<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".59" citation="COMAR 07.03.17.59" title_num="07" subtitle_num="03" chapter_num="17" heading="Meal Providers for the Homeless.">
  <paragraph num="A.">
    <text>Approval and Authorization of Homeless Meal Providers.</text>
    <paragraph num="(1)">
      <text>To accept Program benefits in payment for meals, the homeless meal provider shall be approved by the local department and authorized by the United States Department of Agriculture, Food and Nutrition Service (FNS).</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The local department shall approve in writing the establishment or shelter as a homeless meal provider upon evidence that the establishment or shelter serves meals to homeless individuals.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An approved homeless meal provider shall apply to the FNS local field office for authorization as a retail food store in order to accept Program benefits from homeless individuals. The requirements for approval are as follows:</text>
      <paragraph num="(a)">
        <text>Provide to the FNS the written approval received from the local department;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be a public or private nonprofit organization as defined by the Internal Revenue Code;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Serve meals which include food purchased by the meal provider; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Provide all data on the nature and scope of operations that may be requested by the FNS.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>In this regulation, average cost is determined by averaging food costs over a period of up to 1 calendar month.</text>
  </paragraph>
  <paragraph num="C.">
    <text>After receipt of the FNS authorization, the authorized homeless meal provider shall:</text>
    <paragraph num="(1)">
      <text>Request only voluntary use of Program benefits from a homeless FSP patron;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Establish that the FSP patron is homeless and thus has the right to purchase meals from an authorized homeless meal provider with Program benefits;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Limit the payment requested for the meal to not exceed the average cost of the food purchased by the homeless meal provider; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Provide the option to a FSP patron to eat free or make a donation in cash or Program benefits if other patrons have the option of eating free or making a monetary donation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The meal provider may accept voluntary payments by Program recipients in excess of average cost.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Exclusion of Costs. To determine the amount to be requested from the Program recipient, the meal provider may not consider:</text>
    <paragraph num="(1)">
      <text>The value of donated food from any source; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Indirect costs, such as those incurred in the acquisition, storage, or preparation of the food used in meals.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>A homeless meal provider may not act as an authorized representative for a homeless Program recipient.</text>
  </paragraph>
</regulation>