USDA Foods Processing Program: Cancellation of Policy Memoranda

In order to update and streamline policy guidance for the USDA Foods Processing Program, FNS is cancelling policy memoranda FD-009, FD-025, FD-130, FD-102, FD-030, FD-038, FD-048, FD-103, and FD-108. The guidance provided by these memoranda is outdated and has been superseded by the Final Rule: Revisions and Clarifications in Requirements for the Processing of Donated Foods (Final Processing Rule), which was published on May 1, 2018.

The cancelled memoranda are as follows:

• Policy Memorandum FD-009, Labeling Processed End Products (dated March 24, 2003), is cancelled. The information contained in this memorandum is related to a regulatory requirement that was removed by the Final Processing Rule. It is thus no longer necessary.
• Policy Memorandum FD-025, Fee-For-Service Billing Methods Through a Distributor (dated March 29, 2004), is cancelled. The policy contained in this memorandum has been superseded by program regulations at 7 CFR 250.36.
• Policy Memorandum FD-030, National Approval of End Product Data Schedules (dated Oct. 15, 2004), is cancelled. The policy contained in this memorandum has been incorporated into program regulations at 7 CFR 250.33(a).
• Policy Memorandum FD-038, Elimination of Pricing on End Product Data Schedules and Summary End Product Data Schedule (dated Nov. 1, 2004), is cancelled. The policy contained in this memorandum has been updated and incorporated into program regulations at 7 CFR 250.33(a).
• Policy Memorandum FD-048, State Participation Agreement Period of Agreement (dated Nov. 4, 2005), is cancelled. The policy contained in this memorandum has been revised and incorporated into program regulations at 250.30(j).
• Policy Memorandum FD-102, Waiver and Replacement of Current Regulatory Thresholds for Independent CPA Audits of Multi-State Processors (dated Feb. 4, 2010), is cancelled. The policy contained in this memorandum has been incorporated into program regulations at 7 CFR 250.20(b).
• Policy Memorandum FD-103, Waiver of Requirement to Submit Copies of Refund Requests and Payments with State Monthly Performance Reports (dated Feb. 4, 2010), is cancelled. The waiver provided in this memorandum is related to a regulatory requirement that was removed by the Final Processing Rule. It is thus no longer necessary. Refer to 250.37 for current requirements on performance reports.
• Policy Memorandum FD-108, Waiver of Requirements for State Distributing Agency Submission of Information from Monthly Performance Reports (dated July 27, 2010), is cancelled. The waiver provided in this memorandum is related to a regulatory requirement that was removed by the Final Processing Rule. It is thus no longer necessary. Refer to 250.37 for current requirements on performance reports.
• Policy Memorandum FD-130, Substitution of USDA Beef and Pork (dated May 15, 2013), is cancelled. The policy contained in this memorandum has been incorporated into the National Processing Agreement and into program regulations at 7 CFR 250.34.

Please ensure that your state guidance is updated to reflect these cancellations. Citations must be updated to remove reference to the cancelled memoranda and include reference to the revised regulations, as applicable.

Laura Castro
Director
Food Distribution Division