The KANSAS AGING PROJECTS COMMODITY MANUAL (KAPCM) The KANSAS AGING PROJECTS COMMODITY MANUAL (KAPCM)
1000 GENERAL INFORMATION
The United States Department of Agriculture (USDA), under the authority and charge of public law, provides various foods to help meet many of the nutritional needs of children and adults. Under certain terms and conditions, these foods may be obtained by Federal, State and private agencies for use by eligible program recipients. USDA provides the foods to participating states and Indian Tribal organizations through a variety of food distribution programs. In Kansas, the Department of Social and Rehabilitation Services (SRS) orders the food from USDA and arranges for the receipt, storage and distribution to participating organizations, institutions, and facilities statewide.
Scope and Purpose
The Nutrition Program for the Elderly (NPE) is one of the food distribution programs available through USDA. The Kansas Department on Aging (KDOA) is responsible for program and eligibility issues, while SRS is responsible for ordering the commodities and overseeing the commodity distribution. The Kansas Aging Projects Commodity Manual (KAPCM) has been developed in order to provide the policies and procedures to be followed in the ordering and distribution of USDA commodities for NPE. Throughout the year, USDA buys a variety of foods through programs designed to stabilize farm prices. The food is processed, packaged and transported to designated storage locations within the state for use in preparing meals served to elderly at participating facilities. The state is responsible for the distribution and delivery of food to participating facilities.
1100 COMMODITY AVAILABILITY - The type of products available varies from time to time depending on the agricultural market. USDA provides these foods in package sizes that are suitable for institutional use.
1101 USDA Entitlements to States - State entitlements are established by USDA. This entitlement allocation is based on the level of assistance per meal as required by the Older Americans Act of 1965, as amended, and on the number of eligible meals served within the state.
1102 State Entitlement Offers to Projects - Certain products are available to states on a very limited basis, due to the entitlement/allocation system. Kansas has established an allocation offer system to insure fair and equal product availability to participating NPE projects.
KDOA determines the entitlement amount for each Area Agency on Aging (AAA). Each Area Agency on Aging or KDOA determines the entitlement amount for each participating project. Participating projects determine which of their facilities use commodities. (Not all NPE projects participate in the commodity program. Of those projects that do participate, not all of their facilities receive commodities.)
Allocated quantities of commodities offered to participating projects are based on the following:
1102.1 Allocation of the commodity entitlement amount to NPE projects is determined by KDOA. The SRS Food Distribution Unit, with input from participating projects, determines the variety of commodities chosen for the entitlement.
1102.2 Bonus products are available to projects that choose at least 20% of their cash entitlement in commodities. Bonus foods are not charged to a projects entitlement. The only charge is a per case handling fee. Facilities may choose not to receive bonus products because of the lack of proper resources to care for products or lack of need. Bonus foods not accepted are reallocated to the other facilities as stipulated in Section 1102.1 above or as otherwise determined by SRS when quantities are very limited.
1200 DIVISION OF RESPONSIBILITIES - In order to properly administer the Nutrition Program for the Elderly (NPE) commodity program there are various responsibilities which must be fulfilled by the Federal Government, the State, and participating facilities.
1201 Responsibilities of U.S. Dept. of Agriculture (USDA) - USDA is responsible for the proper administration of commodity programs nationwide. USDA responsibilities include the following:
1201.1 Develop and issue rules and regulations for states to implement and follow in the administration of commodities.
1201.2 Review and audit of the state distributing agency and a sample of participating facilities statewide to insure accountability and program integrity. Provide suggested corrective actions as a part of reviews when necessary.
1201.3 Determine state commodity allocations and arrange for the delivery of commodities from storage facilities and/or vendors to destinations designated by participating states.
1202 Responsibilities of SRS Food Distribution Unit - The Department of Social and Rehabilitation Services (SRS), Food Distribution Unit, has been designated to implement commodity ordering and distribution for NPE in Kansas. The SRS Food Distribution Unit responsibilities for NPE include:
1202.1 Order commodities from USDA and determine the delivery destination of these food products.
1202.2 Develop and modify state policies for ordering and distributing commodities, based upon federal rules and regulations, and assure uniform statewide compliance.
1202.3 Arrange for state level acceptance, storage, and shipping of commodities to various distribution locations statewide.
1202.4 Obtain a signed application/agreement (See Exhibit A) from each project's participating facilities and assure that these facilities understand and agree with the requirements and responsibilities of receiving commodities through NPE. Original signed agreements shall be kept by the SRS Food Distribution Unit and a copy given to each participating facility. Initial application/agreements shall remain in effect for a period of one year from January 1st through December 31st. Subsequent application shall be required annually for determining eligibility for one year periods from January 1st through December 31st. Agreements may be otherwise terminated at any time by either SRS or the facility. The agreement may be terminated by mutual consent of both parties upon thirty (30) days written notice. If the recipient facility ceases to exist, changes ownership, or fails to perform according to the terms of the agreement, SRS and KDOA must be notified immediately. SRS reserves the right to terminate the agreement immediately and transfer any existing inventory of commodities to another location.
1202.5 The application/agreement form shall require facilities to provide information regarding the food services which they provide. In addition, the form provides SRS with updated information necessary to maintain current records and fulfill USDA and State reporting requirements.
1202.6 Establish a commodity service delivery throughout the state which will allow NPE facilities in each area the opportunity to participate in accordance with USDA regulations and instructions.
1202.7 Review or audit participating state level carriers, participating facilities, processors and warehouses to ensure accountability and program integrity.
1202.8 Determine liability in the event commodities are lost, damaged, improperly distributed/used by carriers, warehouses, processors, facilities and others. Establish claims and take appropriate collection actions.
1202.9 Establish and monitor an annual program budget based upon state and/or "user fee" funding. This budget must allow for the payment of all SRS state level administrative expenses. Monitoring shall be completed by SRS, as mandated by federal regulations, in order to assure that the "user fee" charges do not exceed the actual cost of administering the commodity ordering and distribution for NPE.
1202.10 Establish and maintain appropriate intra-state food ordering/delivery, billing/payment, and other necessary program operations for commodities.
1202.11 Maintain state level inventory, distribution, claim, and payment receipt records and provide USDA with reports as required.
1202.12 Investigate and respond to inquiries and/or concerns from USDA, Federal, State and local legislators, facilities, and concerned citizens regarding commodity issues.
1203 Responsibilities of Participating Facilities - Facilities may receive commodities through NPE only if USDA, SRS, and KDOA guidelines are met, and the SRS NPE commodity application/agreement form has been signed. Refer to Exhibit A for the official application/ agreement to be used.
Participating facilities must comply with the following:
1203.1 Maintain an established feeding operation on a regular basis as an integral part of its normal activities.
1203.2 Not discriminate against any person receiving food because of his/her race, ancestry, age, color, national origin, sex, disability, or inability or unwillingness donate to the facility (See Section 3000 for Civil Rights.)
1203.3 Insure that the number of meals served and all other information specified on the application/agreement form is accurate. Facilities and their supervising projects will be held liable for any commodities over allocated to them as the result of their inflating the number of recipients served.
1203.4 Order commodities from SRS in quantities which can be consumed without waste. It is the responsibility of the facility to demonstrate that the full value equivalent to the USDA cost of all commodities are used solely for the benefit of the facility.
1203.5 Remit payment in full for delivery of commodities within thirty (30) days following the date of the billing statement. Failure by a project to complete payment within thirty days (following the date of the billing statement) will constitute reason to suspend the program for such project's facility(ies) until payment of the delinquent account is made in full. See Section 7000 for specific details regarding billing/payments.
1203.6 Used commodities solely in prepared meals for the benefit of those persons served or assisted through NPE. Commodities will not be otherwise disposed of or used for demonstrations, tests, or transferred to another facility without prior written approval of SRS. Under no circumstances will commodities be sold or traded for other goods or services.
1203.7 Provide facilities for the proper handling and storing of commodities. SRS and USDA are authorized to inspect, at any reasonable time, the foods in storage or the facilities and warehouses used in handling or storage of commodities. The recipient facility must: keep its storage facilities clean, dry, orderly; install thermometers in all storage areas (dry, refrigerated and frozen); provide suitable ventilation; provide security for storerooms; provide specified temperatures for certain commodities within their own buildings or in commercial cold storage; use all items on the basis of first in - first out; and take other steps as may be necessary in order to maintain the fitness for human consumption of commodities. See Section 5000 for specific storage and handling requirements.
1203.8 Be liable for all losses or damages to commodities caused by negligence or improper use of commodities. Claims arising thereof may be levied by SRS against the recipient facility and the facility's supervising project to recover the monetary value of commodities so lost or misused. The recipient facility and the facility's supervising project will immediately notify SRS of any losses, "out-of-condition" commodities received or in storage, or excess inventories which cannot be used. Following the required notification of SRS, the recipient facility shall await/follow disposition instructions from SRS. See Sections 5000 and 8000 for specific details regarding losses and claims.
1203.9 Do not under any circumstances provide commodities to processors or food service companies without prior approval of the SRS Food Distribution Unit. (See 2104 for details.)
1203.10 Keep records pertaining to the receipt and use of commodities for a period of not less than three (3) years from the close of the current Federal Fiscal Year (October 1 through September 30). Reports shall be furnished to SRS as required. In instances when claim action and/or audit findings have not been resolved, records shall be retained as long as required for the resolution of such actions or findings.
1203.11 Permit SRS and/or USDA personnel to inspect, at any reasonable time, the commodities in storage, or the facilities or warehouse(s) used in the handling or storage of commodities. The recipient facility must also make available, to SRS and to USDA personnel for examination and audit at any reasonable time and place, all accounts and records, pertinent to NPE. See Section 6000 regarding specific record keeping requirements.
1203.12 Report to SRS any complaints in connection with the receipt and use of commodities.
1203.13 In the event either SRS or the recipient facility or the facility's supervising project terminates participation in the program, comply with instructions from SRS to either utilize all remaining inventories or transfer the remaining inventories to another eligible recipient agency designated by SRS, bear all costs incurred relating to such transfer, and transmit such reports as may be required by SRS to record final disposition.
1203.14 SRS recommends that regular monthly inventory be taken by every facility. Facilities are required to taken an annual physical inventory that shall reconcile with the facilities records. These records must be kept for a period of not less than three (3) years from the close of the current Federal Fiscal year.
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This page was last updated: 02/16/2001 01:34 PM
