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USDA/FNS

RIN: 0584-AD81

Publication ID: Spring 2009

Title: Revisions and Clarifications in Requirements for the Distribution and Control of Donated Foods
Abstract: The rule would amend current regulations in 7 CFR part 250 to ensure the safe storage and management of donated foods and their efficient and cost-effective distribution, while reducing reporting and administrative requirements currently imposed on distributing agencies. Specifically, the rule would propose to: Require the distributing agency, and distributing agency agreements with recipient agencies, to ensure that the storage, management, distribution, and use of donated foods will be conducted in accordance with Federal food safety requirements. Require that inventory management systems ensure that donated foods can be tracked in the event of a food recall. Retain FNS authority to require the distributing agency to re-evaluate its storage and distribution system and justify its efficiency and cost-effectiveness, but remove the requirement that the distributing agency reevaluate its storage and distribution system on a periodic basis. Require the distributing agency to permit direct deliveries of donated foods to recipient agencies, or to commercial storage facilities, processors, or other contractors, to the extent that such deliveries may be made cost-effectively. Remove the requirement that the distributing agency maintain a separate salvage account for funds obtained from salvage of donated foods, claim recoveries, etc., and the requirement that FNS approve certain expenditures from such accounts. Remove the exemption from claims recovery of donated food inventory losses in amounts less than 1 percent of total inventory of such food. Remove the requirement that the distributing agency submit commodity acceptability reports to FNS and conduct surveys of recipient agencies to collect information for such purpose. Retain the prohibition against maintenance of excessive donated food inventories (i.e., more than a 6-month supply) but remove the requirement that the distributing agency submit a report of excessive donated food inventories for donated foods received in child nutrition programs and TEFAP. Lastly, the rule would rewrite 7 CFR part 250 in a plain language format to make it easier to read and understand for the general public. We do not anticipate any additional costs imposed on distributing or recipient agencies or other entities as a result of the changes proposed in this rule. (06-002)
Agency: Department of Agriculture(USDA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 7 CFR 250 7 CFR 251.4
Legal Authority: 5 USC 301 7 USC 612(c), 612c note, 1431, 1431b, 1431e, 1431 note, 1446a-1, 1859, 2014, 2025 15 USC 713c 22 USC 1922 41 USC 1751, 1755, 1758, 1760, 1761, 1762a, 1766, 3030a, 5179, 5180

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/00/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Local, State, Tribal
Small Entities Affected: No	Federalism: Undetermined
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