Table of Contents: Summary Introduction Legal Basis Definitions Eligibility Requirements Allocation and Ordering Storage Delivery Losses Transfers Use and Sale of Commodity Foods Food Safety and Recalls Disaster Feeding Processing Civil Rights Guidelines Commodity Compliance Reviews School Nutrition Program

Agencies receiving donated foods are required to follow the provisions of Title VI of the Civil Rights Act of 1964 and USDA civil rights regulations. These include:

1. have an open admission policy that includes a nondiscrimination statement such as: “This facility is operated in accordance with USDA policy which does   not permit discrimination because of race, color, sex,  age, disability, religion or national origin.” This should be on all application forms and promotional materials.
2. inform the public of program availability and eligibility standards at least every two years. This can be done through newspaper advertisements, flyers, brochures, etc.
3. inform potential participants of any significant program changes.
4. display the USDA “ . . . And Justice for All.” poster. 
5. be able to provide information to participants in other languages if there is a large non-English speaking population.

Recipient agencies (RAs) collect racial and ethnic data on their service area and keep the records on file for three years. This may include self-identification where a written application is required, such as a sign in sheet, or observation by staff. This does not have to be done on a daily basis, but should be done at a regular intervals designated by the recipient agencies (RAs). The identification categories should include American Indian or Alaskan Native, Asian or Pacific Islander, Black (not of Hispanic background), Hispanic and White (not of Hispanic background).

Monitoring for compliance with Civil Rights requirements is done by the State Department of Education for Schools and CACFPs, HHS for the NSIP Title VI. The Commodity Distribution Unit (CDU) monitors all others and coordinates for total compliance.

Compliance with federal laws and USDA civil rights regulations includes an annual training by the recipient agency in these areas:

1. USDA’s nondiscrimination policy;
2. collection of racial and ethnic data;
3. public notification;
4. complaint handling procedures; and
5. general sensitivity to minority needs.

Documentation of the date of training, number of participants, and the instructor must be kept with the Donated Foods Program Application Agreement for three years.

Table of Contents - Select Chapter and choose the Go button.  SummaryIntroductionLegal BasisDefinitionsEligibility RequirementsAllocation and OrderingStorageDeliveryLossesTransfersUse and Sale of Commodity FoodsFood Safety and RecallsDisaster FeedingProcessingCivil Rights GuidelinesCommodity Compliance ReviewsSchool Nutrition Program