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USDA/FNS

RIN: 0584-AD76

Publication ID: Fall 2009

Title: Revisions and Clarifications in Requirements for the Processing of Donated Foods
Abstract: This final rule revises 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 five years duration, rather than the current one year, with an option for two one-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 three years, and remove the requirement that distributing agencies conduct an on-site review of such processors at least once every two 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 612(d), 612(c) note 7 USC 1431, 1431(b), 1431(e), 1431 note, 1446(a)(1), 1859, 2014, 2025 15 USC 713(c) 22 USC 1922 42 USC 1751, 1755, 1758, 1760, 1761, 1762(a), 1766, 3030(a), 5179, 5180

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	08/24/2006	71 FR 50250
NPRM Comment Period End	11/22/2006
Final Action	12/00/2009

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