Section 160.12. Plan of operation

(a) Plan of operation required. The county government, lead agency or emergency food provider entering into a grant agreement with the Department shall prepare and submit to the Department a plan of operation for administering the Program.

(b) Contents. The plan of operation shall set forth the following:

(1) The designation of the county government, lead agency or emergency food provider which shall administer the Program under the terms of the grant agreement.

(2) The names, addresses and positions of those legally responsible under the grant agreement, if other than the county government.

(3) A description of the food distribution system that shall be used to allocate food to emergency food providers and Program participants.

(4) A description of the system that shall be used to allocate grant funds to emergency food providers, if applicable.

(5) The procedures or guidelines which shall be used for determining the eligibility of persons to be Program participants.

(6) A description of the procedures that shall be utilized to collect and assemble the data required in the annual report described in section 7(b) of the act (62 P. S. § 4047(b)).

(7) A statement that grant funds may not be used with respect to ‘‘Foods of Minimal Nutritional Value,’’ as those foods have been most recently defined by the USDA at 7 CFR Part 210, Appendix B (relating to categories of foods of minimal nutritional value), and a description of the measures which shall be taken to enforce this prohibition.

(8) The procedures or guidelines which shall be used to prevent the expenditure of grant funds to duplicate food items that are otherwise available to the county government, lead agency or emergency food provider under USDA commodity programs or through private donations of food to the emergency food providers—such as regional food banks and similar entities—unless the expenditures are permitted under section 3(b)(3) of the act (62 P. S. § 4043(b)(3)).

(9) Other information as the Department may require in furtherance of the provisions of the act or this chapter.

(c) Filing. The original of the plan of operation, plus three copies, shall be forwarded to the Department in the same manner and at the same time as the grant agreement. See § 160.13 (relating to filing the grant agreement).