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Q&As: Food Distribution Programs - Improving Access & Parity Final Rule

The final rule, Food Distribution Programs: Improving Access and Parity changes program regulations to make access and parity improvements within several food distribution programs including:

  • Commodity Supplemental Food Program (CSFP) - 7 CFR 247
  • The Food Distribution Program on Indian Reservations (FDPIR) - 7 CFR 253 and 254
  • The Emergency Food Assistance Program (TEFAP) - 7 CFR 251
  • USDA Foods Disaster Response - 7 CFR 250
1. Who will be affected by the changes in the rule?

Changes in the final rule affect CSFP, TEFAP, and FDPIR participants, in addition to those individuals seeking USDA Foods disaster assistance. The changes also affect state agencies, Indian Tribal Organizations (ITOs), and local agencies that administer CSFP, TEFAP, FDPIR, and USDA Foods in Disasters.

2. Why are we revising food distribution regulations and what are the goals of the final rule?

We are revising food distribution regulations with the following overall aims:

  • Increasing access to TEFAP, CSFP, FDPIR, and USDA Foods Disaster Assistance so that eligible individuals can more easily receive the nutrition resources they need, and program operators can more easily provide those resources;
  • Increasing parity between FDPIR and the Supplemental Nutrition Assistance Program (SNAP);
  • Modernizing program regulations to keep them consistent with current program operations, while also building in flexibility for future changes; and
  • Incorporating lessons learned from implementing these critical programs during the COVID-19 pandemic.

This routine rulemaking action has been in development since 2022. Many of the rule’s provisions have been years in the making and were specifically requested by program partners.

3. What major changes does the rule make?

The rule makes several key changes in each of the affected programs in addition to a number of smaller and nonsubstantive, technical changes in each program. Please see this summary chart for a list of all changes. Several of the major changes are also listed below:

In CSFP, the rule:

  • Increases CSFP’s maximum income eligibility guidelines from 130% of the Federal Poverty Guidelines, to 150% of the Federal Poverty Guidelines, so that the program can reach additional seniors in need.
  • Streamlines CSFP home delivery services by providing flexibility for identity verification requirements at the time of delivery of CSFP foods. This change is intended to help support state and local agencies in modernizing the program’s delivery methods.

Learn more about CSFP changes.

In TEFAP, the rule:

  • Removes a longstanding, burdensome requirement that requires TEFAP eligible recipient agencies (ERAs) to collect the address of all TEFAP participants. This change will streamline the TEFAP intake process and minimize lines at food banks and pantries.
  • Standardizes TEFAP income eligibility standards among state agencies and establishes a maximum income eligibility threshold range for the program. This change will reduce variance in income eligibility across state agencies, and protect TEFAP access for those most in need.

Learn more about TEFAP changes.

In FDPIR, the rule:

  • Allows FNS to waive or modify specific FDPIR administrative requirements under similar processes, for similar amounts of time, and in similar situations as outlined in SNAP regulations. This allows ITOs significantly more regulatory flexibility in administering the program, while increasing parity between FDPIR and SNAP.
  • Increases the FDPIR shelter and utility standard deduction used in income eligibility calculations. It also allows actual shelter and utility expenses to be used. This long overdue change is being made in response to Tribal leader and stakeholder feedback about regional deductions not reflecting actual costs of living in Indian country.

Learn more about FDPIR changes.

In USDA Foods in Disasters, the rule:

  • Removes a longstanding restriction on the simultaneous provision of USDA Foods and Disaster Supplemental Nutrition Assistance Program (D-SNAP) benefits, which was determined to be unnecessary and slowed down the provision of food to those affected by disasters, emergencies, and distress situations.
  • Revises reporting requirements for state agencies operating approved disaster household distributions. This reporting will improve USDA’s and state distributing agencies’ understanding of the quantity and types of USDA Foods available for emergency response and allow USDA to more quickly replace USDA Foods used in disaster response.

Learn more about USDA Foods in Disasters changes.

4. What provisions in the final rule are different from those in the proposed rule?

We made several changes to the provisions in the final rule in response to feedback received on the proposed provisions. We thank everyone in the program community who took the time to submit this feedback; your comments were invaluable in the formation of the final rule.

In total, we received 155 comments on the proposed rule – most of which were supportive, but some that expressed concerns about the administrative burden that some of the rule’s provisions would place on state agencies and Indian Tribal Organizations that operate USDA’s food distribution programs on the ground. In response to these concerns, FNS modified several of the provisions in the final rule to reduce administrative burden. Provisions that were modified include the requirement for CSFP and TEFAP state agencies to post local agency and eligible recipient agency information online, TEFAP state agency reporting requirements related to household participation, and reporting requirements related to Disaster Household Distribution. For a detailed explanation of changes that were made, please refer to the preamble of the final rule.

5. How did we come up with the changes in the final rule?

Many changes in the final rule were initially proposed in response to feedback received from program partners including Feeding America, the National Association of Food Distribution Programs on Indian Reservations (NAFDPIR), the FDPIR Tribal Leaders Consultation Working Group (TLCWG), and the National Commodity Supplemental Food Program Association (NSCFPA). Other changes were identified by FNS leadership and staff to reflect more modern program operations and/or lessons learned from the COVID-19 pandemic. The final provisions in the rule also reflect feedback received during the public comment period for the proposed rule, which was open from August 14, 2023, until Oct. 13, 2023.

6. When will these changes take effect?

Most changes in the final rule take effect 60 days after the date of publication in the Federal Register, on Dec. 30, 2024.

As they may be particularly helpful in responding to near-term program disruptions, the establishment of administrative waiver authority in FDPIR, as well as the provision that allows households to receive both USDA Foods Disaster Assistance and Disaster-SNAP benefits during a disaster, are effective immediately upon publication of this rule.

Six provisions of the final rule will take effect within 60 days of the rule’s publication, but state agencies will not need to implement them for 12 months, or by Oct. 31, 2025. This implementation flexibility is in recognition of the fact that those provisions will require program partners to take more action or implement a larger change in program administration. Those provisions include the requirement for CSFP state agencies to post a copy of their CSFP state plan on a public webpage, the requirement for CSFP state agencies to post local agency information on a public webpage, the requirement for CSFP state agencies to share information about the Senior Farmers’ Market Nutrition Program with CSFP applicants, the requirements for TEFAP state agencies to post eligible recipient agency information and program eligibility information on a public webpage, and requirements for TEFAP state agencies related to TEFAP participation reporting.

7. Does this rule affect USDA Foods in Schools/USDA Foods in the child nutrition programs?

The final rule does not make any specific changes to the use of USDA Foods in the child nutrition programs, including the National School Lunch Program (NSLP); however, USDA Foods intended for child nutrition programs are frequently used in disaster response, so the changes being made to USDA Foods Disaster Assistance would apply to child nutrition state agencies. 

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Page updated: November 26, 2024