Maintenance of Lists of Eligible Recipient Agencies (ERA) Participating in TEFAP
This purpose of this policy memorandum is to clarify that state agencies must maintain lists of all Eligible Recipient Agencies (ERAs) that have an agreement with the state or with another ERA to participate in TEFAP.
Per TEFAP regulations at 7 CFR 251.10(e)(1), state agencies are responsible for monitoring TEFAP operations to ensure the program is meeting all federal and state requirements. In order to fully manage the program and ensure program integrity across the state, it is imperative that the state maintain a list of all ERAs operating in the state. This list must include all ERAs with which the state has an agreement, as well as all ERAs that have an agreement with another ERA.
Per 7 CFR 251.10(e)(2), state agencies are required to annually review at least: 1) 25 percent of all ERAs with which they have an agreement, provided that each ERA that has an agreement with the state be reviewed no less than once every four years, and 2) one-tenth or 20, whichever is fewer, of all ERAs which receive TEFAP foods and/or administrative funds through an agreement with another ERA. States should use this list when determining which ERAs to review each fiscal year. In addition, in order to ensure that regulatory review minimums are being met, state agencies must update the ERA list periodically, no less frequently than annually.
The Food and Nutrition Service will monitor state agency compliance with this requirement during management evaluations and will require corrective actions as necessary.