Federal Register - September 1, 2021
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Source: Federal Register
48898
Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations
Distribution Plan to AMS in the form and manner established by AMS to be eligible for program consideration. The completed Dairy Donation and Distribution Plan must include: a The physical locations of the eligible dairy organizations processing plants and the eligible distributors distribution sites;
b The entity type and contact information for the eligible dairy organization;
c Banking information and tax identification number for the eligible dairy organization;
d An affirmation signed by the eligible dairy organization regarding the types of products to be donated and its ability to process and transport eligible dairy products consistent with the commodity specifications under 1146.3; and e An Eligible Distributor Certification Form signed by the eligible distributor regarding its ability to store and distribute donated eligible dairy products to recipient individuals and families.
5. Revise 1146.106 to read as follows:
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1146.106
Reimbursement Claims.
a In order for the eligible dairy organization to receive reimbursement pursuant to 1146.108, the eligible partnership must submit a Reimbursement Claim Form and appropriate supporting documentation to AMS.
1 Required information. Each Reimbursement Claim Form associated with an approved Dairy Donation and Distribution Plan must include:
i The type and amount of eligible dairy products donated to the eligible distributor;
ii The physical locations of the plants that processed the donated dairy products;
iii The date the eligible dairy products were processed;
iv The date the eligible dairy products were shipped to the eligible distributor;
v The respective sell-by, best-by, or use-by dates for the donated dairy products; and vi Other information as needed on the Reimbursement Claim Form to calculate reimbursement.
2 Appropriate verifying documentation. Each Reimbursement Claim Form must be accompanied by documents verifying that the donations reported in the form were made. Such documentation may include, but is not limited to, copies of processing records, shipping records, bills of lading, warehouse receipts,
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distribution records, or other documents demonstrating the reported amount of eligible dairy products were processed, donated, and distributed in accordance with the approved Dairy Donation and Distribution Plan and Eligible Distributor Certification Form and as reported on the Reimbursement Claim Form.
3 Deadline for funding. To be considered for reimbursement, eligible dairy products must be donated from January 1, 2020, until program funds are expended.
b Incomplete reimbursement requests will be returned to the submitter for revision or completion and resubmission as necessary.
6. Add part 1147 to read as follows:
PART 1147DAIRY DONATION
PROGRAM
Subpart AGeneral Provisions Sec.
1147.1 Definitions 1147.3 Commodity specifications Subpart BProgram Participation Sec.
1147.100 Program eligibility 1147.102 Dairy donation and distribution plans 1147.104 Review and approval 1147.106 Reimbursement claims 1147.108 Reimbursement calculation 1147.109 Supplemental reimbursements Subpart CAdministrative Provisions Sec.
1147.200 Program announcement 1147.204 Prohibitions 1147.206 Enforcement 1147.208 Confidentiality 1147.209 Books and records 1147.210 Milk for other programs 1147.212 Expiration of this part Authority: Sec. 762, Pub. L. 116260, 134
Stat. 1182.
Subpart AGeneral Provisions 1147.1
Definitions.
AMS means the Agricultural Marketing Service of the United States Department of Agriculture.
Eligible dairy organization means a dairy farmer, either individually or as part of a cooperative, or a dairy processor that:
1 Accounts to a Federal Milk Marketing Order; and 2 Incurs a qualified expense described in 1147.1.
Eligible dairy product means a dairy product primarily made from milk, including fluid milk, produced and processed in the United States and meeting the specifications referenced in 1147.3.
Eligible distributor means a public or private non-profit feeding organization
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distributing or coordinating distribution of donated eligible dairy products to recipient individuals and families.
Eligible partnership means a partnership between an eligible dairy organization and an eligible distributor.
Program means the Dairy Donation Program established in this part.
Qualified expense means the cost incurred to purchase fresh fluid milk product or bulk dairy commodity product for processing into eligible dairy products.
Secretary means the Secretary of the United States Department of Agriculture or a representative authorized to act in the Secretarys stead.
1147.3
Commodity specifications.
Eligible dairy organizations must comply with all applicable Federal, State, and local laws, executive orders, and rules and regulations related to its performance under this program. To qualify under the program eligible dairy products must meet the following requirements:
a Made primarily from cows bovine milk produced in the United States;
b Packaged in consumer-sized packaging;
c Meet the applicable provisions for dairy products in the Federal Food, Drug, and Cosmetic Act 21 U.S.C. 301
et seq., as amended. Grade A dairy products shall meet the applicable provisions of the current edition of the Pasteurized Milk ordinance; and d Have a sell-by, best-by, or use-by date no sooner than 12 days from the date the eligible dairy product is delivered to the eligible distributor.
Subpart BProgram Participation 1147.100
Program eligibility.
An eligible dairy organization must be a member of an approved eligible partnership pursuant to 1147.1 to be eligible to receive reimbursement related to eligible dairy product donations, subject to the requirements and limitations specified in 1147.102
and 1147.104.
1147.102
plans.
Dairy donation and distribution
Eligible partnerships must submit a completed Dairy Donation and Distribution Plan to AMS in the form and manner established by AMS to be eligible for program consideration. The completed Dairy Donation and Distribution Plan must include: a The physical locations of the eligible dairy organizations processing plants and the eligible distributors distribution sites;
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