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USDA/FNS RIN: 0584-AD45 Publication ID: Fall 2008 
Title: Management of Donated Foods in Child Nutrition Programs, the Nutrition Services Incentive Program, and Charitable Institutions 
Abstract: This final rule revises or clarifies requirements with respect to the distribution, management, and use of donated foods in child nutrition programs, the Nutrition Services Incentive Program, and by charitable institutions. Most significantly, it establishes specific requirements to ensure that school food authorities and other recipient agencies in child nutrition programs receive the value of all donated foods provided under contract with food service management companies to conduct the food service. It requires the food service management company to credit the recipient agency for donated foods received, through invoice reductions, refunds, or other means of crediting. The rule provides some flexibility in crediting for and use of donated foods by allowing the recipient agency to use donated food values other than the USDA purchase price and by allowing the food service management company to substitute donated foods with commercially purchased foods, with the exception of (1) donated ground beef and ground pork and (2) end products received from processors. (04-003) 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 250.12, 250.19, 250.24, 250.40, 250.41    7 CFR 250.42, 250.48, 250.49, 250.50   
Legal Authority: Older Americans Act of 1965, as amended   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/08/2006  71 FR 33344   
NPRM Comment Period Extended  08/03/2006  71 FR 43992   
NPRM Comment Period End  09/07/2006    
Final Action  08/08/2008  73 FR 46169   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
James F Herbert
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 305-2572
Email: james.herbert@fns.usda.gov