View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
USDA/FNS | RIN: 0584-AD76 | Publication ID: Fall 2008 |
Title: Revisions and Clarifications in Requirements for the Processing of Donated Foods | |
Abstract: This final rule requires multi-State processors to sign National Processing Agreements (NPA) with the Department to process donated foods into end products, as under a current demonstration project. Under NPA, the Department is responsible for the review and approval of end product data schedules and the management of the processors performance bond to protect the value of donated food inventories. Processors are still required to enter into State Participation Agreements (SPA) to sell end products in the State and to meet other State-specific processing requirements. The revisions will reduce the workload currently required of State agencies in approving end product data schedules and accounting for donated foods provided to processors. However, State agencies may continue to ensure that processing requirements are met under current agreement or contract options. This final rule also revises other processing requirements to reduce the paperwork burden and workload and to more fully integrate donated foods with commercial business practices. It revises current regulations to: (1) Allow processing agreements or contracts of up to 5 years duration, rather than the current 1 year, with an option for two 1-year extensions; (2) allow substitution of donated beef and pork with like commercial foods of U.S. origin and of equal or better quality; (3) remove the verification of end product sales through commercial distributors; (4) reduce independent CPA audit requirements for multi-State processors by revising upward the donated food value thresholds that determine the required frequency of such audits; and (5) require in-State processors to obtain an independent CPA audit every 3 years, and remove the requirement that distributing agencies conduct an on-site review of such processors at least once every 2 years. Lastly, the rule rewrites and restructures processing regulations in a plain language format to make them easier to understand for the general public. (05-005) | |
Agency: Department of Agriculture(USDA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 7 CFR 250.3, 250.13, 250.16, 250.17, 250.18 7 CFR 250.19, 250.24, 250.30 | |
Legal Authority: 5 USC 301 7 USC 612d, 612c note 7 USC 1431, 1431b, 1431e, 1431 note, 1446a-1, 1859, 2014, 2025 15 USC 713c 22 USC 1922 42 USC 1751, 1755, 1758, 1760, 1761, 1762a, 1766, 3030a, 5179, 5180 |
Legal Deadline:
None |
||||||||||||
Timetable:
|
Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State |
Small Entities Affected: Businesses | Federalism: Yes |
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 |