1. (1) A qualified emergency food agency (Qualified Agency), is an organization that is:

   1. (a) exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; or

   2. (b) an association of governments or a municipality that as part of its activities operates a program with the primary purpose to:

      1. (i) warehouse and distribute food to another agency or organization providing food and food ingredients to low-income persons; or
      2. (ii) provide food and food ingredients directly to low-income persons.
2. (2) For initial designation as a Qualified Agency, an organization must file an application with, and must be approved by, the State Community Services Office (SCSO) before receiving a distribution under Section 35A-8-1009.

3. (3) Continuing Requirements.

   1. (a) After the initial designation as a Qualified Agency, a non-profit 501(c)(3) organization must maintain a current Charitable Solicitations Permit issued by the Utah Department of Commerce, Division of Consumer Protection pursuant to Title 13, Chapter 22, Charitable Solicitations Act, or be exempt under the same Act.
   2. (b) After the initial designation as a Qualified Agency, an association of governments or a municipality must continue to operate a program with the primary purpose to warehouse and distribute food to another agency or organization providing food and food ingredients to low-income persons, or to provide food and food ingredients directly to low-income persons.
4. (4) An entity applying to be designated as a Qualified Agency must submit a list of current members of the entity's board of directors and contact information for the individual primarily responsible for maintaining the organization's financial records. This information shall be submitted with the Qualified Agency's application for funds each year.

KEY: Qualified Emergency Food Agencies Fund, QEFAF

Date of Last Change: August 15, 2022

Notice of Continuation: June 28, 2022

Authorizing, and Implemented or Interpreted Law: 35A-8-1004