THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) HANDBOOK Revised 5/07/2015 Nebraska Department of Health and Human Services Food Distribution Program
INDEX Civil Rights Compliance...3 Pantry and/or Soup Kitchen Eligibility...4 Eligibility Guidelines...6 Storage Information...9 TEFAP Expense Reimbursement...9 USDA Food Losses/Spoilage...10 Record Keeping...10 Instructions and Sample Forms...11 TEFAP Handbook Page 2
CIVIL RIGHTS COMPLIANCE Civil Rights Training Food and Nutrition Services (FNS) requires civil rights training for people involved in all levels of the administration of programs that receive Federal financial assistance. Training is required so that people involved in all levels of administration of programs that receive Federal financial assistance understand civil rights related laws, regulations, procedures, and directives. Persons responsible for reviewing CR compliance must receive training to assist them in performing their review responsibilities. This training may be carried out as part of ongoing technical assistance. The FNS Regional Office and State agencies will be responsible for training State agency staffs. State agencies are responsible for training local agencies. Local agencies are responsible for training their subrecipients, including frontline staff. Frontline staff that interacts with program applicants or participants, and those persons who supervise frontline staff, must be provided civil rights training on an annual basis. Specific subject matter must include, but not be limited to: 1. Collection and use of data, 2. Effective public notification systems, 3. Complaint procedures, 4. Compliance review techniques, 5. Resolution of noncompliance, 6. Requirements for reasonable accommodation of persons with disabilities, 7. Requirements for language assistance, 8. Conflict resolution and customer service. Public Notification All FNS assistance programs must include a public notification system. The purpose of this system is to inform applicants, participants, and potentially eligible persons of the program availability, program rights and responsibilities, the policy of nondiscrimination, and the procedure for filing a complaint. A Basic Elements of Public Notification. The public notification system must include the following three basic elements: 1 Program Availability. Each State agency, local agency, or other subrecipient that distributes program benefits and services must take specific action to inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation. 2 Complaint Information Applicants and participants must be advised at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures. (And Justice for All poster) 3 Nondiscrimination Statement All information materials and sources, including Web sites, used by FNS, State agencies, local agencies, or other subrecipients to inform the public about FNS programs must contain a nondiscrimination statement. It is not required that the nondiscrimination statement be included on every page of the program information Web site. At the minimum, the nondiscrimination statement, or a link to it, must be included on the home page of the program information. TEFAP Handbook Page 3
a. The authorized statement reads as follows: In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer." If the material is too small to permit the full statement to be included, the material will at a minimum include the statement, in print size no smaller than the text that This institution is an equal opportunity provider. Each site must also display an "And Justice for All" poster, which is furnished by the FDP office. Guidelines for Processing Civil Rights Complaints The State of Nebraska DHHS will: 1. Provide information at the program delivery site advising program applicants/participants of the option to file a complaint with the Secretary of Agriculture, FNS Administrator, or the State agency. (the And Justice for All poster) 2. Accept and acknowledge complaints filed with the State agency informing the complainant of the action planned or requesting additional information needed for clarification. 3. Refer all age discrimination complaints to FNS Regional Office. 4. Gather facts that will either support or refute the complainant s allegation(s), ensuring that all relevant sources of information are investigated. 5. Review and evaluate the facts gathered. 6. Write decision letters informing the complainant of closure or follow-up action. Include the complainant s right to appeal to the Secretary of Agriculture. 7. Implement corrective action, when necessary. 8. Submit a report to FNSRO of each complaint processed, prior to issuing a decision letter to the complainant for the purpose of oversight and concurrence. PANTRY AND/OR CONGREGATE FEEDING SITE ELIGIBILITY Definitions: Food Pantry means a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. Food pantries distributing USDA foods to households for home consumption must limit the distribution of USDA foods provided to those households meeting the eligibility criteria established by the State agency. Soup Kitchen/Congregate Feeding Site means a public or charitable institution that, as an integral part of the normal activities of the institution, maintains an established feeding operation to provide food to needy homeless persons on a regular basis. TEFAP Handbook Page 4
Soup kitchens/congregate feeding sites providing prepared meals must demonstrate, to the satisfaction of the State agency, they serve needy persons. Suspension, Debarment and Tax Exempt Monitoring Food pantries and/or soup kitchens/congregate feeding sites must have documented tax-exempt status by: 1. Currently operating another Federal program requiring tax-exempt status under the Internal Revenue Code, or 2. Possessing documentation from the Internal Revenue Service recognizing tax-exempt status, or 3. If not in possession of such documentation, be automatically tax exempt as organized or operated exclusively for religious purposes under the Internal Revenue Code, or 4. Have made application for recognition of such status and be moving toward compliance with the requirements for recognition of tax-exempt status. Subrecipient Agencies must be monitored at least annually so as be in compliance with USDA Policy Memo FD-118. The IRS Automatic Revocation of Exemption List (List), which is organized by State, may be found at: http://www.irs.gov/charities-&-non-profits/automatic-revocation-of-exemption-list Agencies that are listed must be notified. ERA s (Eligible Recipient Agencies) are responsible for ensuring Subrecipient Agencies are not excluded or disqualified. This is done by checking the Excluded Parties List System (EPLS) available at www.sam.gov. Records documenting suspension and debarment monitoring must be retained for three federal fiscal years after the end of the federal fiscal year to which they pertain. The forms are to be kept in the ERA s file. TEFAP Handbook Page 5
TAKE HOME ELIGIBILITY GUIDELINES The following guidelines regarding the distribution of USDA foods are provided for ERAs (Food Banks/Pantries) to use in determining which individual households are eligible for take home USDA foods. Geographic Requirement Household must be located within the State of Nebraska. Income Standards Recipient eligibility will be based on 180% of the federal poverty guidelines during each fiscal year or current participation in one of the following Social Services programs automatically meet the income guidelines: Supplemental Nutrition Assistance Program, (SNAP), Aid to Dependent Children (ADC), Low Income Emergency Assistance Program (LIEAP), Aid to the Aged, Blind, and Disabled (AABD), Medical Assistance, Refugee Resettlement Program, or State Disability Program. If the household is not participating in one of these programs, the following income guidelines apply: Size of household Monthly Income Size of Household Monthly Income 1 1,765.50 4 3,637.50 2 2,389.50 5 4,261.50 3 3,013.50 6 4,885.50 For each additional household member ADD $624 If the household s primary wage earner has been unemployed for thirty days or more, income is determined by using an average of the household s last three months total gross weekly income rather than the earnings over the last year. If the primary wage earner of the household has just started a job, current income is determined by using the monthly income guideline as appropriate. Instructions for Completing Declaration Form for USDA Foods (FDP-105) Use: The Declaration Form for USDA Foods (FDP-105) is used to record information pertaining to the recipient. Signature: Signature of recipient. Address: Address of recipient Number in Household: Number of persons residing in recipient s household. Month: Month in which recipient received USDA donated foods. Year: Year in which recipient received USDA donated foods. Retention: The completed forms are to be retained for three federal fiscal years after the end of the federal fiscal year to which they pertain. The forms are kept in the agency s file. TEFAP Handbook Page 6
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TEFAP EXPENSE REIMBURSMENT FOR FOOD BANKS Food bank will submit on a quarterly basis the Record of Expenditures Under TEFAP Financial Assistance no later than 30 days after the end of the quarter. State of Nebraska DHHS will issue a quarterly payment for services specified in the Subgrant Contract no later than 30 days after receipt of the Record of Expenditures Under TEFAP Financial Assistance. The payment will be based upon actual expenditures made by the Subrecipient and recorded monthly on the Record of Expenditures Under TEFAP Financial Assistance. Food bank will permit the State of Nebraska DHHS and/or auditors to have access to the records and financial statements at any time including all source documentation as necessary for the State of Nebraska to comply with OMB Circular No. A-133 / 400 (d). DHHS shall examine supporting documentation during site reviews. SITE STORAGE INFORMATION Standards for storage facilities. Distributing agencies, subdistributing agencies and recipient agencies shall provide facilities for the handling, storage and distribution of donated foods which: 1. Are sanitary and free from rodent, bird, insect and other animal infestation; 2. Safeguard against theft, spoilage and other loss; 3. Maintain foods at proper storage temperatures per USDA foods fact sheets posted here: http://www.fns.usda.gov/fdd/nslp-usda-foods-fact-sheets 4. Store frozen items at a required maximum of zero degrees Fahrenheit, store dry items ideally between fifty degrees Fahrenheit and seventy degrees Fahrenheit, and store cooler items ideally between thirtysix degrees Fahrenheit and forty degrees Fahrenheit. 5. Store all grain products such as pasta, rice, oats, and flour in the cooler if ideal conditions are not available in the dry storage warehouse. 6. Be sanitary and free from rodent, bird, insect, and other animal infestation. 7. Stock and space foods in a manner so that USDA donated foods are readily identified; 8. Store donated food off the floor in a manner to allow for adequate ventilation; and 9. Take other protective measures as may be necessary. Distributing agencies, subdistributing agencies and recipient agencies shall ensure that storage facilities have obtained all required Federal, State and/or local health inspections and/or approvals and that such inspection/approvals are current. Below are some best practices to ensure clean and safe storage of USDA food items. Check USDA foods at least twice per week Keep USDA foods away from chemicals Keep USDA foods away from water and direct sunlight Keep USDA foods free from insects Keep USDA foods under lock and key Check refrigerator and freezer temperatures daily TEFAP Handbook Page 8
First-In-First-Out Concept The most basic rule of inventory management is first-in-first-out (FIFO) foods delivered to the warehouse first (first in) should be the first items (first out) distributed to recipient agencies, households and used in congregate feeding sites. You can achieve an acceptable level of accuracy by marking the pallets, or cases if you receive mixed pallets, with the date you receive them and practicing FIFO. This will significantly reduce the risk of product going out of condition. Also, consider the amount of product already in inventory. Excessive inventory increases the risk of product going out of condition. Storage conditions can have a significant impact on the quality of food products. The same product will last for different periods of time depending on the temperature of the warehouse, the humidity level, and air circulation. In general, cool temperatures and low humidity provide the best storage conditions. Food should be stored off the floor, out of direct sunlight, and away from contact with walls and ceilings. USDA Food Losses/Spoilage In those instances in which USDA foods may become damaged, spoiled, or lost while in the possession of a pantry, soup kitchen, or food bank, a representative of the organization is to contact the Food Distribution Program office at the Nebraska Department of Health and Human Services to inform us of the loss. Our telephone number is (402) 471-9351. This contact is to be made before any USDA foods are destroyed. The disposal form must be filled out by the person authorized to destroy any out-of-condition USDA foods and a witness. After considering the circumstances surrounding the loss of the USDA foods and the dollar value involved, this agency or the U.S. Department of Agriculture may make a financial claim against the agency involved. It is, therefore, very important that you as the authorized representative of your agency be sure that the USDA foods are properly stored, secured, and that supporting documentation is on hand with reference to USDA foods received and distributed by your organization. The above described policies with reference to a claim also are in effect should a review of your records by this agency indicate that USDA foods have been lost. Complaints All food product and program complaints should be directed to: Food Distribution Program, Nebraska Health and Human Services, P.O. Box 95026, Lincoln, NE 68509. Forms are also available from the Food Distribution Program (FDP). These forms must be filled out completely including contract number and lot number from the case. Record Keeping The recipient agency (food bank, pantry or emergency feeding organization) will keep complete and thorough records of all shipments, issuance and transfers for all USDA food products received under this program. The recipient agency will maintain accurate receipts of all shipments. These receipts will contain the following information: 1. Date of transaction 2. Name of delivery carrier 3. Name of food product and size 4. Quantity received 5. Signature of delivery agent 6. Signature of receiving agent TEFAP Handbook Page 9
When a quantity of product is moved from a food bank to a pantry or from one location to another, the same data needs to be collected by both the sending and receiving entities. Each recipient agency must keep records of households receiving USDA foods. The records must reflect the following information: 1. The name of the household member receiving USDA foods 2. The address of the household (to the extent practicable) 3. The number of persons in the household, and 4. The basis for determining that the household is eligible to receive USDA foods for home consumption If product should be exchanged from one project recipient agency to another, i.e., one pantry to another facility, this transaction must be approved in advance by the Food Distribution Program office and the proper transfer forms completed prior to the actual transfer of the USDA foods. Instructions for Completion of FDP-101 and FDP-102 FDP-101: Disposal of Federally Donated Foods This form is to be used when disposing of any USDA foods, which have spoiled or are out of condition for some other reason. When this occurs, you are to first receive permission to destroy these products by contacting Food Distribution at the Department of Health and Human Services. USDA foods may not be disposed of until permission is received from Food Distribution to do so. The items are to be disposed of by separating the food itself from the package and destroying both separately. The FDP-101 must be filled out, signed by the person disposing the food and a witness. The original form is sent to Food Distribution of the Department of Health and Human Services. We will co-sign the FDP-101 and return a copy to your office for your files. The form is to be kept on file for three Federal Fiscal years from the year to which it pertains. FDP-102: Transfer of Federally Donated Foods This form is used when USDA foods are transferred to another agency or office of this Department (i.e., pantry to pantry). Following a determination that it is necessary to transfer the items, contact Food Distribution to receive verbal permission to do so. At the time of the transfer, a representative of the agency releasing the food signs the first signature line and a representative of the agency receiving the food signs the second signature line. The form is then sent to Food Distribution where it will be counter-signed. A copy will then be provided to you as well as the other agency involved for each of your files. TEFAP Handbook Page 10
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