We have amended our regulations to make access and parity improvements within several food distribution programs, including the Commodity Supplemental Food Program, the Food Distribution Program on Indian Reservations, The Emergency Food Assistance Program, and USDA Foods disaster response.
Regulatory Changes by Program
- The Commodity Supplemental Food Program
Former Provision New Provision Maximum CSFP income eligibility standards set at 130% of the U.S. Federal Poverty Guidelines. States can elect to set a standard lower than 130%. Maximum CSFP income eligibility standards set at 150% of the U.S. Federal Poverty guidelines. States can still elect to set a lower standard. No requirement. State agencies have the option to allow participation in specific federal programs and state level programs with income eligibility standards at or below the CSFP requirements to demonstrate eligibility for the program. The federal programs include the Supplemental Nutrition Assistance Program (SNAP), the Food Distribution Program on Indian Reservations (FDPIR), Supplemental Security Income (SSI), the Low Income Subsidy (LIS) Program, and the Medicare Savings Programs (MSP). CSFP participants, or their proxies, must show some form of identification prior to receiving a food package. CSFP state and local agencies may establish other methods of verifying the identity of participants when receiving a food package. No requirement. CSFP state agencies must post a list of CSFP local agencies, which excludes agencies operating under an agreement with a local agency, on a publicly available internet webpage. At minimum, the information must be updated annually. CSFP state agencies must keep a copy of their state plan on file for public inspection. CSFP state agencies must post their current state plan on a public webpage. No requirement. Where applicable, local agencies must share written information and referrals to the Senior Farmers’ Market Nutrition Program to expand awareness and access to the program. N/A - Technical corrections. Throughout CSFP regulations:
- Replaces the outdated term “commodities” with “USDA Foods.”
- Removes references to “elderly” and replaces with “participants” as the program is now seniors only.
- Removes cross-citations to WIC regulations where applicable as the program is now seniors only.
- USDA Foods in Disasters
Former Provision New Provision Simultaneous provision of USDA Foods Disaster Assistance and Disaster Supplemental Nutrition Assistance Program (D-SNAP) benefits during a disaster is prohibited. Simultaneous provision of USDA Foods Disaster Assistance and Disaster Supplemental Nutrition Assistance Program (D-SNAP) benefits during a disaster is allowed. No biweekly reporting requirement, but states must submit the FNS 292-A within 45 days after a disaster. State distributing agencies operating disaster household distributions must submit a biweekly report (every two weeks) to FNS, for the duration of the approved disaster household distribution, in addition to the currently required FNS 292-A. State agencies must ensure the use of USDA Foods for disaster response activities does not have an ongoing negative impact on the operation of other programs. Codifies in regulations the existing principle that state agencies must ensure the use of USDA Foods for disaster response activities does not have an ongoing negative impact on the operation of other programs. N/A - Technical corrections. Reorganizes regulations for readability and clarity.
Replaces outdated term “donated foods” with “USDA Foods” throughout USDA Foods in Disasters regulations.- The Emergency Food Assistance Program
Former Provision New Provision State agencies must set income eligibility guidelines for household distribution that include income-based standards and that ensure that foods are only provided to those with low-income. There is no set income eligibility range. State agencies must set maximum income-based eligibility standards between 185 percent and 300 percent of the U.S. Federal Poverty Guidelines and may submit a request to FNS to establish guidelines at a higher level, with justification. Eligible recipient agencies must collect the address of all households receiving TEFAP foods for home consumption (to the extent practicable) to ensure the household resides in the geographic location served by the state agency. State agencies must develop a process for requesting residency information from households to determine eligibility but may not require households to provide an address or identification to confirm residency. For example, state agencies could implement a process that would allow self-declaration of residency. No requirement. State agencies must annually post information on all eligible recipient agencies that have an agreement with the state agency on a public webpage. State agencies must also make participant eligibility information available on a public webpage. At a minimum, the information must be updated annually and whenever participant eligibility information changes. TEFAP distribution sites must collect and maintain on record the number of persons in each household receiving USDA Foods for home consumption, as well as other household information. State agencies must report the number of persons (i.e., site visits) served by each TEFAP distribution site providing USDA Foods for home consumption per month. The requirement to collect and maintain this information on record is retained. No requirement. TEFAP participant information must be kept confidential and limits are established on the disclosure of information obtained from applicants or participants and the identity of persons making a complaint or allegation against persons participating in or administering the program. State agencies shall encourage eligible recipient agencies to implement or expand TEFAP distributions in rural areas. FNS encourages state agencies and eligible recipient agencies to implement or expand TEFAP distributions in rural, remote, and Tribal areas. N/A - Technical corrections. - Replaces outdated term “commodities” with “USDA Foods.”
- Updates definition of “food bank” for clarity.
- Reorganizes “Miscellaneous provisions” section for readability and clarity.
- Revises Farm to Food Bank Project regulations for clarity.
- The Food Distribution Program on Indian Reservations
Former Provision New Provision Any urban place (defined as a city/town with a population of 10,000+) outside of the reservation boundaries may not be served unless an FDPIR administering agency requests to serve the area with a justification. Any urban place outside of the reservation boundaries may be served by the FDPIR administering agency without justification. No regulatory waiver authority. FNS may waive or modify specific regulatory requirements for FDPIR administering agencies in certain situations. Waivers must be approved by FNS and may only be issued in specific situations outlined by FNS. FDPIR shelter and utility deductions are region-specific and based on SNAP data, inflation adjustments, and FDPIR participation in the region. FDPIR shelter and utility standard deductions are increased to the level of the SNAP maximum deduction, and FDPIR households may choose to use actual expenses to calculate the deductions. Separate household status cannot be granted to spouses not living together. Therefore, if a legally married couple lives separately and one of the individuals is receiving FDPIR or SNAP benefits, the other cannot receive FDPIR as a separate household. Separate household status can be granted to separated spouses who are living apart. Children under the age of 18 under the parental control of a member of the household cannot receive separate household status. Requirements for determining parental control of minor children mimic SNAP regulations: a child must be considered under parental control if they are financially or otherwise dependent on a member of the household. FNS makes ad-hoc changes to food packages at the request of program partners and in consultation with the FDPIR Food Package Review Work Group. FNS is required to periodically assess how USDA Foods provided in FDPIR compare to the Dietary Guidelines for Americans (DGAs) and the market baskets of the Thrifty Food Plan (TFP) to adjust food package contents to ensure they are consistent with basic dietary needs. The FDPIR Food Package Review Workgroup process will continue to be followed. N/A - Technical corrections. - Replaces outdated term “commodities” with “USDA Foods.”
- Replaces outdated term “Food Stamps” with “SNAP.”
- Updates outdated language and misspellings throughout the regulations.
- Clarifies that households can participate in FDPIR and other USDA Foods programs in the same month.
- Removes outdated references to SSI recipients in “cash-out” states.
- Corrects verification for recertification threshold from $50 to $100.
