CFR > Title 7 - Agriculture > SUBTITLE B—Regulations of the Department of Agriculture > CHAPTER II—FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE (parts 210 to 296) > SUBCHAPTER B—GENERAL REGULATIONS AND POLICIES—FOOD DISTRIBUTION (parts 250 to 254) > PART 250—DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION > SUBPART B—General Operating Provisions (§250.10 to §250.24) > 250.11—Eligibility determination for recipient agencies and recipients.

250.11—Eligibility determination for recipient agencies and recipients.

(a) Verification of recipient agency eligibility. Distributing agencies at the request of FNS shall:
(1) Verify that recipient agencies registered to participate in the National Commodity Processing (NCP) Program have a current agreement with the distributing agency to receive donated food in accordance with § 252.1(c) and
(2) Report the results of such verification to FNS within timeframes determined by FNS.
(b) Eligibility of recipient agencies and recipients. Distributing agencies shall determine the eligibility of any agency which submits an application for participation in the program. Distributing agencies shall consider the past performance of recipient agencies when approving applications for participation. Once a recipient agency has been determined to be eligible for participation in the program, the distributing agency shall enter into an agreement with the agency in accordance with § 250.12(b) and make donated food available. Distributing agencies shall impose upon welfare agencies the responsibility for determining that recipients to whom welfare agencies distribute donated foods are eligible: Provided, however: That the State agency or FNSRO administering the applicable program shall determine the eligibility under this part of school food authorities participating under part 210 or part 220, or sponsors participating in the Summer Food Service Program for Children under part 225, of this chapter, and of nonresidential child care institutions participating in the Child Care Food Program under part 226 of this chapter.