[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75683-75684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26329]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 250

[FNS-2014-0040]
RIN 0584-AE29


Requirements for the Distribution and Control of Donated Foods 
and the Emergency Food Assistance Program: Implementation of the 
Agricultural Act of 2014

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final rule published 
in the Federal Register on April 19, 2016, ``Requirements for the 
Distribution and Control of Donated Foods--The Emergency Food 
Assistance Program: Implementation of the Agricultural Act of 2014.''

DATES: This document is effective November 1, 2016.

FOR FURTHER INFORMATION CONTACT: Carolyn Smalkowski, Program Analyst, 
Policy Branch, Food Distribution Division, Food and Nutrition Service, 
3101 Park Center Drive, Room 500, Alexandria, Virginia 22302, or by 
telephone (703) 305-2680.

SUPPLEMENTARY INFORMATION: The Food and Nutrition Service published a 
final rule in the Federal Register, 81 FR 23086, on April 19, 2016, to 
amend Food Distribution regulations at 7 CFR part 250 to revise and 
clarify requirements to ensure that USDA donated foods are distributed, 
stored and managed in the safest, most efficient and cost-effective 
manner, at State and recipient agency levels. This final rule 
correction makes a technical correction in 7 CFR 250.30(c)(2) by 
correcting the prior amendatory instructions to allow the paragraph at 
(c)(2) to publish in the CFR in lieu of a ``reserved'' paragraph. All 
other information in the final rule remains unchanged.

List of Subjects in 7 CFR Part 250

    Disaster assistance, Food assistance programs, Grant programs--
social programs, Reporting and recordkeeping requirements.

    Accordingly, 7 CFR part 250 is corrected by making the following 
correcting amendments:

PART 250--DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS 
TERRITIORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION

0
1. The authority citation for part 250 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 612c, 612c note, 1431, 1431b, 
1431e, 1431 note, 1446a-1, 1859, 2014, 2025; 15 U.S.C. 713c; 22 
U.S.C. 1922; 42 U.S.C. 1751, 1755, 1758, 1760, 1761, 1762a, 1766, 
3030a, 5179, 5180.

0
2. In Sec.  250.30, add paragraph (c)(2) to read as follows:


Sec.  250.30  State processing of donated foods.

* * * * *
    (c) * * *
    (2) These criteria will be reviewed by the appropriate FNS Regional 
Office during the management evaluation review of the distributing 
agency. Distributing agencies and subdistributing agencies which enter 
into contracts on behalf of recipient agencies but which do not limit 
the types of end products which can be sold or the number of processors 
which can sell end products within the State are not required to follow 
the selection

[[Page 75684]]

criteria. In addition to utilizing these selection criteria, when a 
contracting agency enters into a contract both for the processing of 
donated food and the purchase of the end products produced from the 
donated food, the procurement standards set forth in 2 CFR part 200, 
subpart D and Appendix II, Contract Provisions for Non-Federal Entity 
Contracts Under Federal Awards and USDA implementing regulations at 2 
CFR part 400 and part 416 must be followed. Recipient agencies which 
purchase end products produced under Statewide agreements are also 
required to comply with 2 CFR part 200, subpart D and USDA implementing 
regulations at 2 CFR part 400 and part 416. Contracting agencies shall 
not enter into contracts with processors which cannot demonstrate the 
ability to meet the terms and conditions of the regulations and the 
distributing agency agreements; furnish prior to the delivery of any 
donated foods for processing, a performance bond, an irrevocable letter 
of credit or an escrow account in an amount sufficient to protect the 
contract value of donated food on hand and on order; demonstrate the 
ability to distribute end products to eligible recipient agencies; 
provide a satisfactory record of integrity, business ethics and 
performance and provide adequate storage.
* * * * *

    Dated: October 24, 2016.
Telora T. Dean,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2016-26329 Filed 10-31-16; 8:45 am]
 BILLING CODE 3410-30-P