TEFAP — The Emergency Food Assistance Program (7 U.S.C. §§ 7501-7518)

The Emergency Food Assistance Program (TEFAP), codified at 7 U.S.C. Chapter 102, is the federal program that connects USDA-purchased food commodities with food banks, food pantries, soup kitchens, and other emergency feeding organizations across the United States. Under TEFAP, the Secretary of Agriculture makes Commodity Credit Corporation (CCC) surplus commodities available to states, which distribute them through networks of local emergency food providers. TEFAP is the backbone of America's food bank system: the commodities flowing through Feeding America's network of 200 regional food banks and 60,000 local food pantries and soup kitchens are largely TEFAP commodities supplemented by food bank purchases and private donations. In a typical year TEFAP provides hundreds of millions of pounds of food — chicken, beef, cheese, canned vegetables, peanut butter, pasta, and other shelf-stable and refrigerated items — to approximately 5-6 million households annually. TEFAP is distinct from SNAP (food stamps), which provides direct benefits to individuals; TEFAP provides commodities to organizations that then distribute them to households at no charge. TEFAP also funds emergency food infrastructure grants (§ 7511a), the Gus Schumacher Nutrition Incentive Program for produce access at farmers markets (§ 7517), and micro-grants for local food security (§ 7518).

Current Law (2026)

Program Structure — §§ 7502-7503

Commodity availability — § 7502

TEFAP commodities come from two sources:

1. CCC surplus commodities — food the Commodity Credit Corporation acquired through commodity support programs (buying corn, dairy, poultry, pork, etc. to support prices). Rather than storing or destroying this food, TEFAP routes it to emergency feeding organizations. The volume of CCC commodities available varies by year depending on commodity markets and the scale of price support purchases.
2. Section 32 commodities — additional food purchased by the Secretary under Section 32 of the Agricultural Adjustment Act specifically for distribution through nutrition assistance programs including TEFAP.

The Farm Bill provides mandatory entitlement funding — currently $400 million per year — for the Secretary to purchase commodities specifically for TEFAP when CCC surpluses are insufficient to meet need. This makes TEFAP's core commodity supply relatively predictable year-to-year.

State plans — § 7503

To receive TEFAP commodities, each state must submit a State Plan to USDA FNS. The plan must describe:

• How the state will store and distribute commodities
• Which agencies will act as distributing agencies at the state level (typically the state department of agriculture or social services)
• Which local organizations (food banks, food pantries, soup kitchens, shelters) will serve as sub-distributing agencies
• The eligibility criteria the state will use to determine which households receive food (states may set their own criteria subject to a 185% FPL federal ceiling)
• Data collection and reporting procedures

Federal responsibilities — § 7505

USDA FNS must:

• Provide commodities to states quickly in response to emergency needs
• Ensure commodities are properly stored and tracked from federal warehouses to state distribution
• Pay initial processing costs for preparing commodities for distribution (§ 7504) — for example, processing bulk dairy into packaged cheese, or cutting large beef purchases into family-sized packages
• Conduct oversight of state compliance with program requirements

State and local responsibilities — § 7505

States are responsible for:

• Receiving commodities from USDA warehouses and federal distribution points
• Operating or contracting for storage and distribution logistics
• Designating and overseeing local distributing agencies (food banks) and emergency feeding organizations (food pantries, soup kitchens)
• Ensuring that commodities reach eligible households and that organizations don't duplicate TEFAP distributions with other federal food programs in a way that reduces benefit levels

No income substitution — § 7506

A critical program protection: states and feeding organizations may not reduce food assistance already being provided from other sources when TEFAP commodities arrive. TEFAP is intended to supplement, not replace, existing food assistance.

Commodity allotment — § 7515

The Secretary must allocate TEFAP commodities among states using a formula:

• 60% allocated based on the number of persons with incomes below the poverty line
• 40% allocated based on the number of unemployed persons

This formula directs relatively more food to states with high concentrations of poverty and unemployment, which are not always the same states.

Emergency Food Infrastructure Grants — § 7511a

Section 7511a authorizes infrastructure grants to emergency feeding organizations — food banks, food pantries, and soup kitchens — to pay for equipment, storage improvements, and logistics systems. Eligible uses include:

• Refrigeration and freezer equipment (to handle USDA commodities and donated perishable food)
• Warehousing and storage upgrades
• Food tracking and inventory management software
• Transportation equipment (vehicles, forklifts)
• Nutrition promotion programs

These grants are particularly important for smaller regional food banks that lack the capital to invest in the infrastructure needed to handle commodity food at scale. Funding is appropriated annually and administered by USDA FNS in partnership with state TEFAP agencies.

Gus Schumacher Nutrition Incentive Program — § 7517

The Gus Schumacher Nutrition Incentive Program (GusNIP) — named for a former USDA Under Secretary for Farm and Foreign Agricultural Services who championed healthy eating incentives — provides competitive grants to state, local, tribal, and nonprofit organizations to increase the purchasing power of SNAP and WIC participants at farmers markets, farm stands, mobile markets, and community-supported agriculture (CSA) programs.

GusNIP has two components:

• Produce Incentive Grants — "double-up" programs that match SNAP/WIC benefits for fresh fruit and vegetable purchases at participating markets (e.g., a $10 SNAP purchase generates $10 in additional purchasing power for produce)
• Produce Prescription Grants — programs where healthcare providers "prescribe" fresh produce to patients with diet-related conditions (diabetes, hypertension), often coupled with SNAP/WIC matching

GusNIP is the federal authorization for the nationally known "Double Up Food Bucks" programs that operate in most states. The program simultaneously supports low-income household nutrition, increases demand for locally grown produce, and provides revenue to small and mid-size farms selling direct to consumers.

Micro-Grants for Food Security — § 7518

Section 7518 authorizes small grants (typically $5,000-$50,000) to individuals, community-based organizations, and local governments to expand local food production and food security in areas with significant food access problems — particularly in rural areas, urban food deserts, and tribal communities. These micro-grants support community gardens, urban farms, gleaning programs, food co-ops, and other local food security initiatives that complement the larger TEFAP commodity distribution system.

How It Affects You

If you are struggling to afford food: TEFAP food is distributed through food banks and food pantries in every county in the United States — and it is free, with no citizenship requirement (distributing organizations set their own eligibility criteria, which vary by state and organization but typically require only proof of address or low income). Find food resources at feedingamerica.org/find-your-local-foodbank or by calling 211 (the United Way social services hotline). Many food pantries allow walk-in access during distribution hours with minimal documentation requirements. TEFAP food is the same USDA-inspected commodity food provided to school lunch programs and other federal nutrition programs — it is high quality, not "surplus" in the pejorative sense.

If you run a food bank or food pantry: Your organization is likely already participating in TEFAP through your state's distribution network, either directly as a distributing agency or as a sub-distributing agency receiving commodities from your regional food bank. Key program management responsibilities: accurately tracking distribution (households served, pounds distributed), maintaining storage conditions that meet USDA standards, submitting required reports to your state TEFAP agency, and complying with civil rights requirements (Title VI nondiscrimination). Infrastructure grants (§ 7511a) are worth pursuing if your organization needs refrigeration or storage upgrades — applications go through your state TEFAP agency to USDA FNS.

If you are at a farmers market or operate a CSA: The GusNIP program (§ 7517) funds "double-up" programs that can significantly increase your sales to SNAP and WIC participants — and reach them as new regular customers. If your market doesn't have a double-up program, contact your state's SNAP agency or the national GusNIP grantee in your region (Fair Food Network runs the Double Up Food Bucks program nationally) to explore becoming a participating market. GusNIP incentives are particularly valuable for small and mid-sized local farms that can't compete with large distributors on price alone.

If you work in healthcare with food-insecure patients: Produce prescription programs funded by GusNIP (§ 7517) represent a growing federal investment in "food as medicine." If your health system or community health center wants to implement a produce prescription program — giving patients vouchers redeemable for fresh produce at local markets — GusNIP grants are the primary federal funding source. Applications are competitive grants through USDA FNS, and partnerships with an existing food bank or farmers market network strengthen applications significantly.

Implementing Regulations

The USDA Food and Nutrition Service regulations implementing TEFAP live at 7 CFR Part 251 — Emergency Food Assistance Program. Key provisions:

• § 251.2 — Definitions: "distributing agency" is the single state agency designated by the Governor to administer TEFAP; "eligible recipient agency" (ERA) is any food bank, food pantry, soup kitchen, or similar nonprofit that the distributing agency approves to receive USDA Foods
• § 251.4 — State distribution plan: each state must submit to FNS an annual plan describing how it will store and distribute USDA Foods and nutrition education materials; the plan must address distribution methods, sites, eligible recipient agency criteria, and monitoring procedures
• § 251.7 — State monitoring: distributing agencies must review at least 25% of their significant eligible recipient agencies annually; "significant" is defined by the state but must include ERAs with the largest volume; reviews assess food handling, recordkeeping, civil rights compliance, and household eligibility practices
• § 251.10 — Farm to Food Bank Projects: USDA may fund projects that harvest, process, or package donated, surplus, or unharvested agricultural commodities for distribution through TEFAP; these projects bridge the gap between farm surplus and food bank supply chains, supporting both producers and food-insecure households
• § 251.12 — Prohibition on income counting: USDA Foods received through TEFAP may not be counted as income or resources for any federal or state means-tested program — a critical protection ensuring TEFAP participation doesn't reduce other safety-net eligibility
• § 251.3 — State allocation formula: each year, FNS allocates USDA Foods among states based on each state's share of total U.S. unemployed persons and persons at or below 125% of the federal poverty level; allocations are updated annually as unemployment data changes

The Part 251 framework places TEFAP administration firmly in state hands while establishing federal floors for monitoring, civil rights compliance, and record retention. States cannot restrict TEFAP eligibility below the federal ceiling (185% FPL) or impose documentation requirements that create barriers to access. The Farm to Food Bank Projects provision (§ 251.10), funded through mandatory Farm Bill appropriations, has grown into a meaningful procurement channel — allowing states to purchase locally grown produce and other commodities that USDA's central procurement system doesn't reach.

Recent rulemakings: The 2008 Farm Bill and subsequent Farm Bill reauthorizations expanded TEFAP's mandatory funding and the Farm to Food Bank project authority; FNS has issued periodic administrative memoranda updating state plan requirements as distribution models (including mobile pantries and home delivery) have expanded.

State Variations

TEFAP operates through state agencies, so there is meaningful variation in how states implement the program:

• Eligibility criteria: States set income and resource limits within the federal ceiling (185% FPL). Some states use SNAP enrollment as automatic TEFAP eligibility; others have separate applications
• Distribution methods: Some states operate centralized distribution through food banks; others use county-operated distribution sites, church-based pantries, or mobile food pantries for hard-to-reach rural communities
• Documentation requirements: States vary from requiring proof of income to requiring only a self-declaration of need — "client choice" pantry models with minimal documentation have grown significantly
• Commodity storage infrastructure: The quality and capacity of state commodity storage systems varies significantly, affecting the types of TEFAP food available (perishables require cold storage)
• GusNIP program reach: Double Up Food Bucks and similar GusNIP-funded programs are now operating in most states but coverage at the individual farmers market level varies; urban markets tend to have better access to incentive programs than rural markets

Recent Developments

TEFAP and the emergency food system have experienced significant changes since 2020:

• COVID-19 surge — TEFAP commodity volumes increased dramatically during the pandemic as food insecurity spiked; the "Farmers to Families Food Box" program (a related but distinct emergency program) supplemented TEFAP during 2020-2021
• Farm Bill 2023-2025 reauthorization — the Farm Bill extended mandatory TEFAP commodity funding and increased infrastructure grant authorizations; GusNIP received its largest authorization to date
• Online food access: Some TEFAP-affiliated food banks have piloted "virtual pantry" and home delivery models to reach homebound elderly and rural households — regulatory guidance from USDA FNS has expanded allowable distribution models
• Produce and perishables: TEFAP historically distributed primarily shelf-stable commodities; increased cold storage investment through § 7511a grants has expanded the share of fresh produce, dairy, and frozen meat in the TEFAP commodity mix
• Food waste reduction: TEFAP infrastructure grants are increasingly funding cold chain improvements that allow food banks to rescue and distribute more perishable food — connecting the federal commodity program with private food donation streams