Section 251.13 - [Effective 12/30/2024] Farm to Food Bank Projects(a)Definition of project. Farm to Food Bank Projects are the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged foods donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under section 203D of the Emergency Food Assistance Act of 1983.(b)Availability and allocation of funds. Funds for the costs of carrying out a Farm to Food Bank Project will be allocated to State agencies as follows: (1) Funds made available to the Department for Farm to Food Bank Projects will be distributed to State agencies that have submitted an approved amendment to their State plan. The amendment must describe a plan of operation for a Farm to Food Bank Project and include all elements listed in paragraph (e) of this section. The plan of operation must be updated and resubmitted on an annual basis by the dates requested by FNS.(2) Funds for Farm to Food Bank Projects will be distributed each fiscal year to State agencies using the funding formula defined in § 251.3(h) .(3) Funds will be available to State agencies for one year from the date of allocation.(c)Purpose and use of funds. State agencies may only use funds made available under this section for the costs of carrying out a Farm to Food Bank Project. (1) Farm to Food Bank Projects must have a purpose of:(i) Reducing food waste at the agricultural production, processing, or distribution level through the donation of food;(ii) Providing food to individuals in need; and(iii) Building relationships between agricultural producers, processors, and distributors and emergency feeding organizations through the donation of food.(2) Project funds may only be used for costs associated with harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged foods donated by agricultural producers, processors, or distributors for use by emergency feeding organizations.(3) Project funds cannot be used to purchase foods or for agricultural production activities such as purchasing seeds or planting crops.(d)Matching of funds - (1)State matching requirement. The State agency must provide a cash or in-kind contribution at least equal to the amount of funding received under this section for a Farm to Food Bank Project.(2)Allowable contributions. State agencies shall meet the match requirement in paragraph (d) of this section by providing allowable contributions as described at § 251.9(c) ; contributions must only be for costs which would otherwise be allowable as a Farm to Food Bank Project cost.(3)Emergency feeding organization contributions. Cash or in-kind contributions from emergency feeding organizations that partner with the State agency to administer the Farm to Food Bank Project are allowable.(4)Food donations. Donations of foods, including the value of foods donated as a part of a Farm to Food Bank Project, cannot count toward the match requirement in paragraph (d) of this section.(e)Plans of Operation for Farm to Food Bank Projects. A plan of operation for a Farm to Food Bank Project must include: (1) A high-level summary of the Farm to Food Bank Project.(2) A description of the types of foods expected to be donated through the Project.(3) A list of emergency feeding organizations within the State that will operate the Project in partnership with the State agency.(4) A list of any State agencies that will operate the Project as a part of a cooperative agreement.(5) A description of the Project that includes how the Project will: (i) Reduce food waste at the agricultural production, processing, or distribution level through the donation of food;(ii) Provide food to individuals in need; and(iii) Build relationships between agricultural producers, processors, and distributors and emergency feeding organizations through the donation of food.(6) The fiscal year in which the Project will begin operating; and(7) A description of how the match requirement will be met.(f)Reallocation of funds. If, during the course of the fiscal year, the Department determines that a State agency will not expend all of the funds allocated to the State agency for a fiscal year under this section, the Department shall reallocate the unexpended funds to other State agencies that have an approved State Plan describing a plan of operation for a Farm to Food Bank Project during that fiscal year or the subsequent fiscal year.(g)Reporting requirements. Each State agency to which Farm to Food Bank Project funds are allocated for a fiscal year must submit a report describing use of the funds. The data must be identified on Form SF-425, Federal Financial Report, and submitted to the appropriate FNS Regional Office on a semiannual basis. The reports, including a final report, must be submitted by the dates requested by FNS.(h)Cooperative agreements. State agencies that carry out a Farm to Food Bank Project may enter into cooperative agreements with State agencies of other States to maximize the use of foods donated under the project.