Wyo. Code R. 049-0016-1
Effective Date: 03/26/1990 to 01/07/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0016.1.03261990
Date Filed 03/26/90
Expr Date
Supr Date
Repeal Date
Document Type RULES
Chapter I
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 Health and Social Services, W.S. 42-2-103 (b)(viii). The Temporary Emergency Food Assistance Program is authorized by Public Law No. 98-8 of 1983 as amended, 7 CFR 251. The distribution of Soup Kitchen and Food Bank commodities is authorized by Public Law No. 100-435, section 110.
Section 2. Purpose. These rules provide uniform procedures for the allocation of federal commodities to eligible sites, to soup kitchens, food banks and food pantries. 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).
(a) "Allocation" - amount of commodity food made available for distribution.
(b) "Branch Distribution Site" - A designated town in which a distribution of commodities is held.
(c) "Branch Site Coordinator" - The person designated to be responsible for the USDA donated commodities in a specific town.
(d) "Commodity" - USDA donated food or other donated food.
(e) "Commodity Agreement" - A written document between the site coordinator and D-PASS denoting rights and responsibilities for donated USDA food.
(f) "County Coordinator(s)" - The person(s) designated by the State Food Distribution Coordinator to coordinate the food distribution programs in a designated county.
(g) "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.
(h) "D-PASS" - The Division of Public Assistance and Social Services of the Wyoming Department of Health and Social Services.
(i) 'Food Bank' - A public or private nonprofit organization that maintains an established operation involving the provision of food or edible commodities to soup kitchens or food pantries.
(j) 'Food Pantry' - A public or private non-profit organization that provides food to needy persons.
(k) 'Eligible Household' - 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) 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.)
(m) If there is a question regarding Title IV programs, the student is responsible for providing documentation.
(n) 'Homeless' - An individual who lacks a permanent and regular nighttime residence.
(o) 'Household' - A single individual or group of related or unrelated persons living together.
(p) 'Ineligible sites' - The following sites are not eligible for commodities under these rules: boarding homes, nursing homes, jails, hospitals and orphanages or other facilities that provide meals as part of the service.
(q) 'Out of condition products' - Any food that may be potentially hazardous to human consumption because of infestation, spoilage or damage.
(r) 'Proxy' - A written and signed statement authorizing an individual to pick up food commodities for an eligible household.
(s) 'Records' - Documents maintained by the food distribution site that are available for inspection by D-PASS upon request.
(t) 'Soup Kitchen' - A public or private non-profit organization that maintains an established feeding operation to provide food to needy and/or homeless persons on a regular basis.
(u) 'State food distribution Coordinator' - The state employee designated by the Division of Public Assistance and Social Services to administer the Temporary Emergency Food Assistance program.
(t) 'Transient' - A person who is traveling through Wyoming with no intent to reside.
(u) 'Temporary Emergency Food Assistance Program (TEFAP)' - A federally and state funded program designed to distribute USDA donated food commodities in the state of Wyoming.
(v) 'USDA' - The United States Department of Agriculture.
(a) Federal allocations to Wyoming of food commodities for both TEFAP and soup kitchen/food banks are based on the following:
(i) Availability of commodities to USDA.
(ii) Number of unemployed persons.
(iii) Number of households with incomes below the federal poverty level.
(iv) The state's capacity to use food commodities without waste.
(b) State Allocations to Distribution Sites.
(i) All allocations to distribution sites, soup kitchens, food banks and food pantries are subject to the availability of commodities from USDA.
(ii) Allocation of food commodities to distribution sites, food banks and food pantries is based upon the most recent available food stamp monthly dollar issuance per county.
(iii) If a county TEFAP coordinator chooses, he/she may distribute all TEFAP commodities to a soup kitchen or a food pantry rather than a mass distribution following:
(A) Adequate public notice.
(B) A public hearing.
(C) Review and approval by D-PASS. (iv) Commodities remaining after a TEFAP distribution may be allocated to the local soup kitchen or food pantry, whichever is appropriate.
(c) Soup kitchen commodities shall be allocated to soup kitchens approved by D-PASS. Soup kitchens shall be initially allocated twenty percent (20%) of the total state allocation of soup kitchen and food bank commodities with the remaining eighty percent (80%) being initially allocated to food pantries.
(i) Each approved soup kitchen shall be allocated a proportionate share of the initial 20% allocation. The proportionate share shall be based on the ratio of the total monthly meals provided by the soup kitchen in the second month prior to the planned distribution compared to the total monthly meals provided by all soup kitchens applying for these commodities during the same period of time. The proportionate share shall then be applied to the commodities available for distribution.
(ii) The soup kitchens may order commodities based upon their need and capability to provide storage for the commodities in accordance with USDA storage recommendations.
(iii) Any commodities allocated to a soup kitchen which are not ordered by a soup kitchen will be made available to the other approved soup kitchens. These commodities shall be made available in accordance with the procedures outlined in section (i) above. Any remaining commodities allocated to soup kitchens which are not ordered by soup kitchens shall be made available for ordering to food pantries.
(a) There shall be one designated food bank or food pantry in each county that may receive TEFAP, soup kitchen and food bank commodities from D-PASS. There are conditions that each organization must meet to be eligible for USDA commodities:
(i) The organization must have non-profit status as verified by tax I.D. number or a copy of the application for tax exempt status.
(ii) There shall be no charge 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 and Medical Services for the food bank or food pantry(ies).
(iv) The organization must give priority to serving the homeless.
(v) The organization must agree to keep records pertaining to eligibility of recipients and the distribution of the commodities.
(vi) The organization must agree to reviews or audits of their records that pertain to the USDA commodities. The reviews or audits shall be done by D-PASS or its authorized representatives.
(vii) The organization must serve the entire county either directly or by supervising another food pantry or pantries.
(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 in the community as measured by the date of incorporation --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 D-PASS 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 poor --10 points.
Section 6. Agreement With Distribution Site. All TEFAP distribution sites, soup kitchens, food banks or food pantries receiving USDA commodities from D-PASS shall have a current written agreement with D-PASS before the receipt of any commodities. The agreement shall contain the following information:
(a) No person shall be excluded from participation, be denied benefits or be subject to discrimination under this program because of race, color, religion, creed, sex, age, political affiliation, national origin, or physical or mental handicap.
(b) Records on all commodities received and distributed shall be maintained in the form and manner prescribed by D-PASS. These records shall be subject to a review or audit if requested by D-PASS. These records shall be maintained for three years.
(c) Storage of commodities shall be maintained as required by USDA recommendation or state regulations.
(d) All out-of-condition food shall be disposed of in a manner prescribed by D-PASS.
(a) This process shall be followed when an applicant makes a request for Temporary Emergency Food Assistance Program or pantry food.
(i) Application is to be made on the form prescribed by D-PASS.
(ii) The application form may be completed by proxy for the applicant.
(iii) The county coordinator or food pantry director has the right, on a non-discriminatory basis, to request verification of the household size, income and residency at the time of application or if there is an indication of change.
(iv) The applicant or an authorized representative must sign the application form.
(v) The county coordinator or food pantry director must determine the amount of USDA commodities to be distributed to a household according to a written schedule. This schedule must be available for public inspection if requested. The schedule may change and is based upon the allocation to the county of commodities available.
(b) A soup kitchen shall provide meals in accordance with their procedures. Said kitchen retain a list of the people served for three years.
(c) Distribution of commodities from pantries may be done by referrals from the local field office of the D-PASS or according to the pantries own by-laws.
Section 8. Applicant's/Recipient's Rights. These procedures are followed in order to provide households the opportunity to exercise their rights:
(a) Households are to be given at least one week advance notice of the time and place of a TEFAP distribution to be held in their area through public news releases.
(b) Households may designate in writing an authorized representative as proxy to receive food commodities for the eligible applicant's household for TEFAP or pantry commodities.
(c) All information that is identifiable to an applicant(s) shall be held confidential except as necessary to determine eligibility.
(d) Applicants/recipients shall be informed at the time of application of:
(i) Eligibility factors;
(ii) The purpose for which TEFAP or soup kitchen and food bank commodities are provided;
(iii) The amount of food commodities for which the household is eligible;
(iv) Their rights and responsibilities; and
(v) How and when fair hearings may be requested. Households have a right to an administrative review of denial of eligibility upon request.
(a) A household shall apply for and if eligible receive food commodities at the distribution site within the county in which the household resides.
(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 may receive TEFAP food commodities at only one site per distribution. Soup kitchen and food bank commodities are distributed in accordance with the organization's policies.
(d) The household shall only use the commodities for personal use only and shall not sell or trade food commodities.
(e) 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 it is verified that a household has fraudulently received or used USDA commodities, the house hold will be subject to one of the following:
(i) Prosecution under local, state and federal laws;
(ii) A period of ineligibility as determined by court action; and
(iii) Restitution through the establishment and collection action of a claim against the person(s).
Section 10. Record Keeping. All sites receiving TEFAP, soup kitchen or food bank commodities shall keep the following records:
(a) Freight receipts showing the exact commodities shipped and received.
(b) Distribution reports showing the number of cases of commodities distributed or used. This report shall include the beginning and ending inventory.
(i) This report shall show the number of house holds served and persons served.
(ii) If there were any loss or damage the report shows how the commodities were disposed of.
(c) All applications and proxy statements for commodities.
(d) Any appropriate verification that may have been necessary.
(e) All records shall be kept by the TEFAP coordinator, food pantry and soup kitchen outlet for a minimum of three years. Records may be destroyed after three years.
Section 11. Verification. This program employs the declaration of eligibility method. Additional verification is only at the coordinator's discretion and if there is a question regarding one or more of the eligibility requirements.
(a) Verification of any one or all eligibility factors may be requested at the time of application at the county coordinator's option. If verification is not received, the county coordinator may deny participation until verification of eligibility is received.
(b) Verification of the following factors shall be required of an applicant upon request:
(i) Household size. This is verified through collateral contacts with the landlord, neighbors, or school records.
(ii) Gross income for the entire household. The applicant may verify income with wage stubs, an employer's statement or self-employment or business records.
(iii) Social Security numbers for all adults in the household. This may be verified with Social Security cards, old tax returns, wage stubs or a driver's license.
(iv) Homelessness may be satisfied by a written statement from the applicant/recipient.
Section 12. Benefit Level. The household's benefit level is according to the current allocation 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 D-PASS 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 composition of the written schedule shall be the responsibility of the site coordinator and shall consider local needs.
(d) The written schedule shall not discriminate against any group or individual who otherwise meets program eligibility.