In accordance with the provisions set forth in the Emergency Food Assistance Act of 1983 (EFAA), 7 USC 7501, et seq., and the Food and Nutrition Act of 2008, 7 USC 2036, the Department makes foods available to states for use in providing nutrition assistance to those in need through TEFAP. In accordance with section 214 of the EFAA, 7 USC 7515, funding for TEFAP foods is allocated among states according to a formula that accounts for poverty and unemployment levels within each state.
Section 214(a)(1) of the Act requires that 60 percent of each state's allocation be based on the number of people with incomes below the poverty level within the state; and Section 214(a)(2) requires that the remaining 40 percent be equal to the percentage of the nation's unemployed persons within the state.
State officials are responsible for establishing the network through which the foods will be used by ERAs in providing nutrition assistance to those in need and for allocating foods among those ERAs. States have full discretion in determining the amount of foods that will be made available to ERAs for use in preparing meals and/or for distribution to households for home consumption.
Surplus foods donated for distribution under TEFAP are Commodity Credit Corporation (CCC) foods purchased under the authority of section 416 of the Agricultural Act of 1949 (PL 81-439) (7 USC 1431 - section 416) and foods purchased under the surplus removal authority of section 32 of the Act of Aug. 24, 1935, 7 USC 612c (section 32).
The types of foods typically purchased under section 416 include dairy, grains, oils, and peanut products. The types of foods purchased under section 32 include meat, poultry, fish, vegetables, dry beans, juices, and fruits. Additionally, in FY 2020, the Department used CCC authority in the CCC Charter Act of 1948 (PL 80-806, 15 USC 714) for the Food Purchase and Distribution Program (FPDP), under which surplus foods affected by trade retaliation were purchased for distribution through TEFAP and other federal nutrition programs.
Approximately $496.54 million in surplus and $208.32 million in FPDP foods acquired in FY 2020 will be delivered to states in FY 2021. Surplus foods currently scheduled for delivery in FY 2021 include almonds, apples, beans, blueberries, butter, cheese, cherries, chicken, eggs, figs, grapefruit juice, grapes, haddock, hazelnuts, lentils, milk, mixed fruit, orange juice, oranges, peaches, pears, pecans, pistachios, ocean perch, plums, Alaska pollock, Atlantic pollock, pork, potatoes, raisins, raspberry puree, shrimp, tomato sauce, turkey, and walnuts.
FPDP foods scheduled for delivery in FY 2021 include apples, beef, butter, cheese, chicken, corn, eggs, dried fruit mix, lamb, milk, mixed fruit, orange juice, oranges, peaches, plums, pork, and potatoes. Other surplus foods may be made available to TEFAP throughout the year. The Department would like to point out that food acquisitions are based on changing agricultural market conditions; therefore, the availability of foods is subject to change.
In accordance with section 27 of the Food and Nutrition Act of 2008, 7 USC 2036, the Secretary is directed to purchase an estimated $322.5 million worth of foods in FY 2021 for distribution through TEFAP. In addition, states will receive supplemental foods provided through the Families First Coronavirus Response Act (PL 116-127, FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (PL 116-136, CARES Act). $309.5 million was provided through the FFCRA and $314.9 million through the CARES Act for supplemental food purchases made in FY 2020 and FY 2021. These foods are made available to states in addition to those surplus and FPDP foods which otherwise might be provided to states for distribution under TEFAP.
For FY 2021, the department anticipates purchasing the foods listed in the following table for distribution through TEFAP. The amounts of each item purchased will depend on the prices the department must pay, as well as the quantity of each item requested by the states. Changes in agricultural market conditions may result in the availability of additional types of foods or the non-availability of one or more foods listed in the table.