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Minnesota Legislature

Office of the Revisor of Statutes

256E.34 FOODSHELF.
    Subdivision 1. Distribution of appropriation. The commissioner must distribute funds
appropriated to the commissioner by law for that purpose to Hunger Solutions, a statewide
association of foodshelves organized as a nonprofit corporation as defined under section 501(c)(3)
of the Internal Revenue Code of 1986, to distribute to qualifying foodshelves. A foodshelf
qualifies under this section if:
(1) it is a nonprofit corporation, or is affiliated with a nonprofit corporation, as defined in
section 501(c)(3) of the Internal Revenue Code of 1986;
(2) it distributes standard food orders without charge to needy individuals. The standard
food order must consist of at least a two-day supply or six pounds per person of nutritionally
balanced food items;
(3) it does not limit food distributions to individuals of a particular religious affiliation, race,
or other criteria unrelated to need or to requirements necessary to administration of a fair and
orderly distribution system;
(4) it does not use the money received or the food distribution program to foster or advance
religious or political views; and
(5) it has a stable address and directly serves individuals.
    Subd. 2. Application. In order to receive money appropriated under this section, Hunger
Solutions must apply to the commissioner. The application must be in a form prescribed by the
commissioner and must indicate the proportion of money each qualifying foodshelf shall receive.
Applications must be filed at the times and for the periods determined by the commissioner.
    Subd. 3. Distribution formula. Hunger Solutions must distribute money distributed to it
by the department to foodshelf programs in proportion to the number of individuals served by
each foodshelf program. The commissioner must gather data from Hunger Solutions or other
appropriate sources to determine the proportionate amount each qualifying foodshelf program is
entitled to receive. The commissioner may increase or decrease the qualifying foodshelf program's
proportionate amount if the commissioner determines the increase or decrease is necessary or
appropriate to meet changing needs or demands.
    Subd. 4. Use of money. At least 96 percent of the money distributed to Hunger Solutions
under this section must be distributed to foodshelf programs to purchase, transport, and coordinate
the distribution of nutritious food to needy individuals and families. No more than four percent of
the money may be expended for other expenses, such as rent, salaries, and other administrative
expenses of Hunger Solutions.
    Subd. 5. Enforcement. Hunger Solutions must retain records documenting expenditure of
the money and comply with any additional requirements imposed by the commissioner. The
commissioner may require Hunger Solutions to report on its use of the funds. The commissioner
may require that the report contain an independent audit. If ineligible expenditures are made
by Hunger Solutions, the ineligible amount must be repaid to the commissioner and deposited
in the general fund.
    Subd. 6. Administrative expenses. All funds appropriated under this section must be
distributed to Hunger Solutions as provided under this section with deduction by the commissioner
for administrative expenses limited to 1.8 percent.
    Subd. 7. Data classification. Data collected on individuals from which the identity of any
individual receiving services may be determined are private data on individuals as defined
in section 13.02.
History: 1998 c 273 s 8; 2000 c 468 s 22; 1Sp2001 c 3 art 3 s 11; 2005 c 98 art 1 s 24