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USDA/FNS RIN: 0584-AD45 Publication ID: Spring 2004 
Title: ●Donated Foods in Child Nutrition Programs, the Nutrition Services Incentive Program, and Charitable Institutions, Including Contracts With Food Service Management Companies 
Abstract: This proposed rule would revise or clarify 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 would establish specific requirements to ensure that school food authorities and other recipient agencies in child nutrition programs receive the benefit of all donated foods provided under contract with food service management companies to conduct the food service. It would require the food service management company to credit the school food authority for donated foods received, through invoice reductions or crediting. The rule would provide some flexibility in crediting for, and use of donated foods, by allowing the school to negotiate donated food values with the food service management company, and by allowing the food service management company to substitute donated foods with commercially purchased foods, with the exception of (1) donated beef and pork, and (2) end products received from processors. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 250.12, 250.40, 250.41, 250.42, 250.48    7 CFR 250.49, 250.50   
Legal Authority: Older Americans Act of 1965, as amended   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/00/2005    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
Agency Contact:
Sharon Ackerman
Agency Regulatory Officer
Department of Agriculture
Food and Nutrition Service
Room 918, 3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 305-2246
Email: sheri.ackerman@fns.usda.gov