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RULE §26.102Terms and Definitions

In addition to terms and definitions set out in 7 CFR Parts 250 and 251, and 2 CFR Part 200, the following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. In the event of a conflict between a definition in this section and TDA guidance, the definition in this section shall prevail. In the event of a conflict between a definition in this section and federal law, the provisions of federal law, whether statute, regulation or guidance, shall prevail.

  (1) Allocation--A process of designating entitlement.

  (2) CFR--Code of Federal Regulations.

  (3) Compliance review--A review conducted by TDA of a CE or its sub-distributing agencies; or a review of a sub-distributing agency conducted by a CE.

  (4) Congregate meal--A meal prepared with USDA Foods and provided to persons who gather in a congregate setting to participate.

  (5) Congregate setting--A place where people gather to receive meals prepared with USDA Foods.

  (6) Contracting entity (CE)--An entity that holds a TEFAP agreement with TDA.

  (7) Corrective action plan (CAP)--A plan developed by a CE or sub-agency to correct deficiencies or noncompliance findings relating to the receipt and use of USDA Foods.

  (8) Emergency feeding organization (EFO)--A public or private, nonprofit organization that provides nutrition assistance to relieve situations of emergency and distress through the provision of food to eligible persons.

  (9) Household--An individual or group of related or unrelated individuals (excluding boarders and residents of institutions) who live together as a single economic unit and customarily purchase and prepare food in common.

  (10) ID--Identification.

  (11) Letter of Credit amount--The reimbursement limit during the contract year.

  (12) Participant--A person that participates in TEFAP.

  (13) Policy--Applicable federal and state statutes, regulations and other laws, along with written instructions, guidance, handbooks, manuals, and other documents issued by USDA or TDA to clarify or explain existing laws and regulations. TDA may communicate TEFAP policy by the TEFAP Handbook; email; forms and form instructions; reference in contract; and any other type of communication. TDA may implement policy changes prior to amending state rules, as required by federal laws and regulations, or as needed to implement federal or state laws and regulations.

  (14) Recipient--A person or household receiving USDA Foods.

  (15) Service area--The specific geographical area served by a single TEFAP CE. Service areas are determined, at TDA's discretion, by predefined areas within the state, including, but not limited to, the following: county or counties; zip codes; or neighborhoods.

  (16) Site--a location that holds a TEFAP agreement with either a CE or a sub-distributing agency.

  (17) Sub-agency--The collective term for sub-distributing agencies and sites.

  (18) Sub-distributing agency--An entity that holds a TEFAP agreement with a CE and a site.

  (19) TDA--Texas Department of Agriculture.

  (20) TEFAP--The Emergency Food Assistance Program.

  (21) USDA--United States Department of Agriculture.

Source Note: The provisions of this §26.102 adopted to be effective April 15, 2019, 44 TexReg 1839

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