PRINTER'S NO. 2098
No. 1658 Session of 1983
INTRODUCED BY IRVIS, MANDERINO, CAPPABIANCA, WACHOB, KUKOVICH,
RICHARDSON, CIMINI, ZWIKL, OLIVER AND FREEMAN, NOVEMBER 14,
1983
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 14, 1983
AN ACT
1 Providing for the establishment, operation and administration of
2 the Emergency Food Assistance Program for grants to food
3 banks to offset the cost of the purchase, storage,
4 transportation and distribution of food commodities, giving
5 the highest priority to unemployed persons and families; and
6 providing for audits.
7 TABLE OF CONTENTS
8 Section 1. Short title.
9 Section 2. Definitions.
10 Section 3. Emergency Food Assistance Program.
11 Section 4. Powers and duties of food banks.
12 Section 5. Program participation.
13 Section 6. Audit and report.
14 Section 7. Sunset provisions.
15 Section 8. Effective date.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Short title.
19 This act shall be known and may be cited as the Emergency
1 Food Assistance Act.
2 Section 2. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Agricultural commodities." All foods or foodstuffs which
7 are suitable for and fit for human consumption.
8 "Emergency food center." An emergency food center includes
9 nonprofit soup kitchens, food pantries and church food cupboards
10 and shelters with food service capabilities.
11 "Emergency food pantry." A nonprofit entity which operates
12 on the neighborhood or town level, and distributes food boxes
13 containing a wide variety of food products to needy individuals
14 and families.
15 "Food bank." A nonprofit entity which operates on a multi-
16 county basis, and acts as a clearinghouse for surplus, salvaged
17 and jointly-purchased foodstuffs for redistribution to nonprofit
18 agencies and churches which operate emergency food centers.
19 "Program participants." Any individual or family unit which
20 is in need of food assistance because of insufficient public
21 benefits or low wages which are inadequate to feed oneself or
22 one's family, or because an emergency exists within a household
23 for further food to prevent conditions of hunger or
24 undernutrition.
25 Section 3. Emergency Food Assistance Program.
26 (a) Establishment.--There is hereby created an Emergency
27 Food Assistance Program which shall consist of the purchase,
28 transportation, storage or other acquisition of Federal or State
29 agricultural commodities for distribution to program
30 participants.
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1 (b) Purchase requirements.--The agricultural commodities
2 that are purchased with State funds shall be purchased by food
3 banks in bulk quantities at the lowest price available. In
4 addition, the purchased agricultural commodities shall be
5 selected to maximize the utilization of available Federal
6 surplus agricultural commodities.
7 (c) Storage and distribution.--Food banks shall be
8 responsible for the storage and distribution of commodities
9 under this act. To meet expenses for the storage and
10 distribution of foodstuffs made available under this act, food
11 banks shall have the power to assess a shared maintenance fee on
12 local emergency food centers on the basis of the quantity of
13 food ordered. At no time will individuals or families be
14 required to pay for food received through the Emergency Food
15 Assistance Program.
16 Section 4. Powers and duties of food banks.
17 Food banks shall have the following powers and duties:
18 (1) Prepare and supervise the issuance of public
19 information concerning the provisions of the program.
20 (2) Enter into contracts for the purchase of food
21 commodities with food producers, food processors, food
22 manufacturers and food distribution agencies. It is the
23 intent of the General Assembly to encourage the purchase of
24 commodities produced in this Commonwealth when appropriate
25 and feasible.
26 (3) Accept agricultural commodities made available to
27 the State for distribution by the Federal Government.
28 (4) Accept agricultural commodities donated by the
29 private sector for distribution.
30 (5) Assist local emergency food pantries in selecting
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1 the contents of food packages to be distributed under the
2 program to maximize the use of available Federal and State
3 agricultural commodities.
4 (6) Provide agencies in each county with an apportioned
5 share of foodstuffs purchased with State funds, as determined
6 by the Pennsylvania Department of Agriculture.
7 (7) Conduct training sessions in areas which are not
8 adequately served by local emergency food centers to effect
9 the start-up of these services.
10 (8) Make quarterly reports to the Department of
11 Agriculture showing program costs and program activities
12 which shall include, but not be limited to, the number of
13 program participants and the quantity of State and Federal
14 agricultural commodities distributed.
15 Section 5. Program participation.
16 (a) Eligibility.--Eligibility shall be determined by the
17 local emergency food centers. In making a determination that a
18 family does not have sufficient means to purchase food for
19 immediate consumption, the emergency food center shall consider
20 the size of the family unit, its income, including applicable
21 Federal and State assistance, the outstanding and recurring
22 obligations of the family unit and the utilization of available
23 income.
24 (b) Amount of assistance.--Program participants shall
25 receive packages of food which are sufficient to provide at
26 least one full meal per day to the program participant and the
27 family unit of the participant for a period of at least three
28 days, yet not to exceed 14 days.
29 (c) Reapplication.--Persons who are determined to be
30 initially eligible for food assistance shall be required to
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1 apply for other State or Federal supplemental food programs
2 prior to reapplying for assistance under this section.
3 (d) Penalty.--Any person who submits a false or fraudulent
4 claim or who aids, abets or assists another person to submit a
5 false or fraudulent claim or who otherwise violates any
6 provisions of this act shall, upon conviction, be guilty of a
7 summary offense.
8 Section 6. Audit and report.
9 (a) Audit.--The Auditor General shall annually audit the
10 expenses and activities of the Emergency Food Assistance
11 Program. The audit shall be conducted without requiring any
12 payment from the program.
13 (b) Annual report.--Within 30 days after the conclusion of
14 each State fiscal year, each food bank shall submit an annual
15 report to the Governor and the General Assembly which states the
16 amount of foods purchased or acquired by donation, the amount of
17 free Federal surplus agricultural commodities received, the
18 amount of food distributed, the number of eligible participants
19 who received assistance and the amount of food left
20 undistributed.
21 Section 7. Sunset provisions.
22 This act shall expire on June 30, 1986 unless extended by the
23 General Assembly.
24 Section 8. Effective date.
25 This act shall take effect immediately.
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