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Food Distribution Program Tables

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For information on all Food Distribution programs (and on food distributed in child nutrition programs), see the USDA Foods home page. Here you can access regulations, information on available commodities, and links to other agencies concerned with USDA Foods distribution.

National Level Summary Tables

Fiscal Years 1969-2024

  • Cost of Food Distribution Programs
    Nutrition Services Incentive Program (NSIP, formerly Nutrition Program for the Elderly), Food Distribution on Indian Reservations (FDPIR), Commodity Supplemental Food (CSFP), Emergency Food Assistance (TEFAP)
  • Participation (FDPIR and CSFP) or Meals Served (NSIP)

State Level Tables

Fiscal Years 2020-2024

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Food distribution program data.

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Page updated: December 23, 2025

WIC Participant Access to Authorized Vendors Study - Part 1

The USDA’s Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Participant Access Study is a two-part study series designed to provide insight into the current geographic coverage and density of WIC retailers1 across the United States and to assist states in ensuring they are providing adequate participant access to WIC foods in their communities.

Key Findings

Retailer participation in WIC declined between 2015 and 2020, but has remained steady through 2022.

  • In FY 2022, there were 40,377 WIC retailers (i.e., grocery stores, referred to as “vendors” in WIC). Among these WIC retailers, over two-thirds were super stores or supermarkets. Other retailer types, such as grocery stores or convenience stores, were less common.
  • Although the total number of WIC retailers decreased by 15% (from about 47,000 to 40,000) between FY 2015 and FY 2022, most reductions occurred prior to FY 2020. Around 80% of this decline was attributed to smaller retailers. It is important to note that this decline occurred in the period leading up to the 2020 WIC Electronic Benefits Transfer (EBT) mandate.
Bar graph showing the decline in WIC-authorized retailers from fiscal year 2015 to fiscal year 2022. The graph shows a decline in retailers from 2015 to 2020 and a steady trend from 2020 to 2022.
Figure 1. Number of USDA's WIC Food Retailers, FY 2015-22

 

More than half of WIC-eligible families have convenient access to a WIC retailer but some still lack access.

  • This study explored whether WIC-eligible families have convenient access to a WIC retailer based on USDA definitions of access.1 In FY 2022, 55% of census tracts2 had convenient access to a WIC retailer. On average, census tracts had convenient access to 2.3 WIC retailers.
  • Among the 50 states and DC, we estimate that 2.1 million WIC-eligible families did not have convenient access to a WIC retailer in FY 2022. This represents nearly half (45%) of the WIC-eligible population.
  • Just over one-third (34%) of WIC-eligible families living in census tracts with high social vulnerability3 lacked convenient access to a WIC retailer.
A map of the U.S. showing the percentage of WIC-eligible families without convenient access to a WIC retailer. States are shaded according to four categories of percentages, with the lightest color showing states that have less than 25% and the darkest color showing states that have more than 50% of WIC-eligible families without convenient access.
Figure 2. Percentage of WIC-eligible families without convenient access to a WIC retailer.

 

Some optional state policies are associated with lower convenient access to WIC retailers.

  • In FY 2022, thirty-four state agencies (38%) imposed limiting criteria,4 which determine the maximum number and distribution of retailers authorized. State agencies use these criteria to limit the number of stores they authorize so they can effectively manage, oversee, and review their authorized retailer population. Some examples of limiting criteria include vendor/participant ratio and vendor/geographic area (e.g., number per mile or ZIP code).
  • The average number of WIC retailers within convenient access to WIC-eligible census tracts was consistently lower in areas with limiting criteria. Among the 50 states and D.C. using limiting criteria, there were 1.4 WIC retailers within convenient access, on average, compared with 2.1 retailers in states without limiting criteria (Figure 3a).
  • Nearly all state agencies (98%) used optional vendor selection criteria4 (e.g., requirements regarding specific hours of operation, proof of authorization as a SNAP retailer, and requirements to stock a full range of foods in addition to WIC foods), in addition to required vendor selection criteria, when determining which retailers to authorize in FY 2022.
  • State agencies that used optional selection criteria had slightly higher average numbers of retailers within convenient access to WIC-eligible census tracts than states without these criteria. States adding requirements for retailers to stock a full range of foods (i.e., full-service grocery stores) were the only exception among the 50 states and D.C.; states that used this additional criterion had fewer retailers within convenient access to a census tract, on average, than states that did not (1.6 compared to 2.4 retailers) (Figure 3b).
Bar chart shows among the 50 states and D.C., an average of 1.4 retailers within convenient access for state agencies that imposed any limiting criteria compared to 2.1 among those that do not use limiting criteria. Among the ITOs and Puerto Rico, there is an average of 0.8 retailers within convenient access among those agencies that use limiting criteria compared to 1.4 retailers among those that do not use limiting criteria.
Figure 3a. Average number of WIC retailers within convenient access to WIC-eligible census tracts based on state agency application of limiting criteria.
Bar chart shows proof of authorization, average number of retailers is 1.9 among agencies using this criterion compared to 1.7 among those that do not. Hours of operation, average number is 1.9 among agencies implementing this criterion compared to 1.8 among agencies that do not. When states elect to require retailers to stock a full range of food, the average number of vendors is 1.6 but increases to 2.4 in agencies that do not require this.
Figure 3b. Average number of WIC retailers within convenient access to WIC-eligible census tracts based on state agency application of selection criteria.

Why FNS Did This Study

WIC state agencies are responsible for authorizing and overseeing retailers that accept WIC food benefits. They must establish selection criteria that dictate the qualifications for retailers that may be authorized, in accordance with federally mandated criteria. Federal regulations (7 CFR 246.12) require state agencies to authorize a sufficient number and distribution of retailers to ensure adequate participant access to supplemental foods. In 2022, we observed a decline in the number of WIC authorized retailers since 2015 and, in response, issued a policy memorandum to encourage state agencies to assess their WIC retailer populations and “ensure that the appropriate number and distribution of vendors are authorized to support participants’ access to supplemental foods”. This study was conducted to understand the current geographic coverage and density of WIC retailers across the United States and how state agency policies and the composition of retailers may affect participant access to supplemental foods.

How FNS Did This Study

  • To map and analyze the geographic distribution of WIC and SNAP retailers across the U.S., the study team obtained administrative data that described retailer locations, store types, and WIC state agency retailer selection policies from the following FNS data sources: The Integrity Profile (TIP), Food Delivery Portal (FDP), Store Tracking and Redemption System (STARS), and WIC State Plan data. To supplement the FNS administrative data sources and capture variation in urbanicity, food access, and social vulnerability, data were obtained from the Centers for Disease Control (CDC), Economic Research Service (ERS), and the American Community Survey (ACS).
  • This study explored two primary measures of food access: 1) Convenient access, a proximity-based measure defined as the availability of at least one WIC retailer within a one-mile driving distance in urban areas and a 10-mile driving distance, and 2) Average number of WIC vendors within convenient access of a census tract to differentiate between different levels of access to WIC.
  • The study examined these measures overall and by a variety of census tract-level characteristics, including by urbanicity; low-income; and social vulnerability status.

Suggested Citation

Sarah Bardin, Tracy Vericker, Addison Larson, Dory Thrasher, and Nathan Chesterman (2025). WIC Participant Access Study: Part 1; Final Report. Prepared by Mathematica, Contract No. 12319819A0006. Alexandria, VA: U.S. Department of Agriculture, Food and Nutrition Service, Office of Evidence, Analysis, and Regulatory Affairs, Project Officer: Kathryn Knoff. Available online at: https://www.fns.usda.gov/research/wic/participant-access-vendors-part1.


1 Convenient access is a USDA Economic Research Service proximity-based measure defined as the availability of at least one WIC retailer within a one-mile driving distance in urban areas and a 10-mile driving distance in rural areas.
2 A census tract is defined by the United States Census Bureau as “a small, relatively permanent statistical subdivision of a county delineated by a local committee of census data users for the purpose of presenting data. Census tracts nest within counties, and their boundaries normally follow visible features, but may follow legal geography boundaries and other non-visible features in some instances, Census tracts ideally contain about 4,000 people and 1,600 housing units.”
3 Social vulnerability refers to the demographic and socioeconomic factors (such as poverty, lack of access to transportation, and crowded housing) that adversely affect communities that encounter hazards and other community-level stressors.
4 Per federal regulation, the state agency may establish criteria to limit the number of stores it authorizes. The state agency must apply its limiting criteria consistently throughout its jurisdiction. Any vendor limiting criteria used by the state agency must be included in the State Plan in accordance with § 246.4(a)(14)(ii).
5 Per federal regulation, vendor selection criteria are established by the state agency to select individual vendors for authorization consistent with the requirements in § 246.12(g)(3) and (g)(4). Optional selection criteria are those criteria that states choose to implement in addition to what is required in accordance with § 246.12(g)(3) and (g)(4).

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This study is a two-part series designed to provide insight into the current geographic coverage and density of WIC retailers across the United States and to assist states in ensuring they are providing adequate participant access to WIC foods in their communities.

Exempt Program
Page updated: December 02, 2025

FD-162: Public Posting of TEFAP Information

DATE:September 9, 2025
POLICY NO:FD-162: The Emergency Food Assistance Program (TEFAP)
SUBJECT:Public Posting of TEFAP Information
TO:Regional Directors
Supplemental Nutrition Programs
State Directors
All TEFAP State Agencies

Under the leadership of Secretary Brooke Rollins, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) is committed to strengthening strategies to encourage healthy choices, healthy outcomes, and healthy families, along with clarifying program requirements for our state agency partners. In support of these goals, this memorandum provides guidance to TEFAP state agencies on requirements for public posting of TEFAP information at 7 CFR 251.4(l). Each state agency must post a list of eligible recipient agencies (ERAs) that have an agreement with the state agency on a publicly available webpage. In addition, state agencies must post the state’s uniform statewide eligibility criteria on a publicly available webpage. The public posting of ERAs and uniform statewide eligibility criteria must be implemented by Oct. 31, 2025. State agencies are encouraged to implement these provisions before that deadline.

ERAs that have an Agreement with the State Agency

TEFAP regulations at 7 CFR 251.4(l) require each state agency to post a list of ERAs that have an agreement with the state agency on a publicly available webpage. At a minimum, this list must include the name, address, and contact telephone number of all ERAs that have an agreement with the state agency. State agencies must update this list annually but are encouraged to update it more frequently as needed.

FNS recognizes that state agencies may identify a compelling public safety reason to forgo posting an ERA address publicly; for example, for a domestic abuse shelter. In such circumstances and without divulging sensitive or confidential information, the state agency should submit general information to their FNS regional office regarding why the location should be exempted from the publicly available list posted online. FNS will work with state agencies on a case-by-case basis for ERAs in this situation.

State Agency Option to Post Additional ERA Information

State agencies may choose to exceed the above minimum posting requirements to support public awareness. While state agencies are not required to post information about ERAs that have agreements with other ERAs, states have the option to publish this information online. State agencies may also choose to include additional information about ERAs on the webpage, such as operating hours, the areas served by the ERA, links to ERA websites, and distribution site addresses. In addition, state agencies may develop tools to aid eligible individuals in accessing the program, for example by establishing a searchable tool to identify aid based on zip code.

Posting TEFAP Statewide Eligibility Information

TEFAP regulations at 7 CFR 251.5(b) require each state agency to establish uniform statewide criteria for determining the eligibility of households to receive USDA Foods for home consumption, including requirements for demonstrating income and residency. Per 7 CFR 251.4(l), state agencies must post this uniform statewide eligibility criteria to a publicly available webpage. This information must be updated on an annual basis or whenever changes to eligibility criteria are made. Additional guidance on establishing criteria and methods for determining the eligibility of households to receive TEFAP can be found in Participant Eligibility in TEFAP (revised).

State agencies should contact their respective FNS regional office with any questions about this memorandum.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs

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This TEFAP program guidance memorandum provides TEFAP state agencies information on requirements for public posting of TEFAP information.

Page updated: September 11, 2025

CSFP: Announcement of Update to the Food Package Maximum Monthly Distribution Rates, Effective Sept. 1, 2025

DATE:August 11, 2025
SUBJECT:Commodity Supplemental Food Program (CSFP): Announcement of Update to the Food Package Maximum Monthly Distribution Rates, Effective Sept. 1, 2025
TO:Regional Directors
Special Nutrition Programs
All Regional Offices
State Directors
CSFP State Agencies and Indian Tribal Organizations

In alignment with Agriculture Secretary Brooke Rollins’ priorities to encourage healthy choices, healthy outcomes, and healthy families and connect America’s farmers to nutrition assistance programs, the USDA Food and Nutrition Service (FNS) is revising the CSFP Maximum Monthly Distribution Rates to reflect the foods currently available in the program.

These revised guide rates, outlined in Attachment A, will be effective on Sept. 1, 2025 and remain in effect until further notice. There are no changes to the maximum amounts of foods that may be distributed in each food package category. CSFP state agencies should use the guide rates in conjunction with the latest CSFP Foods Available List.

Thank you for your commitment to providing one of our nation’s most vulnerable populations with nutritious, minimally processed American grown and produced foods to support their health and well-being.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs
Kristin Garcia
Director
Food Safety and Nutrition Division
Supplemental Nutrition and Safety Programs

Attachment A - CSFP Maximum Monthly Distribution Rates

These rates are effective Sept. 1, 2025 until further notice.

Food Package CategoryFood ItemAmount Each Month
Fruits and JuiceCanned Fruit (15.5 ounces) 
Juice (64 ounces)
Raisins (15 ounces)
  • 1 juice and 3 cans fruit; or
  • 2 juices and 2 cans fruit; or
  • 1 package raisins, 1 juice, and 2 cans fruit; or
  • 1 package raisins, 2 juices and 1 can fruit
VegetablesCanned Vegetables or Soup (10.5–15.5 ounces)
Dehydrated Potatoes (1 pound)
  • 8 cans vegetables or soup; or
  • 6 cans vegetables or soup, and 1 package dehydrated potatoes
CheeseCheese (2 pounds)1 package cheese
MilkUHT Fluid Milk 1% (32 ounces)
Instant Nonfat Dry Milk (12.8 ounces)
  • 2 UHT milk; or
  • 1 UHT milk and 1 instant non-fat dry milk
Meat, Poultry, and FishBeef or Beef Stew (24 ounces)
Beef Chili with Beans (15 ounces)
Chicken (10–12.5 ounces)
Tuna (12 ounces)
Salmon (14.75 ounces)
  • 1 (24 ounce) shelf-stable package meat and 1 (10–15 ounce) shelf-stable package beef, poultry or fish; or
  • 3 (10–15 ounce) shelf-stable packages beef, poultry and/or fish of any combination
Plant-Based ProteinCanned Beans (15.5 ounces)
Dry Beans or Lentils (1 pound)
Peanut Butter (16 ounces)
3 units of any combination of canned beans, dry beans or lentils, and peanut butter
CerealsCereal, Ready-to-Eat (10–20 ounces)
Farina (18 ounces)
Rolled Oats (18 ounces)
Grits (2 pounds)
2 units of any combination of cereal, farina, rolled oats, and grits
Pasta and RicePasta (1 pound)
Rice (1 pound)
2 units of any combination of pasta and rice
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In alignment with Agriculture Secretary Brooke Rollins’ priorities to encourage healthy choices, healthy outcomes, and healthy families and connect America’s farmers to nutrition assistance programs, we are revising the CSFP Maximum Monthly Distribution Rates to reflect the foods currently available in the program.

Page updated: August 27, 2025
Great American Farmers Market graphic
News Item
On Faith and Fellowship Tuesday at the Great American Farmers Market, Secretary Rollins Reaffirms USDA’s Commitment to Upholding Religious Liberties

U.S. Secretary of Agriculture Brooke L. Rollins, at Faith and Fellowship Tuesday at the Great American Farmers Market, alongside Secretary of Housing and Urban Development Scott Turner, Secretary of Veterans Affairs Doug Collins, and USDA Senior Advisor on Faith and Community Outreach Dr. Alveda King, issued a statement reaffirming the U.S. Department of Agriculture’s steadfast commitment to protecting and upholding religious liberties in all public engagements and federally administered programs.

08/05/2025
USDA logo on a white circle with a farm in the background
News Item
Secretary Rollins Announces Local Food Purchases for Communities in Need

U.S. Secretary of Agriculture Brooke L. Rollins today announced the U.S. Department of Agriculture’s intent to purchase up to $230 million in fresh seafood, fruits, and vegetables from American farmers and producers to distribute to food banks and nutrition assistance programs across the country.

08/01/2025

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Interpretation of “Federal Public Benefit”

Summary

This notice sets forth the interpretation that the U.S. Department of Agriculture (USDA) uses for the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), PL 104–193, 8 USC 1611. In doing so, this notice supersedes any prior interpretation in any notice or other document issued by any USDA agency. This notice also describes and preliminarily identifies the USDA programs that provide “federal public benefits” within the scope of PRWORA.

Supplementary Information

I. Background

According to Section 401 of PRWORA, 8 USC 1611(a), aliens who are not “qualified aliens” are not eligible for any “Federal public benefit” as defined in 8 USC 1611(c). The prohibition set forth in § 1611(a) is subject to certain exceptions set forth in § 1611(b). The application of § 1611(a) and exceptions contained in 1611(b) are conceptually distinct from the meaning of “Federal public benefit” and is not addressed in this notice.

The statutory text, § 1611(c), defines “Federal public benefit” as “(A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States” and “(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.” 8 USC 1611(c)(1). This definition, too, is subject to certain exceptions. See id. (c)(2) (setting forth certain exceptions to the definition of “federal public benefit”).

In addition, under Section 432 of PRWORA, as amended, to the extent required by law, providers of a nonexempt ‘‘Federal public benefit’’ must verify that a person applying for the benefit is a qualified alien and is eligible to receive the benefit. 8 USC 1642. While the verification requirement is necessary to proper enforcement of PRWORA, it is conceptually distinct from the meaning of the term “Federal public benefit” and this notice is not intended to address application of such requirement. Neither does this notice speak to “Federal public benefits” that may be subject to other statutory authority besides PRWORA regarding citizenship and alien eligibility.

II. Interpretation

Statutory construction “‘must begin, and often should end as well, with the language of the statute itself.’” United States v. Steele, 147 F.3d 1316, 1318 (11th Cir. 1998) (quoting Merritt v. Dillard, 120 F.3d 1181, 1185 (11th Cir. 1997). “The plain meaning controls.” United States v. Robinson, 94 F.3d 1325, 1328 (9th Cir. 1996) (citation omitted). The statutory language is clear: if a USDA program falls into either §1611(c)(1)(A) or (c)(1)(B), such benefits are not available to individuals who are aliens, unless (i) that individual is a qualified alien, or (ii) some other exception applies to the USDA program, either under §1611(b) or via the definitional limits on “Federal public benefit” set forth in (c)(2). Thus, the task is simple: construe the plain language of (c)(1)(A) and (c)(1)(B). Those provisions state that “Federal public benefit” means:

  1. Any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and
  2. any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.

If USDA “provide[s]” the (i) “grant, contract, loan, professional license, or commercial license,” or if the “grant, contract, loan, professional license, or commercial license” is “provided by” “appropriated funds of the United States,” then such item is a “Federal public benefit.” Similarly, if USDA “provide[s]” the “retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit,” or such “benefit” is “provided by” “appropriated funds of the United States,” then such benefit is a “Federal public benefit,” as long as the benefit is “provided to” one of three types of recipients: (i) “an individual,” (ii) a “household,” or (iii) a “family eligibility unit.”

1. Grant

Section 1611(c)(1)(A) reaches “any grant, contract, loan, professional license, or commercial license” provided by USDA. For purposes of PRWORA, a grant means the award of funding for an individual or entity to carry out specified activities without the direct involvement of USDA. USDA administers a multitude of grant programs, including those in which the grants go to institutions, states, local governments, private entities and private organizations. Sometimes the activity supported by the grant is carried out by the “recipient”; sometimes the recipient issues a subgrant to an individual or entity. For PRWORA purposes, the term “grant” includes any “subgrant” derivative of a grant.

2. Contract

Many USDA programs and activities are carried out by the use of contracts. For example, contracts are used by the Farm Service Agency to provide assistance to agricultural producers in the form of income support payments and by the Forest Service in conducting forest management activities to reduce the risk of wildfires. USDA also provides assistance and benefits to individuals and entities through the use of several different types of instruments including loan guarantees (e.g., programs of the Rural Development agencies), reinsurance agreements (core operations of the Risk Management Agency), cooperative agreements (agreements used by numerous USDA agencies when the agency is working with another party to accomplish a public purpose authorized by law) and “export credit guarantees” (financial assurances made available through programs administered by the Foreign Agricultural Service). In the context of PRWORA, all instruments that are contractual in nature that are used by USDA agencies are considered to be contracts.

With respect to any contract, professional license, or commercial license, PRWORA excludes from the definition of “Federal public benefit” “any contract, professional license or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658 (or a successor provision) is in effect.” See 8 USC 1611(c)(2)(A).

3. Loan

The majority of loans made by USDA agencies are “recourse” loans meaning the borrower is responsible for repayment of the full amount of the accumulated principal and interest that has accumulated; in the event the loan collateral is forfeited, the borrower remains responsible for any difference between the value of the collateral and the amount of the outstanding loan balance (principal plus interest). Many loans made by the Commodity Credit Corporation (CCC), an agency and instrumentality of the United States within USDA, are “nonrecourse” loans meaning that a borrower may forfeit the loan collateral to CCC in full satisfaction of the loan. In the context of PRWORA, both recourse and nonrecourse loans are considered to be loans.

4. Commercial license

As in the case of contracts, various types of legal documents are considered by USDA to be a “commercial license” for PRWORA purposes. For example, 7 CFR 6.20(b) provides: “Effective January 1, 1995, the prior regime of absolute quotas for certain dairy products was replaced by a system of tariff-rate quotas. The articles subject to licensing under the tariff-rate quotas are listed in Appendices 1, 2, and 3 to be published annually in a notice in the Federal Register. Licenses permit the holder to import specified quantities of the subject articles into the United States at the applicable in-quota rate of duty. If an importer has no license for an article subject to licensing, such importer will, with certain exceptions, be required to pay the applicable over-quota rate of duty.” The United States Warehouse Act establishes a voluntary system under which parties that store agricultural commodities may obtain a license from USDA in lieu of obtaining licenses from states. These, and similar licenses are “commercial licenses” for PRWORA purposes. The Forest Service issues a variety of permits (i.e., “special use permits” issued under 36 CFR 251) that allow individuals and private entities the privilege of conducting activities on land administered by the Forest Service. These activities include non-commercial and commercial activities. If USDA issues a special permit that allows the holder of the permit to engage in a commercial activity, such permit is a “commercial license” for PRWORA purposes.

5. PRWORA Provisions Applicable to the Food and Nutrition Service (FNS)

As previously discussed, the application of §1611(a) is conceptually distinct from the definition of a “Federal public benefit” under §1611(c). Nonetheless, to avoid confusion the application of 8 USC 1615 to certain FNS programs is briefly discussed. Section 1615(a) provides:

Notwithstanding any other provision of [PRWORA], an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act (42 USC 1751, et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 USC 1773) on the basis of citizenship, alienage, or immigration status.

Further, §1615(b) provides:

Nothing in [PRWORA] shall prohibit or require a state to provide to an individual who is not a citizen or a qualified alien, as defined in section 1641(b) of [Title 8], benefits under programs established under the provisions of law described in paragraph (2).

In particular, the statutory provisions in paragraph (2) are “(A) Programs (other than the school lunch program and the school breakfast program) under the Richard B. Russell National School Lunch Act (42 USC 1751 et seq.) and the Child Nutrition Act of 1966 (42 USC 1771 et seq.)[;] (B) Section 4 of the Agriculture and Consumer Protection Act of 1973 (7 USC 612c note)[;] (C) The Emergency Food Assistance Act of 1983[;] [and] (D) The food distribution program on Indian reservations established under section 2013(b) of Title 7.”

Although they each fall within the meaning of “Federal public benefit” under §1611(c), FNS continues to administer the following programs in accordance with the superseding provisions of §1615:

  • Food Distribution Program on Indian Reservations (FDPIR).
  • The Emergency Food Assistance Program (TEFAP).
  • Commodity Supplemental Food Program (CSFP).
  • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
  • WIC Farmers’ Market Nutrition Programs.
  • Senior Farmers’ Market Nutrition Programs.
  • National School Lunch Program.
  • School Breakfast Program.
  • Child and Adult Care Food Program.
  • Fresh Fruit and Vegetable Program.
  • Special Milk Program.
  • Summer Food Service Program.
  • Summer EBT.

USDA Food and Nutrition Service Disaster Assistance. (FNS does not administer a distinct disaster assistance program but utilizes various flexibilities, waivers, and options within the nutrition programs to provide assistance. Therefore, 8 USC 1615 would continue to apply where relevant.)

III. USDA Programs

Programs and Activities of FNS

Federal Public Benefit Under the Meaning of §1611(c)(1)(A)

FNS administers a variety of grants, cooperative agreements, and contracts. FNS grants primarily fall into two categories – discretionary grants and mandatory grants. FNS Standard Operating Procedure (SOP) refer to cooperative agreements and grants under the term “grants.” Authority to enter into contracts, grants, and cooperative agreements in accordance with section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, is delegated to the Under Secretary for Food, Nutrition, and Consumer Services pursuant to 7 CFR 2.19. Other legal statutory authorities for such instruments include the Food and Nutrition Act of 2008, as amended, the Richard B. Russell National School Lunch Act, as amended, the Child Nutrition Act of 1966, as amended, and annual appropriations legislation.

Section 1611(c)(1)(A) applies to “any” of the instruments listed. The term “any” is all encompassing. Unlike its neighboring provision, subparagraph (B), §1611(c)(1)(A) is void of limiting language based on characteristics of the recipient(s) of the benefit or other factors if the contract, grant, loan, professional license, or commercial license is “provided by an agency of the United States or by appropriated funds of the United States.” Congress explicitly provided specific exceptions for contracts, professional licenses, and commercial licenses at 8 USC 1611(c)(2) and the absence of other qualifications on instruments listed at §1611(c)(1)(A) indicates there are no others. Therefore, FNS interprets §1611(c)(1)(A) that every grant, contract, loan, commercial license, and professional license, of any kind or nature whatsoever regardless of its authorizing statute or regulation provided by FNS or appropriated funds of the United States is a “Federal public benefit” without exception other than those contained at §1611(c)(2).

The statutory language at §1611(c)(1)(A) reaches all instruments listed if “provided by an agency of the United States or by appropriated funds of the United States.” Therefore, FNS considers a sub-grant and a sub-contract made from a prime grant or prime contract provided by FNS or appropriated federal funds to be a “Federal public benefit.” Accordingly, the ultimate beneficiaries to whom federal funds flow from a contract or grant provided by FNS or appropriated funds of the United States are recipients of a “Federal public benefit.” For example, if a food bank receives a grant which is used to purchase food for distribution, the individual who receives the food assistance has received a “Federal public benefit.”

As stated above, the applicability of other provisions of PRWORA is conceptually distinct from the question of what the term “Federal public benefit” means, and this Notice does not intend to address that question except to the extent of the brief discussion concerning §1615 above.

FNS issues commercial licenses by authorizing retailers to accept Supplemental Nutrition Assistance Program (SNAP) benefits pursuant to 7 CFR 278.1 and 7 USC 2018. Applicants are required to submit an application that FNS must approve. Only if authorized, may a retailer engage in the commercial activity of accepting SNAP benefits as payment for certain commercial goods. Therefore, FNS interprets “Federal public benefit” to include a retailer authorization to participate in SNAP because such authorization is in the form of a commercial license.

FNS administers 16 food and nutrition programs under a variety of statutes like the Food and Nutrition Act of 2008, Richard B. Russell National School Lunch Act, Child Nutrition Act of 1966, Agriculture and Consumer Protection Act of 1973, Emergency Food Assistance Act of 1983, and 7 USC 2013(b) (i.e., Food Distribution Program on Indian Reservations). All food and nutrition programs meet the definition of “Federal public benefit” pursuant to §1611(c)(1)(B). The 16 programs are as follows:

  • The Supplemental Nutrition Assistance Program (SNAP).
  • Nutrition Assistance Program for Territories.
  • Food Distribution Program on Indian Reservations (FDPIR).
  • The Emergency Food Assistance Program (TEFAP).
  • Commodity Supplemental Food Program (CSFP).
  • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
  • WIC Farmers’ Market Nutrition Programs.
  • Senior Farmers’ Market Nutrition Programs.
  • National School Lunch Program.
  • School Breakfast Program.
  • Child and Adult Care Food Program.
  • Fresh Fruit and Vegetable Program.
  • Special Milk Program.
  • Summer Food Service Program.
  • Summer EBT.
  • Disaster Assistance

In particular, these are benefits “provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.” As discussed earlier, some of the above programs are administered pursuant to 8 USC 1615 even though they are “Federal public benefits”. FNS also recognizes that the definition of “Federal public benefit” is inapplicable “with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Attorney General, after consultation with the Secretary of State.” See 8 USC 1611(c)(2)(B).

IV. Verification and Economic Impact

Due to the multitude of USDA programs that are available to tens of millions of individuals, USDA will continue to evaluate the manner in which it will verify compliance with PRWORA. USDA will, to the maximum extent possible, minimize the imposition of reporting and information and information collection requirements. Similarly, USDA continues to analyze the economic impact of this interpretation, but at this time, has not found there to be significant economic impact. USDA will issue subsequent guidance on verification actions and a final determination regarding the economic impact of this interpretation.

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This notice sets forth the interpretation that the U.S. Department of Agriculture uses for the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. In doing so, this notice supersedes any prior interpretation in any notice or other document issued by any USDA agency. This notice also describes and preliminarily identifies the USDA programs that provide “Federal public benefits” within the scope of PRWORA.

Page updated: July 10, 2025
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News Item
Secretary Rollins Announces Food Purchases for Communities in Need

U.S. Secretary of Agriculture Brooke Rollins today announced the U.S. Department of Agriculture’s intent to purchase up to $67 million in fresh seafood, fruits, and vegetables from domestic producers to distribute to food banks and nutrition assistance programs across the country. 

05/23/2025

TEFAP - Availability of Foods for Fiscal Year 2025

Summary

This notice announces the surplus and purchased foods that the Department expects to make available for donation to states for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program (TEFAP) in fiscal year (FY) 2025. The foods made available under this notice must, at the discretion of the state, be distributed to eligible recipient agencies (ERAs) for use in preparing meals and/or for distribution to households for home consumption.

Supplementary Information

In accordance with the provisions set forth in the Emergency Food Assistance Act of 1983 (EFAA), 7 USC 7501, et seq., and the Food and Nutrition Act of 2008, 7 U.S.C. 2036, the Department makes foods available to states for use in providing nutrition assistance to those in need through TEFAP. In accordance with section 214 of the EFAA, 7 USC 7515, funding for TEFAP foods is allocated among states according to a formula that accounts for poverty and unemployment levels within each state. Section 214(a)(1) of the Act requires that 60 percent of each state's allocation be based on the number of people with incomes below the poverty level within the state; and Section 214(a)(2) requires that the remaining 40 percent be equal to the percentage of the nation's unemployed persons within the state. State officials are responsible for establishing the network through which the foods will be used by ERAs in providing nutrition assistance to those in need and for allocating foods among those ERAs. States have full discretion in determining the amount of foods that will be made available to ERAs for use in preparing meals and/or for distribution to households for home consumption.

Surplus Foods

Surplus foods donated for distribution under TEFAP are Commodity Credit Corporation (CCC) foods purchased under the authority of section 416 of the Agricultural Act of 1949, 7 USC 1431 (section 416) and foods purchased under the surplus removal authority of section 32 of the Act of Aug. 24, 1935, 7 USC 612c (section 32). The types of foods typically purchased under section 416 include dairy, grains, oils, and peanut products. The types of foods purchased under section 32 include meat, poultry, fish, vegetables, dry beans, juices, and fruits.

Approximately $262 million in surplus foods acquired in FY 2024 are being delivered to states in FY 2025. Surplus foods currently scheduled for delivery in FY 2025 include almonds, apples, applesauce, asparagus, cheese, dates, figs, fish, grape juice, grapefruit, hazelnuts, milk, peaches, pears, pecans, pistachios, plums, potatoes, strawberries, and walnuts. Other surplus foods may be made available to TEFAP throughout the year. The Department would like to point out that food acquisitions are based on changing agricultural market conditions; therefore, the availability of foods is subject to change.

Purchased Foods

In accordance with section 27 of the Food and Nutrition Act of 2008, 7 USC 2036, the Secretary is directed to purchase an estimated $462.25 million worth of foods in FY 2025 for distribution through TEFAP.

For FY 2025, the Department anticipates purchasing the foods listed in the following table for distribution through TEFAP. The amounts of each item purchased will depend on the prices the Department must pay, as well as the quantity of each item requested by the states. Changes in agricultural market conditions may result in the availability of additional types of foods or the non-availability of one or more foods listed in the table.

FY 2025 USDA Foods Available List for the Emergency Food Assistance Program (TEFAP)

Key

H—Halal Certification Required
K—Kosher Certification Required
IQF—Individually Quick Frozen

UHT—Ultra-High Temperature Pasteurization
LFTB OTP—Lean Finely Textured Beef Optional
WG—Whole Grain

 Fruits
  • Apples, Braeburn, Fresh
  • Apples, Empire, Fresh
  • Apples, Fuji, Fresh
  • Apples, Gala, Fresh
  • Apples, Granny Smith, Fresh
  • Apples, Red Delicious, Fresh
  • Apples, Fresh
  • Apple Juice, 100%, Unsweetened
  • Apple Slices, Unsweetened, Frozen (IQF)
  • Applesauce, Unsweetened, Canned (K)
  • Applesauce, Unsweetened, Cups, Shelf-Stable
  • Apricots, Halves, Extra Light Syrup, Canned
  • Blueberries, Highbush, Unsweetened, Frozen
  • Cherry Apple Juice, 100%, Unsweetened
  • Cranberry Apple Juice, 100%, Unsweetened
  • Cranberries, Dried, Individual Portion
  • Grape Juice, Concord, 100%, Unsweetened
  • Grapefruit Juice, 100%, Unsweetened
  • Fruit and Nut Mix, Dried
  • Mixed Fruit, Extra Light Syrup, Canned
  • Oranges, Fresh
  • Orange Juice, 100%, Unsweetened
  • Peaches, Freestone, Slices, Frozen
  • Peaches, Sliced, Extra Light Syrup, Canned
  • Pears, Bartlett, Fresh
  • Pears, Bosc, Fresh
  • Pears, D'Anjou, Fresh
  • Pears, Fresh
  • Pears, Extra Light Syrup, Canned (K)
  • Plums, Pitted, Dried
  • Raisins, Unsweetened, Individual Portion
  • Raisins, Unsweetened
  • Strawberries, Whole, Unsweetened, Frozen (IQF)
Dairy
  • Cheese, American, Reduced Fat, Loaves, Refrigerated
  • Cheese, Cheddar, Yellow, Shredded, Refrigerated
  • Cheese, Cheddar, Yellow, Chunks, Refrigerated
  • Milk, 1%, Shelf-Stable UHT
  • Milk, 1%, Individual Portion, Shelf-Stable UHT
  • Milk 1% Fresh
  • Milk, Skim, Fresh Yogurt, High-Protein, Vanilla, Chilled (K)Milk, Skim, Fresh
  • Yogurt, High-Protein, Vanilla, Chilled (K)
  • Yogurt, High-Protein, Blueberry, Chilled (K)
  • Yogurt, High-Protein, Strawberry, Chilled (K)
Vegetables
  • Beans, Green, Low-sodium, Canned (K)
  • Beans, Green, No Salt Added, Frozen
  • Carrots, Diced, No Salt Added, Frozen
  • Carrots, Sliced, Low-sodium, Canned
  • Corn, Whole Kernel, No Salt Added, Canned (K)
  • Corn, Cream Style, Low-sodium, Canned
  • Corn, Whole Kernel, No Salt Added, Frozen
  • Mixed Produce Box, Fresh
  • Mixed Vegetables, 7-Way Blend, Low-sodium, Canned
  • Peas, Green, Low-sodium, Canned
  • Peas, Green, No Salt Added, Frozen
  • Potatoes, Dehydrated Flakes
  • Potatoes, Round, Fresh
  • Potatoes, Russet, Fresh
  • Potatoes, Sliced, Low-sodium, Canned
  • Pumpkin, No Salt Added, Canned
  • Spaghetti Sauce, Low-sodium, Canned
  • Spinach, Low-sodium, Canned
  • Sweet Potatoes, Fresh
  • Tomato Juice, 100%, Low-sodium
  • Tomato Sauce, Low-sodium, Canned
  • Tomato Sauce, Low-sodium, Canned (K) (H)
  • Tomato Soup, Condensed, Low-sodium, Canned
  • Tomatoes, Diced, No Salt Added, Canned
  • Vegetable Soup, Condensed, Low-Sodium, Canned
Legumes
  • Beans, Black, Low-sodium, Canned
  • Beans, Black-eyed Pea, Low-sodium, Canned
  • Beans, Black-eyed Pea, Dry
  • Beans, Garbanzo, Canned (K)
  • Beans, Great Northern, Dry
  • Beans, Kidney, Light Red, Low-sodium, Canned
  • Beans, Kidney, Light Red, Dry
  • Beans, Lima, Baby, Dry
  • Beans, Pinto, Low-sodium, Canned
  • Beans, Pinto, Dry
  • Beans, Refried, Low-sodium, Canned
  • Beans, Vegetarian, Low-sodium, Canned
  • Lentils, Dry
  • Peas, Green Split, Dry
Protein Foods
  • Alaska Pollock, Fillets, Frozen
  • Alaska Pollock, Whole Grain Breaded Fish Sticks, Frozen
  • Almonds, Natural, Whole, Shelled
  • Atlantic Haddock, Fillet, Frozen
  • Atlantic Ocean Perch, Fillet, Frozen
  • Atlantic, Pollock, Fillet, Frozen
  • Beef, Canned/Pouch
  • Beef, Fine Ground, 85% Lean/15% Fat, Frozen
  • Beef, Fine Ground, 85% Lean/15% Fat, Frozen, LFTB OPT, Frozen
  • Beef Stew, Canned/Pouch
  • Catfish, Fillets, Farm-Raised, Frozen
  • Catfish, Filets, Wild-Caught, Frozen
  • Chicken, Boneless Breast, Frozen
  • Chicken, Canned
  • Chicken, Drumsticks, Frozen
  • Chicken, Pouch
  • Chicken, Split Breast, Frozen
  • Chicken, Whole, Frozen
  • Eggs, Fresh
  • Egg Mix, Dried
  • Peanut Butter, Smooth
  • Peanut Butter, Smooth (K)
  • Peanut Butter, Smooth, Individual Portion
  • Peanuts, Roasted, Unsalted
  • Pork, Canned/Pouch
  • Pork, Ham, Frozen
  • Salmon, Pink, Canned
  • Salmon, Pink, Canned (K)
  • Turkey, Deli Breast, Sliced, Frozen
  • Walnut, Pieces
Grains
  • Bakery Mix, Low-fat (K)
  • Cereal, Ready-to-Eat
  • Cereal, Wheat Farina, Enriched
  • Crackers, Unsalted
  • Cornmeal, Yellow
  • Flour, All Purpose, Enriched, Bleached
  • Flour, White Whole Wheat (WG)
  • Grits, Corn, White
  • Grits, Corn, Yellow
  • Oats, Rolled, Quick Cooking (WG)
  • Pasta, Egg Noodles
  • Pasta, Macaroni, Enriched
  • Pasta, Macaroni (WG)
  • Pasta, Macaroni and Cheese
  • Pasta, Rotini (WG)
  • Pasta, Spaghetti, Enriched
  • Pasta, Spaghetti (WG)
  • Rice, Brown, Long-Grain, Parboiled (WG)
  • Rice, Medium Grain
  • Rice, Long Grain
  • Tortillas, Frozen (WG)
Oils

Oil, Vegetable

Other
  • Soup, Cream of Chicken, Condensed, Reduced Sodium
  • Soup, Cream of Mushroom, Condensed, Reduced Sodium
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This notice announces the surplus and purchased foods that the Department expects to make available for donation to states for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program in fiscal year 2025.

Page updated: April 28, 2025

Industry Guide to Publishing K-12 Product Data to USDA Databases

This webinar introduces and describes the purposes of the two USDA databases available for K-12 product manufacturers to publish their product data: Child Nutrition Database and the USDA Foods Database. We discuss how to publish product information to each database and walk through basic scenarios using the Industry Guide to Publishing K-12 Product Data decision tree. Guides for publishing to each database and contact information for additional support are also provided.

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This webinar introduces and describes the purposes of the two USDA databases available for K-12 product manufacturers to publish their product data: Child Nutrition Database and the USDA Foods Database.

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00:28:54
Page updated: July 01, 2025

CSFP: Caseload Assignments for the 2025 Caseload Cycle and Administrative Grants

DATE:March 24, 2025
SUBJECT:Commodity Supplemental Food Program (CSFP): Caseload Assignments for the 2025 Caseload Cycle and Administrative Grants
TO:Regional Directors
Supplemental Nutrition Programs
All Regional Offices
State Directors
CSFP State Agencies and Indian Tribal Organizations (ITOs)

On March 15, 2025, President Trump signed the Full-Year Continuing Appropriations and Extensions Act, 2025 (PL 119-4), which provides $425 million for the Commodity Supplemental Food Program (CSFP) for fiscal year (FY) 2025. Based on this funding level and available resources, the Food and Nutrition Service (FNS) is issuing a final national caseload allocation of 707,000 slots for the 2025 caseload cycle (Jan. 1, 2025 to Dec. 31, 2025). This final national caseload level ensures that resources are sufficient to provide full food packages to participants throughout the caseload cycle. FNS is allocating final caseload and administrative grants for 2025 to CSFP state agencies, including Indian Tribal Organizations (ITOs) and U.S. territories, as provided below.

Final Caseload Assignments

In accordance with CSFP regulations at 7 CFR Part 247, base caseload for the 2025 caseload cycle for all currently participating state agencies is equal to the higher of (1) average monthly participation for FY 2024 or (2) average monthly participation for the last quarter of FY 2024. CSFP regulations further provide that for each CSFP state agency, calculated base caseload for 2025 cannot be greater than total assigned caseload for 2024.

As stated above, total estimated resources available to the program in FY 2025 are sufficient to support a national caseload level of 707,000 slots, which is 12,013 less than the national calculated base caseload amount of 719,013. Accordingly, FNS has reduced each CSFP state agency’s base caseload figure on a pro rata basis to correspond to the reduction required nationally. All participating CSFP state agencies are subject to this caseload reduction.

Participation Reductions

Reductions in calculated base caseload will result in some state agencies having participation that exceeds their 2025 caseload assignment. In accordance with program regulations and to ensure sufficient program resources are available to serve CSFP participants throughout the year, state agencies should take action to ensure participation does not exceed final assigned caseload on an average monthly basis across CY 2025.

All state agencies are expected to review current participation levels, and if participation is above assigned caseload, reduce participation to their new caseload assignment. State agencies should first work with local agencies to forgo certification of new applicants if the number of applicants exceeds the local agency’s caseload level. In these circumstances, regulations at 7 CFR 247.11 require local agencies to maintain waiting lists of individuals who apply for the program with information to contact the applicant if caseload space becomes available. Program regulations further require that CSFP local agencies notify applicants of their eligibility, ineligibility, or placement on a waiting list within 10 days from the date of application. Applicants who cannot be certified should receive referrals to other assistance programs.

If necessary, state agencies may further direct local agencies to forgo recertification of current participants to align with the CY 2025 caseload allocation. In accordance with CSFP regulations, written notice at least 15 days before the effective date of discontinuance must be provided before removing individuals from the program. Individuals removed from CSFP should receive referrals to other assistance programs. FNS recommends that state agencies contact their FNS regional office prior to removing any current participants from CSFP.

Caseload Use and Food Orders in 2025

It is crucial that state agencies manage caseload and USDA Foods in the most efficient manner possible. State agencies are required to accurately track and maintain appropriate inventory levels at the state level. Regulations at 7 CFR Part 250 prohibit CSFP state level inventories from exceeding three (3) months on-hand without approval from FNS.

FNS regional offices (ROs) closely monitor states agencies’ year-to-date participation levels and food orders. FNS ROs will reduce food orders to ensure that state agencies do not exceed their assigned caseloads or over-order USDA Foods.

Administrative Grant per Assigned Caseload Slot

The Agriculture and Consumer Protection Act of 1973 (PL 93-86), as amended, mandates an administrative grant per assigned caseload slot to be adjusted each FY to reflect inflation. The mandatory grant per assigned caseload slot for FY 2025 is $103.48.

CSFP state agencies should address questions to their respective FNS regional office.

Melissa Abelev, PhD
Associate Administrator
Supplemental Nutrition and Safety Programs

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Attachment A - 2025 CSFP Caseload and Administrative Funding

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This final national caseload level ensures that resources are sufficient to provide full food packages to participants throughout the caseload cycle. We are allocating final caseload and administrative grants for 2025 to CSFP state agencies, including Tribes and U.S. territories.

Page updated: April 18, 2025

TEFAP Income Guidelines

This page is updated annually to provide income guidelines for state agencies to use in determining the eligibility of households to receive USDA Foods for home consumption in TEFAP.

Per 7 CFR 251.5(b), each TEFAP state agency must establish uniform statewide criteria for determining eligibility for USDA Foods for home consumption. This eligibility criteria must include maximum income-based standards at or between 185 percent to 300 percent of the U.S. Federal Poverty Guidelines (Poverty Guidelines) published annually by the U.S. Department of Health and Human Services (HHS). 

To find your state's TEFAP income eligibility guidelines, please contact your state agency.

2025 Income Guidelines

48 Contiguous States, District of Columbia and Puerto Rico

Household SizeFederal Poverty Guidelines - 100%Federal Poverty Guidelines - 185%
 AnnualAnnualMonthlyWeekly
1$15,650$28,953$2,413$557
2$21,150$39,128$3,261$753
3$26,650$49,303$4,109$949
4$32,150$59,478$4,957$1,144
5$37,650$69,653$5,805$1,340
6$43,150$79,828$6,653$1,536
7$48,650$90,003$7,501$1,731
8$54,150$100,178$8,349$1,927
For each additional household member, add…$5,500$10,175$848$196

Alaska

Household SizeFederal Poverty Guidelines - 100%Federal Poverty Guidelines - 185%
 AnnualAnnualMonthlyWeekly
1$19,550$36,168$3,014$696
2$26,430$48,896$4,075$941
3$33,310$61,624$5,136$1,186
4$40,190$74,352$6,196$1,430
5$47,070$87,080$7,257$1,675
6$53,950$99,808$8,318$1,920
7$60,830$112,536$9,378$2,165
8$67,710$125,264$10,439$2,409
For each additional household member, add…$6,880$12,728$1,061$245

Hawaii

Household SizeFederal Poverty Guidelines - 100%Federal Poverty Guidelines - 185%
 AnnualAnnualMonthlyWeekly
1$17,990$33,282$2,774$641
2$24,320$44,992$3,750$866
3$30,650$56,703$4,726$1,091
4$36,980$68,413$5,702$1,316
5$43,310$80,124$6,677$1,541
6$49,640$91,834$7,653$1,767
7$55,970$103,545$8,629$1,992
8$62,300$115,255$9,605$2,217
For each additional household member, add…$6,330$11,711$976$226
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This page lists the income guidelines for state agencies to use in determining the eligibility of households to receive USDA Foods for home consumption in TEFAP.

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Page updated: March 13, 2025

Commodity Supplemental Food Program - Income Guidelines for 2025

DATE:March 7, 2025
SUBJECT:Commodity Supplemental Food Program (CSFP): Income Guidelines for 2025
TO:Regional Directors
Supplemental Nutrition Programs
All Regions
Directors
CSFP State Agencies and Indian Tribal Organizations (ITOs)

This memorandum transmits the 2025 Income Guidelines (IGs) for state agencies and ITOs in determining the eligibility of individuals applying to participate in CSFP. These guidelines should be used in conjunction with CSFP regulations at 7 CFR Part 247, which establish household income limits.

Per 7 CFR Part 247.9(b), state agencies must use a household income limit at or below 150 percent of the Federal Poverty Income Guidelines (Poverty Guidelines) published annually by the Department of Health and Human Services (HHS). The 2025 IGs in the attached tables contain the maximum income limits by household size to be used for eligibility determinations in CSFP. State agencies and ITOs may choose to maintain income limits at 130 percent of the Poverty Guidelines, and as such, the 130 percent annual income amounts are also included in this memorandum.

To establish annual income limits of 150 percent, the Poverty Guidelines are multiplied by 1.50, and the results are rounded up to the next whole dollar. To establish annual income limits of 130 percent, the Poverty Guidelines are multiplied by 1.30, and the results are rounded up to the next whole dollar. From these results, weekly and monthly income limits are calculated. The first table contains the income limits for households residing in the 48 contiguous states, the District of Columbia, and Puerto Rico. Separate income limits for Alaska and Hawaii are established and published annually by HHS, which are reflected in the second and third tables.

Pursuant to program regulations, CSFP state agencies and ITOs must implement the 2025 IGs immediately upon receipt of this memorandum. The guidelines remain in effect until notification of the CSFP IGs for 2026.

CSFP regulations at 7 CFR Part 247.9(d)(1) define “income” as gross income before deductions for such items as income taxes, employees’ social security taxes, insurance premiums, and bonds. Income exclusions are listed in Parts 247.9(d)(2) and (d)(3) and via policy memoranda available online at the Food and Nutrition Service’s (FNS) website. State agencies and ITOs may also authorize local agencies to consider the household’s average income during the previous 12 months and current household income to determine which more accurately reflects the household’s status, in accordance with 7 CFR Part 247.9(d)(4).

Per 7 CFR 247.9(b) and FD-159: Federal and State Programs Conferring CSFP Income Eligibility, state agencies may accept as income-eligible for CSFP benefits any applicant who documents that they are certified as fully eligible for any of the following federal programs: The Supplemental Nutrition Assistance Program (SNAP), The Food Distribution Program on Indian Reservations (FDPIR), Supplemental Security Income (SSI), The Low-Income Subsidy Program (LIS), or the Medicare Savings Programs (MSP). Stage agencies may also accept, as evidence of income within the state agency’s CSFP guidelines, documentation of the applicant’s participation in state-administered programs not specified in the regulations that routinely require documentation of income, provided that the programs have income eligibility guidelines at or below the state agency’s CSFP threshold.

State agencies and ITOs should direct any questions they may have regarding the 2025 IGs to their respective FNS regional offices.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs

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This memorandum transmits the 2025 income guidelines for state agencies and tribes in determining the eligibility of individuals applying to participate in CSFP.

Page updated: April 18, 2025

The Emergency Food Assistance Program - Income Eligibility Guidelines for 2025

DATE:March 7, 2025
SUBJECT:The Emergency Food Assistance Program (TEFAP): Income Eligibility Guidelines for 2025
TO:Regional Directors
Supplemental Nutrition Programs
All Regions
State Directors 
All TEFAP State Agencies

This memorandum transmits information on 2025 TEFAP Income Eligibility Guidelines (IEGs) for state agencies to determine the eligibility of households to receive USDA Foods for home consumption in TEFAP.

Per 7 CFR 251.5(b), each TEFAP state agency must establish uniform statewide criteria for determining eligibility for USDA Foods for home consumption. This eligibility criteria must include maximum income-based standards at or between 185 percent to 300 percent of the U.S. Federal Poverty Guidelines (Poverty Guidelines) published annually by the U.S. Department of Health and Human Services (HHS). State agencies may propose use of income-based standards above 300 percent of the Poverty Guidelines with supporting rationale, subject to approval by FNS. FD-120, Participant Eligibility in TEFAP, provides additional information on this process.

TEFAP state agencies should update their income standards to reflect the 2025 Poverty Guidelines upon receipt of this memorandum. For state agency reference, the attached tables contain the Poverty Guidelines and annual household income limits at 185 percent of the Poverty Guidelines. To establish annual income limits of 185 percent, the Poverty Guidelines are multiplied by 1.85, and the results are rounded up to the next whole dollar. From these results, weekly and monthly income limits are calculated. State agencies may use a similar process to determine income limits at their established thresholds. The first table includes the income limits for households residing in the 48 contiguous states, the District of Columbia, and Puerto Rico. Separate income limits for Alaska and Hawaii are established and published annually by HHS, reflected in the second and third tables.

State agencies should direct any questions they may have regarding the 2025 TEFAP IEGs to their respective FNS regional offices.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs

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This TEFAP program guidance memorandum transmits the 2025 income guidelines for state agencies and tribes in determining the eligibility of individuals applying to participate in TEFAP.

Page updated: August 04, 2025

Secretary Rollins’ Vision for the Department’s 16 Nutrition Programs

letterhead

February 13, 2025

Dear State, Tribal, Territory, and Local Government Partners,

First, thank you for your tireless work serving our most vulnerable families and communities. The scale and scope of the U.S. Department of Agriculture’s (USDA, Department) 16 nutrition programs is vast, and their mission, critical. However, each of these programs is funded by the generosity of the American taxpayer; men and women who expect programs across every federal agency to be executed with integrity and accountability.

I write you today to share my guiding principles regarding nutrition programs, and to encourage states to partner with us as innovative collaborators and policy incubators. Gone are the days of the status quo; today starts a new chapter for the Department, states, territories, tribal communities, and each who render or receive nutrition programs.

Therefore, you have my commitment to:

  • Prioritize timely and satisfactory customer service.
  • Support state innovation through approvals of waivers and pilot projects.
  • Clarify statutory, regulatory, and administrative requirements.
  • Take swift action to minimize instances of fraud, waste, and program abuse.
  • Develop and implement modernized systems.
  • Associate access to SNAP benefits with clear expectations that those who can work, do.
  • Create new opportunities to connect America’s farmers to nutrition assistance programs.
  • Encourage states to choose policy options that protect both participants and the taxpayer.
  • Strengthen strategies to encourage healthy choices, healthy outcomes, and healthy families.
  • Improve federal dietary policy to align with science, not politics.
  • Infuse each nutrition program with new energy and vision.

Each of these principles are catalysts for change and will allow us to better serve families across the country.

We have a historic opportunity to improve nutrition programs to better serve individuals who need additional support. Our shared goal should be to lift millions of Americans out of dependency and into hopeful futures and unimagined possibilities. It will require tireless energy and new and innovative approaches to long-ignored problems. But you have always been the greatest “laboratories of democracy,” and I am confident that the best ideas will come from you. I strongly encourage you to pilot creative solutions that could become the model for other states, and indeed for the nation.

The Department stands ready to serve you through technical assistance and dialogue. Together, we will find the bold and sustainable solutions that deliver effective programs to our most vulnerable families. I sincerely look forward to working closely with you and your teams, collaborating with you as we take a comprehensive look at these programs, visiting your communities, and putting America  on a path to growth, opportunity, and innovation to dramatically improve the lives of our citizens.

Sincerely,

Brooke L. Rollins
Secretary
U.S. Department of Agriculture

 

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I write you today to share my guiding principles regarding nutrition programs, and to encourage states to partner with us as innovative collaborators and policy incubators. Gone are the days of the status quo; today starts a new chapter for the Department, states, territories, tribal communities, and each who render or receive nutrition programs.

Page updated: March 18, 2025

FD-069: Eligibility of ITOs and other Tribal Entities to Participate in TEFAP (Revised)

DATE:January 14, 2025
POLICY NO:FD-069: The Emergency Food Assistance Program (TEFAP)
SUBJECT:Eligibility of Indian Tribal Organizations (ITOs) and other Tribal entities to participate in TEFAP (Revised)
TO:Regional Directors
Supplemental Nutrition Programs
MARO, MPRO, MWRO, NERO, SERO, SWRO, and WRO
State Directors
All TEFAP State Agencies

This memorandum provides guidance regarding the eligibility of ITOs and other Tribal entities to participate in TEFAP and to outline several best practices for working with ITOs and other Tribal entities in TEFAP.1 TEFAP regulations at 7 CFR 251.4(k) encourage TEFAP state agencies and eligible recipient agencies (ERAs) to expand or implement TEFAP distributions in Tribal areas. This in turn will strengthen the emergency food assistance network in Indian Country. ITOs and other Tribal entities are important partners in reaching underserved populations with emergency food assistance; and while they cannot enter into direct agreements with USDA to distribute USDA Foods through TEFAP, they may be eligible to participate as ERAs.

ITO Eligibility to Participate in TEFAP as State Agencies

In accordance with Section 203B of the Emergency Food Assistance Act of 1983, as amended, TEFAP regulations at 7 CFR 251.3(i) define a state agency as the unit of state government "designated by the Governor or other appropriate state executive authority" which enters into a food distribution agreement with USDA. Because ITOs are not states, they cannot be units of state government. ITOs are not eligible to enter into direct agreements with USDA to distribute USDA Foods through TEFAP and are therefore precluded from serving as state agencies in TEFAP.

ITO and other Tribal Entities’ Eligibility to Participate in TEFAP as Eligible Recipient Agencies

The federal definition of a TEFAP eligible recipient agency (ERA) can be found at 7 CFR 251.3(d). The definition incorporates both public and private organizations and specifies that private organizations must have a “tax-exempt status under the Internal Review Code (IRC).” Both public and private ITOs and other Tribal entities that provide food assistance to individuals in need and that meet the definition at 7 CFR 251.3(d) are eligible to enter into agreements with state agencies or other ERAs (i.e., food banks) to serve as TEFAP ERAs. A specific 501(c)(3) status is not required for private organizations to participate; and private organizations may have a tax-exempt status outside of a 501(c)(3) status. Many ITOs and other Tribal entities are also Tribal governments or agencies of Tribal governments and are therefore public organizations. A tax-exempt status is not required for public organizations to participate in TEFAP.

Organizational Eligibility Determinations

State agencies must ensure that determinations for ITOs and other Tribal entities to participate in TEFAP are only made based on the state agency’s criteria for organizational eligibility outlined in the state agency’s plan (7 CFR 251.6(a)(3)) and the priority systems outlined at 7 CFR 251.4(h). If an ERA application is commingled with another application, such as one to distribute non-USDA Foods, the nonapplicable criteria must not be utilized when determining organizational eligibility to participate in TEFAP.

State agencies should contact their respective FNS regional office with any questions about this memorandum.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs

Appendix A

Best Practices for Working with ITOs and Other Tribal Entities in TEFAP

Understand history and context.

Many ITOs and other Tribal entities have a complicated relationship with governmental and nonprofit entities. Ensure that involved state agency staff and ERAs have, at minimum, a basic understanding of Native American history and Tribes’ historical interactions with governmental and nonprofit entities. If resources allow, invest in Tribal competency training for state agency and/or ERA staff who will work with ITOs or other Tribal entity.

Learn more about the ITO or Tribal entity.

To the greatest extent you can, learn about the ITO or Tribal entity’s history, geographical boundaries (if applicable), demographics, cultural norms, values, and language practices. For ITOs, learn whether the ITO is a Tribe, a Tribal advocacy group, a consortium of Tribes, as well as if a Tribe is federally recognized, state recognized, or non-federally or -state recognized. Many ITOs and Tribal entities have publicly available webpages that can help state agency/ERA staff familiarize themselves with the ITO or Tribe and determine who to contact.

Leadership structures and processes also differ from ITO to ITO. Feel free to ask ITO representatives questions to enhance your understanding of how the ITO operates. Ensure state agency/ERA staff have a basic understanding of how the governing body of the ITO functions and which department or agency within the ITO may be involved with emergency food assistance. Note that it is often better to contact staff within these departments or agencies first before reaching out to Tribal leadership. ITO staff may decide to refer issues to Tribal leadership if warranted.
Many ITOs are also familiar with or participate in other federal programs administered by USDA such as the Food Distribution Program on Indian Reservations (FDPIR) and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), as well as other federal programs administered by USDA and other federal agencies. If the ITO operates FDPIR, the ITO’s FDPIR representative may be a good starting point given their understanding of how a food distribution program works and ITO storage and transportation capabilities.

Build relationships.

Speak with the ITO or Tribal entity about your organization, what TEFAP is, your goals for the partnership, the TEFAP resources available for the collaboration, and the ITO or Tribal entity’s emergency food assistance needs. Determine whether there is an interest in collaboration. This may require multiple meetings and conversations which should be focused on building trust and establishing a relationship with the ITO or Tribal entity as an equal collaborator and partner.

If you do not hear back from the ITO or Tribal entity after reaching out, you may need to try a different method of reaching out, reach out multiple times, or locate a better point of contact. If there is hesitation to collaborate, focus on identifying the ITO or Tribal entity’s concerns and remedying them. Ensure that you are listening to the ITO or Tribal entity and engaging in meaningful dialogue.

Engage in Tribal consultation if desired or requested by the ITO.

Establish a formal consultation relationship between the state agency and the involved Tribes to discuss TEFAP matters that will affect the Tribes and their citizens, if the ITO requests it. For example, Tribes may want to consult about the frequency of TEFAP distributions, the location of the distributions, the types of USDA Foods that will be distributed, whether the ITO will act as a distribution site for another ERA, or act as an ERA itself, etc.

Consultation between Tribal governments and state agencies should be direct and involve two-way dialogue and feedback between elected Tribal leaders or their designees, and the highest-ranking state agency official involved in TEFAP administration at the state level (e.g., Commissioner of Agriculture). State agencies should work to identify the Tribes’ preferences regarding Tribal consultation including what program-related events and changes would trigger consultation, the key individuals with whom the Tribe wants the state agency to consult, preferred notice timeframes for consultation, and a convenient in-person or virtual location for consultation. The Supplemental Nutrition Assistance Program (SNAP) – Tribal Consultation Guiding Principles document has additional best practices for state agencies carrying out Tribal consultation. The document is intended for SNAP state agencies but many principles in the document are also applicable for TEFAP state agencies.

Be flexible.

Understand that the state agency’s or ERA’s TEFAP distribution model may need to be tailored to meet the ITO or Tribal entity’s needs. Consider allowable flexibilities to distribution processes, such as those addressed in FD-149: Questions and Answers about Flexibilities in TEFAP to Streamline Distribution of Foods and Reduce Barriers to Participation.

Recognize Tribal independence and sovereignty.

Tribes are sovereign nations. Tribal leadership should be treated with the same respect you would show leadership of other governments. Understand that Tribal governments may have laws and regulations that may affect TEFAP distributions, such as laws related to who can enter Tribal lands or how data about program participants should be stored and shared. Lastly it may be helpful to familiarize yourself with indigenous food sovereignty principles, such as inclusion of traditional foods, and work to ensure that TEFAP distributions respect these principles as best possible. The Department of the Interior, Bureau of Indian Affairs’  is a good starting point for those unfamiliar with food sovereignty.


1 This memo is intended to provide information on the eligibility of both Tribal organizations that are eligible to enter direct agreements with FNS to administer other FNS programs (e.g., federally recognized Tribes, Tribal consortiums, rancherias, pueblos, Alaska Native Villages, etc.) in addition to Tribal entities that are not eligible to enter into direct agreements with FNS to administer FNS programs (e.g., a Tribally managed nonprofit organization, a food pantry managed by and intended for Native people, etc.).

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This TEFAP program guidance memorandum provides information regarding the eligibility of ITOs and other Tribal entities to participate in TEFAP and to outline several best practices for working with ITOs and other Tribal entities in TEFAP.

Page updated: August 04, 2025
Page updated: June 03, 2025

Final Rule Correction - Food Distribution Programs: Improving Access and Parity

Summary

The Food and Nutrition Service is correcting a final rule that appeared in the Federal Register on Oct. 31, 2024. The document makes access and parity improvements in USDA's food distribution programs to support access for eligible populations and streamline requirements for program operators.

Dates

Effective Dec. 30, 2024.

Supplementary Information

In FR Doc. 2024-24966 appearing on page 87228 in the Federal Register of Thursday, Oct. 31, 2024, the following corrections are made:

  1. § 247.5 [Corrected]

On page 87244, in the third column, in amendatory instruction 4, correct paragraphs (b)(15) through (17) to read as follows:

(b) * * *

(15) Ensuring that program participation does not exceed the state agency's caseload allocation on an average monthly basis;

(16) Making publicly available a list of all CSFP local agencies on a publicly available internet web page. The state agency must post the name, address, and telephone number for each local agency. The list must be updated, at a minimum, on an annual basis; and

(17) Posting the State Plan that is currently in use on a publicly available internet web page.

  1. § 247.9 [Corrected]

i. On page 87245, in the first and second columns, in amendatory instruction 9 correct paragraphs (b)(1) and (d)(3)(xxiv) to read as follows:

(b) * * *

(1) The state agency may accept as income-eligible for CSFP benefits any applicant that documents that they are certified as fully eligible for the following federal programs: the Supplemental Nutrition Assistance Program, the Food Distribution Program on Indian Reservations, Supplemental Security Income (SSI), the Low Income Subsidy Program, or the Medicare Savings Programs.

* * * * *

(d) * * *

(3) * * *

(xxix) Payments to the Assiniboine Tribe of the Fort Belknap Indian community and the Assiniboine Tribe of the Fort Peck Indian Reservation (Montana) (Pub. L. 98-124, sec. 5);

  1. § 251.4 [Corrected]

On page 87250, in the first column, instruction 26 for § 251.4, correct instruction 26.f. to read as follows:

f. Removing the term “donated commodities” wherever it appears in paragraph (g) and adding in its place the term “USDA Foods”;

  1. § 253.2 [Corrected]

On page 87254, in the first and second columns, in amendatory 36, correct the definitions of “Indian Tribal Organization (ITO) and “state agency” to read as follows:

* * * * *

Indian Tribal Organization (ITO) means:

(1) The recognized governing body of any Indian tribe on a reservation; or

(2) The tribally recognized intertribal organization which the recognized governing bodies of two or more Indian tribes on a reservation authorize to operate SNAP or a Food Distribution Program on their behalf.

* * * * *

State agency means:

(1) The agency of state government, including the local offices thereof, which enters into an agreement with FNS for the distribution of USDA Foods on all or part of an Indian reservation, and

(2) The ITO of any Indian tribe, determined by the Department to be capable of effectively administering a Food Distribution Program, which enters into an agreement with FNS for the distribution of USDA Foods on all or part of an Indian reservation.

(3) State agencies are also referred to as FDPIR administering agencies.

  1. § 253.5 [Corrected]

On page 87255, in the first column, in amendment 39, correct the section heading to read as follows:

§ 253.5 State agency requirements.

  1. § 253.6 [Corrected]

i. On page 87255, in the second column, in amendment 40, correct paragraphs (a)(2), (d)(3)(vii); and (e)(1) to read as follows:

* * * * *

(a) * * *

(2) Nonhousehold members. The following individuals residing with a household shall not be considered household members in determining the household's eligibility. Nonhousehold members specified in paragraphs (a)(2) (i) and (iv) who are otherwise eligible may participate in the program as separate households.

* * * * *

(d) * * *

(3) * * *

(vii) The earned income (as defined in paragraph (d)(2)(i) of this section) of children who are members of the household, who are students at least half time and who have not attained their eighteenth birthday. * * *

* * * * *

(e) Income deductions —(1) Earned income deduction. Households with earned income, as defined in paragraph (d)(2)(i) of this section, shall be allowed a deduction of twenty percent of their gross earned income. Earned income excluded under paragraph (d)(3) of this section shall not be considered earned income for the purpose of computing this deduction.

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The Food and Nutrition Service is correcting a final rule that appeared in the Federal Register on Oct. 31, 2024. 

Page updated: December 23, 2024

Confidentiality Protections in TEFAP

DATE:December 20, 2024
POLICY NO:FD-160: The Emergency Food Assistance Program (TEFAP)
SUBJECT:Confidentiality Protections in TEFAP
TO:Regional Directors
Supplemental Nutrition Programs
MARO, MPRO, MWRO, NERO, SERO, SWRO, and WRO
State Directors
All TEFAP State Agencies


This policy memorandum provides guidance for TEFAP state agencies on requirements related to protecting the confidentiality of TEFAP applicant and participant information and the identity of individuals making a complaint or allegation against an individual participating in or administering the program. All state agency and eligible recipient agency (ERA) staff and volunteers who will have access to confidential applicant and participant information should be made aware of and must follow these requirements.

Confidential Applicant and Participant Information Defined

TEFAP regulations at 7 CFR 251.10(c)(1) define confidential applicant and participant information as any information about an applicant or participant, whether it is obtained from the applicant or participant, another source, or generated as a result of a TEFAP application, certification, or participation, that individually identifies an applicant, participant, and/or their family members. Confidential applicant and participation information includes information provided during the intake process for TEFAP eligibility purposes (e.g., name, number of persons in the household, household income) in addition to information collected from TEFAP applicants and participants for purposes unrelated to TEFAP eligibility (e.g., date of birth, occupation, education level, household address). Applicant and participant information is confidential regardless of the original source and exclusive of previously applicable confidentiality provided in accordance with other federal, state, or local law.

Confidential applicant and participant information does not include anonymous, de-identified information obtained from TEFAP applicants or participants. De-identification of information involves removing links between data and the individuals or households with whom the data is associated. Prior to allowing the sharing of de-identified information obtained from or about TEFAP applicants and participants, state agencies and ERAs must ensure that the information or data has been de-identified to an extent that there is no reasonable basis to believe that the information can be used to identify a TEFAP applicant or participant, and the information being shared allows for anonymity of such individuals.

Limits on the Disclosure of Information Obtained from Applicants or Participants

TEFAP regulations at 7 CFR 251.10(c)(2) outline that state agencies and ERAs must restrict the use and disclosure of information obtained from TEFAP applicants or participants to persons directly connected with administration or enforcement of TEFAP. This could include state agency staff conducting management evaluations and ERA staff and volunteers who process TEFAP intake forms. With the consent of the participant, state agencies and ERAs may share information obtained from TEFAP applicants and participants with other health and welfare programs for use in determining eligibility in those programs, or for program outreach. However, the state agency must sign an agreement with the administering agencies of those health and welfare programs to ensure that the information will be used only for the specified purpose, and that the agencies receiving the information will not further share it. These requirements are not intended to limit the use of data sharing for eligibility purposes; they are intended to safeguard confidential information and protect the identity of TEFAP applicants and participants.

Obtaining TEFAP applicant and participant consent for information sharing purposes

State agencies and ERAs should explicitly obtain consent from TEFAP applicants and participants to share information with other health and welfare programs for program eligibility purposes or for program outreach purposes. Applicant and participant consent can be achieved by incorporating a written consent question or form into the intake or sign-in process at the ERA. The consent question/form must clearly list the other health and welfare programs that will receive the applicant or participant information, the specific applicant and participant information that will be shared, and should allow the applicant or participant to easily agree to or opt out of the data sharing. The consent question/form must also clearly indicate that the receipt of USDA Foods is not contingent upon a participant’s or applicant’s consent to share their information. For example:

“Your information (name, number of people in the household, household income information, and e-mail address) may be shared with the Community Veggie Program – a statewide program that provides nutrition assistance to individuals in need - for purposes of determining eligibility and program outreach for that program. By selecting “agree” below, you consent to the use of your information for this purpose. Your eligibility to receive USDA Foods through The Emergency Food Assistance Program (TEFAP) is not dependent on providing consent to share your information. You can still receive food today if you disagree with the information sharing.

Data sharing agreements

If state agencies want to share confidential applicant and participant information with other health and welfare programs for use in determining eligibility in those programs, they must sign agreements with those entities receiving the information to ensure that the information is only used for specified purposes and will not be shared further. These data sharing agreements should explicitly reference TEFAP confidentiality regulations at 7 CFR 251.10(c)(1) and (c)(2) and must outline how the other program(s) will protect the confidential applicant and participant information from being further shared. This should encompass both accidental and purposeful disclosure of the information. An agreement must be in place prior to sharing any applicant or participant information with another program.

Sign-in Sheets and Electronic Intake Systems

Confidentiality requirements in TEFAP are not intended to require ERAs to have a separate sign-in sheet for each TEFAP participant who visits a distribution site. Such a practice would be costly and time consuming for ERA staff. If applicable, TEFAP state agencies are encouraged to work with ERAs to devise policies or procedures to allow for the maintenance of one sign-in sheet while upholding TEFAP applicant and participant confidentiality. For example, in accordance with applicable state agency policies and procedures, ERA staff and volunteers overseeing the TEFAP intake process could cover up the name of all previous participants who signed in with an additional sheet of paper, leaving only the blank sign-in rows visible.

TEFAP confidentiality requirements are also not intended to prevent the use of electronic intake platforms. The use of electronic systems in TEFAP, including electronic intake platforms, is permitted as long as the systems are able to properly ensure the protection of applicant and participant information (both information used for TEFAP eligibility purposes and voluntarily provided information used for other purposes) and other program requirements at 7 CFR 251, such as record keeping. State agencies should ensure that any systems used by ERAs in their state or territory comply with confidentiality requirements prior to allowing/continuing to allow use of the system in the program. A review of the privacy policy associated with the system is critical in ensuring compliance with confidentiality requirements. State agencies should also ensure that electronic systems contain adequate safeguards to protect confidential applicant and participant information from accidental or purposeful disclosure. Developers or contractors who work on electronic intake systems may be given access to confidential TEFAP applicant and participant information for purposes of resolving system issues or errors, as those individuals may be considered persons directly connected with the administration or enforcement of the program. As with state agency and ERA staff, the developers and contractors should be made aware of and must follow all TEFAP confidentiality requirements.

The Identity of Persons Making Complaints or Allegations Against Individuals Participating in or Administering the Program

TEFAP regulations at 7 CFR 251.10(c)(3) require state agencies and ERAs to limit the disclosure of the identity of persons making a complaint or allegation against an individual participating in or administering TEFAP. State agencies and ERAs must protect the confidentiality, and other rights, of any person making allegations or complaints against another individual participating in, or administering TEFAP, except as necessary to conduct an investigation, hearing, or judicial proceeding, as applicable.

State agencies should contact their respective FNS regional office with any questions about this memorandum.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs

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This TEFAP program guidance policy memorandum provides information for TEFAP state agencies on requirements related to protecting the confidentiality of TEFAP applicant and participant information and the identity of individuals making a complaint or allegation against an individual participating in or administering the program.

Page updated: August 04, 2025
Page updated: January 22, 2025