Wyo. Code R. 049-0016-1
Effective Date: 01/07/1997 to 10/20/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0016.1.01071997
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(a)(iii) & (viii). The Emergency Food Assistance Program is authorized by Public Law No. 98-8 of 1983 as amended, 7 CFR, Section 250 and 251. The distribution of soup kitchen and food bank commodities is authorized by Public Law 100-435, Section 110.
Section 2. Purpose. These rules provide uniform procedures for the allocation of federal commodities to eligible sites and allocations 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). The rules provide for correct storage and processing procedures for USDA commodities.
(a) 'Allocation' - Amount of commodity food made available to the site for distribution.
(b) 'Authorized Representative' - A person acting on behalf of a household, through the household's written statement, designating the person to do so.
(c) 'Branch Distribution Site' - A designated site in which a distribution of commodities is held.
(d) 'Branch Site Coordinator' - The person designated to be responsible for the USDA donated commodities in a specific site.
(e) 'Commodity' - Foods donated or available for donation by USDA.
(f) 'Commodity Agreement' - A written document between the site director and NOWCAP denoting rights and responsibilities of NOWCAP and site directors for the distribution of donated USDA food.
(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) 'DFS' - The Wyoming Department of Family Services.
(i) 'Distribution Site' - The location where the emergency feeding organization actually distributes commodities to needy persons.
(j) '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.
(k) 'Emergency Feeding Organization' - Any public or nonprofit private organization which has entered into an agreement with NOWCAP to provide assistance to needy persons and which receive commodities under The Emergency Food Assistance Program.
(l) 'FCS' - The Food and Consumer Service of the United States Department of Agriculture
(m) '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.
(n) '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.
(o) 'Food Pantry' - A public or private non-profit organization that provides food to needy persons.
(p) 'Homeless' - An individual who lacks a permanent residence.
(q) 'Households' - A single individual or group of related or unrelated persons living together.
(r) '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 the service.
(s) '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 501(C)(3).
(t) 'NOWCAP' - Northwest Community Action Programs of Wyoming.
(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 NOWCAP.
(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 NOWCAP upon request.
(y) 'State Food Distribution Coordinator' - The state employee designated by DFS to administer the Emergency Food Assistance Program and the soup kitchen, food bank and food pantry commodity 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 NOWCAP.
(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 to Wyoming of food commodities 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 contract with NOWCAP, and NOWCAP will allocate as follows:
(ii) Allocations to soup kitchens, food banks and food pantries are subject to the availability of commodities from USDA.
(iii) Allocation of food commodities to soup kitchen, food banks and food pantries 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.
(c) Soup kitchen commodities shall be allocated to soup kitchens approved by NOWCAP. 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 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 by food pantries.
(a) There shall be one designated food bank or food pantry in each county that may receive soup kitchen and food bank commodities from NOWCAP. 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 for IRS 501(C)(3) or the certificate of 501(C)(3) IRS non profit status. There must also be a copy of a certificate on non profit incorporation from the Wyoming Secretary of State's office. These items shall be submitted to the NOWCAP 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 soup kitchen or a food pantry 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 NOWCAP 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/FCS procedures.
(iv) All USDA commodities must be stored in a manner that allows for inventory to be completed.
(A) NOWCAP 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 NOWCAP, 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 at NOWCAP.
(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, NOWCAP 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. NOWCAP may withhold termination of distribution site's TEFAP participation if NOWCAP cannot find another emergency feeding organization or distribution site to operate the distribution in the area served by the violating organization. In such circumstances, NOWCAP shall monitor the distribution of commodities by the violating organization to ensure that no further violations occur.
Section 6. Agreement With Distribution Site. All soup kitchens, food banks or food pantries receiving USDA commodities from NOWCAP shall have a current written agreement with NOWCAP 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 NOWCAP. 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 FCS 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 NOWCAP. All decisions are subject to approval by USDA/FCS.
(iii) NOWCAP 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 coordinator, soup kitchen director or food pantry director resigns, he/she shall surrender the records to NOWCAP 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 NOWCAP believes there is sufficient evidence of fraud or negligence, NOWCAP may suspend the agreement immediately. All records relating to USDA commodities will be surrendered immediately to NOWCAP 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 Assistance Food or a Food Pantry:
(i) Application is to be made on the form prescribed by NOWCAP.
(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.
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 NOWCAP.
(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 NOWCAP 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 county TEFAP coordinator, soup kitchen director or food pantry director 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 or soup kitchen and food pantry commodities are provided;
(iii) The amount of food commodities for which the household is eligible;
(iv) Rights and 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 NOWCAP; 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 NOWCAP procedures;
All sites receiving 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 households 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 food pantry and soup kitchen outlet for three years after the close of the Federal Fiscal Year to which they apply.
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.
(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 factors is received.
(b) Verification of the following factors shall be required of an applicant upon request:
(i) Household size. This may be verified through collateral contacts with the landlord, neighbors, school records or other means;
(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; and
(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.
(c) Homelessness may be verified by a written statement from the applicant/recipient.
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 NOWCAP 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.