section. Before distribution 

of USDA 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 in written form. The distributing 

agency must also submit such 

application to FNS for review and 

approval before permitting distribution 

of USDA Foods in a situation of distress 

that is not the result of a natural event. 

The disaster organization’s application 

must, to the extent possible, include the 

following information: 

(i) A description of the situation of 

distress; 

(ii) The number of people requiring 

assistance; 

(iii) The period of time for which 

USDA Foods are requested; 

(iv) The quantity and types of USDA 

Foods needed; and 

(v) The name, number, and location of 

sites where USDA Foods are to be used, 

to the extent that such information is 

known. 

(3) Eligibility of emergency relief 

workers for congregate meals. The 

disaster organization may use USDA 

Foods to provide meals to any 

emergency relief workers at the 

congregate feeding site that are directly 

engaged in providing relief assistance. 

(b) Use of USDA Foods for 

distribution to households. The 

distributing agency must receive FNS 

approval to provide USDA Foods from 

current inventories in accordance with 

paragraph (c) of this section, 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. Before permitting 

the distribution of USDA Foods for 

household distribution, the distributing 

agency must submit an application to 

FNS for review and approval. The 

distributing agency’s application must, 

to the extent possible, include the 

following information: 

(1) A description of the situation of 

distress; 

(2) The number of people requiring 

assistance; 

(3) The period of time for which 

USDA Foods are requested; 

(4) The quantity and types of USDA 

Foods needed; 

(5) The name, number, and location of 

sites where USDA Foods are to be used, 

to the extent that such information is 

known; 

(6) An explanation as to why 

household distribution is needed; and 

(7) The method(s) of distribution 

available. 

(c) Limitation on impacts to other 

programs. Distributing agencies must 

ensure that the operation of congregate 

meal service and/or disaster household 

distribution in situations of distress is 

not administered in lieu of regular 

program operations nor does it 

negatively impact the distribution of 

USDA Foods through other programs 

administered by the distributing agency. 

(d) Reporting and recordkeeping 

requirements. The distributing agency 

must report the following to FNS: 

(1) The number, names, and locations 

of sites where USDA Foods are used in 

congregate meals or household 

distribution as these sites are 

established. 

(2) The distributing agency must also 

report the types and amounts of USDA 

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 USDA Foods, 

in accordance with paragraph (e) of this 

section. The distributing agency must 

maintain records of reports and other 

information relating to situations of 

distress. 

(3) If the distributing agency is 

operating disaster household 

distribution per 250.70(b), the 

distributing agency must submit a 

biweekly report to FNS, utilizing the 

format requested by FNS, for the 

approved disaster period. This report 

must be submitted electronically 

biweekly as long as the disaster 

household distribution continues 

operation. Biweekly reports must 

include: 

(i) The weekly distribution start and 

end dates; 

(ii) The total number of individual 

household members receiving assistance 

at all locations; 

(iii) Material identification codes for 

USDA Foods distributed; 

(iv) The USDA Foods description of 

the foods distributed; and 

(v) The total units of each food 

distributed. 

(e) Replacement of USDA Foods. FNS 

will replace USDA 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 USDA 

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 USDA Foods are 

commingled with other foods (i.e., at 

storage facilities of recipient agencies 

utilizing single inventory management), 

if the recipient agency received USDA 

Foods of the same type as the USDA 

Foods used during the year preceding 

the onset of the situation of distress. 

Subject to the availability of funds, FNS 

will replace such USDA Foods in the 

amounts used, or in the amount of like 

USDA Foods received during the 

preceding year, whichever is less. 

(f) Reimbursement of transportation 

costs. In order to receive reimbursement 

for any costs incurred in transporting 

USDA 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. 

PART 251—THE EMERGENCY FOOD 

ASSISTANCE PROGRAM 

■ 23. The authority citation for part 251 

continues to read as follows: 

Authority: 7 U.S.C. 7501–7516; 7 U.S.C. 

2011–2036. 

§ 251.2 [Amended] 

■ 24. Amend § 251.2: 

■ a. In paragraph (a), by removing the 

term ‘‘food commodities’’ and adding in 

its place the term ‘‘USDA Foods’’; 

■ b. In paragraphs (c)(1) and (2), by 

removing the term ‘‘donated foods’’ 

wherever it appears and adding in its 

place the term ‘‘USDA Foods’’; 


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■ c. In paragraph (d)(1)(ii), by removing 

the term ‘‘commodities’’ and adding in 

its place the term ‘‘USDA Foods’’; and 

■ d. In paragraph (d)(2)(ii), by removing 

the terms ‘‘TEFAP commodities’’ and 

‘‘commodities’’ and adding in their 

place the term ‘‘USDA Foods’’. 

■ 25. Amend § 251.3: 

■ a. In paragraphs (c) and (d)(5), by 

removing the term ‘‘commodities’’ and 

adding in its place the term ‘‘USDA 

Foods’’; 

■ b. In paragraph (e) by removing the 

term ‘‘TEFAP commodities’’ and adding 

in its place the term ‘‘USDA Foods’’; 

■ c. By revising paragraph (f); and 

■ d. In paragraphs (h) and (k) by 

removing the term ‘‘commodities’’ 

wherever it appears and adding in its 

place the term ‘‘USDA Foods’’. 

The revision reads as follows: 

§ 251.3 Definitions. 

* * * * * 

(f) Food bank means a public or 

charitable institution that maintains an 

established operation involving the 

provision of food to food pantries, soup 

kitchens, hunger relief centers, or other 

food or feeding centers that, as an 

integral part of their normal activities, 

provide meals or food to feed needy 

persons on a regular basis. 

* * * * * 

■ 26. Amend § 251.4 by: 

■ a. Revising the section heading; 

■ b. Removing the term ‘‘donated 

commodity’’ in paragraph (c)(4) and 

adding in its place the term ‘‘USDA 

Foods’’; 

■ c. Removing the term ‘‘donated food’’ 

in paragraphs (c)(4) and (5) and adding 

in its place the term ‘‘USDA Foods’’; 

■ d. Removing the term ‘‘Commodities’’ 

in paragraph (f) introductory text and 

adding in its place the term ‘‘USDA 

Foods’’; 

■ e. Revising paragraph (f)(3); 

■ f. Removing the term ‘‘donated 

commodities’’ wherever it appears in 

paragraph (g) and in paragraph (i) and 

adding in its place the term ‘‘USDA 

Foods’’; 

■ g. Removing the term ‘‘TEFAP 

commodities’’ wherever it appears in 

paragraphs (h)(1)(i) and (ii) and (h)(2) 

through (4) and adding in its place the 

term ‘‘USDA Foods’’; 

■ h. Removing the term ‘‘commodity’’ in 

paragraphs h(1)(i) and (ii) and adding in 

its place the term ‘‘USDA Foods’’; 

■ i. Removing the term ‘‘USDA donated 

commodities’’ in paragraph (i) and 

adding in its place the term ‘‘USDA 

Foods’’; 

■ j. Revising paragraph (k); 

■ k. Removing the term ‘‘commodities’’ 

wherever it appears and adding in its 

place the term ‘‘USDA Foods’’; and 

■ k. Adding paragraph (l). 

The revisions and addition read as 

follows: 

§ 251.4 Availability of USDA Foods. 

* * * * * 

(f) * * * 

(3) The State shall require the 

processor to meet Federal, State, and 

local health standards. 

* * * * * 

(k) Distribution in rural and Tribal 

areas. FNS encourages State agencies 

and eligible recipient agencies to 

implement or expand USDA Foods 

distributions in rural, remote, and Tribal 

areas of the State wherever possible. 

(l) Public posting of availability of 

USDA Foods. State agencies must make 

publicly available the list of eligible 

recipient agencies that have an 

agreement with the State agency and the 

State’s uniform Statewide eligibility 

criteria to receive USDA Foods for 

household consumption as per 

§ 251.5(b), to ensure that eligible 

populations understand eligibility 

criteria and are able to identify where 

they may access USDA Foods. At 

minimum, State agencies must publicly 

post the names, addresses, and contact 

telephone numbers for all eligible 

recipient agencies that have an 

agreement with the State agency. The 

information must be posted on a 

publicly available internet web page and 

be updated on an annual basis or 

whenever changes to eligibility criteria 

are made. 

■ 27. Amend § 251.5 by revising 

paragraphs (a) introductory text, (a)(1) 

and (2), (b), and (c) to read as follows: 

§ 251.5 Eligibility determinations. 

(a) Criteria for determining eligibility 

of organizations. Prior to making USDA 

Foods or administrative funds available, 

State agencies, or eligible recipient 

agencies to which the State agency has 

delegated responsibility for the 

distribution of USDA Foods or 

administrative funds, must ensure that 

an organization applying for 

participation in the program meets the 

definition of an ‘‘eligible recipient 

agency’’ under § 251.3(d). In addition, 

applicant organizations must meet the 

following criteria: 

(1) Agencies distributing USDA Foods 

to households for home consumption. 

Organizations distributing USDA Foods 

to households for home consumption 

must limit the distribution of USDA 

Foods provided under this part to those 

households which meet the eligibility 

criteria established by the State agency 

in accordance with paragraph (b) of this 

section. 

(2) Agencies providing prepared 

meals. Organizations providing 

prepared meals must demonstrate, to 

the satisfaction of the State agency, or 

eligible recipient agency to which they 

have applied for the receipt of USDA 

Foods or administrative funds, that they 

serve predominantly needy persons. 

State agencies may establish a higher 

standard than ‘‘predominantly’’ and 

may determine whether organizations 

meet the applicable standard by 

considering socioeconomic data of the 

area in which the organization is 

located, or from which it draws its 

clientele. State agencies may not, 

however, require organizations to 

employ a means test to determine that 

recipients are needy, or to keep records 

solely for the purpose of demonstrating 

that its recipients are needy. 

* * * * * 

(b) Criteria for determining recipient 

eligibility. Each State agency must 

establish uniform Statewide criteria for 

determining the eligibility of 

households to receive USDA Foods 

provided under this part for home 

consumption and must make these 

criteria publicly available as per 

§ 251.4(l). The criteria must: 

(1) Enable the State agency to ensure 

only households that need food 

assistance because of inadequate 

household income receive USDA Foods; 

(2) Include income-based standards 

and the methods by which households 

may demonstrate eligibility under such 

standards. Income-based standards must 

include a maximum income eligibility 

threshold at or between 185 percent to 

300 percent of the U.S. Federal Poverty 

Guidelines published annually by the 

U.S. Department of Health and Human 

Services (HHS). States may propose 

alternative income-based eligibility 

standards above this threshold with 

supporting rationale, subject to approval 

by FNS; and 

(3) Include a requirement that the 

household reside in the geographic 

location served by the State agency at 

the time of applying for assistance, and 

the method for how residency will be 

determined. Length of residency, 

address, or identification documents 

shall not be used as an eligibility 

criterion. 

(c) Delegation of authority. A State 

agency may delegate to one or more 

eligible recipient agencies with which 

the State agency enters into an 

agreement the responsibility for the 

distribution of USDA Foods and 

administrative funds made available 

under this part. State agencies may also 

delegate the authority for selecting 

eligible recipient agencies and for 


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determining the eligibility of such 

organizations to receive USDA Foods 

and administrative funds. However, 

responsibility for establishing eligibility 

criteria for organizations in accordance 

with paragraph (a) of this section, and 

for establishing recipient eligibility 

criteria in accordance with paragraph 

(b) of this section, may not be delegated. 

In instances in which State agencies 

delegate authority to eligible recipient 

agencies to determine the eligibility of 

organizations to receive USDA Foods 

and administrative funds, eligibility 

must be determined in accordance with 

the provisions contained in this part 

and the State plan. State agencies will 

remain responsible for ensuring that 

USDA Foods and administrative funds 

are distributed in accordance with the 

provisions contained in this part. 

■ 28. Amend § 251.6 by revising 

paragraphs (a)(1), (2), (4), (5), and (6) to 

read as follows: 

§ 251.6 Distribution plan. 

(a) * * * 

(1) A designation of the State agency 

responsible for distributing USDA 

Foods and administrative funds 

provided under this part, and the 

address of such agency; 

(2) A plan of operation and 

administration to expeditiously 

distribute USDA Foods received under 

this part; 

* * * * * 

(4) A description of the criteria 

established in accordance with 

§ 251.5(b) which must be used by 

eligible recipient agencies in 

determining the eligibility of 

households to receive USDA Foods for 

home consumption; 

(5) At the option of the State agency, 

a plan of operation for one or more Farm 

to Food Bank Projects in partnership 

with one or more emergency feeding 

organizations located in the State, as 

described in § 251.13. The plan must 

include all items listed at § 251.13(e); 

and 

(6) A plan, which may include the use 

of a State advisory board established 

under § 251.4(h)(4), that provides 

emergency feeding organizations or 

eligible recipient agencies within the 

State an opportunity to provide input on 

the USDA Foods preferences and needs 

of the emergency feeding organization 

or eligible recipient agency. 

* * * * * 

§ 251.7 [Amended] 

■ 29. Amend § 251.7 in paragraph (a) by 

removing the word ‘‘commodity’’ and 

adding in its place the term ‘‘USDA 

Foods’’. 

■ 30. Amend § 251.8 by revising 

paragraphs (a), (d), (e)(1) introductory 

text, (e)(1)(i) and (iii), and (e)(4)(iii) to 

read as follows: 

§ 251.8 Payment of funds for 

administrative costs. 

(a) Availability and allocation of 

funds. Funds made available to the 

Department for State and local costs 

associated with the distribution of 

USDA Foods under this part shall, in 

any fiscal year, be distributed to each 

State agency on the basis of the funding 

formula defined in § 251.3(h). 

* * * * * 

(d) Priority for eligible recipient 

agencies distributing USDA Foods. State 

agencies and eligible recipient agencies 

distributing administrative funds must 

ensure that the administrative funding 

needs of eligible recipient agencies 

which receive USDA Foods are met, 

relative to both USDA Foods and any 

non-USDA foods they may receive 

before such funding is made available to 

eligible recipient agencies which 

distribute only non-USDA foods. 

(e) * * * 

(1) Allowable administrative costs. 

State agencies and eligible recipient 

agencies may use funds made available 

under this part to pay the direct 

expenses associated with the 

distribution of USDA Foods and foods 

secured from other sources to the extent 

that the foods are ultimately distributed 

by eligible recipient agencies which 

have entered into agreements in 

accordance with § 251.2. Direct 

expenses include the following, 

regardless of whether they are charged 

to TEFAP as direct or indirect costs: 

(i) The intrastate and interstate 

transport, storing, handling, 

repackaging, processing, and 

distribution of foods (including donated 

wild game); except that for interstate 

expenditures to be allowable, the foods 

must have been specifically earmarked 

for the particular State or eligible 

recipient agency which incurs the cost; 

* * * * * 

(iii) Costs of providing information to 

persons receiving USDA Foods 

concerning the appropriate storage and 

preparation of such foods; 

* * * * * 

(4) * * * 

(iii) State agencies must not charge for 

USDA Foods made available under this 

part to eligible recipient agencies. 

* * * * * 

■ 31. Amend § 251.9: 

■ a. In paragraph (c)(2)(i) by removing 

the word ‘‘commodities’’ and adding in 

its place the term ‘‘USDA Foods’’; 

■ b. In paragraph (d) by removing the 

term ‘‘donated foods’’ and adding in its 

place ‘‘USDA Foods’’; and 

■ c. Revising paragraph (e). 

The revision reads as follows: 

§ 251.9 Matching of funds. 

* * * * * 

(e) Reporting requirements. State 

agencies must identify their matching 

contribution on the FNS–667, Report of 

TEFAP Administrative Costs, in 

accordance with § 251.10(b)(1). 

* * * * * 

■ 32. Revise § 251.10 to read as follows: 

§ 251.10 Reports and recordkeeping. 

(a) Records—(1) USDA Foods. State 

agencies, subdistributing agencies (as 

defined in § 250.3 of this chapter), and 

eligible recipient agencies must 

maintain records to document the 

receipt, disposal, and inventory of 

USDA Foods received under this part 

that they, in turn, distribute to eligible 

recipient agencies. Such records must 

be maintained in accordance with the 

requirements set forth in § 250.16 of this 

chapter. Eligible recipient agencies must 

sign a receipt for USDA Foods which 

they receive under this part for 

distribution to households or for use in 

preparing meals, and records of all such 

receipts must be maintained. 

(2) Administrative funds. In addition 

to maintaining financial records in 

accordance with 2 CFR part 200, subpart 

D, and USDA implementing regulations 

at 2 CFR part 400, State agencies must 

maintain records to document the 

amount of funds received under this 

part and paid to eligible recipient 

agencies for allowable administrative 

costs incurred by such eligible recipient 

agencies. State agencies must also 

ensure that eligible recipient agencies 

maintain such records. 

(3) Eligible recipient agency list. State 

agencies must maintain a list of eligible 

recipient agencies, including eligible 

recipient agencies that have agreements 

with the State agency and eligible 

recipient agencies that have agreements 

with another eligible recipient agency. 

The list must include eligible recipient 

agencies that distribute USDA Foods for 

home consumption and those that 

distribute USDA Foods in the form of 

prepared meals. 

(4) Information about households 

receiving USDA Foods for home 

consumption. Each distribution site 

must collect and maintain on record for 

each household receiving USDA Foods 

for home consumption, the name of the 

household member receiving USDA 

Foods, the number of persons in the 

household, and the basis for 

determining that the household is 


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eligible to receive USDA Foods for 

home consumption. 

(5) Record retention. All records 

required by this section must be 

retained for a period of 3 years from the 

close of the Federal Fiscal Year to which 

they pertain, or longer if related to an 

audit or investigation in progress. State 

agencies may take physical possession 

of such records on behalf of their 

eligible recipient agencies. However, 

such records must be reasonably 

accessible at all times for use during 

management evaluation reviews, audits 

or investigations. 

(b) Reports—(1) Submission of Form 

FNS–667. Designated State agencies 

must identify funds obligated and 

disbursed to cover the costs associated 

with the program at the State and local 

level. State and local costs must be 

identified separately. The data must be 

identified on Form FNS–667, Report of 

Administrative Costs (TEFAP) and 

submitted to the appropriate FNS 

Regional Office on a quarterly basis. The 

quarterly report must be submitted no 

later than 30 calendar days after the end 

of the quarter to which it pertains. The 

final report must be submitted no later 

than 90 calendar days after the end of 

the fiscal year to which it pertains. 

(2) Reports of excessive inventory. 

Each State agency must complete and 

submit to the FNS Regional Office 

reports to ensure that excessive 

inventories of USDA Foods are not 

maintained, in accordance with the 

requirements of § 250.18(a) of this 

chapter. 

(3) Report of eligible recipient agency 

list. On an annual basis, each State 

agency must provide the list of eligible 

recipient agencies and statewide 

eligibility criteria, as described in 

paragraph (a)(3) of this section, to FNS. 

The report should specify whether each 

eligible recipient agency has an 

agreement with the State agency or with 

another eligible recipient agency. 

(4) Recipients of USDA Foods for 

home consumption. State agencies must 

report the total number of persons 

served by each distribution site for 

home consumption as collected in 

paragraph (a)(4) of this section to FNS 

on a quarterly basis. This report must 

capture the total number of persons in 

all households which participated in 

each calendar month within the quarter. 

(c) Confidentiality of applicants and 

participants—(1) Confidential applicant 

and participant information. 

Confidential applicant and participant 

information is any information about an 

applicant or participant, whether it is 

obtained from the applicant or 

participant, another source, or generated 

as a result of TEFAP application, 

certification, or participation, that 

individually identifies an applicant or 

participant and/or family member(s). 

Applicant or participant information is 

confidential, regardless of the original 

source and exclusive of previously 

applicable confidentiality provided in 

accordance with other Federal, State, or 

local law. 

(2) Limits on disclosure of information 

obtained from applicants or 

participants. State and local agencies 

must restrict the use or disclosure of 

information obtained from TEFAP 

applicants or participants to persons 

directly connected with the 

administration or enforcement of the 

program. With the consent of the 

participant, the State or local agency 

may share information obtained with 

other health or welfare programs for use 

in determining eligibility for those 

programs, or for program outreach. 

However, the State agency must sign an 

agreement with the administering 

agencies for these programs to ensure 

that the information will be used only 

for the specified purposes, and that 

agencies receiving such information will 

not further share it. 

(3) Limits on disclosing the identity of 

persons making a complaint or 

allegation against an individual 

participating in or administering the 

program. The State and local agency 

must protect the confidentiality, and 

other rights, of any person making 

allegations or complaints against 

another individual participating in, or 

administering TEFAP, except as 

necessary to conduct an investigation, 

hearing, or judicial proceeding, as 

applicable. 

■ 33. Add §§ 251.11 through 251.14 to 

read as follows: 

Sec. 

* * * * * 

251.11 State monitoring system. 

251.12 Limitation on unrelated activities. 

251.13 Farm to Food Bank Projects. 

251.14 Miscellaneous. 

§ 251.11 State monitoring system. 

(a) Each State agency must monitor 

the operation of the program to ensure 

that it is being administered in 

accordance with Federal and State 

requirements. State agencies may not 

delegate this responsibility. 

(b) Unless specific exceptions are 

approved in writing by FNS, the State 

agency monitoring system must include: 

(1) An annual review of at least 25 

percent of all eligible recipient agencies 

which have signed an agreement with 

the State agency pursuant to § 251.2(c), 

provided each such agency must be 

reviewed no less frequently than once 

every four years; and 

(2) An annual review of one-tenth or 

20, whichever is fewer, of all eligible 

recipient agencies which receive USDA 

Foods and/or administrative funds 

pursuant to an agreement with another 

eligible recipient agency. Reviews must 

be conducted, to the maximum extent 

feasible, simultaneously with actual 

distribution of USDA Foods and/or meal 

service, and eligibility determinations, if 

applicable. State agencies must develop 

a system for selecting eligible recipient 

agencies for review that ensures 

deficiencies in program administration 

are detected and resolved in an effective 

and efficient manner. 

(c) Each review must encompass, as 

applicable, eligibility determinations, 

food ordering procedures, storage and 

warehousing practices, inventory 

controls, approval of distribution sites, 

reporting and recordkeeping 

requirements, and civil rights. 

(d) Upon concurrence by FNS, 

reviews of eligible recipient agencies 

which have been conducted by FNS 

Regional Office personnel may be 

incorporated into the minimum 

coverage required by paragraph (b) of 

this section. 

(e) If deficiencies are disclosed 

through the review of an eligible 

recipient agency, the State agency must 

submit a report of the review findings to 

the eligible recipient agency and ensure 

that corrective action is taken to 

eliminate the deficiencies identified. 

§ 251.12 Limitation on unrelated activities. 

(a) Activities unrelated to the 

distribution of USDA Foods or meal 

service may be conducted at 

distribution sites as long as: 

(1) The person(s) conducting the 

activity makes clear that the activity is 

not part of TEFAP and is not endorsed 

by the Department. Nutrition education 

materials, such as recipes or other 

information about USDA Foods, dates of 

future distributions, hours of operations, 

or information about other Federal, 

State, or local government programs or 

services for the needy may be 

distributed without a clarification that 

the information is not endorsed by the 

Department; 

(2) The person(s) conducting the 

activity makes clear that cooperation is 

not a condition of the receipt of USDA 

Foods for home consumption or 

prepared meals containing USDA Foods 

(cooperation includes contributing 

money, signing petitions, or conversing 

with the person(s)); 

(3) The activity is not conducted in a 

manner that disrupts the distribution of 

USDA Foods or meal service, and; 

(4) The activity does not involve 

information unrelated to TEFAP being 


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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 87253 

placed in or printed on bags, boxes, or 

other containers in which USDA Foods 

are distributed. 

(b) Eligible recipient agencies and 

distribution sites shall ensure that 

activities unrelated to the distribution of 

USDA Foods or meal service are 

conducted in a manner consistent with 

paragraph (a) of this section. 

(c) Except as provided in paragraph 

(d) of this section, State agencies shall 

immediately terminate from further 

participation in TEFAP operations any 

eligible recipient agency that distributes 

or permits distribution of materials in a 

manner inconsistent with the provisions 

of paragraph (a) of this section. 

(d) The State agency may withhold 

termination of an eligible recipient 

agency’s or distribution site’s TEFAP 

participation if the State agency cannot 

find another eligible recipient agency to 

operate the distribution in the area 

served by the violating organization. In 

such circumstances, the State agency 

shall monitor the violating organization 

to ensure that no further violations 

occur. 

§ 251.13 Farm to Food Bank Projects. 

(a) Definition of project. Farm to Food 

Bank Projects are the harvesting, 

processing, packaging, or transportation 

of unharvested, unprocessed, or 

unpackaged foods donated by 

agricultural producers, processors, or 

distributors for use by emergency 

feeding organizations under section 

203D of the Emergency Food Assistance 

Act of 1983. 

(b) Availability and allocation of 

funds. Funds for the costs of carrying 

out a Farm to Food Bank Project will be 

allocated to State agencies as follows: 

(1) Funds made available to the 

Department for Farm to Food Bank 

Projects will be distributed to State 

agencies that have submitted an 

approved amendment to their State 

plan. The amendment must describe a 

plan of operation for a Farm to Food 

Bank Project and include all elements 

listed in paragraph (e) of this section. 

The plan of operation must be updated 

and resubmitted on an annual basis by 

the dates requested by FNS. 

(2) Funds for Farm to Food Bank 

Projects will be distributed each fiscal 

year to State agencies using the funding 

formula defined in § 251.3(h). 

(3) Funds will be available to State 

agencies for one year from the date of 

allocation. 

(c) Purpose and use of funds. State 

agencies may only use funds made 

available under this section for the costs 

of carrying out a Farm to Food Bank 

Project. 

(1) Farm to Food Bank Projects must 

have a purpose of: 

(i) Reducing food waste at the 

agricultural production, processing, or 

distribution level through the donation 

of food; 

(ii) Providing food to individuals in 

need; and 

(iii) Building relationships between 

agricultural producers, processors, and 

distributors and emergency feeding 

organizations through the donation of 

food. 

(2) Project funds may only be used for 

costs associated with harvesting, 

processing, packaging, or transportation 

of unharvested, unprocessed, or 

unpackaged foods donated by 

agricultural producers, processors, or 

distributors for use by emergency 

feeding organizations. 

(3) Project funds cannot be used to 

purchase foods or for agricultural 

production activities such as purchasing 

seeds or planting crops. 

(d) Matching of funds—(1) State 

matching requirement. The State agency 

must provide a cash or in-kind 

contribution at least equal to the amount 

of funding received under this section 

for a Farm to Food Bank Project. 

(2) Allowable contributions. State 

agencies shall meet the match 

requirement in paragraph (d) of this 

section by providing allowable 

contributions as described at § 251.9(c); 

contributions must only be for costs 

which would otherwise be allowable as 

a Farm to Food Bank Project cost. 

(3) Emergency feeding organization 

contributions. Cash or in-kind 

contributions from emergency feeding 

organizations that partner with the State 

agency to administer the Farm to Food 

Bank Project are allowable. 

(4) Food donations. Donations of 

foods, including the value of foods 

donated as a part of a Farm to Food 

Bank Project, cannot count toward the 

match requirement in paragraph (d) of 

this section. 

(e) Plans of Operation for Farm to 

Food Bank Projects. A plan of operation 

for a Farm to Food Bank Project must 

include: 

(1) A high-level summary of the Farm 

to Food Bank Project. 

(2) A description of the types of foods 

expected to be donated through the 

Project. 

(3) A list of emergency feeding 

organizations within the State that will 

operate the Project in partnership with 

the State agency. 

(4) A list of any State agencies that 

will operate the Project as a part of a 

cooperative agreement. 

(5) A description of the Project that 

includes how the Project will: 

(i) Reduce food waste at the 

agricultural production, processing, or 

distribution level through the donation 

of food; 

(ii) Provide food to individuals in 

need; and 

(iii) Build relationships between 

agricultural producers, processors, and 

distributors and emergency feeding 

organizations through the donation of 

food. 

(6) The fiscal year in which the 

Project will begin operating; and 

(7) A description of how the match 

requirement will be met. 

(f) Reallocation of funds. If, during the 

course of the fiscal year, the Department 

determines that a State agency will not 

expend all of the funds allocated to the 

State agency for a fiscal year under this 

section, the Department shall reallocate 

the unexpended funds to other State 

agencies that have an approved State 

Plan describing a plan of operation for 

a Farm to Food Bank Project during that 

fiscal year or the subsequent fiscal year. 

(g) Reporting requirements. Each State 

agency to which Farm to Food Bank 

Project funds are allocated for a fiscal 

year must submit a report describing use 

of the funds. The data must be 

identified on Form SF–425, Federal 

Financial Report, and submitted to the 

appropriate FNS Regional Office on a 

semiannual basis. The reports, 

including a final report, must be 

submitted by the dates requested by 

FNS. 

(h) Cooperative agreements. State 

agencies that carry out a Farm to Food 

Bank Project may enter into cooperative 

agreements with State agencies of other 

States to maximize the use of foods 

donated under the project. 

§ 251.14 Miscellaneous. 

(a) USDA Foods not income. In 

accordance with section 206 of Public 

Law 98–8, as amended, and 

notwithstanding any other provision of 

law, USDA Foods distributed for home 

consumption and meals prepared from 

USDA Foods distributed under this part 

shall not be considered income or 

resources for any purposes under any 

Federal, State, or local law. 

(b) Nondiscrimination. There shall be 

no discrimination in the distribution of 

USDA Foods for home consumption or 

availability of meals prepared from 

USDA Foods donated under this part 

because of race, color, national origin, 

sex, age, or handicap. 

(c) Use of volunteer workers and nonUSDA foods. In the operation of The 

Emergency Food Assistance Program, 

State agencies and eligible recipient 

agencies shall, to the maximum extent 

practicable, use volunteer workers and 


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foods which have been donated by 

charitable and other types of 

organizations. 

(d) Maintenance of effort. The State 

may not reduce the expenditure of its 

own funds to provide USDA Foods or 

services to organizations receiving funds 

or services under the Emergency Food 

Assistance Act of 1983 below the level 

of such expenditure existing in the 

fiscal year when the State first began 

administering TEFAP, or Fiscal Year 

1988, which is the fiscal year in which 

the maintenance-of-effort requirement 

became effective, whichever is later. 

(e) Recruitment activities related to 

the Supplemental Nutrition Assistance 

Program (SNAP). Any entity that 

receives USDA Foods identified in this 

section must adhere to regulations set 

forth under § 277.4(b)(6) of this chapter. 

PART 253—ADMINISTRATION OF THE 

FOOD DISTRIBUTION PROGRAM FOR 

HOUSEHOLDS ON INDIAN 

RESERVATIONS 

■ 34. The authority citation for part 253 

continues to read as follows: 

Authority: 91 Stat. 958 (7 U.S.C. 2011– 

2036). 

■ 35. Revise § 253.1 to read as follows: 

§ 253.1 General purpose and scope. 

This part describes the terms and 

conditions under which: USDA Foods 

(available under part 250 of this 

chapter) may be distributed to 

households on or near all or any part of 

any Indian reservation, the program may 

be administered by capable Indian tribal 

organizations (ITOs) and funds may be 

obtained from the Department for the 

costs incurred in administering the 

program. This part also provides for the 

concurrent operation of the Food 

Distribution Program and the 

Supplemental Nutrition Assistance 

Program (SNAP) on Indian reservations 

when such concurrent operation is 

requested by an ITO. 

■ 36. Amend § 253.2 by revising the 

definitions of ‘‘Indian tribal 

organization (ITO)’’, ‘‘Overissuance’’, 

and ‘‘State agency’’ and removing the 

definition of ‘‘Urban place’’. 

The revisions read as follows: 

§ 253.2 Definitions. 

* * * * * 

Indian Tribal Organization (ITO) 

means: 

(1) The recognized governing body of 

any Indian tribe on a reservation; or 

(2) The tribally recognized intertribal 

organization which the recognized 

governing bodies of two or more Indian 

tribes on a reservation authorize to 

operate SNAP or a Food Distribution 

Program on their behalf. 

(3) State agencies are also referred to 

as FDPIR administering agencies. 

* * * * * 

Overissuance means the dollar value 

of USDA Foods issued to a household 

that exceeds the dollar value of USDA 

Foods it was eligible to receive. 

* * * * * 

State agency means: 

(1) The agency of State government, 

including the local offices thereof, 

which enters into an agreement with 

FNS for the distribution of USDA Foods 

on all or part of an Indian reservation, 

and 

(2) The ITO of any Indian tribe, 

determined by the Department to be 

capable of effectively administering a 

Food Distribution Program, which 

enters into an agreement with FNS for 

the distribution of USDA Foods on all 

or part of an Indian reservation. 

■ 37. Revise § 253.3 to read as follows: 

§ 253.3 Availability of USDA Foods. 

(a) Conditions for distribution. In 

jurisdictions where SNAP is in 

operation, there shall be no distribution 

of USDA Foods to households under the 

authority of any law, except that 

distribution may be made: 

(1) On a temporary basis under 

programs authorized by law to meet 

disaster relief needs; 

(2) For the purpose of the USDA 

Foods programs in accordance with the 

requirements of part 250 of this chapter 

and with other Federal regulations 

applicable to specific food assistance 

programs; and 

(3) Whenever a request for concurrent 

or separate Food Distribution Program 

on a reservation is made by an ITO. 

(b) Concurrent or separate food 

program operation. Distribution of 

USDA Foods under the Food 

Distribution Program, with or without 

SNAP, shall be made whenever an ITO 

submits to FNS a completed application 

for the Food Distribution Program on all 

or part of a reservation and the 

application is approved by FNS. 

(1) Except as provided in paragraph 

(b)(2) of this section, when the Food 

Distribution Program is operating on all 

or part of a reservation, all eligible 

households within those boundaries 

may participate in the Food Distribution 

Program, or, if the ITO has elected 

concurrent operation of SNAP, may 

elect to participate in either program, 

without regard to whether the 

household is an Indian tribal household. 

(2) FNS may determine, based on the 

number of non-Indian tribal households 

located on all or part of a reservation, 

that concurrent operation is necessary. 

When such a determination has been 

made all households residing in such 

areas may apply to participate in either 

SNAP or the Food Distribution Program. 

(c) Household distribution. USDA 

Foods acquired under section 416 of the 

Agricultural Act of 1949, as amended; 

section 32 of Public Law 320, 74th 

Congress, as amended; section 709 of 

the Food and Agricultural Act of 1963, 

as amended; and section 4(a) of the 

Agriculture and Consumer Protection 

Act of 1973, as amended, by section 

1304 of the Food and Agriculture Act of 

1977, may be made available under part 

250 of this chapter for distribution to 

households in accordance with the 

provisions of that part and the 

additional provisions and requirements 

of this part. 

(d) Food distribution program 

benefits. Households eligible under this 

part shall receive a monthly food 

package based on the number of 

household members. The food package 

offered to each household shall consist 

of a quantity and variety of USDA Foods 

made available by the Department to 

provide eligible households with an 

opportunity to obtain a more nutritious 

diet and shall represent an acceptable 

nutritional alternative to SNAP benefits. 

The food package offered to each 

household by the State agency shall 

contain a variety of foods from each of 

the food groups in the Food Distribution 

Program on Indian Reservations 

Monthly Distribution Guide Rates by 

Household Size. FNS shall periodically 

notify State agencies of the kinds of 

USDA Foods it proposes to make 

available based, insofar as practicable, 

on the preferences of eligible 

households as determined by the State 

agency. In the event one or more of the 

proposed USDA Foods cannot be 

delivered, the Department shall arrange 

for delivery of a similar USDA Foods 

within the same food group. FNS shall 

periodically assess how the USDA 

Foods provided in the Food Distribution 

Program compares to the Dietary 

Guidelines for Americans and the 

market baskets of the Thrifty Food Plan 

and, to the extent practicable, will 

adjust the food package as needed to 

ensure that the food package benefit is 

in alignment. The food package benefit 

will not decrease based on this 

adjustment. 

§ 253.4 [Amended] 

■ 38. Amend § 253.4: 

■ a. In paragraph (b)(3) by removing the 

term ‘‘contract’’ in the first and fourth 

sentences and adding in its place the 

term ‘‘delegate’’ and in the second 

sentence removing the terms 


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‘‘commodity’’ and ‘‘commodities’’ and 

adding in their place the term ‘‘USDA 

Foods’’; 

■ b. In paragraph (d) by removing the 

term ‘‘the Food Stamp Program’’ in the 

second sentence and adding in its place 

the term ‘‘SNAP’’ and by removing the 

fifth, sixth, and seventh sentences; and 

■ c. In paragraphs (e)(1)(i) and (iii) by 

removing the term ‘‘commodities’’ and 

adding in its place the term ‘‘USDA 

Foods’’. 

■ 39. Amend § 253.5: 

■ a. By removing the term 

‘‘commodities’’ wherever it appears and 

adding in its place the term ‘‘USDA 

Foods’’; 

■ b. In paragraph (a)(2)(i) by removing 

the term ‘‘the Food Stamp Program’’ and 

adding in its place the term ‘‘SNAP’’; 

■ c. By revising paragraph (e); and 

■ d. In paragraphs (f)(1) and (i)(2) by 

removing the term ‘‘commodity’’ and 

adding in its place the term ‘‘USDA 

Foods’’. 

§ 253.4 State agency requirements. 

* * * * * 

(e) Outreach and referral. The State 

agency shall inform potentially eligible 

households of the availability of the 

Food Distribution Program. The State 

agency shall develop and distribute 

printed information in the appropriate 

languages about the program and 

eligibility requirements. Outreach 

material shall contain information about 

a household’s right to file an application 

on the same date it contacts the 

certification office. The State agency 

shall be sufficiently familiar with 

general eligibility requirements for the 

Supplemental Food Program for 

Women, Infants and Children (WIC), the 

Commodity Supplemental Food 

Program (if available to reservation 

residents), the Supplemental Security 

Income Program (SSI), and appropriate 

public and general assistance programs, 

to identify those applicants whose 

households contain persons who may be 

eligible for these programs, to inform 

the applicants of their potential 

eligibility, and to provide the applicants 

with the addresses and telephone 

numbers for these programs. For 

example, the State agency should 

provide information on the WIC 

program to applicants whose 

households contain pregnant women, 

nursing or postpartum women, or 

children up to the fifth birthday. 

* * * * * 

■ 40. Amend § 253.6 by: 

■ a. Revising paragraph (a); 

■ b. Revising the second sentence in 

paragraph (b)(1) and removing the term 

‘‘the Food Stamp Program’’ in the 

seventh sentence; 

■ c. Revising paragraphs (c) heading, 

(c)(1), and (d)(1)(i); 

■ d. Removing the term ‘‘the Food 

Stamp Program’’ in paragraph (d)(1)(ii) 

and adding in its place the term 

‘‘SNAP’’; and 

■ e. Revising paragraph (d)(2)(ii)(D); 

■ f. Removing the term ‘‘the Food Stamp 

Program’’ in paragraph (d)(2)(ii)(G) and 

adding in its place the term ‘‘SNAP’’; 

■ g. Revising paragraphs (d)(3)(vii), 

(d)(3)(x)(C), and (e). 

The revisions and addition read as 

follows: 

§ 253.6 Eligibility of households. 

(a) Household concept. (1) The State 

agency shall determine eligibility for the 

Food Distribution Program on a 

household basis. Household means any 

of the following individuals or groups of 

individuals, provided that such 

individuals or groups are not boarders 

or residents of an institution. 

(i) An individual living alone. 

(ii) An individual living with others, 

but customarily purchasing food and 

preparing meals for home consumption 

separate and apart from the others. 

(iii) A group of individuals living 

together for whom food is customarily 

purchased in common and for whom 

meals are prepared together for home 

consumption. 

(iv) Spouses living separately. For 

purposes of this part, spouses living 

separately and apart are considered 

separate households. 

(2) Nonhousehold members. The 

following individuals residing with a 

household shall not be considered 

household members in determining the 

household’s eligibility. Nonhousehold 

members specified in paragraphs (a)(2) 

(i) and (v) who are otherwise eligible 

may participate in the Program as 

separate households. 

(i) Roomers. Individuals to whom a 

household furnishes lodging, but not 

meals, for compensation. 

(ii) Disqualified individuals. 

Individuals disqualified from the Food 

Distribution Program per 253.7(f)(1) and 

SNAP for fraud, as set forth in § 273.16. 

(iii) Illegal residents. Individuals who 

are not legal residents of the United 

States. While U.S. citizenship is not 

required for participation in the Food 

Distribution Program, persons receiving 

food distribution benefits must be 

lawfully living in the United States. 

(iv) Others. Other individuals who 

share living quarters with the household 

but who do not customarily purchase 

food and prepare meals with the 

household. For example, if the applicant 

household shares living quarters with 

another family to save on rent, but does 

not purchase and prepare food together 

with that family, the members of the 

other family are not members of the 

applicant household. 

(3) Authorized representatives. The 

head of the household, spouse, or any 

other responsible member of the 

household may designate an authorized 

representative to act on behalf of the 

household in making application for 

USDA Foods and/or obtaining USDA 

Foods as provided in § 253.7(a)(10)(i) 

and § 253.7(a)(10)(ii) respectively. 

(4) Children. A child (other than a 

foster child) under 18 years of age who 

lives with and is under the parental 

control of a household member must be 

considered a member of the household. 

A child must be considered under 

parental control for purposes of this 

provision if they are financially or 

otherwise dependent on a member of 

the household, unless State law defines 

such a person as an adult. 

(b) * * * 

(1) * * * All Indian tribal households 

as defined in § 253.2 of this part which 

reside in near areas established under 

§ 253.4(d) of this part shall be eligible to 

apply for program benefits. * * * 

* * * * * 

(c) Income eligibility standards of 

public assistance, supplemental security 

income (SSI), and certain general 

assistance households. (1) Households 

in which all members are included in a 

federally aided public assistance or SSI 

grant shall, if otherwise eligible under 

this part, be determined to be eligible to 

participate in the Food Distribution 

Program while receiving such grants 

without regard to the income of the 

household members. 

* * * * * 

(d) * * * 

(1) * * * 

(i) The State agency shall apply 

uniform national income eligibility 

standards for the Food Distribution 

Program except for households in which 

all members are recipients of public 

assistance, SSI, paragraph (c) of this 

section, or certain general assistance 

program payments as provided in 

§ 283.6(c). The income eligibility 

standards shall be the applicable SNAP 

net monthly income eligibility 

standards for the appropriate area, 

increased by the amount of the 

applicable SNAP standard deduction for 

that area. 

* * * * * 

(2) * * * 

(ii) * * * 

(D) Scholarships, education grants, 

fellowships, deferred payment loans for 

education, veteran’s education benefit 

and the like in excess of amounts 

excluded under paragraph (d)(3)(iii) of 

this section. 


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(3) * * * 

(vii) The earned income (as defined in 

paragraph (e)(2)(i) of this section) of 

children who are members of the 

household, who are students at least 

half time and who have not attained 

their eighteenth birthday. The exclusion 

shall continue to apply during 

temporary interruptions in school 

attendance due to semester or vacation 

breaks, provided the child’s enrollment 

will resume following the break. 

Individuals are considered children for 

purposes of this provision if they are 

under the parental control of another 

household member. 

* * * * * 

(x) * * * 

(C) Any payment to volunteers under 

Title II (RSVP, foster grandparents, and 

others) and title III (SCORE and ACE) of 

the Domestic Volunteer Services Act of 

1973 (Pub. L. 93–113), as amended. 

Payments under title I (VISTA) to 

volunteers shall be excluded for those 

individuals receiving federally donated 

USDA Foods, SNAP, or public 

assistance at the time they joined the 

title I program, except that households 

which are receiving an income 

exclusion for a VISTA or other title I 

subsistence allowance at the time of 

implementation of these rules shall 

continue to receive an income exclusion 

for VISTA for the length of their 

volunteer contract in effect at the time 

of implementation of these rules. 

Temporary interruptions in food 

distribution shall not alter the exclusion 

once an initial determination has been 

made. New applicants who are not 

receiving federally donated USDA 

Foods, SNAP benefits or public 

assistance at the time they joined VISTA 

shall have these volunteer payments 

included as earned income. 

* * * * * 

(e) Income deductions—(1) Earned 

income deduction. Households with 

earned income, as defined in paragraph 

(d)(2)(i) of this section, shall be allowed 

a deduction of twenty percent of their 

gross earned income. Earned income 

excluded under paragraph (e)(3) of this 

section shall not be considered earned 

income for the purpose of computing 

this deduction. 

(2) Dependent care deduction. 

Households shall also receive a 

deduction for the actual costs for the 

care of a child or other dependent when 

necessary for a household member to 

accept or continue employment or 

attend training or pursue education 

which is preparatory to employment. 

(3) Child support deduction. 

Households will receive a deduction for 

legally required child support payments 

paid by a household member to or for 

a nonhousehold member, including 

payments made to a third party on 

behalf of the nonhousehold member 

(vendor payments). The State agency 

must allow a deduction for amounts 

paid towards overdue child support 

(arrearages). Alimony payments made to 

or for a nonhousehold member cannot 

be included in the child support 

deduction. 

(4) Excess medical deduction. 

Households must receive a medical 

deduction for that portion of medical 

expenses in excess of $35 per month, 

excluding special diets, incurred by any 

household member who is elderly or 

disabled as defined in § 253.2. Spouses 

or other persons receiving benefits as a 

dependent of a Supplemental Security 

Income (SSI), or disability and 

blindness recipient are not eligible to 

receive this deduction; however, 

persons receiving emergency SSI 

benefits based on presumptive 

eligibility are eligible for this deduction. 

The allowable medical costs are those 

permitted at § 273.9(d)(3) of this chapter 

for the Supplemental Nutrition 

Assistance Program (SNAP). 

(5) Shelter/utility deduction. 

Households that incur monthly shelter 

and utility expenses will receive a 

shelter/utility deduction. The 

household may choose to receive a 

standard deduction or to provide actual 

expenses, subject to the provisions 

below. 

(i) The household must incur, on a 

monthly basis, at least one allowable 

shelter/utility expense. The allowable 

shelter/utility expenses are those 

permitted at § 273.9(d)(6)(ii) of this 

chapter for SNAP. 

(ii) The shelter/utility standard 

deduction amounts are set by FNS. The 

standard deductions are adjusted 

annually to reflect changes to SNAP 

maximum monthly excess shelter 

expense limits per § 273.9(d)(6)(ii) of 

this chapter. FNS will advise the State 

agencies of the updates prior to October 

1 of each year. 

(iii) Households that select actual 

expenses, may claim expenses up to the 

amount that does not exceed 50 percent 

of their net monthly income. 

■ 41. Amend § 253.7 by: 

■ a. Revising the paragraph (a)(6)(i)(C) 

heading and paragraphs (a)(6)(i)(D), 

(a)(6)(v), and (b)(3)(iii)(A); 

■ b. Removing the term ‘‘USDA 

commodities’’ in paragraph (b)(3)(iii)(E) 

and the term ‘‘commodity’’ in paragraph 

(d)(2) and adding in their place the term 

‘‘USDA Foods’’; 

■ c. Revising paragraphs (e) and 

(f)(1)(ii); 

■ d. Removing the term ‘‘food stamp’’ 

wherever it appears in paragraph (e)(1) 

and adding in its place the term 

‘‘SNAP’’; 

■ e. Removing the term ‘‘the Food 

Stamp Program’’ wherever it appears in 

paragraph (f)(1)(ii) and adding in its 

place the term ‘‘SNAP’’; and 

■ f. Removing the term ‘‘commodities’’ 

wherever it appears in the section and 

adding in its place the term ‘‘USDA 

Foods’’. 

The revisions read as follows: 

§ 253.7 Certification of households. 

(a) * * * 

(6) * * * 

(i) * * * 

(C) Medical expense deduction. * * * 

(D) Shelter/utility deduction. A 

household must incur, on a monthly 

basis, at least one allowable shelter/ 

utility expense in accordance with 

§ 253.6(e)(5)(i) of this chapter to qualify 

for the shelter/utility deduction. The 

State agency must verify that the 

household incurs the expense. If the 

household chooses to provide actual 

expenses, then the State agency must 

obtain verification for each shelter/ 

utility deduction that the household 

wishes to deduct. 

* * * * * 

(v) Verification for recertification. At 

recertification, the State agency shall 

verify a change in gross income if the 

source has changed or the amount has 

changed by more than $100 per month 

since the last time the gross income was 

verified. State agencies may verify 

income which is unchanged or has 

changed by $100 per month or less, 

provided verification is, at a minimum, 

required when information is 

questionable as defined in paragraph 

(a)(6)(ii) of this section. All other 

changes reported at the time of 

recertification shall be subject to the 

same verification procedures as apply at 

initial certification. Unchanged 

information, other than income, shall 

not be verified at recertification unless 

the information is questionable as 

defined in paragraph (a)(6)(ii) of this 

section. 

* * * * * 

(b) * * * 

(3) * * * 

(iii) * * * 

(A) Prior to any action to reduce or 

terminate a household’s benefits within 

the certification period, except for 

households voluntarily switching 

program participation from the Food 

Distribution Program to SNAP, State 

agencies shall provide the household 

timely and adequate advance notice 

before the adverse action is taken. The 


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notice must be issued within 10 days of 

determining that an adverse action is 

warranted. The adverse action must take 

effect with the next scheduled 

distribution of USDA Foods that follows 

the expiration of the advance notice 

period unless the household requests a 

fair hearing. 

* * * * * 

(e) Controls for dual participation— 

(1) Prohibition on dual participation. No 

household shall be allowed to 

participate simultaneously in SNAP and 

the Food Distribution Program. The 

State agency shall inform each applicant 

household of this prohibition and shall 

develop a method to detect dual 

participation. The method developed by 

the State agency shall, at a minimum, 

employ lists of currently certified 

households provided by and provided 

to the appropriate SNAP agency on a 

monthly basis. The State agency may 

also employ computer checks, address 

checks and telephone calls to prevent 

dual participation. The State agency 

shall coordinate with the appropriate 

SNAP agency or agencies in developing 

controls for dual participation. 

(2) Choice of programs. Households 

eligible for either SNAP or the Food 

Distribution Program on reservations on 

which both programs are available may 

elect to participate in either program. 

Such households may elect to 

participate in one program, and 

subsequently elect the other at the end 

of the certification period. Households 

may also elect to switch from one 

program to the other program within a 

certification period only by terminating 

their participation and notifying the 

State agency of their intention to switch 

programs. Households certified in either 

the Food Distribution Program or SNAP 

on the first day of the month can only 

receive benefits in the program for 

which they are currently certified 

during that month. At the point the 

household elects to change programs, 

the household should notify the State 

agency of its intent to switch programs 

and should file an application for the 

program in which it wishes to 

participate. Households voluntarily 

withdrawing from one program with the 

intent of switching to the other shall 

have their eligibility terminated for the 

program in which they are currently 

certified on the last day of the month in 

which the household notifies the State 

agency of its intent to change programs. 

Entitlement in the program for which a 

household is now filing an application, 

if all eligibility criteria are met, would 

begin in the month following the month 

of termination in the previous program. 

(f) * * * 

(1) * * * 

(ii) Household members disqualified 

from SNAP for an intentional program 

violation under § 273.16 of this chapter. 

These household members may 

participate, if otherwise eligible, in the 

Food Distribution Program once the 

period of disqualification under SNAP 

has ended. The State agency must, in 

cooperation with the appropriate SNAP 

agency, develop a procedure that 

ensures that these household members 

are identified. 

* * * * * 

§ 253.8 [Amended] 

■ 42. Amend § 253.8 by removing the 

term ‘‘commodities’’ wherever it 

appears and adding in its place the term 

‘‘USDA Foods’’. 

§ 253.9 [Amended] 

■ 43. Amend § 253.9 in paragraph (a)(1) 

by removing the term ‘‘commodities’’ 

and adding in its place the term ‘‘USDA 

Foods’’. 

■ 44. Revise § 253.10 to read as follows: 

§ 253.10 USDA Foods inventory 

management, storage, and distribution. 

(a) Control and accountability. The 

State agency shall be responsible for the 

issuance of USDA Foods to households 

and the control of and accountability for 

the USDA Foods upon its acceptance of 

the USDA Foods at time and place of 

delivery. 

(b) USDA Foods inventories. The State 

agency shall, in cooperation with the 

FNS Regional office, develop an 

appropriate procedure for determining 

and monitoring the level of USDA 

Foods inventories at storage facilities 

and at each local distribution point. The 

State agency shall maintain the 

inventories at proper levels taking into 

consideration, among other factors, 

household preferences and the 

historical and projected volume of 

distribution at each site. The procedures 

shall provide that USDA Foods 

inventories at each storage facility and 

each local distribution point are not in 

excess, but are adequate for, an 

uninterrupted distribution of USDA 

Foods. 

(c) Inventory management and 

control. The State agency shall as a 

minimum ensure that: all USDA Foods 

are stored and inventory is maintained 

per §§ 250.12 and 250.14 of this chapter. 

(d) Distribution. The State agency 

shall distribute USDA Foods only to 

households eligible to receive them 

under this part. If the State agency uses 

any other agency, administration, 

bureau, service, or similar organization 

to effect or assist in the certification of 

households or distribution of USDA 

Foods, the State agency shall impose 

upon such organization responsibility 

for determining that households to 

whom USDA Foods are distributed are 

eligible under this part. The State 

agency shall not delegate to any such 

organization its responsibilities to the 

Department for overall management and 

control of the Food Distribution 

Program. The State agency shall as a 

minimum ensure that: 

(1) Notification is provided to 

certified households of the location of 

distribution sites and days and hours of 

distribution. 

(2) An adequate supply of USDA 

Foods which are available from the 

Department is on hand at all 

distribution sites. 

(3) Sufficient distribution sites, either 

stationary or mobile, are geographically 

located or routed in relation to 

population density of eligible 

households. 

(4) Days and hours of distribution are 

sufficient for caseload size and 

convenience. 

(5) Households are advised they may 

refuse any USDA Foods not desired, 

even if the USDA Foods are 

prepackaged by household size. 

(6) Emergency issuance of USDA 

Foods will be made to households 

certified for expedited service in 

accordance with the provisions of 

§ 253.7(a)(9). 

(7) Eligible households or authorized 

representatives are identified prior to 

the issuance of USDA Foods. 

(8) Authorized signatures are obtained 

for USDA Foods issued and the issue 

date recorded. 

(9) Posters are conspicuously 

displayed advising program participants 

to accept only those USDA Foods, and 

in such quantities, as will be consumed 

by them. 

(10) Complete and current records are 

kept of all USDA Foods received, 

issued, transferred, and on hand and of 

any inventory overages, shortages, and 

losses. 

(11) A list of USDA Foods offered by 

the Department is displayed at 

distribution sites so that households 

may indicate preferences for future 

orders. 

(e) Improper distribution or loss of or 

damage of USDA Foods. State agencies 

shall take action to obtain restitution in 

connection with claims arising in their 

favor for improper distribution, use or 

loss, or damage of USDA Foods in 

accordance with §§ 250.16 and 250.17 of 

this chapter. 

(f) Damaged or out-of-condition 

USDA Foods. The State agency shall 

immediately notify the appropriate FNS 

Regional Office if any USDA Foods are 


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87258 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 

found to be damaged or out- ofcondition at the time of arrival, or at any 

subsequent time, whether due to latent 

defects or any other reason. The FNS 

Regional Office shall advise the State 

agency of the appropriate action to be 

taken with regard to such USDA Foods. 

If the USDA Foods are declared unfit for 

human consumption in accordance with 

§ 250.15 of this chapter, they shall be 

disposed of as provided for under that 

section. When out-of-condition USDA 

Foods do not create a hazard to other 

food at the same location, they shall not 

be disposed of until the FNS Regional 

Office or the responsible contractor 

approves. When circumstances require 

prior disposal of USDA Foods, the 

quantity and manner of disposition 

shall be reported to the appropriate FNS 

Regional Office. If any damaged or outof-condition USDA Foods are 

inadvertently issued to a household and 

are rejected or returned by the 

household because the USDA Foods 

were unsound at the time of issuance 

and not because the household failed to 

provide proper storage, care or 

handling, the State agency shall replace 

the damaged or out-of-condition USDA 

Foods with the same or similar kind of 

USDA Foods which are sound and in 

good condition. The State agency shall 

account for such replacements on its 

monthly inventory report. 

■ 45. Add § 253.12 to read as follows: 

§ 253.12 Administrative waivers. 

(a) The Administrator of the Food and 

Nutrition Service may waive or modify 

specific regulatory provisions contained 

in this part for one or more State 

agencies. Waivers may be issued only in 

the following situations: 

(1) The specific regulatory provision 

cannot be implemented due to 

extraordinary temporary situations; 

(2) FNS determines that the waiver 

would result in a more effective and 

efficient administration of the program; 

or 

(3) Unique geographic conditions 

within the geographic area served by the 

administering agency preclude effective 

implementation of the specific 

regulatory provision and require an 

alternate procedure. 

(b) FNS shall not approve waivers 

when: 

(1) The waiver would be inconsistent 

with the provisions of the Food and 

Nutrition Act of 2008; or 

(2) The waiver would result in 

material impairment of any statutory or 

regulatory rights of participants or 

potential participants. 

(c) FNS shall approve waivers for a 

period not to exceed one year unless the 

waiver is for an on-going situation. If the 

waiver is requested for longer than a 

year, appropriate justification shall be 

required and FNS will determine if a 

longer period is warranted and if so, the 

duration of the waiver. Extensions may 

be granted provided that State agencies 

submit appropriate justification to FNS. 

(d) When submitting requests for 

waivers, State agencies shall provide 

compelling justification for the waiver 

in terms of how the waiver will meet the 

conditions of paragraphs (a)(1), (2), and/ 

or (3) of this section. At a minimum, 

requests for waivers shall include but 

not necessarily be limited to: 

(1) Reasons why the waiver is needed; 

(2) Anticipated impact on service to 

participants or potential participants 

who would be affected; 

(3) Anticipated time period for which 

the waiver is needed; and 

(4) Thorough explanation of the 

proposed alternative provision to be 

used in lieu of the waived or modified 

regulatory provision. 

PART 254—ADMINISTRATION OF THE 

FOOD DISTRIBUTION PROGRAM FOR 

INDIAN HOUSEHOLDS IN OKLAHOMA 

■ 46. The authority citation for part 254 

continues to read as follows: 

Authority: Pub. L. 97–98, sec. 1338; Pub. 

L. 95–113. 

§ 254.1 [Amended] 

■ 47. Amend § 254.1 by removing the 

term ‘‘commodities’’ and adding in its 

place the term ‘‘USDA Foods’’. 

■ 48. Amend § 254.2 by revising 

paragraphs (b), (d), (f), and (g) and 

removing paragraph (h). 

The revisions read as follows: 

§ 254.2 Definitions. 

* * * * * 

(b) FNS service area means the areas 

over which FNS has approved the food 

distribution program in Oklahoma. 

* * * * * 

(d) Indian tribal household means a 

household in which at least one 

household member is recognized as a 

tribal member by any Indian tribe, as 

defined in § 253.2 of this chapter. 

* * * * * 

(f) Overissuance means the dollar 

value of USDA Foods issued to a 

household that exceeds the dollar value 

of USDA Foods it was eligible to 

receive. 

(g) State agency means the ITO of an 

Indian tribe, determined by the 

Department to be capable of effectively 

administering a Food Distribution 

Program, or an agency of State 

government, which enters into an 

agreement with FNS for the distribution 

of USDA Foods on an Indian 

reservation. 

§ 254.4 [Amended] 

■ 49. Amend § 254.4 in paragraphs 

(b)(1)(i) and (iii) by removing the term 

‘‘commodities’’ and adding in its place 

the term ‘‘USDA Foods’’. 

§ 254.5 [Amended] 

■ 50. Amend § 254.5 by removing 

paragraph (b) and redesignating 

paragraph (c) as paragraph (b). 

Tameka Owens, 

Acting Administrator and Assistant 

Administrator, Food and Nutrition Service. 

[FR Doc. 2024–24966 Filed 10–30–24; 8:45 am] 

BILLING CODE 3410–30–P 


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