Ch. 3: Temporary Emergency Food Assistance Program

section.

Complete and submit in a timely manner all reports required by the Department or by USDA.

Cooperate with any monitoring visits or investigations made by the Department or by USDA.

Make available to an auditor all materials and documentation necessary to permit a conclusion by the auditor on the allowability of expenditures.

Comply with all provisions of the Act; 7 CFR 251 and 7 CFR 250, as applicable; these rules; any agreements entered into with the Department; and the Department’s Distribution Plan.

Comply with the procedures and policies regarding claims as prescribed by the Department and USDA.

Maintain adequate insurance to cover any injury suffered by emergency feeding organization personnel, volunteers, or clients involved in the distribution.

Ensure that activities conducted at distribution sites and unrelated to TEFAP do not interfere with the operation of the distribution and, further, that such activities are clearly not endorsed by the State or USDA. Ensure that persons conducting activities at distribution sites shall make clear that cooperation is not a condition of the receipt of USDA Foods. Cooperation includes contributing money, signing petitions, or conversing with the persons.

Eligibility and Documentation

A household is eligible for the food assistance program if either:

A member of the household participates in any of the following federal or state programs:

HEAP (Home Energy Assistance Program);

Supplemental Nutrition Assistance Program (SNAP, formerly food stamps);

Medicaid;

Supplemental Security Income (SSI);

Low Cost Drugs for the Elderly or Disabled (DEL) Program; or

Special Supplemental Nutrition Program for Women, Infants and Children (WIC).

The annual household income is less than or equal to 185% of the federal poverty guidelines or less than or equal to the percentage of the federal poverty guidelines as reflected in the most current State of Maine TEFAP Distribution Plan

Security Income (SSI);

Low Cost Drugs for the Elderly or Disabled (DEL) Program; or

Special Supplemental Nutrition Program for Women, Infants and Children (WIC).

The annual household income is less than or equal to 185% of the federal poverty guidelines or less than or equal to the percentage of the federal poverty guidelines as reflected in the most current State of Maine TEFAP Distribution Plan.

The household must demonstrate its eligibility in one of the following ways:

Complete the application form, providing:

The number and names of all household members;

The household address;

A statement that the household participates in one of the programs set forth in Section 3(2)(A)(1) or that the household income is at or below the allowable amounts set forth in Section 3(2)(A)(2). If the household participates in one of the eligible programs, the emergency feeding organization shall request but not require proof of such participation.

Members of the household must be residents of the State of Maine. Proof of residency may be required by the emergency food organization.

No person shall be denied participation in the food assistance program because of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Under no circumstances will recipients of USDA Foods be required to make any payments in money, materials, or services for or in conjunction with the receipt of USDA Foods, nor shall voluntary contributions of any kind be solicited from recipients in connection with the receipt of USDA Foods.

Distribution

Notwithstanding any provision of law, USDA Foods distributed under these rules shall not be considered income or resource for any purposes under any federal, state, or local law.

None of the USDA Foods distributed under the food assistance program shall be sold or otherwise disposed of in commercial channels in any form

ted from recipients in connection with the receipt of USDA Foods.

Distribution

Notwithstanding any provision of law, USDA Foods distributed under these rules shall not be considered income or resource for any purposes under any federal, state, or local law.

None of the USDA Foods distributed under the food assistance program shall be sold or otherwise disposed of in commercial channels in any form.

Confidentiality and Complaints

All information about applicants shall be considered confidential and shall not be released to any person or agency not directly involved in the administration or auditing of the food assistance program except with the express written consent of the applicant.

Complaints

Complaints from recipients or denied applicants, or complaints of other sources of poor administration of the program, including but not limited to duplication or fraud; complaints of failure to provide assistance; or any other complaint shall be made in writing to the Department and/or the appropriate emergency feeding organization.

If the Department determines that the complaint would be more appropriately handled by the emergency feeding organization, it shall refer the complaint accordingly.

The Department or the emergency feeding organization will immediately investigate any such complaints and provide the complaining party with the results in writing of the investigation of the complaint.

THE EMERGENCY FOOD ASSISTANCE PROGRAM FUND GRANT

Purpose

Emergency Food Assistance Program Fund, as established by P.L. 2021, ch. 437, § 1, is a non-lapsing fund to support TEFAP as administered by the Department. The objective of the Fund is to provide financial support for Eligible Recipient Agencies through a competitive grant program.

The grant program will help finance eligible purchases and projects that allow ERA’s to increase their capacity to meet the nutrition assistance needs of their clientele

d by P.L. 2021, ch. 437, § 1, is a non-lapsing fund to support TEFAP as administered by the Department. The objective of the Fund is to provide financial support for Eligible Recipient Agencies through a competitive grant program.

The grant program will help finance eligible purchases and projects that allow ERA’s to increase their capacity to meet the nutrition assistance needs of their clientele.

Eligible grant uses of the Fund include the following:

Infrastructure-related projects or items that are solely intended to increase the infrastructure capacity of an ERA to meet the nutrition assistance needs of the ERA’s clientele: the design, construction, renovation, or improvements to existing buildings or systems; critical cooling or freezing equipment, storage improvements such as shelving; and storage and distribution-related equipment such as trailers, carts, and pallet jacks.

The purchase of food for distribution to the ERA’s clientele.

Grant Amount

The grant program is funded through annual State income tax return donations, as detailed by 36 M.R.S. § 5293 (2023), and the funding balance will, by its nature, fluctuate depending on the amount of donations received. The Department will determine the timing of the grant program and the maximum grant amounts based on the funds available.

When a grant is awarded, the Department may impose conditions and requirements designed to provide for accountability and achievement of program objectives.

Application Process

The Department shall issue a grant application solicitation request in accordance with departmental rule chapter 001-00x (Rules for Grant Administration and Appeals).

Grant applications must be submitted in accordance with the instructions and criteria included in the grant solicitation

d requirements designed to provide for accountability and achievement of program objectives.

Application Process

The Department shall issue a grant application solicitation request in accordance with departmental rule chapter 001-00x (Rules for Grant Administration and Appeals).

Grant applications must be submitted in accordance with the instructions and criteria included in the grant solicitation. At a minimum, the grant solicitation will require applicants to include the following information and descriptions:

Scope of work

Budget and budget narrative

Impact on operational capacity

Community need

Community collaboration

Administration and Scoring

Criteria for the Department’s evaluation of applications consistent with this rule will be set forth in the grant solicitation.

The Commissioner shall make the final decision on grant awards based on recommendations from the Grant Selection Committee.

Appeals

Award decisions may be appealed. Department rule Chapter 8 shall apply (Rule for Grant Administration and Appeals).