FNS-152 & FNS-153 reg citation

§ 250.17 7 CFR Ch. II (1–1–11 Edition)
distributing agency shall maintain accurate
and complete records with respect
to amounts and value of commodities
refused by school food authorities.
School food authorities shall also be
required to maintain such records of
refusals.
(4) Each processor, food service management
company, warehouse, or other
entity which contracts with a distributing
agency, subdistributing agency
or recipient agency shall be required to
keep accurate and complete records
with respect to the receipt, distribution/
disposal, storage and inventory of
such foods similar to those required of
distributing agencies under this paragraph.
Where donated foods have been
commingled with commercial foods,
the processor shall maintain records
which permit an accurate determination
of the donated-food inventory. The
processor shall also be required to keep
formula, recipes, daily or batch production
records, loadout sheets, bills of
lading, and other processing and shipping
records to substantiate the use
made of such foods and their subsequent
redelivery, in whatever form, to
any distributing agency, subdistributing
agency or recipient agency. Processors
must maintain records which
will permit a determination regarding
compliance with the contracting provisions
required by § 250.30(f) (3) and (4) as
well as maintain records used as the
basis for compiling the processor performance
reports required by
§ 250.30(m).
(5) All recipient agencies shall be required
to keep accurate and complete
records showing the data and method
used to determine the number of eligible
persons served by that agency.
(6) Failure by a distributing agency,
subdistributing agency, recipient agency,
processor, food service management
company, warehouse or other entity to
maintain records required by this Section
shall be considered prima facie
evidence of improper distribution or
loss of donated foods and the agency,
processor or entity shall be subject to
the provisions of § 250.13(e).
(b) Length of maintenance. All records
required by this Section shall be retained
for a period of three years from
the close of the fiscal year to which
they pertain. However, in instances
when claims action and/or audit findings
have not been resolved, the
records shall be retained as long as required
for the resolution of such action
or findings.
[53 FR 20426, June 3, 1988, as amended at 67
FR 65015, Oct. 23, 2002]

§ 250.17 Reports.
(a) Inventory reports and receipt of donated
foods. Distributing agencies shall

complete and submit to the FNSRO
semiannual reports regarding excessive
inventories (as defined in § 250.14(f)) of
donated foods, utilizing form FNS–155,
the Inventory Management Register,
except that distributing agencies shall
submit monthly inventory information
on form FNS–152, for the Food Distribution
Program on Indian Reservations,
and on form FNS–153, for the
Commodity Supplemental Food Program.
FNS may require the use of
other reporting formats. FNS may also
require that form FNS–155 be submitted
more frequently than semiannually
if necessary to maintain program
accountability, and that any inventory
report be submitted less frequently
if sufficient to meet program
needs. Reports shall be submitted not
later than 30 calendar days after the
last month in the reporting period as
established by FNS.
(b) Processing inventory reports. Distributing
agencies shall complete and
submit a quarterly processing inventory
report in accordance with
§ 250.30(o).
(c) Performance reports. Monthly reports
of performance shall be submitted
by processors to distributing
agencies in accordance with § 250.30(m).
(d) Commodity acceptability reports.
Distributing agencies shall submit to
the FNSRO reports relative to the
types and forms of donated foods which
are most useful to recipient agencies in
accordance with § 250.13(k) of this part.
(e) Other reports. Distributing agencies
shall complete and submit other
reports relative to distribution operations
in such form as may be required
from time to time by the Department.
(f) Report transmission. Where a report
is to be postmarked by a specific date
and such report is transmitted by
means of a facsimile machine, the date
printed by the facsimile machine on
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