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SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES

THE EMERGENCY FOOD ASSISTANCE PROGRAM

OPERATIONS MANUAL


OPERATIONS MANUAL

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TABLE OF CONTENTS

Page

I. Overview…………………………………………………………………….. 3

II. Definitions…………………………………………………………………… 4

III. Administration……………………………………………………………….. 5

IV. Commodity Availability……………………………………………………... 7

V. Commodity Losses…………………………………………………………... 7

VI. Out of Condition Commodities……………………………………………… 9

VII. ERA Regulations…………………………………………………………….. 14

VIII. Eligibility Determination……………………………………………………. 15

IX. Commodity Ordering………………………………………………………... 17

X. EFO/ERA Responsibilities…………………………………………………... 19

XI. Civil Rights………………………………………………………………….. 19

APPENDIX


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I. OVERVIEW

A. Background

The Emergency Food Assistance Program (TEFAP) is a Federal program that helps

supplement the diets of low-income Americans, including elderly people, by providing them

with emergency food and nutrition assistance at no cost. TEFAP was founded in 1981 as a

result of large surpluses of dairy products accumulated by the United States Department of

Agriculture (USDA).

Under TEFAP, USDA makes commodity foods available to each state via a State

Distributing Agency (SDA). States provide the food to Eligible Feeding Organizations

(EFOs) usually food banks, which in turn, distribute the food to Eligible Recipient Agencies

(ERAs) which are usually soup kitchens and food pantries that directly serve the public.

These organizations distribute the commodities for household consumption or use them to

prepare and serve meals in a congregate setting. Recipients of food for home use must meet

income eligibility criteria set by the States. States also provide the food to other types of

local organizations, such as community action agencies, which distribute the food directly to

needy households.

TEFAP is administered at the Federal level by the Department of Agriculture’s Food and

Nutrition Service.

B. Welfare Reform

On August 22, 1996, President Bill Clinton signed into law the Personal Responsibility and

Work Opportunity Reconciliation Act of 1996. The act amended legislation authorizing

food distribution programs operated by the Food and Nutrition Service (FNS). The Act

consolidated Soup Kitchens (SK), Food Banks (FB) and TEFAP under the Emergency Food

Assistance Program (EFAP). Previous legislation that authorized SK/FB separately from

TEFAP was repealed. All programs are now identified as part of TEFAP.


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II. DEFINITIONS

Bonus Commodities: Commodities that are provided by USDA and are not considered a part of

the SDA’s federal entitlement.

Charitable Institution: A public or nonprofit organization which is not a penal institution (this

exclusion also applies to correctional institutions which conduct rehabilitation programs) that

provides food assistance to the needy.

.

Distribution Site: A location where the eligible recipient agency actually distributes commodities

to needy persons for household consumption or serves prepared meals to needy persons. (Food

Bank, Pantry, Soup Kitchen, Shelter, etc.)

Entitlement Commodities: Commodities that are offered by USDA and count against the state’s

fair share allocation.

Eligible Recipient Agency: A public or private nonprofit organization which is not a penal

institution that:

A. Provides food assistance:

1. To needy persons for household consumption pursuant to a means test or

predominately to needy persons in the form of prepared meals; and

2. Has entered into an agreement with the SDA for the receipt of commodities

or administrative funds, or receives commodities or administrative funds

under an agreement with an EFO that has signed such an agreement with

the SDA; and

3. Is classified as one of the following:

A. Emergency Feeding Organizations (including food banks, food pantries

and soup kitchens);

B. Charitable Institutions;

C. Summer Camps for children, or nutrition programs providing food

services;

D. Nutrition projects operating under the Older Americans Act of 1965

(Nutrition Programs for the Elderly), including projects that operate

congregate nutrition sites and projects that provide home delivered

meals; and

E. Disaster relief programs.


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Emergency Feeding Organization: An eligible recipient agency that provides nutrition

assistance to relieve situations of emergency and distress through the provision of food to

needy persons, including low-income and unemployed persons. Emergency feeding

organizations have priority over other eligible recipient agencies in the distribution of

TEFAP commodities.

Food Bank: A public or charitable institution that maintains an established operation

involving the provision of food or edible commodities, or products of food or edible

commodities, to food pantries, soup kitchens, hunger relief centers, or other food or

feeding centers that, as integral part of their normal activities, provide meals or food to

feed needy persons on a regular basis.

Food Pantry: A public or private nonprofit institution that distributes food to low-income and

unemployed households, including food from sources other than SCDSS, to relieve situations of

emergency and distress.

State Distributing Agency (SDA): The state government unit designated by appropriate state

executive authority, which has entered into agreement with USDA. In the state of

South Carolina, the SCDSS is the designated agency.

Soup Kitchen: A public or charitable institution that, as an integral part of the normal

activities of the institution, maintains an established feeding operation to provide food to

needy homeless persons on a regular basis.

Value of Commodities Distributed: USDA’s cost of acquiring commodities for

distribution.

WBSCM: Web-Based Supply Chain Management System that enables the SDA to place orders

for TEFAP commodities offered by the Food & Nutrition Service through USDA.

III. ADMINISTRATION

A. State Distributing Agency (SDA)

The South Carolina Department of Social Services (SCDSS) has been designated by the

Governor or other appropriate State executive authority as the SDA to administer TEFAP.

As the SDA, SCDSS provides USDA commodity foods to ERAs and receives payment for

storage and distribution costs from USDA. The SDA must perform these responsibilities in

accordance with the agreement signed between USDA and the SDA.

B. Agreements

1. Prior to making donated food or administrative funds available, SCDSS must enter into

written agreements with ERSs to which SCDSS plans to distribute USDA donated

commodities and/or administrative funds.

2. All ERAs that plan to provide donated commodities or administrative funds to other

ERAs must also enter into written agreements approved by the SDA.

All agreements are considered permanent with amendments and the option for either party

to terminate upon 30 days written notice.


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C. Contents of Agreements

Agreements between SCDSS and ERAs or between ERAs and other ERAs must provide:

1. The name and address of the agency receiving donated commodities and/or

administrative funds under the agreement.

2. A requirement that the ERA operate the program in accordance with the federal

regulations 7CFR Part 251 and Part 250.

3. The following must also be identified, either in the agreement or other written

documents incorporated by reference in the agreement:

A. All responsibilities delegated to the ERA for any part of the program must be

clearly defined in the agreement. The responsibility for establishing eligibility

criteria in accordance with 251.5(a) cannot be delegated by the SDA to an ERA.

B. If the receiving ERA is to be allowed to further distribute TEFAP commodities

and/or administrative funds to other recipient agencies, the specific terms for

doing so, including, if applicable, a list of site/sub-outlets that will be receiving

food commodities or administrative funds, EFOs such as food banks, must

distribute commodities in accordance with the following priorities:

(1) First Priority. First priority will be given to ERAs that provide nutrition

assistance to relieve situations of emergency and distress: (1) Food Pantries;

(2) Soup Kitchens; and (3) Shelters.

(2) Second Priority. After the needs of the first priority organizations have

been met, any remaining commodities may be distributed to other eligible

recipient agencies that serve needy people but do not relieve situations of

emergency and distress; (charitable institutions, transitional living centers,

substance abuse rehabilitation centers, childcare facilities, etc.)

(3) Rural Outreach. EFOs are encouraged to identify ERAs in rural areas

in order that commodity distribution activities can be provided to needy

households in those areas throughout the state.

C. If the SDA restricts the use of TEFAP administrative funds by ERAs by

disallowing one or more types of expenses expressly allowed in 251.8, Payment of

Funds for Administrative Costs, the specific types of expenses the EFO will be

allowed to incur must be identified in the agreement or delineated in other written

notification that is incorporated into the agreement by reference.

D. Any other conditions imposed by the SDA.


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IV. COMMODITY AVAILABILITY

A. Donated commodities will be made available to the state for distribution and used in

accordance with USDA regulations. Donated commodities not distributed or used for any

reason may not be sold, exchanged, or otherwise disposed of without approval of USDA.

B. Chapter 7, Section 251.4(h) establishes a two-tier system for distribution of commodities to

eligible recipient agencies. All distributors and sub-distributors of USDA donated

commodities must distribute them according to the following priorities:

First Priority First priority will be given to ERAs who relieve situations of

emergency and distress: (1) Food Pantries; (2) Soup Kitchens; and (3) Shelters.

Second Priority After the needs of the first priority agencies (ERAs) have been

met, any remaining commodities may be distributed to other eligible recipient

agencies that do not relieve situations of emergency and distress but do serve needy

persons.

C. Food Banks with existing networks whose primary function is to facilitate the distribution of

food to low-income households will be given priority in the distribution of TEFAP

commodities. These organizations also will distribute food from sources other than USDA

donated food.

D. Eligible Recipient Agencies receiving TEFAP commodities shall not diminish their normal

expenditures for food because of receipt of commodities (also referred to as displacement).

V. COMMODITY LOSSES

The State agency is responsible to USDA for the loss of commodities when:

A. The loss arises from improper distribution, storage, care, or handling by the SDA.

B. The State Agency fails to pursue claims arising in its favor, fails to provide for the

rights to assert such claims, or fails to require its ERAs to provide for such rights.

A. Losses Due to Spoilage or Damage of USDA Commodities

1. If an ERA improperly distributes, or uses any donated commodities or causes the loss

of or damage to commodities through its failure to provide proper storage, care, and

handling or due to an excessive inventory, SCDSS will pursue a claim for the value of

the lost commodities. This policy also covers claims arising from improper use of

funds derived from the sale of donated food containers, distribution of salvaged

commodities or insurance.

2. The general policy is to collect claims in full through administrative action to permit

the taking of legal action, if necessary, before the expiration of any statutory or

contract period of limitations. All instances of lost commodities must be reported to

SCDSS within 3 to 10 business days after the occurrence of the loss. This reporting

requirement does not necessarily require the submission of a written donated


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commodity loss report. A telephone call informing SCDSS of a commodity loss

within 3 to 10 calendar days followed by a written report in 30 business days

satisfies the reporting period. This provides the ERA time to go through the necessary

procedures for completion of a commodity loss report. Donated food that has

spoiled, become infested, or otherwise is unsuitable for consumption must be

reported to SCDSS immediately upon discovery.

3. SCDSS will require that ERAs take corrective action and implement changes so that

the conditions that caused the loss are corrected or eliminated thereby resulting in a

reduction in the volume of losses. In the absence of any mitigating circumstances,

USDA considers all losses attributed to inadequate temperature control to be caused

by negligence and subject to a claim. When such a loss occurs, the burden of proof is

on the ERA to validate that the failure to maintain proper temperature control was not

due to its negligence. SCDSS is ultimately responsible for all USDA food losses,

regardless of where the physical possession of the commodity is at the time of the loss

(i.e., at the recipient agency, commercial warehouse, agency warehouse or carrier).

Therefore, SCDSS will monitor agencies, including state-contracted warehouses, and

carriers to ensure that USDA commodities are being properly stored, transported and

distributed.

B. Claim Determination

1. SCDSS shall begin claim action immediately upon receipt of a commodity loss report

and assess a claim determination within 30 days of receipt of the report of lost foods.

No claim determination is required where the value of the lost food is $100 or less

except in cases where there is evidence of theft or fraud. Documentation of losses

under $100 must be recorded on the DSS Form 16108.

2. If it is determined that a claim determination is warranted and the value of the lost

foods does not exceed $2,500, SCDSS will proceed to collect the claim. If the value of

the lost food equals or exceeds $2,500, the fully documented facts and findings will be

sent to the USDA Southeastern Regional Office (SERO), USDA. If SERO confirms

that a claim should be assessed, SCDSS will proceed with restitution from the liable

organization.

C. In-Kind Replacement and Similar Replacement of Commodity Losses.

1. In-kind replacement is defined as replacement of lost donated food with a

quantity of the same foods of U.S. origin that are equal or better quality than the lost

foods and that are of equal monetary value to USDA’s cost for replacing the lost

foods. If replacement in-kind is not practicable, the foods should be replaced with

similar foods upon obtaining the approval from USDA. Similar replacement is defined

as a replacement of lost donated foods with a quantity of similar foods of U.S. origin

of the same types as those normally donated by USDA and is of at least equal

monetary value to USDA’s cost of replacing the lost foods. For example, in-kind

replacement would be the replacement of butter with butter. Likewise, similar

replacement would be the replacement of vegetables with vegetables. The replacement

products must always be: (1) equal or greater in monetary value; (2) of the same food

group; (3) desirable by recipients; and (4) of the same types as those normally


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supplied by USDA.

D. Repayment for Lost Commodities

If the loss is due to recurring negligence, cash repayment will be mandatory. SCDSS may

approve the offset of claims with funds collected from the salvage of spoiled food to reduce

claims. For example, if an ERA reports a loss of frozen corn due to freezer failure. SCDSS

will assess claim since the ERA did not maintain proper temperature control.

1. Funds collected from the recycling of container, packaging materials and

pallets may not be used to offset lost commodity claims. These funds are

considered to be “program income” and may only be used as allowable costs for

program improvement operations. This revenue is derived from items that were

initially purchased with federal funds and must be maintained in the salvage account.

All ERAs must return funds received from the sale of these recycled articles to

SCDSS for deposit in the salvage fund.

2. When a claim is assessed against an ERA and there is no evidence of fraud or

negligence, SCDSS or SERO, as applicable, will consider the special needs and

circumstances of the ERA and adjust the claim and/or condition for claim collection

as appropriate. These special needs and circumstances include, but are not limited to

the ERA’s use of volunteers and limited financial resources and the effect the claim

would have on the ERA’s ability to meet the food needs of low-income persons.

VI. OUT OF CONDITION COMMODITIES

If an ERA suspects that any USDA donated commodities are out of condition and not fit for

human consumption due to contamination, deterioration, spoilage, infestation or latent defects are

to be reported promptly to SCDSS.

A. Food Safety Resources

1. Food Safety and Inspection Service (FSIS)

The Food Safety and Inspection Service (FSIS) ensures that commercial supplies of

meat, poultry and egg products are safe, wholesome, correctly labeled and packaged

as required by the Federal Meat Inspection Act, the Poultry Products Inspection Act

and the Egg Products Inspection Act.

2. USDA Meat and Poultry Hotline

The USDA Meat and Poultry Hotline provides trained specialists to answer food

safety questions. For assistance call toll free 1-800-535-4555.

B. Indicators of Out of Condition Food

1. Canned Foods: leaking, bulging top, bottom or side seams, rusty or pitted interior,

discolored interior, mushy content, and foul smelling contents.

2. Bagged or boxed foods: the package is torn exposing the food; insect


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infestation internally or externally; adulteration of the package inside or outside from

rodents; caking or hardening of contents.

3. Foreign substance in product.

4. Short pack: the primary container is not full, has too much liquid and not enough solid

product; the secondary container does not have the proper quantity of primary

containers.

5. Spoilage.

C. Reporting Unacceptable Products

Any product suspected to be out of condition or spoiled should be reported to the State

Agency upon discovery. The following information is needed to process a report to USDA:

1. Vendor Contract Number

This is a number assigned for specific commodity purchased shipments. The contract

number consists of ten digits and can be found on the USDA/Vendor’s Bill of Lading

document.

Sample contract number: 5000123456

A. Group A Commodities: These commodities include canned and fresh fruits and

vegetables, meat, poultry and seafood.

B. Group B Commodities: These commodities include grain, dairy, nut, and oil.

2. Can Codes: These are the vendor’s own identity codes for the date and time. The can

codes easily identify which lot had the questionable commodity and the time the lot

was produced.

3. Lot Number or Code: This identifies a commodity produced in an

eight-hour shift. The number consists of exact time and date of production.

4. Carton/Package Code: This is used on fruits and vegetables and is an embossed or

ink jet code usually found on a seam of the case or package. This code denotes the

shift, vendor’s plant and the day and time the commodity was produced.

5. Vendor Code: A four-digit code placed on the primary and secondary

containers to identify the vendor that provided the commodity.

6. The pack date shows when the commodity was processed and packaged. The pack

date is printed on some inner containers and on all outer containers. Some USDA

commodities are not packed with a secondary container. Such commodities as frozen

cherries and strawberries are packed in plastic pails. Since the primary container is

also the secondary container, vendors are required to include some form of pack date

on this container. In some cases, the vendors will use a Julian date since this is

the standard industry format.


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A. Julian Date: Julian dates are shown as the day of the year and the year

packed based on the Julian calendar that has 365 days a year with a leap year

every four years. For example, commodities that were packed on March 21,

2001 will be 80-1, the 80th day of the year 2001.

B. Container Marking: When dealing with questions about pack dates, it is

important to remember that USDA purchases commodities from the same

vendors who pack for commercial markets and “pack dates” are the same as

those on all containers. No additional or separate information is required on

commodities.

C. Generic List of Date Codes: FDA’s nutrition labeling regulations require

the following items to be shown only on certain canned foods: (1) the

establishment where packed, (2) the product contained therein, (3) the year

packed, (4) the day packed, and (5) the period in which packed. USDA

provides guidelines as to the “period in which packed” to the vendors can

make ready identification of packing lots. However, many of the codes on

cans, bags and boxes are voluntary and differ widely among industries and

among packers within an industry. Vendors choose their package codes

primarily for purposes of internal control and inventory. Therefore, there is

not a generic list of date codes.

D. Old Pack Dates: It is important to understand that a pack date several

months old does not mean the commodity is old. For example, peas are

generally harvested and processed during June and July and will show one of

those months plus the year of pack. Therefore, if a shipment arrives in March,

the pack date will be from the previous year. Recipients may think they are

getting an old commodity because of the 9-month old pack date. However, the

commodity is wholesome and of good quality. In fact, it is the same domestic

product found on the grocer’s shelf at that time. This is true for most domestic

fruit and vegetable products because they are harvested during the spring and

summer months.

D. Reporting Procedures

If the unfit commodity is such that it constitutes an immediate hazard to the health and

welfare of potential consumers of the commodity, the situation must be reported

immediately to SCDSS upon discovery. (Phone 803-898-0973 or Fax 803-898-7296). If an

emergency complaint occurs after 5:00 p.m., the caller must report the situation not later

than 9:00 a.m. the following morning. If it is determined that a food safety inspection is

required, SCDSS will arrange for the inspection. This initial report must be followed up in

writing within 10 days.

If the report is not of an emergency nature, then the DSS Form 16108 Commodity Loss

Report must be completed and mailed or faxed to the SCDSS within 10 days of the date of

discovery.

1. Only commodities unfit for human consumption are to be reported. Commodities

damaged in shipment, hidden damage found at the warehouse, trucks arriving at a


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warehouse with improper temperatures and other such problems are to be reported in

accordance with Policy and Procedures 250.14, Receiving and Storing USDA

commodities.

2. Commodities that have spoiled due to underutilization by the recipient agencies are

not be reported as unfit. The losses are to be reported in accordance with the

provisions of Policy and Procedures 251.4(l) Commodity Losses.

E. Disposal of Condemned Products

1. Recall by USDA and Pickup by the Vendor: If USDA advises that the vendor will

pick up the remaining quantities, SCDSS or its state contracted warehouse will

coordinate the pickup. In most cases, the condemned commodity is picked up from

recipient agencies by a State-contracted warehouse where it is stored until the vendor

picks it up. Usually, if an agency has 50 cases or less in inventory, USDA directs that

the commodity is disposed of on site. If the commodity is destroyed on site, it must

first be rendered inedible. If not in conflict with local health regulations, the usual

method for rendering the commodity inedible is to pour bleach on it. The bleach must

be poured directly onto the commodity itself and not on its can or box. All USDA

markings must be obliterated or covered up with an indelible pen. Trucking the

condemned commodity to a government owned or government-contracted landfill is

an alternative to disposing of the commodity on site. If the commodity is taken

directly from where it is stored to a landfill, it does not have to be rendered inedible

or have the USDA markings obliterated since it will be completely destroyed and

buried at the landfill.

2. Destruction of All Remaining Quantities: USDA may direct that all remaining

quantities of a condemned commodity be disposed of on site. If this is the case,

SCDSS will arrange to have a state-contracted warehouse or carrier pick up the

remaining commodity from those agencies that have more than 50 cases in storage.

Those agencies that have 50 or fewer cases in storage must destroy the commodity in

accordance with the provisions of Paragraph G1 above. Normally, USDA reimburses

all expenses associated with the destruction of the commodity. Accordingly, detailed

records must be kept on all expenses incurred in the destruction of the commodity.

F. Food Alerts

1. 24-Hour Notification: When a food alert is received from USDA, SCDSS will notify

all ERAs within 24 hours of the notification. Notification to agencies will be done via

email, telephone or fax. If notification is made via telephone, SCDSS will follow with

written confirmation.

2. Commodities Placed on Hold: USDA may place a commodity on “hold” due to

inspection problems, packaging problems or contamination. The product may or may

not be found fit for human consumption. When a commodity is placed on hold, the

agency must hold that commodity until notified by SCDSS that it has been

released by USDA as fit for human consumption or it is unfit for human consumption

and can be destroyed or will be picked up by the vendor or the warehouse. A claim

can be assessed against an agency for destroying or using a commodity placed on hold

without prior approval from the SCDSS.


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3. Payment of Costs Associated With Removal of Commodities That Pose a Health

or Safety Risk: USDA may reimburse the state and recipient agencies for costs

associated with the removal of commodities that have been determined by USDA to

pose a health or safety risk. These costs include costs for storage, transportation,

processing and destruction. USDA may purchase additional commodities to replace

those commodities that have been destroyed.

4. Needed Information. When a commodity has been placed on “hold”, ERAs, and

warehouses that have the subject commodity in inventory must report this fact to the

SCDSS. The following information is needed:

(a) Commodity Identification: This includes the WBSCM Code and the

commodity name.

(b) Sales Order Number (S/O): This is the number assigned by USDA when the

commodity was requisitioned from USDA. It is a unique number and is the sole

means for tracking a requisitioned commodity.

(c) Federal Establishment Number (FEN): This is a unique number assigned by

USDA to identify the vendor that produced the commodity. It is normally on the

end of the case.

(d) Vendor Name: The name of the vendor that produced the commodity is

normally on the side of the case.

(e) Vendor’s Contract Number: This is a number assigned by USDA for a

specific commodity purchase.

(f) USDA Quantity: This is the quantity of the USDA commodity in inventory as

expressed in cases.

(g) Locations: These are the places where the products are physically stored.

VII. ERA REGULATIONS ( FOOD BANKS, PANTRIES, ON-SITE FEEDING LOCATIONS

AND SHELTERS)

A. Pantries

1. Pantries must be public or private nonprofit organizations with 501c(3) status, or an

affiliate of a religious organization.

2. Pantries must sign an agreement with only one Food Bank which states the

responsibilities of each party.

3. Pantries must maintain regular and consistent hours of operation. Distribution hours

may vary from weekdays, weekends and evenings to meet the needs of diverse

customers.

4. Food banks are required to encourage regular hours of operation among their

participating agencies to assure optimal accessibility to customers.


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5. Pantries must be public, safe and appropriate for storing and distributing food, abiding

by federal, state and local food safety regulations.

6. Pantries must screen all participants for eligibility using current TEFAP eligibility

criteria. All pantries must maintain a fair, non-discriminatory method of distributing

TEFAP food to eligible recipients.

7 Federal regulations require pantries to maintain written records that document client

eligibility determinations as well as the receipt, storage, distribution and inventory of

TEFAP commodities.

8. Records must be maintained for three years from the close of the federal fiscal year

(September 30th of each year), or until final audit resolution.

9. SCDSS requires that pantries report the number of households and meals served on a

monthly basis to the Food Bank they have signed an agreement with.

9. SCDSS requires that pantries report the number of households and meals served on a

monthly basis to the Food Bank they have signed an agreement with.

B. Soup Kitchens/Onsite Feeding Sites

1. Serve nutritious meals without charge in a congregate setting. Also known as

congregate or onsite feeding agencies.

2. Persons who voluntarily seek a meal at a soup kitchen are considered eligible for

participation and are not required to complete an application to determine eligibility.

3. The ERA must assure that predominately needy persons are receiving meals at these

sites, by reviewing the racial, ethnic, socioeconomic background data submitted by the

agency every three years, for the geographic area served.

4. Sites must maintain regularly scheduled hours for meal service.

5. Meals must be served in a clean, secure environment following proper food handling

procedures.

6. SCDSS requires that soup kitchens/on-site feeding organizations report the number of

meals served on a monthly basis to the assigned Food Bank.

C. Shelters

1. A homeless shelter is a facility that provides temporary residence and at least one

meal a day to homeless people.

2. A domestic violence shelter is a facility that provides temporary residence for battered

women and children.

3. Persons who choose to seek residence in a shelter are considered eligible for


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participation and are not required to complete an application to determine eligibility.

4. Shelters must maintain regularly scheduled hours for meal service.

5. Meals must be served in a clean, secure environment following proper food handling

procedures.

6. SCDSS requires that shelters report the number of meals served on a monthly basis to

the assigned Food Bank.

VIII ELIGIBILITY DETERMINATIONS

Organizations distributing commodities to households for home consumption must limit the

distribution of commodities to those households that meet the eligibility requirements as

established below.

A. Household Eligibility

TEFAP eligibility is determined by self-declaration by household member seeking benefits

on behalf of the household. Only the identity of the applicant must be verified.

1. A household may become eligible for commodities if they participate in one of the

following automatic qualifier programs:

(a) Temporary Assistance to Needy Families (TANF)

(b) Supplemental Nutritional Assistance Program (SNAP)

(c) Supplemental Security Income (SSI)

2. If not participating in one of the qualifier programs, the household must have a total

household income that does not exceed 150% percent of the current poverty level for

the number of persons in the household. The following information must be included

on the application under “household income”:

(a) Single parents must include child support and social security received by children

(b) Gross income

(c) Stocks, military retirement, alimony, or any other money paid to the household

3. An eligibility determination must be completed each time food is distributed to

households to attest to their continued eligibility. The eligibility determination is

completed by utilizing the DSS Form 16112. The ERA must maintain a log for each

day of operation and obtain the signature of the head of household that documents the

receipt of food. This log must be available for inspection by SCDSS staff upon

request. Clients are informed that rules of the agency must be followed or their

privileges to receive food from the ERA will be revoked or terminated.

4. Clients who cannot read or write must receive full verbal documentation of the

application form, means test, poverty guidelines and self-determination statement.

Volunteers are required to write in the required information and witness the

customer’s signature with an “X”.


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5. ERAs are not required to obtain social security numbers or immigration status for

accessing TEFAP commodities. Any other information provided must be on a

voluntary basis and the distributing agency must explain that providing the

information is not required to access TEFAP commodity foods in compliance with the

Privacy Act of 1974.

6. Participants must reside in the State of South Carolina for at least one day in the

demographic area assigned to the distributing agency. Those who live outside of the

agency’s serving area may be served if the agency has sufficient donated product, but

the participant should be advised of the correct location for future reference.

If any program participant lacks documentation of identity or residence, the ERA may

indicate “NONE” in the address section of the signature sheet. Staff and volunteers

are encouraged to refer any homeless of disable person to local resources which may

assist the individual with obtaining identification or other needed services.

B. Restriction on Additional Eligibility Requirements

1. Organizations receiving USDA commodities may not impose any eligibility

requirements beyond those established herein for applicants and/or recipients.

Therefore, activities unrelated to the receipt of USDA commodities may not be

conducted at sites unless participation in such activities is expressly identified as being

separate and apart from food service or distribution involving USDA commodities,

and not required in order to receive such commodities or meals that contain them. For

example, an overnight shelter that receives USDA commodities may not require

otherwise eligible persons to attend religious services in order to receive meals. Other

examples of unrelated activities include political rallies, and meetings, and solicitation

of monetary contributions at the distribution or meal site for use by religious and other

groups.

2. Under no circumstance shall recipients be required to make payments in money,

materials or services for the receipt of USDA commodities. Additionally,

recipients shall not be solicited for voluntary contributions during the distribution of

USDA foods.

3. If ERAs charge fees for transportation, shelter, classes, social activities, recreational

facilities, etc., those ERAs must ensure in writing, either by posted sign on the wall or

by handout during distribution or meal services that any money solicited or charged is

not for the USDA commodities received.

4. If a household has specified in writing, a third party (Authorized Representative) may

stand in for the household completing application or other eligibility documentation.

The signed written authorization must be attached to the application. The third party

can pick up commodities for the household if the household listed the third person on

the application.

5. Food Banks must keep documentation showing that the allocation of USDA donated

commodities was made only to ERAs for feeding needy and homeless persons in

compliance with the priority system established by SCDSS Organizations such as

food pantries, soup kitchens, religious organizations or any other agency to which the


OPERATIONS MANUAL

17

Food Bank distributes commodities must meet the eligibility criteria as established

herein. The Food Bank must have a written agreement with any ERA (i.e., soup

kitchens, food pantries, etc.) to which, they in turn, plan to sub-distribute

commodities. The agreement must provide:

(a) Name and address of ERA receiving commodities.

(b) Statement that the ERA will agree to operate the program in accordance with

USDA regulations and policies.

(c) If the ERA is allowed to further sub-distribute TEFAP commodities to other

ERAs, the specific terms and conditions for doing so, including a list of

specific organizations or types of organizations eligible to receive

commodities.

(d) Additionally, food banks are encouraged to obtain and keep on file, a copy of

the Internal Revenue Service tax-exempt determination letter for each ERA

with which they enter into an agreement.

(e) The Food Bank must keep a signed receipt on file from these organizations

listing the commodities and quantities provided to that organization. These

organizations should maintain a daily, weekly or monthly inventory list of

commodities received.

6. Food pantries must keep a record of household name, address and criteria for recipient

eligibility. A copy of the completed form must be maintained on file for 3 years.

ERAs are not required to verify income or produce any other documentation to

support eligibility under any other criteria.

7. There are no eligibility requirements in determining if a recipient is eligible to receive

a meal from a Soup Kitchen. Anyone can receive a meal without application or

signature.

8. In compliance with the Freedom of Information Act, section 5 U.S.C.552. (b)(4) and

(6), all information obtained from clients for participation in the TEFAP program is

confidential and privileged. Unauthorized disclosure of which would constitute an

invasion of privacy.

IX. COMMODITY ORDERING

A. State Distributing Agency (SDA)

1. Each year USDA allocates funds to each SDA that may be used to purchase foods

made available by the department periodically during the fiscal year.

2. USDA purchases surplus food products that SDAs may use entitlement funds to buy

and notifies the SDA of the available products that may be ordered. This notification

is provided via the WBSCM and through FNS Regional office personnel. Round

Surveys are released quarterly at a minimum and at other times when the SDA may be

given the opportunity to purchase “Bonus” commodities. Bonus commodity


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18

purchases are not counted against the SDA’s entitlement funds.

3. When round surveys are released by USDA, the following actions are taken:

(a) The SDA TEFAP Coordinator retrieves surveys and discusses with State

Agency Program Director for any special concerns regarding ordering.

(b) The availability of entitlement funds as well as the types of food available is

discussed.

(c) The SDA TEFAP Program Coordinator contacts the warehouse manager of the

South Carolina Food Bank Association (SCFBA) receiving warehouse. All

TEFAP commodities entering the state are received at this warehouse. This

warehouse manager has the authority to order on behalf of all Food Banks that

are members of the SCFBA.

(d) The SDA TEFAP Coordinator provides the warehouse manager with

information regarding the amount of entitlement funds that may be used to

purchase commodities and any special instructions regarding the types of

commodities to be ordered.

(e) After consultation with other SCFBA members, the warehouse manager will

access WBSCM and select commodities to be received under the active Round

Survey before the ordering period has expired. The SDA TEFAP Program

Coordinator will review the pending order for compliance with entitlement

limits and other SDA limitations. The final decision regarding the order will be

made by the TEFAP Program Director and the TEFAP Program Coordinator.

4. In order to ensure equitable distribution of commodities received by the SDA, each

SCFBA member Food Bank is allocated commodities based on the poverty

percentages of each county being served by the Food Banks. Upon receipt of a

shipment, the warehouse manager identifies each Food Bank’s fair share and stores

the commodities in separate holding areas until picked up. Notification is provided

via email and fax to inform that a shipment has been received and products are ready

for pickup.

(a) Allocation of entitlement to the local agency is based on a computation for each

county in the food bank’s service area and the ERAs ability to serve the eligible

households.

(b) The State Agency recommends issuance rates for individual foods based on

household size and usability of the food within a reasonable period of time.

B. WBSCM Notification

Upon receipt of WBSCM’s Notification from USDA, The SDA will retain a copy in a

suspense file. When a shipment is received by the warehouse, a copy of the Bill of Lading

will be forwarded to the SDA along with a report detailing the quantities of products


OPERATIONS MANUAL

19

allocated to each Food Bank. The SDA allocates USDA products to each warehouse based

on the poverty percentages of each county the warehouse provides service to.

X. FOOD BANK/ERA RESPONSIBILITIES

A. Food Bank Responsibilities

Food Banks must be fully aware of their responsibility and accountability in operating the program

as outlined in their agreement with the SDA. Food Banks are responsible for ensuring that ERA’s

distribute commodities only to needy households as defined by regulations, and must be able to

account for all distributions made by ERAs. Food Banks must have a written agreements with the

sub-outlets.

Cost Reporting: The Food Bank must be certain that all costs claimed are actual costs

incurred by the organization. The organization is totally responsible for maintaining all cost

records in support of storage and distribution costs submitted to SCDSS for reimbursement.

Monitoring: Food Banks are responsible for monitoring ERAs as often as necessary to

ensure that the program is being conducted according to regulatory requirements. Non-

compliant agencies must be terminated from participation in the program. The Food Bank is

also responsible for evaluating its performance of overall program administration.

B. ERA Responsibilities

1. ERAs must follow sound handling and storage practices for USDA commodities to

safeguard the food against theft, spoilage or other losses.

2. Each distribution site must collect and maintain on record for each household

receiving TEFAP commodities for home consumption, the name of the household

member receiving commodities, the address of the household (to the extent

practicable), the number of persons in the household and the basis for determining that

the household is eligible to receive commodities for home consumption.

3. Participants picking up food to take home are required to sign for the food. It is

recommended that sites obtain recipient signatures on a receipt or list. ERAs may

either use logs developed by the SDA or documents created by the ERA for the same

purpose.

4. All sites (soup kitchens, food pantries, etc.) must sign a receipt for the USDA

commodities they receive. A copy of the receipt must be maintained by the agency

from which they receive the commodities, i.e., the food banks. ERAs must also keep a

copy for their records.

5. A site that operates as a soup kitchen and distributes food for home consumption, is

required to complete income eligibility determinations only for households taking the

food home.

6. ERAs must ensure that hours of operation are clearly posted, all required Civil Rights

posters are in place, all proxy forms are collected, and signature sheets are properly


OPERATIONS MANUAL

20

signed.

7. Food outlets offer purchased or donated food as part of the choice pantry model.

The State Agency understands there is an ebb and flow to the nature of donations. ERAs must inform and educate the participants of USDA food items supplement to

their monthly household needs and make every effort to ensure TEFAP donated foods

is not the sole source of food provided during distribution.

8. ERAs must post the written notice of beneficiary protections in a prominent place

in lieu of providing individual written notice to each beneficiary. The service area

food bank will serve as the alternate provider to the ERAs.

XI. CIVIL RIGHTS COMPLIANCE

A. Public Notification

1. It is the responsibility of the agency to provide public notification within its service

area with the agency’s site name, address, distribution dates, and hours of operation.

2. Posters, pamphlets, newsletters, and public service announcements can be used to

make potential participants aware of the availability of donated food. Word-of-mouth

is never acceptable as the sole or primary method of public outreach.

3. The distribution of USDA Foods shall not be used as a means for furthering the

political interest of any individual or party. Information unrelated to TEFAP may not

be placed in or printed on TEFAP bags or boxes unless it’s to educate participants

about other government-sponsored programs and services.

B. The Nondiscrimination Statement

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA)

civil rights regulations and policies, the USDA, its Agencies, offices, and employees,

and institutions participating in or administering USDA programs are prohibited from

discriminating based on race, color, national origin, sex, disability, age, or reprisal or

retaliation for prior civil rights activity in any program or activity conducted or funded

by USDA.

Persons with disabilities who require alternative means of communication for program

information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should

contact the Agency (State or local) where they applied for benefits. Individuals who are

deaf, hard of hearing or have speech disabilities may contact USDA through the Federal

Relay Service at (800) 877-8339. Additionally, program information may be made

available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program

Discrimination Complaint Form, (AD-3027) found online at:

http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or

http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf

http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf

http://www.ascr.usda.gov/complaint_filing_cust.html


OPERATIONS MANUAL

21

write a letter addressed to USDA and provide in the letter all of the information

requested in the form. To request a copy of the complaint form, call (866) 632-9992.

Submit your completed form or letter to USDA by:

(1) mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: [email protected].

This institution is an equal opportunity provider.

The foregoing statement must be included on:

1. Eligibility Applications.

2. Public Releases concerning the program.

3. Flyers, posters, websites and other publications.

C. Bilingual Assistance

A Limited English Proficiency Plan (LEP) is required. The LEP must provide support and

direction for interacting with non-English speaking participants or applicants. This plan

should include resources and or documents for identifying language needs, contact

information for translation services, and an outline for collecting information, providing

translation, and distribution of USDA donated food. Program information must be provided

in a bilingual method when servicing language minority areas.

D. Justice For All Posters

The “And Justice for All” poster must be prominently displayed.

E. The Racial/Ethnic Population of the Service Area

The racial ethnic population of the Service delivery area must be estimated and recorded at

least once a year, kept for at least three years and available for review by the SCDSS.

Information can be obtained from census data, local public libraries or the South Carolina

Budget and Control Board, Office of Research and Statistics

(www.ors.state.sc.us/hd/index.html).

F. Disproportion in the Population

If there is a disparity between the percentage of ethnic population in a service delivery area

and the households being served in that area, then expanded dissemination of information

disclosing the availability of the program is required. For example, if the population of a


OPERATIONS MANUAL

22

service delivery area is 75% percent Hispanic, but Hispanic households constitute only 10%

percent of the households being served, then expanded dissemination of information

disclosing the availability of the program is required. A possible solution would be to have

information about the program printed in Spanish language newspapers, and have bilingual

services available at distribution sites.

G. Collection of Racial/Ethnic Information

Racial/ethnic information of households must be established at least annually. Households

must be categorized in one of the following five racial/ethnic classifications: (1) White, (2)

Black, (3) Hispanic, (4) Asian or a Pacific Islander and (5) American Indian or Native

Alaskan. Households may voluntarily self-declare their racial/ethnic classification on the

application or the EFO must ascertain the racial/ethnic class of the households.

H. Discrimination Complaints

All households have the right to make a verbal or written complaint if they believe they have

been the victims of discrimination. Complainants must file a written complaint within 30

days of the occurrence and SCDSS must be notified as soon as a complaint has been

submitted. Program personnel should be assigned to handle specific phases of the

discrimination complaint. The phases are: (1) who will receive the complaint, (2) who

maintains contact with the complainant and follows up on the complaint, (3) who will

investigate the complaint, and (4) who decides on a possible solution. A form for filing a

complaint may be used and, at a minimum, request the following information from the

complainant: (1) name of complainant, (2) date complaint is filed, (3) nature of complaint,

(4) date of occurrence, (5) names of persons present during occurrence, (6) facts disclosed

by an investigation and names of persons involved, (7) proposed solutions, and (8) final

disposition of complaint. Within three working days, the complaint must be forwarded to the

USDA, Southeast Regional Office, Food and Nutrition Service, 41 Forsyth Street, SW, No.

8T36, Atlanta, Georgia 30308-3415.

I. Disaster Planning

TEFAP requirements are not to be waived or modified by the ERA in the event of a natural

disaster. Any variations from normal distribution must come from the Federal level in the

event of such emergency. TEFAP foods may not be distributed as part of a disaster food

distribution without permission from the Federal level. The State Agency will notify food

banks and pantries if the distribution method is to vary during a disaster.

J. Written Notice and Referral Requirements

Faith-based or religious organizations that receive USDA Foods or administrative funds for

TEFAP 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 provide.

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