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9 December 2008

[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Page 74687-74688]
From the Federal Register Online via GPO Access []



Food and Nutrition Service

Emergency Food Assistance Program; Availability of Foods for 
Fiscal Year 2009

AGENCY: Food and Nutrition Service, USDA.

ACTION: Notice.


[[Page 74688]]

SUMMARY: This notice announces the surplus and purchased foods that the 
Department expects to make available for donation to States for use in 
providing nutrition assistance to the needy under the Emergency Food 
Assistance Program (TEFAP) in Fiscal Year (FY) 2009. The foods made 
available under this notice must, at the discretion of the State, be 
distributed to eligible recipient agencies for use in preparing meals 
and/or for distribution to households for home consumption.

DATES: Effective Date: October 1, 2008.

FOR FURTHER INFORMATION CONTACT: Lillie Ragan, Assistant Branch Chief, 
Policy Branch, Food Distribution Division, Food and Nutrition Service, 
U.S. Department of Agriculture, 3101 Park Center Drive, Alexandria, 
Virginia 22302-1594 or telephone (703) 305-2662.

SUPPLEMENTARY INFORMATION: In accordance with the provisions set forth 
in the Emergency Food Assistance Act of 1983 (EFAA), 7 U.S.C. 7501, et 
seq., and the Food and Nutrition Act of 2008, 7 U.S.C. 2011, et seq., 
the Department makes foods available to States for use in providing 
nutrition assistance to those in need through TEFAP. In accordance with 
section 214 of the EFAA, 2 U.S.C. 7515, 60 percent of each State's 
share of TEFAP foods is based on the number of people with incomes 
below the poverty level within the State and 40 percent on the number 
of unemployed persons within the State. State officials are responsible 
for establishing the network through which the foods will be used by 
eligible recipient agencies (ERAs) in providing nutrition assistance to 
those in need, and for allocating foods among those agencies. States 
have full discretion in determining the amount of foods that will be 
made available to ERAs for use in preparing meals and/or for 
distribution to households for home consumption.
    The types of foods the Department expects to make available to 
States for distribution through TEFAP in FY 2009 are described below.

Surplus Foods

    Surplus foods donated for distribution under TEFAP are Commodity 
Credit Corporation (CCC) foods purchased under the authority of section 
416 of the Agricultural Act of 1949, 7 U.S.C. 1431 (section 416) and 
foods purchased under the surplus removal authority of section 32 of 
the Act of August 24, 1935, 7 U.S.C. 612c (section 32). The types of 
foods typically purchased under section 416 include dairy, grains, 
oils, and peanut products. The types of foods purchased under section 
32 include meat, poultry, fish, vegetables, dry beans, juices, and 
    In FY 2009, the Department anticipates that there will be 
sufficient quantities of fruit juices, peaches, chicken products, and 
cooked pork patties to support the distribution of these foods through 
TEFAP. Other surplus foods may be made available to TEFAP throughout 
the year. The Department would like to point out that food acquisitions 
are based on changing agricultural market conditions; therefore, the 
availability of foods is subject to change.
    Approximately $92.6 million in surplus foods acquired in FY 2008 
are being delivered to States in FY 2009. These foods include dried 
cherries, fruit nut mix, dates, raisins, frozen peaches, apple slices, 
turkey hams, peanut butter, dried beans (great northern, blackeye, and 
pinto), ham, lamb chops and roasts, dehydrated potatoes, pork patties, 
and the following canned items: Applesauce, apricots, blackeye beans, 
carrots, chicken, green beans, juice (apple, cherry apple, grape, 
orange, tomato, and grapefruit), light kidney beans, pears, peas, 
plums, pork, potatoes, refried beans, salmon, spaghetti sauce, sweet 
potatoes, tomatoes, tomato sauce, and vegetarian beans.

Purchased Foods

    In accordance with section 27 of the Food and Nutrition Act of 
2008, 7 U.S.C. 2036, the Secretary is directed to purchase $250 million 
worth of foods in FY 2009 for distribution through TEFAP. These foods 
are made available to States in addition to those surplus foods which 
otherwise might be provided to States for distribution under TEFAP.
    For FY 2009, the Department anticipates purchasing the following 
foods for distribution through TEFAP: Dehydrated potatoes, frozen 
ground beef, frozen whole chicken, frozen ham, frozen turkey roast, 
blackeye beans, great northern beans, light kidney beans, lima beans, 
pinto beans, egg mix, large eggs, lowfat bakery mix, egg noodles, white 
and yellow corn grits, spaghetti, macaroni, oats, peanut butter, 
roasted peanuts, rice, whole grain rotini, vegetable oil, UHT fluid 1% 
milk, bran flakes, corn flakes, oat cereal, rice cereal, corn cereal, 
and corn and rice cereal; and the following canned items: Green beans, 
blackeye beans, low sodium kidney beans, refried beans, low sodium 
vegetarian beans, carrots, cream corn, whole kernel corn, peas, sliced 
potatoes, pumpkin, low sodium spaghetti sauce, spinach, sweet potatoes, 
tomatoes, diced tomatoes, low sodium tomato sauce, mixed vegetables, 
reduced sodium tomato soup, reduced sodium vegetable soup, apple juice, 
cherry apple juice, grape juice, grapefruit juice, orange juice, tomato 
juice, apricots, applesauce, mixed fruit, freestone and cling peaches, 
pears, plums, beef, beef stew, chicken, pork, and tuna.
    The amounts of each item purchased will depend on the prices the 
Department must pay, as well as the quantity of each item requested by 
the States. Changes in agricultural market conditions may result in the 
availability of additional types of foods or the non-availability of 
one or more types listed above.

    Dated: December 2, 2008.
E. Enrique Gomez,
Acting Administrator, Food and Nutrition Service.
 [FR Doc. E8-29090 Filed 12-8-08; 8:45 am]