For the distribution of food to be considered an eligible emergency protective measure under the COVID-19 Food Policy, the applicant is responsible for demonstrating that the work and costs were incurred to respond to an immediate threat as a result of the COVID-19 emergency. Increased costs of operating a facility or providing a service are generally not eligible, even when directly related to the incident. Here, the Applicant incurred increased operating costs to continue a food distribution program it was providing prior to the COVID-19 pandemic. The Applicant has not demonstrated that the transportation or refrigeration supply costs for its food distribution service are eligible emergency protective measures in response to COVID-19.

FEMA finds that the Applicant has not demonstrated that the costs incurred for providing meals to students are related to an eligible emergency protective measure in response to COVID-19. Therefore, this appeal is denied.

Stafford Act §§ 403. 44 C.F.R. §§ 206.223(a)(1), 206.225(a). PAPPG at 19, 42, 57, 63. Food Policy at 1, 3. Freehold Borough Board of Education, FEMA-4488-DR-NJ at 2, Union Springs Cent. Sch. Dist., FEMA-4480-DR-NY, at 3.