[As Amended Through PL 116–94, Enacted Dec. 20, 2019]
To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes.
This memorandum provides information on current flexibilities in distribution procedures that are available for state agencies that administer TEFAP.
Through this rulemaking, the USDA Food and Nutrition Service is codifying new and revised statutory requirements included in the Agriculture Improvement Act of 2018 . First, the Department is revising the minimum Federal share of the Food Distribution Program on Indian Reservations (FDPIR) administrative costs and State agency/Indian Tribal Organization (ITO) mandatory administrative match requirement amounts. Second, the Department is revising its administrative match waiver requirements by allowing State agencies and ITOs to qualify for a waiver if the required match share would be a substantial burden. Third, the Department is limiting the reduction of any FDPIR benefits or services to State agencies and ITOs that are granted a full or partial administrative match waiver. Last, the Department is allowing for other Federal funds, if such use is otherwise consistent with both the purpose of the other Federal funds and with the purpose of FDPIR administrative funds, to be used to meet the State agency/ITO administrative match requirement.
This memorandum implements requirements under the Agriculture Improvement Act of 2018 and provides guidance to TEFAP state agencies on best practices to minimize food waste of privately donated foods provided to TEFAP state agencies and eligible recipient agencies.
Section 4104 of the Farm Bill directs 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 . This guidance only applies to privately donated foods provided to TEFAP state agencies and eligible recipient agencies and is not applicable to USDA Foods provided through TEFAP.
Agriculture Improvement Act of 2018 Two-Year Administrative Funding Provision—Information Memorandum
This memorandum provides information on the new provision in Section 4(b)(7) of the Food and Nutrition Act that requires FDPIR administrative funds to remain available for obligation at the Indian Tribal Organization and state agency level for a period of two federal fiscal years.
On Dec. 20, 2018, the Agriculture Improvement Act of 2018 was signed into law. Section 4102 of the Farm Bill changes CSFP certification requirements outlined in 7 CFR 247.16 effective immediately.