[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: 7CFR250.49]

[Page 479-480]
 
                          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.  250.49  Nonresidential child and adult care institutions.

    (a) Distribution. The distributing agency shall distribute donated 
foods only to those nonresidential child care institutions whose 
eligibility for participation in Child Care Food Program has been 
confirmed in writing by the State agency of FNSRO administering

[[Page 480]]

the program, where applicable. Lists of participating nonresidential 
child care institutions which have been prepared by the administering 
State agency or FNSRO may serve as written confirmation of eligibility. 
Nonresidential child care institutions may employ food service 
management companies to conduct food service operations in accordance 
with Sec.  250.12(d) and part 226 of this chapter.
    (b) Quantities and value of donated foods--(1) Quantities. 
Distribution of donated food to a State for nonresidential child and 
adult care institutions shall be calculated by multiplying the number of 
lunches and suppers served in the preceding school year which meet the 
meal-pattern requirements (reimbursable) prescribed in the regulations 
for the Child and Adult Care Food Program under part 226 of this chapter 
by the national average value of donated food as described in paragraph 
(b)(2) of this section. The number of lunches and suppers served shall 
be derived from the monthly claims submitted by participating 
institutions as required by Child and Adult Care Food Program 
regulations at Sec.  226.11(b) of this chapter. After the end of the 
school year, FNS shall reconcile the number of reimbursable meals served 
in each State with the number served in the preceding school year and, 
based on such reconciliation, shall increase or reduce subsequent 
commodity assistance provided to each State. As early as practicable 
each year, but not later than September 1, the estimated number of 
lunches and suppers served in the preceding school year and requests for 
adjustments shall be provided by the administering State agency or the 
FNSRO to the distributing agency. At the discretion of FNS, current year 
adjustments may be made for significant variations in the number of 
meals served. Such current year adjustments will not be routine and will 
only be made for unusual problems encountered in a State, such as a 
disaster that necessitates institutional closures for a prolonged period 
of time.
    (2) Value. For each school year, the national average value of 
donated foods to be made available to States for distribution to 
nonresidential child care institutions, or cash payments in lieu 
thereof, shall not be less than 11 cents for each lunch and supper and 
shall be adjusted on July 1, 1982, and on each July 1 thereafter, to 
reflect changes in the Price Index for food used in schools and 
institutions as prescribed by section 6(e) of the National School Lunch 
Act, as amended. These adjustments shall be computed to the nearest one-
fourth cent and shall be made effective at the beginning of each school 
year.
    (c) Cash in lieu of donated foods. In accordance with part 240 of 
this chapter, State agencies may elect to receive cash payments in lieu 
of donated foods for use by institutions which participate in the Child 
Care Food Program under part 226 of this chapter.
    (d) Types of donated foods authorized for donations. Nonresidential 
child care institutions which participate in the Child Care Food Program 
under part 226 of this chapter are eligible to receive donated foods 
under section 416, section 32, section 709, section 6 and section 14.

[53 FR 20426, June 3, 1988, as amended at 58 FR 39123, July 22, 1993; 62 
FR 53729, Oct. 16, 1997]