049-1 Wyo. Code R. § 1-6

Current through April 27, 2019
Section 1-6 - Agreement With Distribution Site

All sites receiving USDA commodities from Contractor shall have a current written agreement with Contractor before the receipt of any commodities.

(a) The agreement shall automatically expire one year from the signature date unless an extension is entered into by the site and Contractor. The agreement may have two one year extensions. Any extension shall include updated information concerning changes from the prior year.

(b) No person shall be excluded from participation, be denied benefits or be subject to discrimination under this program because of race, color, creed, sex, age, national origin or physical or mental handicap.

(c) Distribution sites shall not diminish their normal expenditures for food because of receipt of commodities from The Emergency Food Assistance Program.

(d) Eligibility of households and individuals shall be determined by the households declaration it meets eligibility requirements. There shall be no charge nor donation requested for USDA commodities.

(e) USDA commodities may not be used for mass feedings with the exception of soup kitchens. Programs such as nursing homes, prisons, detention centers, special schools or orphanages are not allowed to use USDA commodities that are allocated as part of the Hunger Prevention Act of 1988.

(f) The homeless and elderly shall receive priority in programs distributing USDA commodities allocated as part of the soup kitchen and food pantry program. An address must not be required as an eligibility criteria.

(g) There shall be no processing of USDA commodities unless it is done by a federally approved F.S.I.S. (food safety inspection service) plant. Processing must meet all USDA and FNS requirements.

  • (i) Any repackaging of USDA commodities is considered processing. The new package must be clearly labeled USDA donated foods and include any other information that is required by USDA or DFS.
  • (ii) All questions about repackaging and processing shall be referred to Contractor. All decisions are subject to approval by USDA/FNS.
  • (iii) Contractor or DFS will not be responsible for the cost of any processing.

(h) All records of the distribution of USDA commodities are the property of the State of Wyoming. When the TEFAP branch site coordinator, resigns, he/she shall surrender the records to Contractor upon request. All records are to be maintained for three years from the Federal Fiscal Year to which they pertain.

(i) The State of Wyoming will not be held liable for any accidents involving the recipients of the distribution of USDA commodities.

(j) If there is inventory that is unaccounted for, groups of ineligible people served, gross negligence, or any intentional violation of the rules, the agreement shall be canceled with a ten day written notice sent to the site coordinator. If Contractor believes there is sufficient evidence of fraud or negligence, Contractor may suspend the agreement immediately. All records relating to USDA commodities will be surrendered immediately to Contractor upon suspension of the agreement.

(k) The agreement may be terminated in writing by either party with thirty (30) days notice.

049-1 Wyo. Code R. § 1-6