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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations 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 product to be donated and its ability to process and transport eligible dairy products consistent with the commodity specifications under 1147.3; 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.
1147.104

Review and approval.

a Program application and review.
Within 15 business days of the submitted Dairy Donation and Distribution Plan and Eligible Distributor Certification Form, AMS
will review the submitted application and notify the applicant regarding approval or disapproval for program participation.
1 The review will include the following considerations:
i The process the eligible partnership will use for donation, processing, transportation, temporary storage, and distribution of eligible dairy products;
ii The extent to which the Dairy Donation and Distribution Plan promotes the donation of eligible dairy products and prevents and minimizes food waste.
2 AMS will prioritize approval or disapproval of a Plan for which AMS
determines a public health emergency or disaster to be a substantial factor in its submission.
b Plan approval. Subject to the provisions in paragraph a of this section, AMS will determine whether to approve or disapprove Dairy Donation and Distribution Plans for eligible dairy products donated from January 1, 2020, until program funds are expended.

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1147.106

Reimbursement claims.

a In order for the eligible dairy organization to receive reimbursement pursuant to 1147.108, 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;

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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, 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 Eligibility period. To be considered for reimbursement, eligible dairy products must have been donated on or after 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.
1147.108

Reimbursement calculation.

a For each eligible dairy product donated by an eligible dairy organization with an approved Dairy Donation and Distribution Plan, the amount of reimbursement under 1147.106 for the donated eligible dairy product shall be the sum of the values of the input cost, the manufacturing cost, and the transportation cost.
1 The input cost shall be the monthly Federal Milk Marketing Order minimum classified value pursuant to 7
CFR 1000.50 of the fresh fluid milk product raw milk, skim milk, cream, or concentrate fluid product or fluid milk equivalent of the bulk dairy commodity product used to make the donated eligible dairy product pursuant to 7 CFR
1000.40 for the month of processing.
2 The manufacturing cost shall be the manufacturing allowance, on a hundredweight basis, pursuant to 7 CFR
1000.50 for the milk used to produce the donated eligible dairy product pursuant to 7 CFR 1000.40

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i If a Class I product, the Class IV
manufacturing allowance applies;
ii If a Class II product, the Class IV
manufacturing allowance applies;
iii If a Class III product, the Class III
manufacturing allowances applies; or iv If a Class IV product, the Class IV
manufacturing allowances applies.
3 The transportation cost shall be determined by the following:
i The published average U.S. Energy Information Administration average U.S. diesel fuel price for the month the donation was made;
ii The shortest hard-surface distance, in miles, from the plant processing the donated eligible dairy product to the eligible distributor; and iii The fuel economy rate of 5.5
miles per gallon.
b Reimbursement, on a per hundredweight basis, made pursuant to paragraph a of this section may not exceed the Class I price pursuant to 7
CFR 1000.50, 1000.52, and 1006.51 for Dade County, Florida.
1147.109

Supplemental reimbursements.

a The Secretary shall make a supplemental reimbursement to an eligible dairy organization reimbursed under the Milk Donation Reimbursement Program 7 CFR
1146.108 during the period beginning on January 1, 2020, and ending on the date on which funds under 1147.202
are no longer available.
b A supplemental reimbursement described in paragraph a shall be the difference between:
1 The reimbursement for eligible dairy products calculated under 1147.108, and 2 The reimbursement for eligible milk under the Milk Donation Reimbursement Program 7 CFR
1146.108.
Subpart CAdministrative Provisions 1147.200

Program announcement.

a AMS will announce the opportunity to participate in the Dairy Donation Program on the AMS website.
The announcement will specify the manner and form in which program applications should be submitted. AMS
will periodically announce on its website a report describing the donation activity under this program.
b There is no deadline for eligible parties to submit a Dairy Donation and Distribution Plan. AMS will accept and consider Plans on a continuing basis.
1147.204

Prohibitions.

a Prohibition in general. An eligible distributor receiving eligible dairy products donated under the Dairy
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