Consolidation of Reporting Requirements and Replacement of Donated Foods in Disasters, Emergencies, and Situations of Distress

This policy memorandum consolidates requirements for the state distributing agency when reporting the distribution of donated foods, and when requesting the replacement of such foods, in Presidentially-declared disasters and emergencies (hereinafter referred to as disasters), and in situations of distress. In addition, this policy memorandum clarifies that applications submitted by disaster organizations for distribution of donated foods to households must include a description of the methods of distribution available in both disasters and situations of distress.

In accordance with 7 CFR 250.69(f), the distributing agency must provide a summary report of donated food distribution for use in disasters within 45 days following the termination of disaster assistance, using form FNS-292. In accordance with 7 CFR 250.69(g), the distributing agency must submit to the Food and Nutrition Service regional office (FNSRO) a request for replacement of such foods (if such replacement is desired) within 30 days following the termination of disaster assistance. Food and Nutrition Service (FNS) will replace foods in accordance with requests that meet the 30-day requirement, or in accordance with justification to waive the 30-day requirement.

As of the date of this policy memorandum, the distributing agency may submit the summary report of donated food distribution for use in a disaster, and a request for replacement of such foods, to the FNSRO at the same time, within 45 days following the termination of disaster assistance. However, it would be helpful to submit the claim as soon after the termination of disaster assistance as possible. Such report, and request for replacement, must be submitted using the FNS-292A electronic claim form in FPRS (Food Programs Reporting System), entitled "Report of Commodity Distribution for Disaster Relief' found at the following website: https://fprs.fns.usda.gov. The distributing agency must indicate the donated foods that it used under "section 10. Commodities Distributed". Additionally, the distributing agency must indicate whether they are requesting replacement or not under "section 11. Remarks."

Similar requirements for reporting distribution of donated foods for use in situations of distress, and for requesting replacement of such foods, are included in 7 CFR 250.70(f) and (g). As of the date of this policy memorandum, the distributing agency may submit such report and request for replacement to the FNSRO together, using the FNS-292A electronic claim form in FPRS, within 45 days following the termination of such assistance. However, in accordance with 7 CFR 250.70(g), FNS will replace donated foods distributed in a situation of distress only as funds are available to permit such replacement. Therefore, it would be helpful to submit the claim as soon after the termination of assistance as possible.

Additionally, in accordance with 7 CFR 250.69(c)(2), a disaster organization wishing to receive donated foods for distribution to households in a disaster must include in its application a description of the methods of distribution available. This policy memorandum clarifies that, although not explicitly stated in 7 CFR 250.70(c)(2), a disaster organization wishing to receive donated foods for distribution to households in a situation of distress must also include in its application a description of the methods of distribution available.

Cathie McCullough
Director
Food Distribution Division