Minnesota POLICY AND OPERATIONS MANUAL III

Transcription

1 Minnesota POLICY AND OPERATIONS MANUAL III

2 TABLE OF CONTENTS MINNESOTA FOOD SHELVES INTRODUCTION AND OVERVIEW I. PURPOSE OF THE TEFAP POLICY AND OPERATIONS MANUAL...10 II. III. PROGRAM REQUIREMENTS REPORTING REQUIREMENTS IV. FOOD STORAGE AND HANDLING V. DAMAGED AND OUT-OF-CONDITION PRODUCT VI. COMMODITY LIABILITY VII. RE-PACKAGING PROHIBITED VIII. MONITORING MINNESOTA FOOD BANKS I. PURPOSE OF THE TEFAP POLICY AND OPERATIONS MANUAL.47 II. III. PROGRAM REQUIREMENTS..51 REPORTING REQUIREMENTS IV. FOOD STORAGE AND HANDLING V. DAMAGED AND/OR OUT-OF-CONDITION PRODUCT VI. COMMODITY LIABILITY...61 VII. RE-PACKAGING PROHIBITED VIII. MONITORING

3 APPENDIX Regional Feeding America Food Bank Service Areas in Minnesota and Allocation Amounts Geographic Regions of Minnesota Food Banks (map) Terms and Definitions The Emergency Food Assistance Program (TEFAP) Minnesota State Plan USDA Regulation Title 7: Agriculture PART DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION USDA Regulation Title 7: Agriculture PART THE EMERGENCY FOOD ASSISTANCE PROGRAM Minnesota Food Shelf Statute 256E.34 3

4 INTRODUCTION AND OVERVIEW VIEW The Emergency Food Assistance Program (TEFAP) is a United States Department of Agriculture (USDA) program administered by states. It has deep ties to the agricultural industry and has been available since TEFAP provides commodity food to families and individuals in need and has become an integral part of anti-hunger efforts. In Minnesota, TEFAP partners with Hunger Solutions Minnesota, Feeding America Food Banks and food shelves to ensure efficient distribution of commodities. TEFAP provides food to states for low-income families and individuals. In Minnesota, TEFAP is administered by the Office of Economic Opportunity at the Department of Human Services. The Office of Economic Opportunity (OEO) is responsible for getting the USDA commodity food to organizations to distribute it to low-income families. TEFAP food is distributed via Hunger Solutions to six regional Feeding America Food Banks, who distribute the commodity products to food shelves and on-site meal programs. TEFAP is an integral part of Minnesota s food security network providing high-quality, nutritional food for lowincome families and a consistent source of nutritious food for food shelves and their clients. Background and History TEFAP was originally created as the Temporary Emergency Food Assistance Program, the result of hunger advocates lobbying the federal government for use of surplus commodities purchased by USDA for price supports. In 1981, President Ronald Reagan signed an executive order providing states with a onetime distribution of surplus cheese. This action succeeded with a win-win situation for the government, which reduced storage costs, and for those in need, who received food surplus. Distributions continued for several years, and grew to include a variety of foods purchased for price support purposes. Because TEFAP was primarily an agricultural program, some foods were packaged in bulk commercial sizes not necessarily intended for individual or family consumption. States received food allotments derived from a formula based on the number of people in poverty in the state. In Minnesota, USDA commodity food was originally delivered in semi-trailers to sites around the state where volunteers unloaded and distributed the food to those who qualified under income guidelines. OEO administered delivery throughout Minnesota by contracting with Community Action Agencies (CAA) and 4

5 other non-profits. There were about 700 drop-off sites using 7,000 volunteers. Deliveries took place every few months, an interval which resulted in food often sitting in warehouses for several months. There was a significant change to TEFAP in the late 1980 s. A new agriculture bill cut the price support program, which supplied the source of commodity foods. However, TEFAP was seen as a benefit to farmers as well as an anti-poverty program and it was popular with legislators. Therefore, instead of eliminating the program congress modified it through the 1988 Hunger Prevention Act. The act directed USDA to purchase foods for TEFAP. In 1990, TEFAP became a permanent federal program and the T in the program name was changed from Temporary to The to reflect this change. TEFAP continues to be favorably regarded for the support it provides to farmers and producers, as well as for the nutritious food supply it provides to low-income families. A Change for Efficiency The process of delivering TEFAP food directly to drop-off sites for volunteers to distribute continued through the 1990 s. Advocates had been working since the 1970 s to develop a systematic network of food banks and food shelves to meet the needs of hungry people, and saw an opportunity to utilize collective expertise to become more efficient and cost-effective in TEFAP distribution. In 1995, the TEFAP distribution system changed for the better. In the new model OEO contracted with the Minnesota Food Bank Network, a coalition of Second Harvest Food Banks in Minnesota to distribute TEFAP food (now called Hunger Solutions Minnesota). Instead of distributing TEFAP separately, Feeding America Food Banks combined TEFAP commodities with other food for distribution to food shelves and on-site meal programs. Resulting in an economical and effective way to administer the program. Food shelves benefitted from a greater selection of nutritious food for clients. More importantly, people received food when they needed it instead of when the truck came to town. Food shelves now included TEFAP commodities as part of food packages given to people seeking assistance and on-site food programs also received TEFAP food for their prepared meals. This was an innovative measure when Minnesota implemented it, and it has become a national model. As a result of the collaborative partnership between 5

6 OEO, Hunger Solutions Minnesota and Feeding America Food Banks, Minnesota has an extremely well-run TEFAP program. Current Administration The Minnesota Department of Human Services, Office of Economic Opportunity (DHS-OEO) continues to administer TEFAP in the same collaborative manner. The Minnesota Food Bank Network became Hunger Solutions Minnesota (HSM) in 2001 following a merger with the Minnesota Food Shelf Association. Hunger Solution Minnesota is the DHS-OEO partner for TEFAP administration. DHS- OEO manages TEFAP by communicating directives from USDA by: Sending lists of available food. Receiving food orders. Submitting orders to USDA. Documenting food received and distributed. Reconciling inventory and managing administrative costs with Hunger Solutions Minnesota. Collecting orders from individual food banks. Dividing truckloads of commodities among Feeding America Food Banks using a formula of population and poverty. Distributing administrative funds to food banks. Collecting statewide statistics. Food banks store and distribute food to food shelves and on-site meal programs. The food bank system originally developed from challenges food shelves faced when needing to store large amounts of donated food. Donations were needed by local communities, but food shelves did not have adequate storage space for them. Today, food banks meet needs by serving as non-profit warehouses that store large amounts of food and household products for distribution to food shelves. Food shelves access TEFAP, non-tefap food and other products from food banks. Orders are available for pick up or delivery. Food shelves make financial and administrative choices and bargain shop for the most cost effective foods and tailor orders to reflect client food preferences. Feeding America Food Banks are reimbursed $0.14 per pound from the Minnesota TEFAP program. This TEFAP administrative funding helps to cover food storage and handling costs. Food shelves do not pay a shared maintenance fee to the Feeding America Food Banks as long as TEFAP administrative funds are available. If TEFAP administrative fees are exhausted, which can happen 6

7 when large influxes of bonus food are made available, Feeding America Food Banks are allowed to charge a shared maintenance fee to food shelf agencies at $0.14 per pound for TEFAP food. These resources allow food shelves to obtain food at very low cost and food shelves are able to leverage monetary donations to purchase more food than in-kind donations alone. TEFAP eligibility is at or below 200% of the federal poverty level. Selfdeclaration of incomes and family size must be utilized. All food shelves and on-site meal programs receiving TEFAP must comply with nondiscrimination, data privacy and Americans with Disabilities Act (ADA) requirements and other state and federal rules and regulations. Types of Food In combination with food donated by individuals and businesses, TEFAP commodities help provide a well-rounded food package for food shelf visitors. TEFAP food consists of a variety of canned and dried goods, fresh and frozen fruit, and meat and dairy products. TEFAP food is high in quality and nutritional value. TEFAP products include items not often donated to food banks or food shelves. Some goods are too costly to purchase at retail value, so their availability through the TEFAP program allows food shelves to obtain certain foods that are important to people. Recently USDA launched an initiative to purchase foods that are low in sodium and sugar. This effort seeks to further improve the quality and nutrition of TEFAP. Bonus Food TEFAP commodities consist almost entirely of purchased food, the result of changes to agriculture policy in the late 1980 s. At the federal level, TEFAP is authorized to buy food to support struggling industries. For example, in the late 1990 s and early 2000 s, pork prices fell dramatically and USDA bought pork and pork products for TEFAP distribution to aid producers. In this case, the goods were designated as bonus because they were provided in addition to the regular allocated dollar value of TEFAP. Bonus products are often more expensive fresh fruits and meat. Through TEFAP bonuses, additional food products are made available and offer tremendous benefit. However, due to the erratic nature of bonus products, the amount of food received each year varies widely. The amount of food purchased by USDA through TEFAP was fairly consistent in 7

8 the past, but the addition of bonus foods produced wider variations in the amount and types of food in recent years. Although the unpredictable nature of TEFAP s bonus products can present a set of complex logistical considerations, the benefits reaped from the high quality of TEFAP food and bonus products outweighed planning challenges. Bonus commodities change due to economic issues. USDA sometimes steps in to purchase commodity goods to support producers. Conclusion The recession and high unemployment rates have affected people who had not previously experienced problems providing food for their families. Suburban food shelves have observed a rise in food shelf use and statewide, there has been an increase in the number of seniors visiting food shelves. These trends are also reflected in a general increase in the number of food shelf visits. In the current environment, TEFAP is an important nutrition resource for hungry families. Minnesota s increase in the amount of food distributed would not have been possible without TEFAP. TEFAP is a consistent source of nutritious food for low-income families, delivered at low cost to food banks and food shelves. TEFAP has been a part of the Minnesota anti-hunger landscape for over three decades and continues play a crucial role in the food assistance network. 8

9 Minnesota FOOD SHELVES 9

10 I. PURPOSE OF THE TEFAP POLICY AND OPERATIONS MANUAL The is the policy manual for the Minnesota TEFAP program. Food shelves receiving TEFAP are required to abide by the regulations and follow the procedures included in this manual. These regulations and procedures are based on the Federal Regulations 7 CFR 250 and 7 CFR 251. The Regulations in Section 250 apply to all commodity distribution programs and those in Section 251 are regulations specific to TEFAP. A copy is provided in the Appendix. Administration of TEFAP A. Federal Administration The Food Conservation, and Energy Act of 2008 (P.L ) authorizes The Emergency Food Assistance Program (TEFAP) for all states. The Food and Nutrition Services (FNS) of the United States Department of Agriculture (USDA) administers the program. B. State Administration In Minnesota, the Minnesota Department of Human Services, Office of Economic Opportunity (DHS-OEO) administers the TEFAP program. C. Local Administration DHS-OEO contracts with Hunger Solutions Minnesota (HSM), which distributes administrative funds and allocates and tracks commodities. Hunger Solutions Minnesota has an agreement with each of its member food banks to distribute USDA commodities to eligible recipient agencies (ERA s) food shelves and emergency feeding organizations (EFO s). Member agencies of the food banks that are deemed eligible for distributing TEFAP commodities can receive commodities for distribution to low-income individuals and families. Sites must comply with membership agreements with Hunger Solutions Minnesota and Feeding America Food Banks. Distribution sites must certify that it is either a public or a non-profit organization and will submit certification of status as requested. According to Federal Law, a non-profit organization that may receive TEFAP commodities is one that: Has obtained recognition of tax-exempt status under the Internal Revenue Code; or Has made application for recognition of such status and is moving toward compliance with the requirements for recognition of tax-exempt status; or 10

11 Is currently operating another Federal program requiring tax-exempt status. Grantees receiving funds from the Minnesota Food Shelf Program must also deliver TEFAP, to ensure program coordination and effectiveness. The distribution site must design distribution site access to meet community and cultural needs, in a permanent location with appropriate food storage and provide food with enough variety to constitute meals for persons in need. The distribution site must complete intake information to ensure participants are eligible and allow recipients access to food at least one time each month. Food shelves new to the distribution of TEFAP will be given provisional status by the food bank until compliance with all regulations can be assured. II. PROGRAM REQUIREMENTS Agency and Household Eligibility Agency Eligibility Food shelves eligible to receive TEFAP commodities for distribution must: Be a public or nonprofit organization. Provide food to persons in need. Have read and signed the Minnesota TEFAP Site Distribution Agreement. Household Eligibility TEFAP Income Eligibility is 200% of the Federal Poverty Guideline. DHS-OEO annually provides Feeding America Food Banks and food shelves with updated federal poverty guidelines. Self-Declaration of Household Makeup and Income The State of Minnesota accepts self-declaration as a means of documenting eligibility. No other documentation is needed to meet TEFAP requirements. Persons receiving USDA food products from a food shelf must sign the appropriate signature sheet to attest that they meet the income eligibility guidelines. The only other allowable factor of eligibility is residency in the State of Minnesota. Signing the signature sheet places responsibility on the recipient for their own eligibility. Food shelves are not required to verify client income. A household can selfdeclare that their income falls within the income limits. Clients may qualify to receive USDA TEFAP commodity food if they are participating in any of the programs listed on the TEFAP form. People are eligible for TEFAP commodity food in an emergency situation or distress due to a disaster as determined by DHS-OEO. 11

12 Clients must sign the TEFAP eligibility form once per year. However, food shelves must keep a record of names and household information each time a client receives TEFAP. It is recommended that clients provide a signature upon receipt of TEFAP food. The TEFAP eligibility forms and household information must be kept on file for six years in compliance with Minnesota law. Distribution sites may (but are not required to) ask for proof from recipients that they reside within the distribution site s designated area of service. Driver s License, state identification card, and utility bill with recipients address or any item that verifies recipient s identity and residency are allowed. Only one form of documentation is needed and does not need to include a photo. Distribution sites may not ask for social security numbers, pay stubs or income data from recipients. The State of Minnesota uses an affirmative declaration for households to self-declare household makeup and income. In some instances, food shelves request additional information from program participants to provide other types of services, such as housing assistance, medical care, or clothing. If the participant wants only to receive TEFAP commodities, the food shelf must use the state-established criteria (TEFAP Form) in order to determine eligibility for participation in the program. Civil Rights and ADA Compliance and Complaint Procedures Food shelves receiving TEFAP commodities must be in compliance with USDA Civil Rights Regulations and the Minnesota Human Rights Act. In accordance with Federal law and USDA policy, food shelves are prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. In accordance with the Minnesota Human Rights Act, agencies must not discriminate on the basis of race, color, creed, national origin, sex, religion, age sexual orientation, marital status, status with regard to public assistance, disability or age. Food shelf staff and volunteers must receive annual training on the Civil Rights in accordance with FNS Instruction Local agencies must post a complaint notice with a telephone number advising clients that they may contact the Minnesota Department of Human Rights ( ) or the food bank in the event of a complaint. Food shelves are required to comply with the Americans with Disabilities Act (ADA). DHS-OEO requires that local agencies have an ADA plan on file. The ADA requires that barriers that prohibit people who are disabled from obtaining TEFAP commodities be removed if readily achievable, that is, without great difficulty or expense. The primary goal should be to allow 12

13 access to the services provided by the site if access to the facilities cannot be achieved. DHS-OEO will assist local agencies to comply with Civil Rights and ADA requirements. To file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found at: or at any USDA office, or call (866) to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, DC , by fax (202) or at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) , or (800) (Spanish). USDA is an equal opportunity provider and employer. The And Justice For All poster must be posted in clear view of all TEFAP Clients. Reports of alleged discrimination should be mailed to the USDA address listed on the poster. DHS-OEO may be assigned to investigate such allegations on behalf of USDA. A written grievance procedure must be posted where it can easily be seen by recipients. A policy must be in place, approved by the board and posted for recipients to know the process to use should there be a grievance Access for non-english speakers Entities that administer TEFAP are prohibited from providing unequal treatment in priority, quality or method of service. To ensure meaningful access for people with limited English proficiency, service providers must make free language assistance available that results in accurate and effective assistance. A mix of language assistance services should be based on what is reasonable and necessary in the area served to ensure meaningful access by Limited English Proficiency (LEP) customers to critical services. This requirement relates to participants who cannot or do not make an appointment for services for any reason including for participants who do not speak English or English is not a first language. 13

14 Food Shelf Boundaries Food shelf boundaries can be set for resource and donation purposes. Eligible recipients should be able to access TEFAP commodity food regardless of their address. USDA Regulations require only that households must reside in Minnesota, Section 251.1(b)(3). Food shelves must serve any eligible Minnesota resident on the first visit and then refer them to the food shelf in the clients service area. However, the food shelf may continue to serve an eligible recipient from outside the service area if the client is unable to access food due to their circumstances or to limited access in their designated area. Emergencies/Disaster Response There should be an analysis of need in the area and food shelf access should be designed to meet that need. Examples of services that demonstrate ability to respond to emergencies and need include having: a published phone number which states hours of operation, location and what to do in an emergency, food shelf hours of operation at least twice a week, and opportunity to access the food shelf more than once a month in an emergency. Food shelves with very limited access must demonstrate the ability to meet the needs of the community in order to receive state food shelf funding and TEFAP. Donated Items The distribution site must distribute private, donated or purchased food in conjunction with USDA commodities. Supplemental Nutrition Assistance Program (SNAP) The distribution site must have SNAP (Food Stamp/Food Support) information and referrals available, consistent with federal TEFAP requirements. Intake Process Distribution sites must maintain an intake process that allows a pathway for people that want only food, for walk-ins, for people who do not speak English, and for homeless people who may not have access to a phone or means to make an appointment. Consultation with an intake worker must be voluntary and cannot be required in order to receive food in accordance with USDA Regulations 7CFR Part Limitation on unrelated activities. USDA Federal Regulations do not allow TEFAP distributions sites/food shelves to place additional requirements for participants, in addition to requirements stated in this document. Additional forms, meetings with intake workers and other processes must be voluntary. There must be a pathway 14

15 for participants to access food with the lowest possible barriers in compliance with USDA s limitation on unrelated activities. Full and meaningful access for all participants including walk-ins, homeless or others without a phone or participants who do not speak English and may not be able to make an appointment on the phone, is required. The Minnesota Food Help Line ( ) is available to offer emergency translation services. Fees Distribution sites cannot charge fees or require membership as a condition for receipt of commodities. Requests for donations, donation boxes, bins, envelopes, etc., shall not be in view, or accepted at the time of client service. The requirement of membership in any organization (church, political, fraternal, union, block club, etc.) or attendance of same as a requisite for receipt of commodities is not allowed. Solicitation and Membership Required Clients may not be solicited for contributions and may not be required to attend, participate or join the organization distributing the food. Eligibility is based solely on income and state residency. Data Privacy The distribution site must maintain a signed data privacy notice (Tennessen Warning) for each participant that conforms to the Minnesota Statutes, Chapter 13, section and includes all required elements in the law. Food shelves should not discuss private information with other providers. If such discussions are needed, a legal Release of Information document must be signed and dated in compliance with all required elements in the law, Minnesota Statutes, Chapter 13, sections Training Distribution site personnel are expected to attend training and meetings sponsored by DHS-OEO, Hunger Solutions Minnesota and Feeding America Food Banks in order to ensure compliance with USDA Civil Rights, and other state and federal regulations. Fraud The sale, exchange, or use of commodities for personal gain or use as a means to further the political interest of any individual or party or any other form of fraud or abuse of commodities is subject to Federal and State prosecution. 15

16 Publicity The distribution site agrees it will publicize within its designated area the hours the site is open to make potential participants aware of the availability of food assistance. Methods to publicize hours include, but are not limited to, placing notices in local newspapers, posters or pamphlets. Distribution sites must have a phone message informing clients of hours of services provided and must advise the food bank of regularly scheduled hours of operation. Homeless Distribution sites must to serve homeless recipients and use discretion in providing the types of foods that are appropriate, easy to use and prepare. Homeless persons may lack documentation to verify identity or residence. In case of lack of documentation for homeless persons, the distribution site should indicate none in the address section of the signature sheet. Investigations Distribution sites agree to cooperate fully with DHS-OEO in the investigation of all complaints received in connection with the distribution of commodities. The distribution site agrees to correct any irregularities disclosed. The distribution site shall report promptly, in writing to the food bank and to DHS-OEO detailing all corrective measures taken. Sale of Commodities USDA requires agencies to give commodities to eligible households at no charge. Selling commodities or trading commodities for services is strictly prohibited. Violators are subject to Federal and/or State prosecution. Political Activity Political activity in any form is prohibited during commodity distribution. Candidates may not make political appearances at distribution site s hours of service. Campaign literature and signs must not be evident. Bags or boxes advertising candidates or political causes may not be used to carry commodities and staff may not wear buttons or political inspired apparel. Religious Proselytizing Religious proselytizing in any form is prohibited at the time USDA TEFAP commodity food is being distributed. TEFAP distribution sites may not require any religious activities or religious instruction in order for a participant to receive a food package or a prepared meal containing USDA commodity food. DHS- OEO may be assigned to investigate such activities or allegations. 16

17 Commodities as Compensation Volunteers and staff are entitled to USDA products only if they meet income eligibility requirements. Eligible volunteers and staff may not be given extra food to encourage their help. Issue rates established by the outlet must not be exceeded for volunteers. Limitation on Unrelated Activities Activities unrelated to the distribution of TEFAP foods or meal service may be conducted at distribution sites as long as the person conducting the activity makes clear that the activity is not part of TEFAP and that receipt of TEFAP food is not conditional on participation in such activities and is not endorsed by TEFAP. Impermissible activities include information not related to TEFAP placed in or printed on bags, boxes, or other containers on which commodities are distributed. Recipes or information about dates of future distributions, hours of operations, or other Federal or State, or local government programs or services for lowincome households may be distributed without a clarification that the information is not endorsed by USDA. It must be clear that cooperation in unrelated activity is not a condition of receipt of TEFAP commodities (cooperation includes contributing money, signing petitions, or conversing with a person). The activity must not be conducted in a manner that disrupts the distribution of TEFAP commodities or meal service. Voter Registration Non-partisan voter registration information is available to employees, program participants and the public in accordance with Minnesota Statutes, section III. REPORTING REQUIREMENTS All records regarding receipt and distribution of TEFAP must be retained for six years following the end of the TEFAP grant period to which they pertain in accordance with Minnesota Statutes, section 16C.05, subdivision 5. This requirement includes client data records. 17

18 Quarterly Statistics Food shelves must submit information by the 10 th day of the 2 nd month following the reported month (e.g., reports for June are due August 10). Food banks may have a different reporting requirement from their partner agencies in order to meet the food bank reporting deadline. Statistics required from food shelves are, number of: adults children seniors households pounds of food distributed Statistics required from on-site meal programs are, number of: clients meals snacks Operational Records Food shelves shall collect operational records as are necessary for USDA, DHS-OEO and food banks to monitor services provided under this agreement. If the distribution site utilizes volunteers to assist in distribution of food, all volunteers will be properly trained on the completion of all records and forms. The record keeping requirements for food shelves are: Signatures and addresses of clients receiving commodities for household use. The total number of adults, children, seniors, households served and the total pounds distributed each month. Soup kitchens/on-site feeding and homeless shelters must count the total number of clients, meals and snacks served each month. IV. FOOD STORAGE AND HANDLING When delivery of commodities occurs, the food shelf assumes responsibility for the safekeeping of commodities until the commodities are given to eligible recipients. This obligation includes proper distribution and any loss or damage caused by failure to provide proper storage, care and handling. DHS-OEO may require the food shelf to replace donated food in kind or re-pay the value of the donated food as determined by USDA. Losses must be immediately reported to DHS-OEO and the food bank. 18

19 The food shelf must have secure and adequate facilities for proper storage and distribution for all commodities. Storage facilities and temperature must meet state and local health department standards. The food shelf must assure that foods are held in a secure, adequate and proper storage facility prior to distribution. Storage is to be rodent and insect free. General Principles of Food Storage and Handling Food storage should provide protection from weather, fire, theft and pests. Aisles between pallets should be wide enough to provide easy access for inspection, inventory and pulling of product. All USDA commodities are to be stored at the food shelf. Food shelves must follow good warehouse and storage practices and meet applicable rules and regulations. Practices include, but are not limited to: Keep food six inches off the floor, on pallets, platforms or shelves. Keep food four inches away from walls to allow good air circulation and pest control. Keep non-food items separate from food. Toxic items (soap, bleach, cleaning supplies, etc.) must be kept separate from food items. Keep floors, pallets and shelving clean. Keep doors, windows, and roofs well sealed to prevent pest entry and water damage. Maintain a good pest control system. Have a qualified person on staff or contract with a licensed firm to handle pest control management. Maintain equipment, regularly check for leaky compressors in freezers and refrigeration units; hydraulic forklift leaks, etc. Maintain proper temperatures. Thermometers must be kept in the freezer, and refrigeration units and dry storage areas. Maintain temperature logs. Storing Dry Commodities Dry commodities must be stored: In cool areas (50 to 75 degrees F). Away from direct sunlight. At a minimum of six inches off the floor. At least four inches away from walls. With at least a two foot ceiling clearance to avoid high temperatures at ceiling; and storage area must be clean, secure and inspected regularly. Storing Refrigerated and Frozen Commodities Commodities requiring refrigeration must: Be kept at temperatures between 34 to 40 degrees F. Be stored allowing for proper air circulation; and be stored in a refrigeration 19

20 unit that is clean and inspected on a regular basis. Frozen commodities must: Be stored in a freezer that can maintain a temperature below 0 degrees F. Be stored to allow for proper air circulation. Be stored in a freezer unit that is clean and inspected on a regular basis. Food Bank Storage Guidelines for Stacking Commodities The basic rules for stacking commodities are: Limit the height of the stack so cases of food on the bottom layers will not be crushed: cross-stack cases on pallets to ensure the stack will be sturdy and solid and will not tip when being moved. Shrink wrapping provides added stability. Stack cases away from potential damage by heat, steam or water. Maintenance nance of f Storage Area An ongoing system of pest control is required. Rodent controls such as traps and glue boards are recommended. Place traps along walls and near doorways, moving the traps monthly. Poisons must not be used except by a licensed professional. Prevent rodent infestation by thoroughly cleaning and maintenance. Ensure there is a cleaning schedule established listing the frequency of cleaning for each location. Floors, including under pallets, should be swept and cleaned at least monthly. Floors in high traffic areas require regular cleaning. Areas spoiled by spillage or breakage must be cleaned immediately. Broken pallets should be discarded and dirty pallets cleaned. The exterior should be inspected regularly for signs of fire hazards, pest infestation, security problems and repairs. Garbage, waste or rubbish must be disposed of frequently and not allowed to become nesting areas for pests. Rotation of f Stock To help assure the quality and freshness of USDA commodities, the practice of first in/first out (FIFO) must be followed. Food must be stored so cases with the oldest pack dates are used first. All USDA commodities have the pack date on the case. Pack dates or lot numbers are also printed, stamped or embossed on individual cans or containers. Staff must routinely asset inventory levels to assure that supplies are reasonable and appropriate for distribution activities. V. DAMAGED AND OUT-OF OF-CONDITION ONDITION PRODUCT Out-of-condition product(s) are those commodities, which appear to have come from the packer contaminated, deteriorated, spoiled, infested or having latent 20

21 defects. All commodities must be inspected upon receipt. Bulging cans or cans with sharp dents and rust on the seams are examples of out-of-condition products. If foreign matter such as glass or metal is found in a product, this should be treated as an emergency. Contact the DHS-OEO TEFAP Coordinator, Ty Morris, or ty.morris@state.mn.us immediately. All out-of-condition losses must be reported to DHS-OEO TEFAP Coordinator, Ty Morris immediately. The following information is required: Recipient Agency Name Recipient Agency Address State Product Received Contact Person Title Phone Number Date of Complaint Filed Commodity Name Description of Problem/Complaint Reason for Complaint Contract Number, Delivery Order, N/D Number Lot #, Box #, Can Codes #, Pack Date, Ship Date Date Product Received, Amount Received, Amount on Hold Vendor (if known) Is Product Under Warranty: Yes No? This information should be completed on the Damage, Out-of-Condition, or Lost Commodities form. As much information as possible concerning the product should be gathered. Do not dispose of any out-of-condition commodities until advised to do so by DHS-OEO. In some instances, USDA will require samples of the out-of-condition product. When conditions present a health hazard to food stored nearby, (exploding cans, infestation of grain products, etc.) the out-ofcondition product must be isolated. For additional information about warehousing food, contact county or local health departments. DHS-OEO will notify each Food Shelf within 24 hours via phone or , after receiving a FOOD SAFETY ALERT. Food shelves must respond by phone or to the DHS-OEO office that notification was relayed to individual outlets. 21

22 VI. COMMODITY LIABILITY When physical delivery of commodities is taken, the food shelf assumes responsibility for the safekeeping of product. The food shelf also assumes responsibility for the value of the commodities should loss occur due to negligence in storage, theft, and/or handling. Although commodities are provided without cost by USDA, there is a value assigned to each product that includes USDA s cost of purchasing, processing and distribution of the commodity to states. In order to guarantee quality and safety, each food shelf is responsible for the proper storage and handling of USDA commodities. Premature deterioration of commodities is often the result of improper storage conditions and practices. Every effort must be made to reduce loss due to spoilage, pest infestation and theft by following accepted warehousing methods. This action not only ensures quality products being distributed but also protects the food shelf from claims action by the State of Minnesota or USDA to recover the value of the spoiled or lost product. Food shelves will not be held liable for product quality except in cases of negligence on their part. Food shelves will be held liable if they knowingly distribute commodities that are spoiled, especially if the spoilage occurred because of negligence on their part. Contact the state TEFAP Coordinator, Ty Morris, or ty.morris@state.mn.us for procedures of replacement. VII II. RE-PACKING PROHIBITED USDA products may not be repackaged unless specific instructions to the contrary are issued by the TEFAP Coordinator, Ty Morris. VIII. MONITORING Distribution sites agree to cooperate in monitoring activities and will implement and comply with remedial action proposed including representatives of USDA, DHS-OEO, Hunger Solutions Minnesota, food banks or any agency designated by DHS-OEO to observe food distribution to recipients, to examine distribution sites, storage facilities, commodities in storage, as well as pertinent records. Visits may be made at any reasonable time during normal hours. Monitoring Local Agencies by Food Banks Food banks must monitor at least 25% of agencies that receive TEFAP commodities as part of their TEFAP agreement with Hunger Solutions Minnesota. A copy of the food bank monitoring form is included. 22

23 Food Banks must inform Hunger Solutions Minnesota of which agencies are monitored, and Hunger Solutions Minnesota will report on the monitored agencies to DHS-OEO at the end of the calendar year. Monitoring Local Agencies by DHS-OEO Each year, DHS-OEO will conduct a review of 10% or 20 food shelves, determined by a risk based assessment. At least half must be those that that are most at risk as determined by a survey of Hunger Solutions Minnesota, food banks and local providers. The other half will be selected at random. The following will be included in the review: Program eligibility requirements and intake process. Food storage including, cleanliness, appropriate temperatures, locked area if needed, and pest control measures. Compliance with the State Human Rights Act, the Age Discrimination Act of 1975, the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, as amended; copies or explanation of these in the appendix including LEP. Display of the AND JUSTICE FOR ALL poster. The poster is available from DHS-OEO. Voter registration information. Records regarding receipt and distribution of TEFAP for six years following the end of the TEFAP grant period to which they pertain. This includes client data records. SNAP (Food Stamp/Food Support) information for clients. Food shelves must not sell USDA commodities or require participation in non-tefap program activities. A signed current TEFAP Site Distribution Agreement. 23

24 FOOD SHELF MONITORING FORM The Emergency Food Assistance Program (TEFAP) Minnesota Department of Human Services-Office of Economic Opportunity (DHS-OEO) GENERAL INFORMATION Food Shelf: Date of Review : Address: Mailing Address (if different): Director: Phone: Address: Person Interviewed: Position: Board Chair: Mailing Address: SERVICES PROVIDED Days and hours of service: Geographical area served: How often may a person or household receive food? Is an appointment needed to receive food? How are non-english speakers handled on the phone? What is the process for walk-ins: How many days of food are typically provided? Basket weight: Number of individuals served on a monthly basis (average)? 24

25 What is the procedure for serving homeless individuals/families? Is food assistance limited by any of the following? Storage space Funding Food Availability of Staff / Volunteers What are the major sources of funding? What items are distributed? Dairy USDA Commodities Non-foods / Personal care items Fresh produce Frozen foods Dry goods Other sources of food: Does the Food Shelf provide other services? PARTICIPANT RECORDS What is the intake or application process required for a household to receive food assistance? What is the process for households who only want food? Is eligibility determined as per Minnesota State guidelines? How is income eligibility information obtained from recipients? Is proof of residency required from recipients? How long are USDA TEFAP records retained? Is a Data Privacy Notice used? Is it in compliance with Minnesota Statutes? 25

26 Is there a copy of the Data Privacy Notice in client files? Are client files kept locked and in a secured location? USDA COMMODITY INFORMATION Does the food shelf have an updated and signed TEFAP Site Distribution Agreement? Are monthly statistics on file and reported to regional food bank? Is USDA commodity food distributed on a timely basis? (first in/first out) Is the And Justice For All poster displayed in an area easily viewed by recipients? Is the voter registration sign posted? Are materials available? (State Requirement) Are SNAP (formerly Food Support) resources available to recipients? Is there an Americans with Disabilities Act (ADA) accessibility plan on file? Does the Food Shelf have a written Grievance Policy in place? Explain procedure: Civil Rights Have Food Shelf staff/volunteers received annual Civil Rights training? Would you like additional information or training on Civil Rights? Do you have questions or concerns about Limited English Proficiency (LEP)? * Additional resources available at: How does the food shelf serve recipients who do not speak English? Is there a Limited English Proficiency (LEP) plan in place? Has the food shelf received any Civil Rights complaints in the last 12 months? If yes, explain all complaints or concerns in detail: 26

27 STORAGE FACILITIES Dry storage area: Freezer storage: Temp (0º or below) Refrigerator storage: Temp (34º- 40º) Is storage adequate for foods received from the food bank? How often does the food shelf receive products from the food bank? Is access limited to food storage area? Is food stored off the floor? Is the area clean? Is there evidence of rodents, insects, or other problems? If yes, explain: Do you have storage questions or concerns? COMMENTS/RECOMMENDATIONS Do you have questions regarding areas not discussed? Are additional resources needed? Comments and Recommendations by Field Representative: Signature of DHS-OEO Field Representative Date 27

28 (Sample) The Emergency Food Assistance Program (TEFAP) Form Eligibility Form Required By USDA - English (Name of Food Shelf or Distribution Site) Name: Address: Number of Persons in Household: I am eligible to receive TEFAP commodity food because I am a Minnesota resident, and I receive or participate in the following services and programs, OR, because my income is 200% or less of the Federal Poverty Guidelines. *Eligibility is granted to all persons in situations of emergency and distress due to disasters. Please check the program(s) in which you participate: MFIP Energy Assistance SSI Child Care Assistance GA Reduced or free lunch or breakfast WIC Transitional Housing MAC Section 8 NAPS Weatherization Head Start SNAP / Food Support / Food Stamps MN CARE Income Eligibility: (200% of Federal Poverty Guidelines) Family size Annual Income One $23,340 Two 31,460 Three 39,580 Four 47,700 Five 55,820 Six 63,940 Seven 72,060 Eight 80,180 Add $8,120 of allowable income for each additional family member. Signature Date In accordance with Federal law and U.S. Dept. of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Rom 326-W, Whitten Bldg., 1400 Independence Avenue, SW, Washington, DC or call toll free (202)

29 (Sample) The Emergency Food Assistance Program (TEFAP) Eligibility Form Required By USDA - Hmong (Lub npe ntawm lub koos haum muab zaub mov) Koj lub npe: Koj qhov chaw nyob: Koj muaj pes tsawg leej neeg nyob rau hauv koj tsev: Kuv yog ib tug pej xeem uas txoj cai pub thov zaub mov los ntawm qhov chaw (TEFAP uas yog nom tswv cov zaub mov pub dwb) thiab vim kuv yog ib tug pej xeem nyob rau lub lav Minnesota, thiab kuv tau txais kev pab los ntawm cov koos haum uas muaj kev pab rau cov neeg txom nyem, los yog vim kuv cov nyiaj txiag uas khwv ib lub xyoo tau tsawg tshaj 200% qhov txoj cai nom tswv (Federal) tau teev tseg. *Txoj cai hais txog txoj kev pab dawb yuav muab pab rau txhua tsev neeg los yog ib tug neeg twg uas teeb meem tau tshwm sim los yog tau txais kev txom nyem nyob rau hauv nws tsev neeg. Thov koj sau cov koos haum uas koj tau txais kev pab: MFIP Energy Assistance SSI Child Care Assistance GA Reduced or free lunch or breakfast WIC Transitional Housing MAC Section 8 NAPS Weatherization Head Start SNAP / Food Support / Food Stamps MN CARE Txoj cai hais txog cov nyiaj uas pub thov tau kev pab dawb yuav tsum yog 200% los ntawm nom tswv (Federal) txoj cai uas tau teev tseg. Tsawg leeg neeg nyob hauv koj tsev. Koj cov nyiaj uas ib lub xyoo koj tsev neeg khwv tau. One $23,340 Two 31,460 Three 39,580 Four 47,700 Five 55,820 Six 63,940 Seven 72,060 Eight 80,180 *Nciv $8,120 rau txhua leej neeg nyob hauv koj tsev neeg. Signature Date *Raws li txoj cai tau teev tseg nyob rau hauv Federal Law thiab U.S. Dept. of Agriculture yeej txwv tsis pub cais ib tub neeg twg vim yog nws lub ntsej lub muag txawv, daim nqaij daim tawv txawv, tsis hais poj niam los yog txiv neej, hnub nyoog, los yog neeg ua tsis taus noj taus haus. Yog koj muaj kev tsis txaus siab, koj sau ntawv mus rau USDA, Director, Office of Civil Rights, Room 326-W, Whitten Bldg., 1400 Independence Avenue, SW Washington, DC los koj hu rau tus xov tooj (202)

30 (Sample) Чрезвычайная помощь пищевых продуктов (TEFAP) Анкета права потребная USDA - Russian (Имя склада продуктов или места распределения) Имя и фамилия: Адрес: Число лиц в доме: Я имею право получить продукты TEFAP потому, что я резидент Минесоты, и потому, что я получаю следующие службы или участвую в следующих программах, ИЛИ мой доход 200% или меньше, чем федеральные директивы бедности. * Право дарно всем людям в аварийной ситуации или дистресса из-за бедствия. Пожалуйста напишите галочку рядом с программами в которых вы участвуете: MFIP Помощь с счётами за электричество или гас SSI Помощь с уходом за детьми GA Льготные или безплатные школьные питания WIC Переходное жильё MAC Section 8 NAPS Weatherization Head Start Помощь с продуктами / Провольственные талоны MN CARE Income Eligibility: (200% of Federal Poverty Guidelines) Число лиц в семьи Ежегодный доход Один $23,340 Два $31,460 Три $39,580 Четыре $47,700 Пять $55,820 Шесть $63,940 Семь $72,060 Восемь $80,180 Прибавляете $8,120 позволительного дохода за каждого дополнительного члена семьи. Подпись: Дата В соответствии с федеральным законом и политикой министерства сельского хозяйства США, это учреждение запрещаются от дискриминации из-за расы, национального происхождения, пола, возрасти, или инвалидности. Чтобы хранить жалобу дискриминации, напишите USDA, Director, Office of Civil Rights, Room 326-W,Whitten Bldg,1400 Independence Avenue, SW Washington, DC , или позвоните (202)

31 (Sample) Barnamijka Cawinaada Cutada Degdega ah (TEFAP) Warqad Cadinaysa In Add U Qalanto Ka USDA - Somali (Magaca Mesha Cutada Lagu Qaybiyo) Magaca: Cinwaanka: Inta qofood ee reerku ka koobanyahay: Waxaan u qalma in aan helo TEFAP cuntada la beero waayo waxaan ahay qof degan Minneasota, waxaana helaa 31m aka qayb qaataa barnamijyada takulaynta ee soo socda, sida waxaa u sabab ah dhaqaalahayga ayaa ka hosaya 200% goorood xadka saboolnima ay dowlada sare u qandicisay. *Aqoonsiga waxa laga balanqaaday dadka ku sugan dhibaato kutim shi. Fadlan ka doro barnamijka aad ka qaybgasho/ka qaybgashid: MFIP Energy Assistance SSI Child Care Assistance GA Reduced or free lunch or breakfast WIC Transitional Housing MAC Section 8 NAPS Weatherization Head Start SNAP / Food Support / Food Stamps MN CARE Dhaqaale u qalan: (200% u dowlada Maraykan aqoonsigeeda saboolka) Tira koob qoys Dhaqaalaha Sanadaka ku soo Gala Hal $23,340 Labo 31,460 Saddex 39,580 Affar 47,700 Shan 55,820 Lix 63,940 Todoba 72,060 Sideed 80,180 Intaa ugu siyaadi $8,120 dhaqaalaha qofkasta u ka mid ah qoyska. Saxic Taariikh Iyadoo la tix raacayo dowlada Maraykan qawaaniinteeda iyo wakaalada beeraha xeer keeda, hay adanu waxaa ka mamnuucah eexasho qolala, midab, qarni abtris, wiqis, de a ama tabar daro ku sa laysan. Hadad intaa midkood ka cabanaysid, u qor USDA, Director, Office of Civil Rights, Room 326-W, Witten Bldg., 1400 Independence Avenue, SW Washington, DC or call toll free (202)