Exhibit D.doc

Exhibit D

NATIONAL PROCESSING AGREEMENT (NPA)

STATE PARTICIPATION AGREEMENT (SPA)

This Agreement is subject to the terms and conditions set forth in the National Processing Agreement made by and between the U.S. Department of Agriculture, Food and Nutrition Service and (Processor). (Processor) duly attests that no alterations have been made to the ACDA Core State Participation Agreement (SPA).

State Distributing Agency:

Processor:

Federal EIN:

Signature _____________________________

Date Signature _____________________________

Date

Type of Agreement:

FORMCHECKBOX

Permanent Agreement

Designated Period

Effective to This agreement may be permanent or with a designated period. The SPA may be amended as necessary should any of the information change during a designated agreement period. This Agreement shall not be amended except by a written agreement signed by the parties hereto.

Agreement Termination: This agreement may be terminated by either party upon 30 days written notice. This agreement may be terminated immediately if the processor does not comply with the terms and conditions set forth in this agreement and the National Processing Agreement. Disposition of the USDA Foods inventory shall be in accordance with 7 CFR 250.35 (f).

Processor Agreement(s) with Distributors: The Processor will enter into an agreement with any and all distributors delivering processed end product to recipient agencies and will share data, reporting and crediting information of donated foods, in accordance with §250.30(i). §250.30(j) permits states to add additional requirements for processor agreements. This requirement will be monitored by third party auditors.

Hold/Recall Contact Information: At a minimum, the SDA and Processor must provide each other with the following hold and recall contact information:

Primary point of contact

· Name

· Telephone number

· Mobile phone number

· Fax number

· Email address

A back-up contact if the primary is unavailable

· Name

· Telephone number

· Mobile phone number

· Fax number

· Email address

1. Value Pass Through Systems. The State Distributing Agency will indicate which value pass through systems are acceptable in their State. Processor will indicate which value pass through systems they desire to use in the State and have been approved by USDA in the NPA (National Processing Agreement).

2. Summary End Product Data Schedules (SEPDS). The SEPDS contains summary information from approved EPDS and a master SEPDS approved by USDA. Processor may select specific EPDS for processing in a given state. Attach SEPDS, listing end products that may be sold in the State.

Do you use a subcontractor for the production of any items covered in this agreement?

FORMCHECKBOX

Yes FORMCHECKBOX No

If yes, please identify the subcontractor by name, address, USDA plant number, and each item produced. Per 250.30(h), processors are prohibited from subcontracting without explicit written permission from the State agency or FNS, as appropriate.

Processor must provide written notification to the SDA of any change(s) to the SEPDS including the nature of the change(s); notification may be made electronically. Procedures for State-level SEPDS submission and approval are as follows:

3. CN Labeling. Products, which contribute toward the school meal pattern requirements, may qualify for CN labeling. The SDA should check those that apply.

FORMCHECKBOX

CN Labeling is optional. Recipient agencies may request CN labeled products.

FORMCHECKBOX

CN Labeling is required, if applicable, for the processed product.

FORMCHECKBOX

Submit CN labels with SEPDS.

4. Nutritional Information. Recipient agencies need nutritional information to comply with USDA regulations. State should check those that apply:

FORMCHECKBOX

Processor must provide nutrition information to RA upon request.

FORMCHECKBOX

Processor’s nutrition information has been submitted to USDA Database.

FORMCHECKBOX

Processor’s nutrition information is available on their web site.

(Provide the web address)

FORMCHECKBOX

Processor must submit nutrition information with the SEPDS

5. Grading. Red Meat grading will be performed under Full Certification.

6. By products. If by products are produced, describe method of valuation and credit.

7. List of Eligible Recipient Agencies. The State will provide a list of eligible recipient agencies to the processor upon SDA approval of the State Participation Agreement.

8. Backhauling of USDA Foods. If backhauling is permitted, the processor will not substitute or commingle backhauled donated foods and will provide end products processed from such donated foods only to the distributing or recipient agency from which the food was received. Processor must notify the SDA before backhauling products. Please check those that apply.

SDA permits backhauling

Yes

No

Backhauling permitted from

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State Warehouse

FORMCHECKBOX

Recipient Agency SDA requires a form for requesting approval to backhaul

FORMCHECKBOX

Yes

FORMCHECKBOX

No

9. Special Instructions for Delivery of End Product to Designated Delivery Locations:

10. Electronic Receipting for USDA Foods Processor must register on the USDA’s Web Supply Chain Management (WBSCM) or other applicable USDA system(s). Please register immediately after receiving business partner identification number.

Processor is required to enter all shipment receipts within two calendar days of delivery, using the Web Supply Chain Management (WBSCM) Shipment Receipt Function.

11. Additional SDA Requirements.

The processor must provide the distributor with a list of eligible recipient agencies and either:

(1) The quantities of approved end products that each recipient agency is eligible to receive; or

(2) The quantity of donated food allocated to each recipient agency and the raw donated food (pounds or cases) needed per case of each approved end product.

Per the requirements of 250.36(h), please outline your mechanism for providing recipient agency information with the associated quantities of raw donated food that is available to each recipient agency.

Hold/Recall Contact Form

State Distributing Agency

PROCESSOR HOLD AND RECALL CONTACT INFORMATION

Name of Processor Primary Contact

Back-up Contact

PLEASE COMPLETE AND RETURN ALONG WITH THE SPA AND NOTIFY THE SDA AGENCY IMMEDIATELY AS CHANGES OCCUR

ACDA 01/2019