1200 Responsibilities

In order to properly administer TEFAP, there are various responsibilities on the part of the Federal Government, the State, the distribution areas, participating organizations and the recipients.

1201 United States Department of Agriculture (USDA) - USDA's Food and Nutrition Service (FNS) is responsible for the proper administration of TEFAP and all other commodity programs nationwide. USDA'S responsibilities include the following:

1201.1 Completing rules and regulations for states to implement and follow in the administration of TEFAP.

1201.2 Reviewing and auditing the state distributing agency and various participating organizations statewide to insure accountability and program integrity, which includes providing suggested corrective actions as a part of all reviews.

1201.3 Determining state commodity allocations and arranging for the release of adequate surplus commodity supplies from storage.

1201.4 Arranging for the shipment of commodities from storage to destinations designated by participating states.

1201.5 Determining the amount of administrative funds to be allocated to participating states and distributing these funds accordingly.

1202 Food Distribution Unit - The Food Distribution Unit of Economic and Employment Support of the Department of Social and Rehabilitation Services (SRS) has been designated to implement TEFAP in Kansas. The Food Distribution Unit's responsibilities include:

1202.1 Entering into an agreement with USDA to implement TEFAP according to USDA established rules and regulations.

1202.2 Establishing a state plan of implementation including uniform income-based eligibility standards and distribution guidelines.

1202.3 Ordering available commodities from USDA and determining the delivery destination of these food products from USDA.

1202.4 Establishing an intra-state allocation system to assure that all distribution areas receive an equal and/or appropriate quantity and variety of available commodities.

1202.5 Developing and modifying state policies based upon federal rules and regulations and assuring uniform statewide compliance.

1202.6 Reviewing and auditing participating carriers, processors and warehouses to ensure accountability and program integrity.

1202.7 Monitoring TEFAP activities throughout the fifteen distribution areas and providing suggestions and information to Regional Directors regarding these activities.

1202.8 Determining liability in the event USDA commodities are lost, damaged, improperly distributed/used by carriers, warehouses, processors, organizations or others. Establishing claims and taking appropriate collection actions.

1202.9 Arranging for acceptance, storage, and shipping of commodities to distribution areas statewide.

1202.10 Establishing and monitoring an annual program budget based on USDA funding. This budget must allow for the payment of all state level administrative expenses and, to the extent possible within funding limitations, provide for reimbursement of actual storage and distribution costs incurred by participating TEFAP organizations (See Section 6000).

1202.11 Processing and paying reimbursement requests for expenses incurred by participating TEFAP organizations according to USDA guidelines and funding availability. (See Section 6000.)

1202.12 Maintaining inventory, distribution, claim and reimbursement records and providing USDA with reports as required.

1203 SRS Distribution Areas - Kansas is divided into fifteen separate distribution areas. Each Regional Director is responsible for implementation of TEFAP in the counties within the area. Each area is managed independently and some program activities may vary from one area to the next with the exception of the uniform minimum requirements listed in this manual. Distribution area responsibilities include:

1203.1 Establishing a commodity distribution network throughout the distribution area which will allow organizations and needy persons in each county the opportunity to participate in TEFAP. In counties that do not have organizations participating in TEFAP, eligible needy persons may not be able to participate. Regional Directors should either arrange for needy persons to participate through organizations in other counties or attempt to obtain new organizations as distributors.

1203.2 Obtaining a signed agreement with each qualified participating organization and assuring that these organizations understand and agree with the requirements and responsibilities of TEFAP participation. Original signed agreements should be kept by the Regional Director, a copy given to the participating organization, and a copy forwarded to the Food Distribution Unit. These agreements will remain in effect  permanently or until terminated by either the Regional Director or the organization. The agreement may be terminated by mutual consent of both parties upon thirty (30) days written notice; or, if the recipient organization ceases to exist or fails to perform according to the terms of the agreement, SRS reserves the right to terminate the agreement immediately and transfer

1203.3 Organizing and coordinating TEFAP activities, such as:

1. Arranging with participating organizations the desired delivery instructions for commodity deliveries to the area.
   
   
2. Establishing an organized system for the acceptance, unloading, and distribution of shipments to the area and for the completion of appropriate forms upon acceptance of the products.
   
   
3. Maintaining a system of fair and equitable commodity allocations among participating organizations and determining the quantity of commodities each participating organization will receive at each delivery.
   
   
4. Working with participating organizations in the establishment of uniform, non-discriminatory and realistic eligibility determination systems and distribution procedures which meet the rules and regulations described herein.
   
   
5. Observing participating agency TEFAP operations in order to assure terms of the agreement are being met.
   
   
6. Establishing a distribution/inventory reporting system with each participating organization. Reports must be received monthly from all participating organizations (See Exhibit L and Section 4400). Monthly reports must be compiled into an Area Summary Report and mailed to the Food Distribution Unit no later than 30 days following the last day of each report month (See Exhibit M for details). The Area Summary Report must include: 1) the total number of households that received TEFAP foods in the applicable management area, 2) the total amount of cases distributed or on hand by participating organizations, and 3) any inventory problems or losses which would require the assistance and/or attention of the Food Distribution Unit.
   
   
7. Investigating and responding to inquiries and/or concerns from USDA, SRS, Federal, State and local legislators, organizations and concerned citizens regarding TEFAP issues.
   
   
8. Establishing a procedure to allow participating organizations to submit requests for reimbursement for expenses incurred in the administration of TEFAP. (See Section 6000)
   
   

1203.4 Within 30 days after each commodity delivery to a distribution area, a completed manifest, which includes information regarding the distribution of the products, must be submitted to the Food Distribution Unit. Regional Directors may wish to develop a manifest to meet the needs of their area or may follow the sample outlined in Section 8000, Exhibit G. The manifest information must include:

1. The type of commodity received.
   
   
2. The date products were distributed to participating organization.
   
   
3. The names of participating organizations that received the products.
   
   
4. The quantity of products each organization received.
   
   
5. he signature of an organization representative beside the name of each organization. This signature documents the acceptance of the products in good condition.
   
   

NOTE: The sum of the quantities accepted by all participating organizations should always equal the number of cases shipped to the distribution area. The manifest containing the original signatures should be submitted to the Food Distribution Unit and a copy maintained by the Regional Director.

1204 Participating Organizations - In order for USDA commodities to reach eligible needy persons through TEFAP, many agencies and organizations statewide volunteer storage and distribution space as well as many hours of work each month. Agencies and organizations may participate only if USDA and State guidelines are met and after an Agreement to Receive USDA Commodities is signed.  See Exhibit C for the agreement to be used with "Emergency Feeding Centers" (i.e., food banks) that distribute commodities to needy persons for home consumption. See Exhibit B for the agreement to be used with "Cooperative Emergency Feeding Centers" (i.e., soup kitchens) that prepare food for needy persons for consumption in a congregate setting. Exhibit B and Exhibit C Agreements are considered permanent

Participating organizations must comply with the following:

1204.1 Both public and private organizations must be operated on a nonprofit basis and administer TEFAP to relieve situations of emergency and distress through the provision of food to needy persons, including low income and unemployed persons. Such organizations may include soup kitchens, temporary shelters, hunger centers for indigent persons, and food banks.

1204.2 Commodities shall be distributed to needy persons at no charge to recipients. Donations shall not be solicited from recipients in connection with the distribution of these commodities.

1204.3 Eligibility for, and distribution of, USDA commodities to needy persons shall be done without regard to race, color, sex, age, disability or national origin. The participating organization must display in a prominent place in appropriate offices and food distribution areas, the USDA Title VI non-discrimination poster "...And Justice for All" or an FNS approved substitute.

1204.4 Commodities received through TEFAP shall be distributed according to guidelines established by SRS and published in this manual or other written communication.

1204.5 No USDA-donated commodities shall be sold, bartered, inappropriately distributed or inappropriately used by participating organizations.

1204.6 Questionable and/or inconsistent information provided by applicants for eligibility purposes may be verified by the organization; however, undue delays (over 10 days) in distribution shall not occur. (See Section 2405).

1204.7 Organizations shall protect and maintain adequate care and storage of USDA commodities received through this program. Organizations must assure that commodities continue to remain fit for human consumption while in the organization's possession and control. (See Section 3000)

1204.8 Adequate inventory and disposition records shall be maintained and a reporting system shall be developed with the Regional Director. (See Section 4000)

1204.9 All records and documents pertaining to TEFAP shall be maintained appropriately. (See Section 4000.)

1204.10 Reports, records, and all facilities pertaining to TEFAP activities shall be available for examination by authorized USDA or State personnel at any reasonable time.

1204.11 The name and location of organizations participating in TEFAP is a matter of public record. SRS shall be allowed to release the name and location of each participating organization to the press and other interested parties.

1204.12 TEFAP application/participation is a confidential matter. Distributing organizations shall establish systems to assure that every TEFAP recipient's identification, application and participation records are kept secure and confidential. See Section 7102 and Section 8000, Exhibit D, for specific Kansas confidentiality laws under KSA 39-709b.

1204.13 Applications for TEFAP participation shall be accepted and eligibility determinations shall be completed for any person/household who desires to participate.

1204.14 Any activities conducted by participating organizations during a TEFAP distribution which are unrelated to USDA-donated commodities shall only be allowed under the following conditions:

1. that the person(s) conducting the activity clarifies that the activity is not part of the USDA-donated commodities distribution and that participants need not cooperate in order to receive USDA-donated commodities; and
   
   
2. the activity does not interfere with the distribution of commodities. It is impermissible to place information not related to USDA-donated commodities in or on the bags or boxes being used for the commodity distribution.

1205 Applicants/Recipients - In order for needy persons to participate in TEFAP, they must be determined to be in need as established by federal and state guidelines. Persons who receive prepared meals through Cooperative Emergency Feeding Organizations (soup kitchens) are automatically determined to be in need and the following provisions under Section 1205 do not apply to them. Persons who apply for and/or receive commodities through TEFAP for home consumption must do the following:

1205.1 Provide income and household size information in order for eligibility to be determined. (See Section 2400)

1205.2 Provide verification of income and household size if requested. (See Section 2405)

1205.3 Reside in Kansas. They must also reside within the county in which they are applying unless otherwise established by a distribution area plan.

1205.4 Use USDA commodities for home consumption and not sell, barter or inappropriately utilize them in any manner. Nor shall recipients willfully and/or intentionally make a false statement or conceal or withhold information in order to receive commodities they are not entitled to receive. In the event it is determined and verified that a recipient has fraudulently received and/or utilized USDA commodities, the recipient will be subject to the following:

1. Prosecution under local, state and federal laws.
   
   
2. A period of ineligibility as determined by the court or SRS.
   
   
3. Restitution through the establishment and collection of a claim against the recipient.