[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR215.11]

[Page 76-77]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 215_SPECIAL MILK PROGRAM FOR CHILDREN--Table of Contents
 
Sec.  215.11  Special responsibilities of State agencies.

    (a) [Reserved]
    (b) Program assistance. Each State agency, or FNSRO where 
applicable, shall provide Program assistance, as follows:
    (1) Consultive, technical, and managerial personnel to administer 
the Program and monitor performance of schools and child-care 
institutions and to measure progress toward achieving Program goals.
    (2) Visits to participating schools and child-care institutions to 
ensure compliance with Program regulations and with the Department's 
nondiscrimination regulations (part 15 of this title), issued under 
title VI of the Civil Rights Act of 1964. State agencies shall conduct 
reviews of schools participating in the Program for compliance with the 
provisions of this part when such schools are being reviewed under the 
provisions identified under Sec.  210.18(i) of this title. Compliance 
reviews of participating schools shall focus on the reviewed school's 
compliance with the required certification, counting and milk service 
procedures. School food authorities may appeal a denial of all or a part 
of the Claim for Reimbursement or withholding of payment arising from 
review activity conducted by the State agency under Sec.  210.18 of this 
title or by FNS under Sec.  210.30(d)(2) of this title. Any such appeal 
shall be subject to the procedures set forth under Sec.  210.18(q) of 
this title or Sec.  210.30(d)(3) of this title, as appropriate.
    (3) Documentation of such Program assistance shall be maintained on 
file by the State agency, or FNSRO where applicable.
    (c) Records and reports. (1) Each State agency shall maintain 
Program records as necessary to support the reimbursement payments made 
to child care institutions or School Food Authorities under Sec.  215.8 
and Sec.  215.10 and the reports submitted to FNS under Sec.  
215.11(c)(2). The records may be kept in their original form or on 
microfilm, and shall be retained for a period of three years after the 
date of submission of the final Financial Status Report for the fiscal 
year, except that if audit findings have not been resolved, the records 
shall be retained beyond the three-year period as long as required for 
the resolution of the issues raised by the audit.
    (2) Each State agency shall submit to FNS a final Report of School 
Program Operations (FNS-10) for each month which shall be limited to 
claims submitted in accordance with Sec.  215.10(b) and which shall be 
postmarked and/or

[[Page 77]]

submitted no later than 90 days following the last day of the month 
covered by the report. States shall not receive Program funds for any 
month for which the final report is not submitted within this time limit 
unless FNS grants an exception. Upward adjustments to a State agency's 
report shall not be made after 90 days from the month covered by the 
report unless authorized by FNS. Downward adjustments shall always be 
made, without FNS authorization, regardless of when it is determined 
that such adjustments are necessary. Adjustments shall be reported to 
FNS in accordance with procedures established by FNS. Each State agency 
shall also submit to FNS a quarterly Financial Status Report (SF-269) on 
the use of Program funds. Such reports shall be postmarked and/or 
submitted no later than 30 days after the end of each fiscal year 
quarter. Obligations shall be reported only for the fiscal year in which 
they occur. A final Financial Status Report for each fiscal year shall 
be postmarked and/or submitted to FNS within 120 days after the end of 
the fiscal year. FNS shall not be responsible for reimbursing unpaid 
program obligations reported later than 120 days after the close of the 
fiscal year in which they were incurred.
    (d) Compliance. State agencies, or FNSROs where applicable, shall 
require School Food Authorities and child-care institutions to comply 
with applicable provisions of this part.
    (e) Investigations. Each State Agency shall promptly investigate 
complaints received or irregularities noted in connection with the 
operation of the Program and shall take appropriate action to correct 
any irregularities. State Agencies shall maintain on file evidence of 
such investigations and actions. The Office of Investigation of the 
Department (OI) shall make investigations at the request of the State 
Agency or if CND or FNSRO determines investigations by OI are 
appropriate.

(Sec. 11, Pub. L. 95-166, 91 Stat. 1337 (42 U.S.C. 1772, 1753, 1766); 44 
U.S.C. 3506; sec. 812, Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 
1759a))

[32 FR 12587, Aug. 31, 1967, as amended by Amdt. 13, 39 FR 28417, Aug. 
7, 1974; Amdt. 14, 41 FR 31175, July 27, 1976; 47 FR 745, Jan. 7, 1982; 
Amdt. 25, 47 FR 18564, Apr. 30, 1982; Amdt. 30, 49 FR 18987, May 4, 
1984; 56 FR 32949, July 17, 1991; 57 FR 38586, Aug. 26, 1992]