R990-101-1. Designation as a Qualified Emergency Food Fund Agency

  (1) A qualified emergency food agency, hereinafter referred to as Qualified Agency, is an organization that is;

  (a) exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code, or

  (b) an association of governments or a municipality which, as part of its activities operates a program that has as the program's primary purpose to;

  (i) warehouse and distribute food to other agencies and organizations providing food and food ingredients to low-income persons, or

  (ii) provide food and food ingredients directly to low-income persons.

  (2) For initial designation as a Qualified Agency, an organization must file an application with, and must be approved by, the State Community Services Office (SCSO) before receiving distributions under Utah Code Section 35A-8-1009. The application form and instructions are available on the SCSO Website at http://housing.utah.gov/scso/qefaf.

  (3) After initial designation as a Qualified Agency, a non-profit 501(c)(3) organization must maintain a current Charitable Solicitations Permit issued by the Utah Department of Commerce, Division of Consumer Protection per Utah Code Section 13-22-6 or be exempt under Utah Code Section 13-22-8. An association of governments or a municipality must continue to operate a program which has, as the program's primary purpose, to warehouse and distribute food to other agencies and organizations providing food and food ingredients to low-income persons, or provide food and food ingredients directly to low-income persons.

  (4) All entities applying to be designated as a Qualified Agency must submit a list of current members of the entity's Board of Directors and contact information for the individual primarily responsible for maintaining the organization's financial records. This information should be submitted with the signed copies of the Qualified Agency's Memorandum of Understanding each year.