Allowability of Participant Payments and Contributions for Foods Donated by the USDA and/or Non-USDA Sources
This memorandum clarifies FNS regulations and policies regarding the allowability of requiring payment and soliciting contributions (i.e., "payments" or "pay") in exchange for foods from FNS program participants.
This memorandum updates and revises memoranda SP30-2008: Applying Geographic Preferences in Procurements for the Child Nutrition Programs, SP08-2009: Procurement Questions, and SP28-2009: Procurement Questions, regarding school food authorities’ and other institutions’ application of a geographic preference in procurements for the child nutrition programs.
Per CSFP regulations, participants are prohibited from receiving CSFP benefits and WIC benefits at the same time. However, there is no prohibition against simultaneous participation in CSFP and other FNS programs including but not limited to SNAP, TEFAP, and the SFMNP, provided the eligibility requirements for these programs are met.
The purpose of this policy memorandum is to clarify the responsibilities of the state administering agency and the state distributing agency with respect to ensuring compliance with requirements for donated foods in the National School Lunch Program, the Summer Food Service Program, and the Child and Adult Care Food Program.