TEFAP State Plan Requests and Allocations for FY 2021 Farm to Food Bank Projects

Section 4018(b) of the Agriculture Improvement Act of 2018 (PL 115-334) amended Section 203D of the Emergency Food Assistance Act of 1983 to provide funding for TEFAP state agencies to pay for projects to harvest, process, package, or transport commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations (EFOs). These projects are known as Farm to Food Bank Projects. The final rule entitled, The Emergency Food Assistance Program: Implementation of the Agriculture Improvement Act of 2018 (84 FR 52997), codified this change in TEFAP regulations at 7 CFR 251.6 and 251.10. The purpose of this memorandum is to provide guidance on TEFAP Farm to Food Bank Projects and to allocate funding for such projects in fiscal year (FY) 2021.

Farm to Food Bank Projects

Farm to Food Bank Projects are defined at 7 CFR 251.10(j) as the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by EFOs. The purpose of such projects must be to (a) reduce food waste at the agricultural production, processing, or distribution level through the donation of food, (b) provide food to individuals in need, and (c) build relationships between agricultural producers, processors, and distributors and EFOs through the donation of food. Farm to Food Bank Project funds can only be used for the costs associated with harvesting, processing, packaging, or transporting privately donated foods, and cannot be used to purchase foods or for agricultural production activities (e.g., purchasing seeds or planting crops). Additionally, these funds may not be used for costs associated with handling USDA Foods provided for distribution through TEFAP. States have discretion in determining how to distribute Farm to Food Bank Project funds and may apply funds to both new initiatives and to existing projects that meet the definition of a Farm to Food Bank Project.

Farm to Food Bank Project Partners

As required by 7 CFR 251.6(a)(5), Farm to Food Bank Projects must be carried out in partnership with one or more EFOs located in the state. Per 7 CFR 251.3(e), an EFO is an eligible recipient agency which provides nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. States must have a TEFAP agreement in place with all participating EFOs in a Farm to Food Bank Project before the start of a project. Through agreements, state agencies may also partner with other states to maximize the use of foods donated under any Farm to Food Bank Project.

State Plan Amendments

To be eligible for funds to carry out a Farm to Food Bank Project in FY 2021, state agencies must submit an amendment to their state plan to their FNS regional office by Oct. 30, 2020. States wishing to fund multi-year Farm to Food Bank projects will need to submit an updated state plan amendment each fiscal year reconfirming the ongoing operation of the project. Per 7 CFR 251.6(a)(5)(i) through (iv), state plan amendments must include all of the following requirements:

• A list of EFOs within the state that will operate the project in partnership with the state agency;
• A list of any state agencies that will operate the project as a part of an agreement;
• A description of the purpose of the Farm to Food Bank Project that includes how the project will:
  • Reduce food waste at the agricultural production, processing, or distribution level through the donation of food;
  • Provide food to individuals in need; and
  • Build relationships between agricultural producers, processors, and distributors and emergency feeding organizations through the donation of food; and
• The federal fiscal year in which the project will begin operating.

Attached to this memorandum (Attachment A) is a sample Farm to Food Bank state plan amendment for FY 2021 that addresses each of these required items. The burden for amending the state plan is captured under OMB Control Number 0584-0293 (expiration date 7/31/2023).

Match Requirement

As per TEFAP regulations at 7 CFR 251.10(j)(4), the federal share of a Farm to Food Bank Project shall not exceed 50 percent of the total cost of the project. Therefore, all federal funds utilized for Farm to Food Bank Projects must be matched by non-federal funds. The match requirement must be met through a cash or in-kind contribution from either the state or partner EFOs. Match funds must be used for allowable Farm to Food Bank Project costs. While funds or in-kind contributions from non-federal sources expended to administer a project count toward the match requirement, donated foods, including the value of foods donated as a part of a Farm to Food Bank project, cannot count toward the match requirement.

Additional guidance on allowable cash and in-kind match contributions for Farm to Food Bank projects can be found at 7 CFR 251.9(c) and 251.10(j)(4).

Allocation of Funds for Farm to Food Bank Projects

FNS is making $3.764 million available for Farm to Food Bank Projects in FY 2021. These funds will be allocated to state agencies that have submitted an approved state plan amendment describing a plan of operation for a Farm to Food Bank Project. The funds will be allocated using the current TEFAP formula found at 7 CFR 251.3(h). The initial level of funds potentially available for each state in FY 2021 is attached to this memorandum (Attachment B). Please note that these figures are subject to change based on the FY 2021 update to the TEFAP funding formula.

To receive funds in FY 2021, states must submit their state plan amendment (Attachment A) to their FNS regional office by Oct. 30, 2020, for review and approval. The allocation of funds in Attachment B should be considered the minimum amount of funds that each state can receive for FY 2021. If any TEFAP state agency does not accept all or part of its minimum allocation, remaining funds will be allocated among all states that have submitted an approved state plan amendment and that have accepted their full amount of funds on a pro-rata basis, once all state plan amendments for FY 2021 are received and reviewed. Thus, states’ final allocations may vary significantly from what is included in Attachment B. FNS plans to allocate funds for FY 2021 Farm to Food Bank Projects in the first quarter of FY 2021.

TEFAP state agencies will have the discretion to distribute funds to Farm to Food Bank Project partners as they see fit while ensuring that funds are only expended on allowable Farm to Food Bank Project costs. Funds will be available to obligate for one year from the date of allocation.

Reporting Requirements

All state agencies that receive funds to carry out Farm to Food Bank Projects in FY 2021 must provide semiannual financial reports via the Food Programs Reporting System (FPRS). The SF-425 must be used for these reports. A report titled “TEFAP-F2F-Bank-TEFAP Farm to Food Bank Projects” in FPRS has been established for this purpose. A first report must be submitted by April 30, 2021, and reflect Farm to Food Bank Project funds expended from the start of the performance period to March 31, 2021. A second report must be submitted by Oct. 30, 2021 and reflect funds expended from April 1, 2021 to Sept. 30, 2021. A final report must be submitted within 90 days after the grant expires and reflect funds expended during the period of performance. The burden for submitting these reports is captured under OMB Control Number 0584-0594 (expiration date 7/31/2023). Please see 7 CFR 251.10(j)(6) for more information on reporting requirements.

Farm to Food Bank Project funds should be reported under the TEFAP administrative funding Catalog of Federal Domestic Assistance (CFDA) number 10.568.

TEFAP state agencies with questions should contact their FNS regional offices.

Laura Castro
Director
Food Distribution Division

Attachments

• Attachment A - State Plan Amendment Template for FY 2021 Farm to Food Bank Projects
• Attachment B - FY 2021 TEFAP Farm to Food Bank Projects Potential Allocations

¹ >span class="footnote">Pursuant to the Congressional Review Act (5 USC 801 et seq.), the Office of Information and Regulatory Affairs designated this waiver as not major, as defined by 5 USC 804(2).