[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR250.40]

[Page 472]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 250--DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION--Table of Contents
 
           Subpart D--Eligible Recipient Agencies and Programs
 
Sec. 250.40  Nonprofit summer camps for children.


    (a) Distribution. (1) The distributing agency shall distribute 
donated food only to those summer camps which have entered into a 
written agreement for participation in the program with the distributing 
agency in accordance with Sec. 250.12(b). Prior to entering into a 
written agreement, the summer camp shall provide verification of its tax 
exempt status under the Internal Revenue Code. In addition to the terms 
and conditions set forth in Sec. 250.12(b), the written agreement shall, 
at a minimum, include:
    (i) The name and location of the summer camp(s);
    (ii) Number of camps or sites;
    (iii) Number of sessions to be offered during camping season;
    (iv) Number of adults and children participating in the activities 
of the summer camp at each session;
    (v) Total number of days meals will be served;
    (vi) Total number of meals to be served daily;
    (vii) Assurance that tax exempt status will be maintained;
    (viii) Indication of whether the summer camp(s) will employ the 
services of a food service management company;
    (ix) Assurance that a brochure or public announcement of open 
admission policy will be provided and that the summer camp agrees to 
maintain racial/ethnic data;
    (x) Assurance that a physical inventory will be conducted and 
reconciled at the end of the camping session; and
    (xi) Assurance that any excess inventory will, at the distributing 
agency's option, be returned to the distributing agency for redonation 
or transferred in accordance with Sec. 250.13(a)(1).
    (2) Distributing agencies shall distribute donated foods only after 
determining that the number of adults participating in camp activities, 
as compared with the number of children 18 years of age and under, is 
not unreasonable in light of the nature of the camp and the 
characteristics of the children in attendance. Persons 19 years of age 
and over, including program directors, counselors and others who engage 
in recreational, educational, and direct administrative functions, are 
to be considered as adults participating in the activities of a summer 
camp. Employees whose presence on camp premises is solely for the 
purpose of performing duties such as cooking, gardening, property 
maintenance or similar support functions are not considered as adults 
participating in summer camp activities. In addition, persons such as 
nurses, therapists, and attendants who perform professional, 
supervisory, or custodial services are not considered as adults 
participating in the activities of a summer camp if they perform 
services essential to the participation of mentally, emotionally, or 
physically handicapped children.
    (3) Distributing agencies shall authorize the transfer or redonation 
of all donated foods remaining in summer camps at the end of the camping 
season in accordance with Sec. 250.13 (a) or (g) respectively.
    (4) Nonprofit summer camps for children may employ food service 
management companies to conduct food service operations in accordance 
with Sec. 250.12(d).
    (b) Quantities and value of donated foods. Distribution of donated 
food to eligible summer camps shall be made on the basis of the average 
number of meals to be served daily to children as evidence by the most 
recent written caseload factor information contained in the agreement.
    (c) Types of donated foods authorized for donation. Nonprofit summer 
camps for children are eligible to receive donated foods under section 
416, section 32, section 709 and section 4(a).

[53 FR 20426, June 3, 1988, as amended at 62 FR 53729, Oct. 16, 1997]