Section 250.70 - [Effective 12/30/2024] Situations of distress(a)Use of USDA Foods to provide congregate meals. The distributing agency may provide USDA Foods from current inventories, either at the distributing or recipient agency level, to a disaster organization, for use in providing congregate meals to persons in need of food assistance because of a situation of distress, as this term is defined in § 250.2 .(1)Notification of congregate meals activity to FNS. If the situation of distress results from a natural event (e.g., a hurricane, flood, or snowstorm), congregate meals may be provided for a period not to exceed 30 days, without the need for FNS approval. However, the distributing agency must notify FNS that such assistance is to be provided. FNS approval must be obtained to permit such USDA Foods assistance for a period exceeding 30 days. If the situation of distress results from other than a natural event (e.g., an explosion), FNS approval is required to permit USDA Foods assistance for use in providing congregate meals for any period of time.(2)Selection of disaster organizations for disaster congregate meal service by the distributing agency. Distributing agencies are responsible for choosing disaster organizations to implement congregate meal service, subject to approval as described in paragraph (a)(1) of this section. Before distribution of USDA Foods to a disaster organization, the distributing agency must review and approve such organization's application in accordance with applicable FNS guidance, which must be submitted to the distributing agency in written form. The distributing agency must also submit such application to FNS for review and approval before permitting distribution of USDA Foods in a situation of distress that is not the result of a natural event. The disaster organization's application must, to the extent possible, include the following information: (i) A description of the situation of distress;(ii) The number of people requiring assistance;(iii) The period of time for which USDA Foods are requested;(iv) The quantity and types of USDA Foods needed; and(v) The name, number, and location of sites where USDA Foods are to be used, to the extent that such information is known.(3)Eligibility of emergency relief workers for congregate meals. The disaster organization may use USDA Foods to provide meals to any emergency relief workers at the congregate feeding site that are directly engaged in providing relief assistance.(b)Use of USDA Foods for distribution to households. The distributing agency must receive FNS approval to provide USDA Foods from current inventories in accordance with paragraph (c) of this section, either at the distributing or recipient agency level, to a disaster organization for distribution to households in need of food assistance because of a situation of distress. Such distribution may continue for the period of time that FNS determines necessary to meet the needs of such households. Before permitting the distribution of USDA Foods for household distribution, the distributing agency must submit an application to FNS for review and approval. The distributing agency's application must, to the extent possible, include the following information:(1) A description of the situation of distress;(2) The number of people requiring assistance;(3) The period of time for which USDA Foods are requested;(4) The quantity and types of USDA Foods needed;(5) The name, number, and location of sites where USDA Foods are to be used, to the extent that such information is known;(6) An explanation as to why household distribution is needed; and(7) The method(s) of distribution available.(c)Limitation on impacts to other programs. Distributing agencies must ensure that the operation of congregate meal service and/or disaster household distribution in situations of distress is not administered in lieu of regular program operations nor does it negatively impact the distribution of USDA Foods through other programs administered by the distributing agency.(d)Reporting and recordkeeping requirements. The distributing agency must report the following to FNS:(1) The number, names, and locations of sites where USDA Foods are used in congregate meals or household distribution as these sites are established.(2) The distributing agency must also report the types and amounts of USDA Foods from distributing or recipient agency storage facilities used in the situation of distress, utilizing form FNS-292A, Report of Commodity Distribution for Disaster Relief, which must be submitted electronically, within 45 days from the termination of assistance. This form must also be used to request replacement of USDA Foods, in accordance with paragraph (e) of this section. The distributing agency must maintain records of reports and other information relating to situations of distress.(3) If the distributing agency is operating disaster household distribution per 250.70(b), the distributing agency must submit a biweekly report to FNS, utilizing the format requested by FNS, for the approved disaster period. This report must be submitted electronically biweekly as long as the disaster household distribution continues operation. Biweekly reports must include:(i) The weekly distribution start and end dates;(ii) The total number of individual household members receiving assistance at all locations;(iii) Material identification codes for USDA Foods distributed;(iv) The USDA Foods description of the foods distributed; and(v) The total units of each food distributed.(e)Replacement of USDA Foods. FNS will replace USDA Foods used in a situation of distress only to the extent that funds to provide for such replacement are available. The distributing agency must submit to FNS a request for replacement of such USDA Foods, utilizing form FNS-292A, Report of Commodity Distribution for Disaster Relief, which must be submitted electronically, within 45 days from the termination of assistance. The distributing agency may request replacement of foods used from inventories in which USDA Foods are commingled with other foods (i.e., at storage facilities of recipient agencies utilizing single inventory management), if the recipient agency received USDA Foods of the same type as the USDA Foods used during the year preceding the onset of the situation of distress. Subject to the availability of funds, FNS will replace such USDA Foods in the amounts used, or in the amount of like USDA Foods received during the preceding year, whichever is less.(f)Reimbursement of transportation costs. In order to receive reimbursement for any costs incurred in transporting USDA Foods within the State, or from one State to another, for use in a situation of distress, the distributing agency must submit a public voucher to FNS with documentation of such costs. FNS will review the request and reimburse the distributing agency to the extent that funds are available. 81 FR 23113 , Apr. 19, 2016 81 FR 23113, 4/19/2016; 89 FR 87248 , 12/30/2024