Cherokee Nation
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- Website: Summer EBT Program
- Hotline: 539-234-3265 or 800-256-0671 ext. 5275
- Email: wicsebtc@cherokee.org
DATE: | June 18, 2019 | |
SUBJECT: | The Emergency Food Assistance Program (TEFAP) – Information on the Bill Emerson Good Samaritan Food Donation Act | |
TO: | Regional Directors Special Nutrition Programs MARO, MPRO, MWRO, NERO, SERO, SWRO and WRO | State Directors All TEFAP State Agencies |
On Dec. 20, 2018, the Agriculture Improvement Act of 2018 (Farm Bill) (PL 115-334) was signed into law. Section 4104 of the Farm Bill amends section 203D of the Emergency Food Assistance Act of 1983 (EFAA) and directs the U.S. Department of Agriculture (USDA) to issue guidance to promote awareness of donations of apparently wholesome food by qualified direct donors protected under section 22(c) of the Child Nutrition Act of 1966 (The Bill Emerson Good Samaritan Food Donation Act). This guidance only applies to privately donated foods provided to TEFAP state agencies and eligible recipient agencies (ERAs) and is not applicable to USDA Foods provided through TEFAP.
Pursuant to the Congressional Review Act (5 USC 801 et seq.), the Office of Information and Regulatory Affairs designated this rule as not major, as defined by 5 USC 804(2).
Section 203D(f) of the EFAA includes the following definitions as they relate to this memorandum:
Under the Bill Emerson Good Samaritan Food Donation Act, the following food donation standards apply:
Donations of apparently wholesome food by qualified direct donors must be made in compliance with applicable state and local health, food safety, and food handling laws (including regulations).
Please share this information with TEFAP ERAs. TEFAP state agencies and ERAs are also encouraged to share this guidance with qualified direct donors. TEFAP ERAs with questions should contact their TEFAP state agencies for more information about state and local requirements.
Laura Castro
Director
Food Distribution Division
The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.