Wyo. Code R. 049-0016-1
Effective Date: 04/20/2005 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0016.1.04202005
Section 1. Authority. These rules are promulgated in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115 and the rule making authority for the Department of Family Services, W.S. 42-2-101 and W.S. 42-2-102(a)(i). The Emergency Food Assistance Program is authorized by Public Law No. 98-8 of 1983 as amended, 7 CFR, Section 250 and 251.
Section 2. Purpose. These rules provide uniform procedures for the allocation of federal commodities to eligible sites. These rules also provide for the distribution of such commodities to eligible persons. The commodities are donated by the United States Department of Agriculture (USDA). The rules provide for correct storage and processing procedures for USDA commodities.
(h) “Damaged or Unusable Products” - Food products damaged in shipment or during a distribution to the extent that the products are potentially hazardous and unfit for human consumption.
“DFS” - The Wyoming Department of Family Services.
(j) “Distribution Site” - The location where the emergency feeding organization actually distributes commodities to needy persons.
(k) “Eligible Households” - A household with gross monthly income that is equal to or less than 130% of the current federal poverty level based on household size.
(l) “Emergency Feeding Organization” - Any public or nonprofit private organization which has entered into an agreement with Contractor to provide assistance to needy persons and which receive commodities under The Emergency Food Assistance Program.
“FNS” - The Food and Nutrition Service of the United States Department of Agriculture.
(n) “Federal Education Assistance” - Federal funds received by students under Title IV of the Higher Education Act shall not be considered income. (The most common grants included in this program are Pell Grants, Supplemental Education Opportunity Grants and Byrd Honor Scholarships.) If there is a question regarding Title IV programs, the student is responsible for providing documentation.
(o) “Food Bank” - A public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products thereof, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that provide meals or food to needy persons on a regular basis as an integral part of its normal activities.
“Food Pantry” - A public or private non-profit organization that provides food to needy persons.
“Homeless” - An individual who lacks a permanent residence.
“Households” - A single individual or group of related or unrelated persons living together.
(s) “Ineligible sites” - The following sites are not eligible for commodities under these rules: for profit organizations, boarding homes, nursing homes, jails, hospitals and orphanages or other facilities that provide meals as part of their service.
(t) 'Non Profit' - Any organization that has filed for non profit status with the Wyoming Secretary of State's office and has obtained or has filed for the Internal Revenue Service tax exempt status.
(u) 'Out of Condition Product' - A product declared unfit for human consumption by federal, state, or local health officials, or by other inspection services or persons deemed competent by the Contractor.
(v) 'Processing' - Any change made to the USDA commodity to convert it into a different end product or any repackaging of USDA commodities.
(w) 'Proxy' - A written and signed statement authorizing an individual to pick up food commodities for an eligible household.
(x) 'Records' - Documents maintained by the food distribution site that are available for inspection by Contractor upon request.
(y) 'State Food Distribution Coordinator' - The state employee designated by DFS to administer The Emergency Food Assistance Program.
(z) 'The Emergency Food Assistance Program' (TEFAP) - A federally and state funded program designed to distribute USDA donated food commodities in the State of Wyoming.
(aa) 'Site Director' - The agency designated authority authorized to negotiate with Contractor.
(bb) 'Storage' - The maintaining of USDA commodities for distribution at a later time according to the rules.
(cc) 'Soup Kitchen' - A public or charitable institution that maintains an established feeding operation to provide food to needy homeless persons on a regular basis as an integral part of its normal activities.
(dd) 'Transient' - A person who is traveling through Wyoming with no intent to reside.
(ee) 'USDA' - The United States Department of Agriculture.
(a) Federal allocations of food commodities to Wyoming for both soup kitchen/food banks and food pantries are based on the following:
(i) Availability of commodities to USDA;
(ii) Sixty percent (60%) of the number of persons in households within the State having incomes below the poverty level; and
(iii) Forty percent (40%) of the number of unemployed persons; and
(iv) The State’s capacity to use food commodities without waste.
(b) Allocation to Distribution Sites.
(i) DFS will select Contractor, and Contractor will allocate.
(ii) Allocations are subject to the availability of commodities from USDA.
(iii) Allocation of food commodities is based upon the food stamp monthly dollar issuance per county.
(iv) Allocation to sites within each county are based on reports of clients served by the program at each site.
(a) There shall be one designated site in each county that may receive commodities from Contractor. Each organization must meet the following conditions to be eligible for USDA commodities:
(i) Non profit status as verified by a copy of the application determination letter received as a result of submitting IRS form 1023 or 1024 for IRS non profit status determination. There must also be a copy of a certificate of non profit incorporation from the Wyoming Secretary of State’s office. These items shall be submitted to the Contractor’s food distribution coordinator;
(ii) There shall be no charge or requested contribution to a recipient of the commodities;
(iii) The organization must provide certificate(s) of inspection from a local health department or the Wyoming Department of Health or the Wyoming Department of Agriculture for the food bank, soup kitchen or food pantry(s);
(A) Commodities may be issued to a site on a provisional one time basis without a sanitation inspection. However, if the site is out of compliance with the appropriate inspection, no further commodities will be allocated until compliance is complete. A sanitation inspector shall determine if the existing commodities may be transferred to another facility if a site does not pass the sanitation inspection.
(B) Any USDA commodity up to one hundred (100) pounds found to be damaged or out of condition will be destroyed in such a manner that it cannot be used for human consumption. The destruction must be reported on a damage and loss form. If the amount of out-of-condition USDA commodities is over one hundred (100) pounds, a health official or other person authorized by Contractor must witness and confirm the product disposal. If a health officer is not available then the out of condition product must be held under refrigeration to await instructions for disposal.
(C) All out of condition products must be disposed of in accordance with USDA/FNS procedures.
(iv) All USDA commodities must be stored in a manner that allows for inventory to be completed.
(A) Contractor will have the right of access at any reasonable time to complete an inventory if deemed necessary. There shall be an annual inventory of the main storage facility. The USDA commodities will be stored on a first in, first out basis.
(v) The organization must give priority to serving the homeless and the elderly. There shall be no eligibility criteria which prevent the homeless or elderly from receiving service.
(vi) The organization must agree to keep records pertaining to eligibility of recipients and the distribution of the commodities.
(vii) The organization must agree to reviews or audits of records that pertain to USDA commodities. The reviews or audits shall be done by Contractor, DFS, or USDA.
(viii) The organization must serve the entire county either directly or by supervising another food pantry or pantries. There shall be a current written distribution plan on file with Contractor.
(b) A food bank may apply on behalf of two or more counties.
(c) The following weighted selection criteria shall be used when there are competing applications for the soup kitchen/food bank commodities:
(i) The organization must have continuity of service in the community as measured by the date of incorporation in Wyoming - 10 points.
(ii) The organization must have letters of support from representatives of the community, elected officials and human services agencies - 20 points.
(iii) The location must be easily accessible to the local DFS field office and major highways - 20 points.
(iv) Storage must be in accordance with USDA recommendations - 30 points.
(v) The organization must have accessible hours, either regular or an emergency system - 10 points.
(vi) The organization must have procedures for serving the homeless and the needy - 10 points.
(d) Sites which fail to adhere to the following limitation on unrelated activities may be terminated from the program.
(i) Activities unrelated to the distribution of TEFAP foods may be conducted at distribution sites as long as:
(A) The person(s) conducting the activity makes clear that the activity is not part of TEFAP and is not endorsed by DFS (impermissible activities include information not related to TEFAP placed in or printed on bags, boxes, or other containers in which commodities are distributed). Recipes or information about commodities, dates of future distributions, hours of operations, or other Federal, State or local government programs or services for the needy may be distributed without a clarification that the information is not endorsed by DFS;
(B) The person(s) conducting the activity makes clear that cooperation is not a condition of the receipt of TEFAP commodities [cooperation includes contributing money, signing petitions, or conversing with the person(s)]; and
(C) The activity is not conducted in a manner that disrupts the distribution of TEFAP commodities.
(ii) Emergency feeding organizations and distribution sites shall ensure that activities unrelated to the distribution of TEFAP foods are conducted in a manner consistent with paragraph (i) of this section.
(iii) Termination for violation. Except as provided in paragraph (iv) of this section, Contractor shall immediately terminate from further participation in TEFAP operations any emergency feeding organization or distribution site that distributes or permits distribution of materials in a manner inconsistent with the provisions of paragraph (i) of this section.
(iv) Termination exception. Contractor may withhold termination of distribution site's TEFAP participation if Contractor cannot find another emergency feeding organization or distribution site to operate the distribution in the area served by the violating organization. In such circumstances, Contractor shall monitor the distribution of commodities by the violating organization to ensure that no further violations occur.
Section 6. Agreement With Distribution Site. All sites receiving USDA commodities from Contractor shall have a current written agreement with Contractor before the receipt of any commodities.
(a) The agreement shall automatically expire one year from the signature date unless an extension is entered into by the site and Contractor. The agreement may have two one year extensions. Any extension shall include updated information concerning changes from the prior year.
(b) No person shall be excluded from participation, be denied benefits or be subject to discrimination under this program because of race, color, creed, sex, age, national origin or physical or mental handicap.
(c) Distribution sites shall not diminish their normal expenditures for food because of receipt of commodities from The Emergency Food Assistance Program.
(d) Eligibility of households and individuals shall be determined by the households declaration it meets eligibility requirements. There shall be no charge nor donation requested for USDA commodities.
(e) USDA commodities may not be used for mass feedings with the exception of soup kitchens. Programs such as nursing homes, prisons, detention centers, special schools or orphanages are not allowed to use USDA commodities that are allocated as part of the Hunger Prevention Act of 1988.
(f) The homeless and elderly shall receive priority in programs distributing USDA commodities allocated as part of the soup kitchen and food pantry program. An address must not be required as an eligibility criteria.
(g) There shall be no processing of USDA commodities unless it is done by a federally approved F.S.I.S. (food safety inspection service) plant. Processing must meet all USDA and FNS requirements.
(i) Any repackaging of USDA commodities is considered processing. The new package must be clearly labeled USDA donated foods and include any other information that is required by USDA or DFS.
(ii) All questions about repackaging and processing shall be referred to Contractor. All decisions are subject to approval by USDA/FNS.
(iii) Contractor or DFS will not be responsible for the cost of any processing.
(h) All records of the distribution of USDA commodities are the property of the State of Wyoming. When the TEFAP branch site coordinator, resigns, he/she shall surrender the records to Contractor upon request. All records are to be maintained for three years from the Federal Fiscal Year to which they pertain.
(i) The State of Wyoming will not be held liable for any accidents involving the recipients of the distribution of USDA commodities.
(j) If there is inventory that is unaccounted for, groups of ineligible people served, gross negligence, or any intentional violation of the rules, the agreement shall be canceled with a ten day written notice sent to the site coordinator. If Contractor believes there is sufficient evidence of fraud or negligence, Contractor may suspend the agreement immediately. All records relating to USDA commodities will be surrendered immediately to Contractor upon suspension of the agreement.
(k) The agreement may be terminated in writing by either party with thirty (30) days notice.
(a) This process shall be followed when an applicant makes a request for commodities under The Emergency Food Assistance Program:
(i) Application is to be made on the form prescribed by Contractor.
(ii) The application form may be completed by proxy for the applicant.
(iii) The site director has the right, on a nondiscriminatory basis, to request verification of the household size, income and residency at the time of application.
(iv) The applicant or an authorized representative must sign the application form.
(v) The site director must determine the amount of USDA commodities to be distributed to a household according to a written schedule. This is based upon the allocation to the county and the anticipated number of recipients. This schedule must be available for public inspection if requested. The schedule may change because of the available commodities.
(b) A soup kitchen shall provide meals in accordance with its procedures. Each soup kitchen shall retain a list of the people served for three years. The records may be destroyed after three years in a manner that protects the confidentiality of the commodity recipients.
(c) Distribution of commodities by food pantries may be done by referrals from local DFS, law enforcement or according to the food pantry's by-laws.
Section 8. Site Procedures. These procedures are followed in order to provide households the opportunity to participate in the program.
(a) Distribution of commodities from food pantries may be done by referral from the local field office of DFS, law enforcement or according to the food pantry's own by-laws. The distribution of commodities shall be subject to a household meeting eligibility requirements.
(b) Soup kitchen and food bank commodities are distributed in accordance with the organization's policies. Individuals who are eligible may receive soup kitchen and food pantry commodities during the same time period.
(c) The commodities shall be marked to show the program to which they are allocated. These commodities shall be physically stored in separate locations when possible within the building. No USDA commodities shall be reallocated to another program without prior approval of Contractor.
(d) Information provided to the public shall include the location and time of distribution, meals served in a soup kitchen or hours that a food pantry is open.
(i) A food pantry shall maintain an emergency plan for distribution of food to those in need during hours the pantry is not open. The announcement of the distribution may be in local media and by other means that are appropriate for the community.
(ii) Arrangements for the announcement are the responsibility of the site director. If there is a charge for advertisements Contractor will reimburse in accordance with DFS policy. Every effort shall be made to obtain free advertisement when possible.
(iii) Copies of newspaper advertisements and other advertising shall be maintained on file for review. The TEFAP coordinator will maintain copies of advertisements for three (3) years after the close of the Federal Fiscal Year.
(e) Households may designate in writing an authorized representative as proxy to receive food commodities for that household.
(f) All information that identifies an applicant for commodities shall be held confidential except as necessary to determine eligibility.
(g) A commodity applicant/recipient shall be informed at the time of application of:
(i) Eligibility factors;
(ii) The purpose for which TEFAP commodities are provided;
(iii) The amount of food commodities for which the household is eligible;
(iv) Rights and responsibilities.
Section 9. Household and Individual Responsibilities.
(a) A household shall apply for and, if eligible, receive food commodities at a single food pantry within the county in which they live.
(b) A household is responsible for cooperating with the process of determining eligibility by providing certification that all household income is within the guidelines as stated on the application.
(c) The household shall only use the commodities for personal use and shall not sell or trade food commodities.
(d) Households shall not willfully or intentionally make a false statement, conceal or withhold information in order to receive commodities that they are not entitled to receive. In the event the withholding of information or providing false information is verified for a household that fraudulently received or used USDA commodities, the household will be subject to one of the following:
(i) Prosecution under local, state and federal laws;
(ii) A period of ineligibility as determined by Contractor. The period of ineligibility shall be dependent upon the circumstances. If an individual was using USDA commodities for profit there shall be restitution and a minimum of one year ineligibility. When an otherwise eligible household receives more than their fair share of USDA commodities, then the period of ineligibility shall be for six months.
(iii) Restitution through the establishment and collection action of a claim against the person(s) in accordance with Contractor procedures.
Section 10. Record Keeping. All sites receiving TEFAP commodities shall keep the following records:
Section 11. Verification. TEFAP employs the declaration of eligibility method. Additional verification is only necessary at the coordinator's discretion and if there is a question about one or more of the eligibility requirements.
Section 12. Benefit Level. The household's benefit level may vary according to the current allocation of commodities to the site.
Section 13. Fitness of Commodities. Only commodities fit for human consumption shall be distributed. Damaged or unusable commodities shall be destroyed in accordance with instructions from Contractor so that the commodities cannot be used for human consumption.
Section 14. Distribution of Commodities. Each site shall use a written distribution schedule. The purpose of a written schedule is to insure equitable treatment and maximum distribution.
(a) The written schedule shall be available for public review upon request.
(b) The written schedule may change from one distribution to the next according to the county allocation.
(c) The written schedule shall be the responsibility of the site coordinator who shall consider local needs.
(d) The written schedule shall not discriminate against any group or individual who otherwise meet the eligibility.