FNS-667 reg citation

§ 251.10 7 CFR Ch. II (1–1–11 Edition)
shall be subject to disallowance by
FNS.
[52 FR 17934, May 13, 1987, as amended at 59
FR 16975, Apr. 11, 1994; 64 FR 72906, Dec. 29,
1999]

§ 251.10 Miscellaneous provisions.
(a) Records—(1) Commodities. State
agencies, subdistributing agencies (as
defined in § 250.3 of this chapter), and
eligible recipient agencies must maintain
records to document the receipt,
disposal, and inventory of commodities
received under this part that they, in
turn, distribute to eligible recipient
agencies. Such records must be maintained
in accordance with the requirements
set forth in § 250.16 of this chapter.
Eligible recipient agencies must
sign a receipt for program commodities
which they receive under this part for
distribution to households or for use in
preparing meals, and records of all
such receipts must be maintained.
(2) Administrative funds. In addition to
maintaining financial records in accordance
with 7 CFR part 3016, State
agencies must maintain records to document
the amount of funds received
under this part and paid to eligible recipient
agencies for allowable administrative
costs incurred by such eligible
recipient agencies. State agencies must
also ensure that eligible recipient
agencies maintain such records.
(3) Household information. Each distribution
site must collect and maintain
on record for each household receiving
TEFAP commodities for home
consumption, the name of the household
member receiving commodities,
the address of the household (to the extent
practicable), the number of persons
in the household, and the basis for
determining that the household is eligible
to receive commodities for home
consumption.
(4) Record retention. All records required
by this section must be retained
for a period of 3 years from the close of
the Federal Fiscal Year to which they
pertain, or longer if related to an audit
or investigation in progress. State
agencies may take physical possession
of such records on behalf of their eligible
recipient agencies. However, such
records must be reasonably accessible
at all times for use during management
evaluation reviews, audits or investigations.
(b) Commodities not income. In accordance
with section 206 of Pub. L. 98–8, as
amended, and notwithstanding any
other provision of law, commodities
distributed for home consumption and
meals prepared from commodities distributed
under this part shall not be
considered income or resources for any
purposes under any Federal, State, or
local law.
(c) Nondiscrimination. There shall be

no discrimination in the distribution of
foods for home consumption or availability
of meals prepared from commodities
donated under this part because
of race, color, national origin,
sex, age, or handicap.
(d) Reports—(1) Submission of Form
FNS–667. Designated State agencies
must identify funds obligated and disbursed
to cover the costs associated
with the program at the State and
local level. State and local costs must
be identified separately. The data must
be identified on Form FNS–667, Report
of Administrative Costs (TEFAP) and
submitted to the appropriate FNS Regional
Office on a quarterly basis. The
quarterly report must be submitted no
later than 30 calendar days after the
end of the quarter to which it pertains.
The final report must be submitted no
later than 90 calendar days after the
end of the fiscal year to which it pertains.
(2) Reports of excessive inventory. Each
State agency must complete and submit
to the FNS Regional Office reports
to ensure that excessive inventories of
donated foods are not maintained, in
accordance with the requirements of
§ 250.17(a) of this chapter.
(e) State monitoring system. (1) Each
State agency must monitor the operation
of the program to ensure that it
is being administered in accordance
with Federal and State requirements.
State agencies may not delegate this
responsibility.
(2) Unless specific exceptions are approved
in writing by FNS, the State
agency monitoring system must include:
(i) An annual review of at least 25
percent of all eligible recipient agencies
which have signed an agreement
with the State agency pursuant