# Title 67 — Public Instruction, Superintendent of

## Article 67-21 — School Food Programs

## Chapter 67-21-08 — The Emergency Food Assistance Program

Distribution
### § 67-21-08-01. Purpose.

The emergency food assistance program, initiated at the federal level and in partnership with the
states, authorizes the receipt and distribution of United States department of agriculture foods by state
agencies to eligible local emergency feeding organizations.
History: Effective February 1, 2000; amended effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03; 7 CFR 251.1
### § 67-21-08-02. State agency.

The department of public instruction has been designated by the United States department of
agriculture as the state agency in the state of North Dakota to assist in the implementation,
maintenance, and funding of the program for local agencies that wish to participate.
History: Effective February 1, 2000; amended effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03; 7 CFR 251.2
### § 67-21-08-03. Use of federal rules and policies.

Unless otherwise specified in this chapter, eligibility to participate in the emergency food assistance
program is governed by federal rules. The local program shall conform to lawfully issued rules and
policies relating to the food distribution program.
History: Effective February 1, 2000.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 251
### § 67-21-08-04. Availability of United States department of agriculture foods, storage, and

distribution.
Emergency feeding organizations are eligible to receive United States department of agriculture
foods that are made available under sections 202 and 214 of the Emergency Food Assistance Act of
1983. The availability and control of donated commodities must be in accordance with the federal
regulations 7 CFR 251.4 availability of commodities. The department of public instruction establishes
an annual allocation of food entitlement for participating emergency feeding organizations on the basis
of participation.
History: Effective February 1, 2000; amended effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 251.4, 7 CFR 251.6

### § 67-21-08-05. Eligibility.

Local agencies and programs eligible for participation in the emergency food assistance program
are public and nonprofit private organizations that have entered into an agreement with the department
of public instruction to provide nutrition assistance to relieve situations of emergency and distress
through the provision of food to needy persons. Emergency feeding organizations include food
pantries, food banks, hunger centers, soup kitchens, and similar public or private nonprofit eligible
recipient agencies.
History: Effective February 1, 2000; amended effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 251.5
### § 67-21-08-05.1. Monitoring.

The department of public instruction shall conduct onsite reviews of local agency and subrecipient
agency program operations, as specified in the federal regulations, for the purpose of providing
guidance and technical assistance to local agencies. All reviews must ensure local agencies meet
program requirements and objectives.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03; 7 CFR 251.10
### § 67-21-08-06. Distribution plan.

Repealed effective January 1, 2020.
### § 67-21-08-07. Administrative payments.

The department of public instruction shall provide administrative payments to emergency feeding
organizations to support expenses associated with the storage and further distribution of United States
department of agriculture foods. Administrative funds are allocated to participating emergency feeding
organizations on the basis of individual participation.
History: Effective February 1, 2000; amended effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 251.8
