| DATE: | July 5, 2023 | |
| POLICY MEMO: | FD-153: The Emergency Food Assistance Program (TEFAP) | |
| SUBJECT: | Guidance for Submitting Amendments to TEFAP State Plans per 7 CFR 251.6 | |
| TO: | Regional Directors Supplemental Nutrition Programs MARO, MPRO, MWRO, NERO, SERO, SWRO, and WRO |
State Directors All TEFAP State Agencies |
This memorandum provides guidance to TEFAP state agencies on how to submit proposed amendments to their TEFAP state plans as discussed in existing regulations. Per 7 CFR 251.6, State agencies must have an approved distribution plan, or state plan, in place to operate TEFAP.1 Once approved, state plans are considered permanent.
Program regulations at 7 CFR 251.6 outline that state agencies must submit proposed amendments to their TEFAP state plans to the appropriate FNS regional office when necessary to reflect changes in program operations or administration as described in the plan, or at the request of FNS. This includes both permanent amendments and amendments that will change program operations or administration for a defined period of time (i.e., temporary amendments). This memorandum applies to state plan amendment requests that are temporary or permanent. It does not apply to Farm to Food Bank state plan amendment requests. State agencies should refer to the annual memorandum requesting Farm to Food Bank state plan amendments for guidance on that process.
State plan amendment requests must be submitted in writing by email to the appropriate FNS regional office for review. State plan amendment requests may be submitted at any time. At minimum, the following information must be included in a TEFAP state plan amendment request:
- A description of the requested change.
- A description of why the change is being proposed.
- A description of the implications of the proposed change.
- Whether the request is temporary or permanent.
- If temporary, a start and expiration date must be included.
Some examples of changes to a TEFAP state plan that would require an approved amendment include, but are not limited to:
- increases or decreases to income eligibility guidelines for TEFAP participants;
- other changes to eligibility requirements or processes for participants or eligible recipient agencies (ERAs);
- changes in allowable/unallowable administrative costs;
- changes in the method for determining ERA food or administrative funding allocations; and/or
- any other changes that will have a noticeable effect on program participants, the state agency, ERAs, and/or the operation of the program by the state agency or ERAs.
Proposed changes to state plans must comply with federal statute and regulations. Regional offices will review state plan amendment requests for compliance with existing federal statute and regulations and transmit approval/denial decisions to the state agency in writing by email. Regional offices should aim to review and transmit decisions within 30 days of receipt. If additional information is needed, the regional office will inform the state agency within 15 days of receipt.
To assist TEFAP state agencies with submitting state plan amendment requests, a state plan amendment request template is included with this memorandum as Attachment A.
State agencies should contact their respective FNS regional office with any questions about this memorandum. Regional offices with questions should contact the national office - Supplemental Nutrition and Safety Programs, Policy Division, Food Distribution Policy Branch.
Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Program
Attachment
1 The burden for the state plan amendments is related to OMB #0584-0293 Food Distribution Programs, Expiration: 07/31/2023, Title: State Agency Distribution Plan (7 CFR 251.6(b))