FNS Documents & Resources

In order to update and streamline policy guidance for the Child and Adult Care Food Program (CACFP), the Commodity Supplemental Food Program (CSFP), the Food Distribution Program on Indian Reservations (FDPIR), the Nutrition Services Incentive Program (NSIP), the National School Lunch Program (NSLP), and The Emergency Food Assistance Program (TEFAP), the Food and Nutrition Service (FNS) is cancelling Policy Memoranda FD-010, FD-027, FD-028, FD-029, FD-032, FD-053, FD-055, FD-071, FD-073, FD-074, FD-083, FD-086, FD-087, FD-090, FD-105, and FD-115. The guidance provided by these memoranda are either outdated, obsolete, or otherwise captured in more current memoranda.

Under the statutory authority of the Commodity Credit Corporation (CCC), the U.S. Department of Agriculture (USDA) is administering a second year of the Trade
Mitigation Food Purchase and Distribution Program, now known as the Food Purchase Distribution Program (FPDP), to purchase up to $1.4 billion of FPDP foods. The bulk of this food is being distributed through The Emergency Food Assistance Program (TEFAP), which is USDA’s primary outlet for foods purchased through market support mechanisms. These foods are being provided to state agencies in addition to TEFAP entitlement and bonus foods. Due to the increase in the total amount of food expected to be delivered to TEFAP state agencies and their eligible recipient agencies (ERAs) in fiscal year (FY) 2020, the USDA is making CCC funds available to assist with the operational costs of the receipt, storage, and distribution of these foods. Approximately $60 million will be available nationally to support TEFAP eligible recipient agency (ERA) operational expenses associated with FPDP foods.

The purpose of this memo is to revise obligation and liquidation deadlines for the Fiscal Year 2019 Trade Mitigation Program ERA Operational Funds, which were provided for phases 2-4 of the FY 2019 Trade Mitigation Food Purchase and Distribution Program, now referred to as the Food Purchase Distribution Program (FPDP).

This memorandum provides information on current flexibilities in distribution procedures that are available for state agencies that administer TEFAP. 

This memorandum implements requirements under Section 4018 of 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.

On Dec. 20, 2018, the Agriculture Improvement Act of 2018 (Farm Bill) was signed into law. Section 4018 of the Farm Bill changes TEFAP State Plan requirements and the TEFAP food funding formula.

TEFAP funding memorandum to state and regional directors

Under the statutory authority of the Commodity Credit Corporation (CCC), the U.S. Department of Agriculture (USDA) is administering a Trade Mitigation Food Purchase and Distribution Program (Trade Mitigation Program) to purchase up to $1.2 billion in USDA Foods.  The bulk of this food is being distributed through The Emergency Food Assistance Program (TEFAP), which is USDA’s primary outlet for foods purchased through market support mechanisms.  These foods are being provided to state agencies in addition to TEFAP entitlement and bonus foods.  Additionally, USDA is making CCC funds available to assist with the operational costs of the receipt, storage, and distribution of these foods.  As described in the November 13, 2018 memorandum to TEFAP state agencies, Allocation of Funds to Support Costs Associated with the Storage and Distribution of Trade Mitigation Program Foods, up to $50 million will be available nationally to support TEFAP eligible recipient agency (ERA) operational expenses associated with Trade Mitigation Program foods.   
 

This memorandum is meant to provide clarification and guidance on policies and procedures for donated food storage and distribution as they relate to product dating.