TEFAP State Plan

Lead Agencies must meet the criteria of 7 CFR 251.3(d) as an eligible recipient agency and as required by WSDA FA:

• Is public, or federally recognized tribe, or
• Is private, possessing tax exempt status under the Internal Revenue Code (IRC), or has applied for tax-exempt status with the IRC, and be moving toward such status.  Nonprofit agencies organized or operated exclusively for religious purposes are automatically tax-exempt under the IRC; and
• Is not a penal institution; and
• Provides food assistance; and is:
  • Exclusively to needy persons for household consumption, pursuant to a means test established pursuant to 7 CFR 251.5(b); or
  • Predominately to needy persons in the form of prepared meals pursuant to 7 CFR 251.5(a)(2).

• Meets all requirements of the Agreement and applicable regulations in 7 CFR 250 and 251 with the designated State agency pursuant 7 CFR 251.2(c) for the receipt of USDA Foods and/or administrative funds; and
• Falls into one of the following categories:
  • Emergency feeding organizations (including community action agencies, food banks, food pantries and meal programs);
  • Charitable institutions (including hospitals and retirement homes);
  • Summer camps for children, or child nutrition programs providing food service;
  • Nutrition projects operating under the Older Americans Act of 1965 (Nutrition Program for the Elderly), including projects that operate congregate Nutrition sites and projects that provide home-delivered meals; and
  • Disaster relief programs

• Meet additional criteria as required by WSDA FA which may include:
  • Be an existing Lead Agency or Sub Agency for other WSDA FA programs.
  • Be registered as a nonprofit corporation with the Washington Secretary of State Office.
  • Registration in the System for Award Management (SAM). 
    • Lead Agency must not be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Federal or State department or agency from participating in transactions. 
  • Have sufficient insurance to provide coverage for the loss of any program foods. Secure adequate insurance; additional information can be found in FD-139 Clarification on Inventory Protection Requirements.

 

Lead Agency Shall Have Contracting Capabilities:

Lead Agencies shall:

• Have management capabilities to administer the Agreement with WSDA FA.
  • Execute and manage program Sub Agency Agreements.
  • Develop Sub Agency management policies and procedures.

• Have sufficient dry, cold, and frozen storage and transportation capacity for USDA Foods.
• Have internal control and fund accounting procedures to ensure the proper disbursement of, and accounting for, all funds.
   

All Lead Agencies Shall Practice Nondiscrimination in Services and Employment:

• Lead Agencies must practice nondiscrimination in the employment of individuals and the delivery of services in all programs of the organization. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA its Agencies, offices and employees, and institutions participating in or administering USDA program are prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
• The Civil Rights Act of 1964 prohibits employment discrimination based on religion but exempts religious entities from this prohibition.  7 CFR § 16.3(c) expressly provides that religious organizations participating in USDA assistance programs do not waive this exemption. Consistent with this legal authority, religious employers may preferentially hire persons whose beliefs and conduct are consistent with the employers’ religious precepts and not be at risk of losing USDA federal assistance funding.
• The full USDA Nondiscrimination Statement can be found on the TEFAP webpage. Other languages are available from USDA at: https://www.fns.usda.gov/cr/fns-nondiscrimination-statement.

Sub Agencies Must Meet Criteria Before Receiving TEFAP Food or Funding:

The Lead Agency shall determine the eligibility of a new food pantry, including tribes, and meal providers prior to Agreements being issued.

• Sub Agencies must meet the criteria of 7 CFR 251.3(d) as an eligible recipient agency which:
  • Is public, or a federally recognized tribe, or
  • Is private, possessing tax exempt status under the Internal Revenue Code (IRC), or has applied for tax-exempt status with the IRC, and be moving toward such status.  Nonprofit agencies organized or operated exclusively for religious purposes are automatically tax-exempt under the IRC; and
  • Is not a penal institution; and
  • Provides food assistance; and is:
    • Exclusively to needy persons for household consumption, pursuant to a means test established pursuant to 7 CFR 251.5(b); or
    • Predominately to needy persons in the form of prepared meals pursuant to 7 CFR 251.5(a)(2).

• Meets the criteria to enter into an Agreement with the designated Lead Agency pursuant to 7 CFR 251.2(c) for the receipt of USDA Foods or administrative funds.
• Falls into one of the following categories:
  • Emergency feeding organizations (including community action agencies, food banks, food pantries and meal programs);
  • Charitable institutions (including hospitals and retirement homes);
  • Summer camps for children, or child nutrition programs providing food service;
  • Nutrition projects operating under the Older Americans Act of 1965 (Nutrition Program for the Elderly), including projects that operate congregate Nutrition sites and projects that provide home-delivered meals; or
  • Disaster relief programs.

• Lead Agencies may also require an organization that is a church and does not have a 501(c)(3) to complete the Alternate 501(c)(3) Church Verification Form (AGR-2241) verifying that the organization is recognized in the community as a church.
• As applicable, be currently registered as a nonprofit corporation with the Secretary of State Office in Washington.
• Have and maintain a System for Award Management (SAM) Unique Entity Identifier (UEI) number throughout the Agreement period.
  • Sub Agency must not be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Federal or State department or agency from participating in transactions.
• Have sufficient dry, cold, and frozen storage capacity for USDA Foods.
• Have sufficient insurance or means to provide coverage for the loss of any program foods.
• Meets additional criteria as required by Lead Agency (WSDA FA prior approval is required).

               

Sub Agencies Receiving Cash:

Sub Agencies receiving cash must:

• Have established internal controls and fund accounting procedures to assure the proper disbursement of, and accounting for, all funds provided.
   

All Sub Agencies Shall Practice Nondiscrimination in Services and Employment:

• Sub Agencies must practice nondiscrimination in the employment of individuals and the delivery of services in all programs of the organization. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA its Agencies, offices and employees, and institutions participating in or administering USDA program are prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. 
• The Civil Rights Act of 1964 prohibits employment discrimination based on religion but exempts religious entities from this prohibition.  7 CFR § 16.3(c) expressly provides that religious organizations participating in USDA assistance programs do not waive this exemption. Consistent with this legal authority, religious employers may preferentially hire persons whose beliefs and conduct are consistent with the employers’ religious precepts and not be at risk of losing USDA federal assistance funding.
• The full USDA Nondiscrimination Statement can be found on the TEFAP webpage. Other languages are available from USDA at: https://www.fns.usda.gov/cr/fns-nondiscrimination-statement.

Client Eligibility and Required Information for Food Pantries:

The Washington State Department of Agriculture (WSDA) Food Assistance (FA) establishes the eligibility criteria for client and household data collection requirements in accordance with federal regulations. Eligibility information must be gathered for household distribution using the TEFAP Household Intake form (AGR-2271) or the TEFAP Individual Client Intake Form - Annual (AGR-2342), or an alternate client intake form and/or method approved by WSDA FA. In addition, we created the TEFAP Client Notification Handout (AGR PUB 609-768) which can be shared with clients.

• The client must self-declare:
  • Their name and household size provided is correct.
  • They reside within this state (there is no minimum length of residency required).
  • Their income is at or below 400 percent of the Federal Poverty Guidelines (net, after taxes) as posted for the distribution.
  • They agree that TEFAP food is for home consumption and the household is in need of this food.

• All clients must be informed of the following:
  • They will not be denied TEFAP food if they do not wish to disclose any information that is not a requirement of TEFAP.
  • They will never need to provide their address, social security number or identification.
  • They will never need to provide proof of citizenship, immigration status, household size or income.
  • Food is not for resale.
  • A copy of the full USDA Nondiscrimination Statement is available upon request.

 

Confidential Applicant and Participant Information:

Participating agencies must handle client information in accordance with the Agreement and all applicable state and federal regulations including 7 CFR 251.1 (c)(1) as applicable and FD-160. All staff and volunteers should be made aware of these requirements:

• Confidential applicant and participation information includes information provided during the TEFAP intake process whether for TEFAP eligibility purposes (see above) or in addition, information unrelated to TEFAP eligibility.
  • This information is confidential regardless of the original source.
  • Confidential applicant and participant information does not include anonymous, de-identified information obtained from TEFAP applicants or participants.
  • Participating agencies may de-identify information by removing links between data and the individuals or households.
    • WSDA FA and the Lead Agency will provide a framework for the sharing of de-identified information and review to ensure compliance.

 

Income Guidelines Exemption Request:

WSDA FA is requesting USDA approval to maintain TEFAP client income eligibility at 400 percent for FFY 2025, 2026, and 2027. USDA previously approved WSDA’s request to make permanent the TEFAP client income eligibility standard at 400 percent of the Federal Poverty Level (FPL). In FFY 25, WSDA FA has again worked with the Food Assistance Advisory Committee (hosted by WA Food Coalition) to identify this same eligibility standard through use of surveys, stakeholder meetings, and current reports/studies examining poverty in Washington State per USDA’s request to again reapply for an eligibility exemption.
WSDA FA can only choose 1 income eligibility standard and bases much of its research on King County which has the highest cost of living and represents 29 percent of the state’s population.
WSDA FA is providing the following data to support this exemption request:

• 93% of partner agencies supported maintaining 400 percent FPL as the eligibility standard (See Attachment-1_SurveyData of the email for reference).
• The Washington Food Coalition with statewide membership supports maintaining 400% FPL as WA State’s TEFAP eligibility standard (See Attachment-2_WFC-Letter_of_Support of the email for reference).  
• In King County:
  • The 2023 Washington State Behavioral Risk Factor Surveillance System on Food Insecurity shows similar disparities continue to persist, with non-white and households with children experiencing higher burdens of food insecurity in King County (See Attachment-3_FoodInsecurityUpdate_2019-2023 of the email for reference).
  • The number of King County residents at 400 percent FPL mirrors the number of King County residents at the 50^th percentile of the University of Washington Center for Women’s Welfare Self-Sufficiency Standard (See Attachment-4_WA2023_400%FPL_SSS of the email for reference).

WSDA has met with USDA and stakeholders and commits to reviewing this income eligibility standard once every three years at a minimum. Maintaining 400 percent FPL is best for all Washington residents and the TEFAP local agencies who serve them.

Updated Income Guidelines are provided to participating agencies annually. Lead Agencies must ensure that Sub Agencies are using current income guidelines and that clients are viewing them at the point of client intake.

• The current TEFAP Income Guidelines (AGR PUB 609-445) can be found on the TEFAP Forms webpage.  Also available in Chinese, Korean, Russian, Somali, Spanish, Ukrainian and Vietnamese.
   

Categorical Eligibility:

Children receiving free or reduced-price meals through the National School Lunch Program are considered automatically income eligible for participating in weekend backpack programs supported with USDA Foods. A parent must give approval for their child to participate, at least annually. 
 

Food Pantry Data Collection for Household Distribution:

Client intake processes have evolved over the years. As a way to ensure compliance, WSDA FA moved towards standardized client intake forms. WSDA FA understands that there is a need for alternate forms, which will be allowed as long as forms receive WSDA FA approval using the Request for Alternate Language Approval (AGR-2325).

• The TEFAP Household Intake Form (AGR-2271), sometimes called a client log, is used to collect data from multiple clients on one form each time the client receives TEFAP food.
• The TEFAP Individual Client Intake Form - Annual (AGR-2342) is used to collect data from one client and is updated on an annual basis.  If using this form, the Sub Agency must also have a way of “counting” each time the client receives food, often called the client card method.
  • Client Card is a method that can be either paper or electronically based and is used by Sub Agencies to identify and track program use each time a client picks up food after the client has filled out the initial TEFAP Individual Client Intake Form - Annual.  If using this method, then the following requirements apply:
    • The client is assumed to be eligible for future distributions, up to 12 months. 
    • The client must be informed that they are required to report any changes in their eligibility information immediately.
• Depending on what type of client intake form the Sub Agency uses, the following information may need to be shown to clients.
  • TEFAP Client Notification Handout (AGR PUB 609-768).
• WSDA FA already collects TEFAP food pantry client data on the TEFAP Lead Agency Inventory Report and is poised to submit this data to USDA FNS as required.
   

Client Information Intake Systems:

Client eligibility information can be acquired using one of these systems:

• Paper intake system where data is collected and kept on file at the Sub Agency’s location and updated on at least an annual basis.

• Combined paper and electronic system where the data is collected on paper and then entered into an electronic system.

• Electronic intake system where client eligibility data is collected solely electronically (i.e. Link2Feed, PantrySOFT). Electronic intake systems must provide the same degree of confidence regarding the accuracy of eligibility determination results from the electronic system as from the traditional, paper-based system.
   

Client Eligibility and Required Information for Meal Programs:

There is no federal standard or requirement for determining the eligibility of people to receive prepared meals. They are presumed to be needy because they seek meals at an approved TEFAP site.

• No means testing of clients is allowed.
• Sites do not have to maintain records of the names of people to whom they serve meals.
• Meal recipients do not have to sign for their meals.
   

Meal Program Reporting Requirements:

• Sub Agencies report the total number of meals served in the reporting month to their Lead Agency on a monthly basis using the Sub Agency Inventory Report (AGR-2272).
• Lead Agencies report the total number of meals served in the reporting month to WSDA FA on a monthly basis using the Lead Agency Inventory Report (AGR-2321).
   

Meal Program Guidelines for Providing Service to Staff/Volunteers that are also Eligible Clients:

• Eligible staff may partake in meals prepared for clients. TEFAP food may not be used to prepare meals for staff that are separate from client meals.

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TEFAP State Plan Table of Contents
Section 2	Section 4
Revision 2024-12