How the CARES Act Helps Food and Beverage Processors

In addition, a business eligible to receive a loan through the Section 7(a) loan program is also eligible to receive an economic injury disaster loan emergency grant of up to $10,000, which will be advanced prior to receiving the full loan amount. More information about SBA economic assistance can be found here 

In order to be eligible for the assistance offered through the SBA, a business must be a “small business” as determined by the SBA’s size standards, which are tailored to a particular applicant’s industry. It is important to note, however, the CARES Act expands the definition of a “small business,” particularly for franchises. Therefore, food & beverage businesses should consider whether they meet the act’s revised “small business” definition and are eligible to receive the SBA’s newly expanded financial assistance resources.

In addition to the resources offered by the SBA, food and beverage businesses of any size can take advantage of the various tax benefits included in the CARES Act. For example, the act provides for a retention tax credit on employment taxes to encourage employers to keep workers on payroll during the crisis.

Subject to certain stipulations, the credit is available to employers whose operations are fully or partially suspended due to a COVID-19-related shutdown order, or employers whose gross receipts are down by more than 50% as compared to the same quarter last year. The act also delays payment of employer payroll taxes, allowing employers to defer their share of Social Security tax.

In the event that an employer is not able to keep its employees on payroll, the act enlarges unemployment benefits by offering benefits to those who would otherwise be ineligible, such as employees with limited work histories or who are unable to work as a direct result of the public health emergency.

Moreover, the act offers an additional weekly check of $600, above the existing state unemployment benefits and the promised individual stimulus checks, and provides for an additional 13 weeks of unemployment benefits. The act also increases funding for food stamps or the Supplemental Nutrition Assistance Program.

In addition, the act enables businesses to immediately write-off costs associated with improving facilities instead of depreciating those improvements over the 39-year life of the building and increases the amount of interest expense businesses are allowed to deduct on their 2019 and 2020 tax returns.

The above resources are just a few ways in which the CARES Act aims to assist food & beverage businesses and their employees through this public health crisis. Businesses should act quickly to qualify and utilize these and other resources, as the funds provided under the act are finite and are likely to be in high demand.

Division B of the CARES Act

Division B identifies various emergency appropriations for coronavirus health response and agency operations. This section outlines the various areas in which funds have been appropriated and to identify those who can benefit from these specific funds. In each case, the funds appropriated (as summarized below) are available both domestically and internationally to prevent, prepare for, and respond to the coronavirus.

Food and beverage producer support: $9,.5 billion is earmarked and will be made available for providing support for agricultural producers impacted by COVID-19, including producers of specialty crops, producers that supply local food systems, including farmers’ markets, restaurants, schools and livestock producers, including dairy producers.

Salaries, expenses, and related costs related to the food production industry:The following programs will receive support, and such amounts are designated by Congress as being for emergency requirements pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Section 251(b)(2)(A)(i)) and generally will be available (unless fully expended) through Sept. 30, 2021:

• $750,000 for conducting audits and investigations of projects and activities carried out with funds made available in the act to the Dept. of Agriculture
• $55 million for expenses and salary costs associated with the Agricultural Quarantine and Inspection Program
• $45 million for expenses for salary costs associated with commodity grading, inspection, and audit activities
• $33 million for support of temporary and intermittent workers, relocation inspections and costs of overtime for inspectors under the Federal Meat Inspection Act, Poultry Products Inspection Act, and the

Egg Products Inspection Act

• $3 million for necessary expenses to hire temporary staff and overtime expenses for the Farm Service Agency
• $14 million to be used for the completion of reimbursement to the Commodity Credit Corporation (CCC) for net realized losses sustained, but not previously reimbursed, as reflected in the CCC’s June 2020 report of its financial condition

The passage of the CARES Act is intended to provide much-needed relief across this country, especially to workers and small-business owners who have been impacted by the coronavirus. It should help make citizens throughout the country more financially secure. The USDA and Secretary of Agriculture is still working to establish how these funds will be deployed but has committed to deliver the enumerated relief assistance to members of the food production industries as quickly as possible.

About the Authors: This article was written by Tyler Savage (co-leader of Nixon Peabody’s Food, Beverage & Agribusiness team), Keri McWilliams (co-leader of the Franchise & Distribution team), Marissa Wiley (a partner in the corporate group) and Wesley Gangi (an attorney in the corporate group). Nixon Peabody is a full-service global 100 law firm that handles complex challenges in litigation, real estate, corporate law and intellectual property anywhere in the world.