PRINTER'S NO. 1304
No. 1146 Session of 1991
INTRODUCED BY CAPPABIANCA, KUKOVICH, COLE, WAMBACH, ITKIN,
BELARDI, CALTAGIRONE, S. H. SMITH, COLAIZZO, MELIO, KOSINSKI,
FAIRCHILD, PESCI, JAROLIN, D. W. SNYDER, HALUSKA, McNALLY,
JOSEPHS, BILLOW, CORRIGAN, STURLA, HARPER, BELFANTI, JOHNSON,
GIGLIOTTI, BATTISTO, TRELLO, McCALL, STEELMAN, PISTELLA,
BOYES, VAN HORNE AND MICHLOVIC, APRIL 16, 1991
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 16, 1991
AN ACT
1 Providing for the establishment, operation and administration of
2 the State Food Purchase Program.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the State Food
7 Purchase Program Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Agriculture of the
13 Commonwealth.
14 "Emergency food provider." A nonprofit organization which
15 operates a food pantry, soup kitchen, food bank or other program
1 to relieve hunger, undernutrition and food shortages among needy
2 individuals and families, homeless people and victims of
3 domestic violence.
4 "Program." The State Food Purchase Program.
5 "Program participant." An individual or household which is
6 in need of food assistance to supplement the diet of
7 economically depressed persons to prevent hunger or
8 undernutrition.
9 "Regional food bank." A nonprofit charitable organization
10 qualified under the provisions of section 501(c)(3) of the
11 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1
12 et seq.) which maintains an established operation involving the
13 provision of food to nonprofit food pantries, soup kitchens,
14 shelters or feeding centers that provide food packages or meals
15 to people in need of food assistance.
16 "U.S.D.A. commodity programs." All food which is available
17 through Federal programs.
18 Section 3. State Food Purchase Program.
19 (a) Establishment.--There is hereby established the State
20 Food Purchase Program to provide funds to county governments,
21 regional food banks or emergency food providers for the
22 purchase, transportation, storage and distribution of food
23 products to program participants, as described in this act.
24 These funds may also be used for repackaging and the processing
25 of food for distribution to program participants. This program
26 shall be administered by the department.
27 (b) Purchase requirements.--Purchases shall be made in
28 accordance with the following standards:
29 (1) The food products that are purchased with State
30 funds shall be procured in household or soup kitchen
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1 proportions, depending upon the intended usage.
2 (2) Purchases shall be wholesale, competitive bid prices
3 or better.
4 (3) Food purchased under the program may not duplicate
5 food items available under U.S.D.A. commodity programs or
6 private donations of food to the emergency food providers
7 unless the quantities available through these means are
8 insufficient to meet the county or regional food bank's need
9 for a particular product.
10 (4) The food purchased with program funds shall be
11 combined with food available from other sources to compose a
12 wholesome food package or meal for the program participants.
13 Section 4. Eligibility requirements.
14 The department shall establish procedures and guidelines for
15 determining eligibility of program participants. The
16 department's procedures shall not limit the established
17 guidelines utilized by emergency food providers used for the
18 program. A person who is eligible for food may not be charged
19 for food or be encouraged to contribute money in order to
20 receive food under this program.
21 Section 5. Contracts and subcontracts.
22 The department shall contract with local county governments
23 or authorized agencies for operation of this program. The
24 department, in conjunction with county governments or authorized
25 agencies, may further designate and subcontract with a regional
26 food bank, emergency food provider or county coordinating agency
27 to operate this program. If a county chooses to not participate
28 in the program or chooses to not designate a county coordinating
29 agency to participate on its behalf by the 90th day of the
30 fiscal year, the department shall immediately attempt to
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1 contract with a coordinating agency to administer the program
2 within such county.
3 Section 6. Advisory committee.
4 There is hereby established an advisory committee within the
5 department, to be known as the Emergency Food Assistance
6 Advisory Committee. This committee shall be composed of food and
7 nutrition advocates, regional food bank representatives, county
8 government representatives and representatives of the department
9 and the Governor's Office. The advisory committee shall elect a
10 chairperson at the first meeting of the calendar year who shall
11 be empowered to call meetings when appropriate. The advisory
12 committee shall be composed of not less than ten but no more
13 than 15 members, appointed by the Secretary of Agriculture, no
14 more than three of whom shall be State employees. Members of the
15 advisory committee shall serve without remuneration except for
16 reimbursement for travel expenses.
17 Section 7. Audit and reporting.
18 (a) Audit.--The program established by this act is subject
19 to audit and review by the Auditor General to determine proper
20 operation and compliance with statutes, regulations and
21 policies. Contractors, subcontractors or approved agencies
22 receiving funds or commodities under this act are subject at
23 reasonable times to audit and review by the Auditor General, the
24 department and persons authorized by the department to determine
25 proper operation and compliance with statutes, regulations and
26 policies.
27 (b) Annual report.--Within 90 days after the conclusion of
28 each fiscal year, the entity with whom the department has
29 contracted with for operation of the program shall submit an
30 annual report to the department which accounts fully for or
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1 specifies the expenditure of funds, number of people and
2 households served, variety, pounds and cost of food purchases.
3 Within 180 days of the end of the fiscal year, the Secretary of
4 Agriculture shall submit an annual program report to the
5 Secretary of the Senate and the Chief Clerk of the House of
6 Representatives which shall include, but not be limited to, the
7 allocation and expenditure of funds, the number of people and
8 households served, quantity of food distributed by type of food
9 and total cost and per pound cost of food purchases.
10 Section 8. Prohibited acts.
11 Officials and employees of the county governments, designated
12 coordinating agency, regional food banks and emergency food
13 providers for the program are prohibited from contracting or
14 providing services for profit under the program.
15 Section 9. Rules and regulations.
16 The department shall by regulation develop program guidelines
17 and policies for administration of this act and for a county-by-
18 county allocation formula of funds for this program. The
19 department shall seek the advice and counsel of the Emergency
20 Food Assistance Advisory Committee. The department shall provide
21 technical assistance and information to the emergency food
22 providers, including nutrition information, information about
23 the establishment and operation of emergency food services and
24 information about other Federal and State nutrition programs.
25 Section 10. Effective date.
26 This act shall take effect immediately.
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