CSFP & TEFAP Regulatory Update. USDA Food & Nutrition Service Food Distribution Division July 26, 2016

Transcription

1 CSFP & TEFAP Regulatory Update USDA Food & Nutrition Service Food Distribution Division July 26, 2016

2 Slide 2 Presenters Carolyn Smalkowski & Jeramia Garcia Program Analysts, Policy Branch Food Distribution Division USDA Food and Nutrition Service

3 Slide 3 7 CFR Part 250 Final Rule Overview Resources Key Provisions: CSFP & TEFAP 7 CFR Part 16 Final Rule Overview Policy Guidance FAQ Resources Q&A Webinar Outline

4 Slide 4 7 CFR 250 Final Rule

5 Slide 5 7 CFR 250 Final Rule Overview Final Rule: Requirements for the Distribution and Control of Donated Foods and the Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014 Revised and clarified requirements in 7 CFR part 250 and 251 Published April 19, 2016 with an effective date of June 20, 2016 (Updated 7 CFR 250:

6 Slide 6 Resources Preambles to the Proposed & Final 250 Rules 250 Rule Side-by-Side 250 Rule Briefing Sheet Updated Part 250 Regulation

7 Key TEFAP Provisions: TEFAP Food This final rule: Funds Amended regulations for The Emergency Food Assistance Program (TEFAP) to make TEFAP food funds available for two fiscal years; Was based on statutory amendments under the 2014 Farm Bill; Implemented what was provided via policy memorandum. (Part 251.4(c)) Slide 7

8 Slide Key CSFP Provisions: Inventory Levels 8 This final rule: Lowered the maximum State-level inventory limit for CSFP Inventories in CSFP cannot exceed a 3-month supply by food package category Inventory limits for TEFAP do not change (inventories cannot exceed 6 months) (Part (c))

9 Key CSFP & TEFAP Provisions: Insurance Slide 9 This final rule: Required insurance to protect the value of USDA donated foods; Required the SDA, subdistributing agencies, select recipient agencies, and commercial storage facilities under contract with such agencies to have insurance. (Part (d))

10 Key CSFP & TEFAP Provisions: State This final rule: Ordering Ensured the USDA Foods ordered by SDAs are the products recipient agencies need; Required annual recipient agency input and that SDAs must use this input; Required SDAs to use a request-driven ordering system. (Parts (a)) Slide 10

11 Key CSFP & TEFAP Provisions: Contracts with Commercial Storage Facilities or Carriers This final rule: Revised the notification timeframe for contract termination between SDAs and commercial storage facilities/carriers; Required notification of such termination at least 60 days in advance, rather than the previously required 30 days. (Part (f)) Slide 11

12 Key CSFP & TEFAP Provisions: Complaints Slide 12 This final rule: Improved protocols for gathering product acceptability and quality information; Required SDAs to communicate complaint protocol with recipient agencies; Removed the requirement that SDAs annually report to FNS on USDA Foods acceptability. (Part (d))

13 Key CSFP & TEFAP Provisions: Food This final rule: Safety Included food safety and food recall requirements; Included a new section on USDA Foods safety and disposition; Required that SDA agreements and contracts with recipient agencies, subdistributing agencies, and storage facilities include applicable food safety and food recall provisions. (Parts 250.4(c), , , , & ) Slide 13

14 7 CFR Part 16 Final Rule Slide 14

15 7 CFR Part 16 Final Rule Overview Slide 15 Federal Agency Final Regulations Implementing Executive Order 13559: Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations Publication Date: April 4, 2016 Effective Date: May 4, 2016 Compliance Date: July 5, 2016 The final rule directed agencies to provide policy guidance and reference materials on program-specific topics.

16 Slide 16 Policy Memorandum FD-138 FD-138: Written Notice and Referral Requirements for Beneficiaries Receiving TEFAP and CSFP Benefits from Religious Organizations Issued on June 10, 2016 Clarifies the rule s written notice and referral requirements for religious organizations that receive USDA Foods or administrative funding as part of TEFAP or CSFP Available on the Food Distribution Division website:

17 Beneficiary Protections: Written Notice Slide 17 Per 7 CFR Part 16.4(f) Faith-based or religious organizations that receive USDA Foods or administrative funds for TEFAP or CSFP must give written notice in the manner prescribed by FNS Policy Memorandum FD-138 to all beneficiaries and prospective beneficiaries of the right to be referred to an alternate provider when available

18 Beneficiary Protections: Written Slide 18 Notice TEFAP Exception to the Individual Written Notice of Beneficiary Protections When the service provided to the beneficiary involves only a brief interaction and the beneficiary is receiving what may be a one-time service, the provider may post the written notice of beneficiary protections in a prominent place in lieu of providing individual written notice to each beneficiary. This exception is applicable only to TEFAP.

19 Beneficiary Protections: Written Notice CSFP Slide 19 For religious organizations operating CSFP, individual written notice of beneficiary protections provided under 7 CFR Part 16, including the right to be referred to another organization, must be given to all applicants at the time that they apply for CSFP benefits.

20 Slide 20 Beneficiary Protections: Referrals Per 7 CFR Part 16.4(g), if a beneficiary or prospective beneficiary of TEFAP or CSFP objects to the religious character of an organization that provides services under the program, that organization must promptly undertake reasonable efforts to identify and refer the beneficiary to an alternate provider, if available, to which the prospective beneficiary has no objection. The referral must be to an alternate provider, if available, that: Is in reasonable geographic proximity Offers services that are similar in substance and quality Has the capacity to accept additional clients

21 Slide 21 Beneficiary Protections: Referrals State agencies may assist recipient or local agencies or organizations by providing such entities with information regarding alternate providers. Examples: websites, hotlines, or other service providers funded by the State agency. If the organization determines that it is unable to identify an alternate provider, the organization must promptly notify the State agency, or local or eligible recipient agency with which it has an agreement.

22 Record Keeping and Monitoring State and local agencies must continue to follow record keeping requirements in accordance with current program regulations for both TEFAP and CSFP and 7 CFR FNS will monitor compliance with these new provisions during the course of regular program review and oversight. State agencies should continue to follow existing regulatory requirements and program mechanisms in regards to monitoring and enforcement of these requirements. Slide 22

23 Slide 23 Explicitly Religious Activities 7 CFR Part 16.4(b) Organizations that receive USDA direct assistance under any USDA program may not engage in explicitly religious activities, including activities that involve overt religious content such as worship, religious instruction, or proselytization, as part of the programs or services supported with USDA direct assistance.

24 Explicitly Religious Activities (cont.) Slide 24 Organizations must not require program participants or prospective participants to participate in explicitly religious activities in order to receive TEFAP or CSFP. If there is an explicitly religious activity that takes place at the distribution site, it must be separate in time or location. Organizations must make it clear that explicitly religious activities are not endorsed by the USDA. Organizations cannot use TEFAP or CSFP funds to support any explicitly religious activities, speech, or materials.

25 Slide 25 Explicitly Religious Activities: Examples It is acceptable to It is unacceptable to Have a cross hanging on a wall at the food distribution facility. Have a menorah on a table at the food distribution facility during the holiday season. Have a display stand at the front/back of the facility that contains faith-based pamphlets for anyone interested. Have a pastor or other religious official assist with the distribution of USDA Foods. Require participants to stand by the cross and recite a prayer prior to receiving USDA Foods. Refuse USDA Foods to participants who do not practice the Jewish faith. Insert faith-based pamphlets in bags or boxes when distributing USDA Foods. Force or encourage participants to have a religious conversation with the pastor or official prior to receiving USDA Foods.

26 Slide 26 Resources Proposed Rule: Equal Opportunity for Religious Organizations in USDA Programs: Implementation of E.O Final Rule: Federal Agency Final Regulations Implementing Executive Order 13559: Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations Further Guidance: Policy Memorandum FD -138: Clarification on Written Notice and Referral Requirements for Religious Organizations Clarification for Faith-Based Organizations Operating The Emergency Food Assistance Program (TEFAP) and The Commodity Supplemental Food Program (CSFP)

27 Frequently Asked Questions (FAQ) Will FNS be issuing the sample documents in other languages? Slide 27 Can the State or local agency logo/header be added to the sample documents from Policy Memorandum FD-138? Is the Non-Discrimination Statement required on the Beneficiary Notice?

28 Frequently Asked Questions (FAQ) Slide 28 Can a referral be made to another faith-based organization? Can a referral be made to a non-usda funded organization? If a religious organization does its TEFAP or CSFP distribution at a non-religious location, do they have to provide written notice to beneficiaries? If a non-religious organization does its TEFAP or CSFP distribution at a Church, do they have to provide written notice to beneficiaries?

29 Questions? Slide 29