[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR210.9]



[Page 19-21]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 210_NATIONAL SCHOOL LUNCH PROGRAM--Table of Contents

 

     Subpart C_Requirements for School Food Authority Participation

 

Sec. 210.9  Agreement with State agency.





    (a) Application. An official of a school food authority shall make 

written application to the State agency for any school in which it 

desires to operate the Program. Applications shall provide the State 

agency with sufficient information to determine eligibility. The school 

food authority shall also submit for approval a Free and Reduced Price 

Policy Statement in accordance with part 245 of this chapter.

    (b) Agreement. Each school food authority approved to participate in 

the program shall enter into a written agreement with the State agency 

that may be amended as necessary. Nothing in the preceding sentence 

shall be construed to limit the ability of the State agency to suspend 

or terminate the agreement in accordance with Sec. 210.25. If a single 

State agency administers any combination of the Child Nutrition 

Programs, that State agency shall provide each school food authority 

with a single agreement with respect to the operation of those programs. 

The agreement shall contain a statement to the effect that the ``School 

Food Authority and participating schools under its jurisdiction, shall 

comply with all provisions of 7 CFR parts 210 and 245.'' This agreement 

shall provide that each school food authority shall, with respect to 

participating schools under its jurisdiction:

    (1) Maintain a nonprofit school food service and observe the 

limitations on the use of nonprofit school food service revenues set 

forth in Sec. 210.14(a) and the limitations on any competitive school 

food service as set forth in Sec. 210.11(b);

    (2) Limit its net cash resources to an amount that does not exceed 3 

months average expenditures for its nonprofit school food service or 

such other amount as may be approved in accordance with Sec. 210.19(a);

    (3) Maintain a financial management system as prescribed under Sec. 

210.14(c);

    (4) Comply with the requirements of the Department's regulations 

regarding financial management (7 CFR part 3015);

    (5) Serve lunches, during the lunch period, which meet the minimum 

requirements prescribed in Sec. 210.10;

    (6) Price the lunch as a unit;

    (7) Serve lunches free or at a reduced price to all children who are 

determined by the school food authority to be eligible for such meals 

under 7 CFR part 245;

    (8) Claim reimbursement at the assigned rates only for reimbursable 

free, reduced price and paid lunches served to eligible children in 

accordance with 7 CFR part 210. Agree that the school food authority 

official signing the claim shall be responsible for reviewing and 

analyzing meal counts to ensure accuracy as specified in Sec. 210.8 

governing claims for reimbursement. Acknowledge that failure to submit 

accurate claims will result in the recovery of an overclaim and may 

result in the withholding of payments, suspension or termination of the 

program as specified in Sec. 210.25. Acknowledge that if failure to 

submit accurate claims reflects embezzlement, willful mis ap pli ca tion 

of funds, theft, or fraudulent activity, the penalties specified in 

Sec. 210.26 shall apply;

    (9) Count the number of free, reduced price and paid reimbursable 

meals



[[Page 20]]



served to eligible children at the point of service, or through another 

counting system if approved by the State agency;

    (10) Submit Claims for Reimbursement in accordance with Sec. 210.8;

    (11) Comply with the requirements of the Department's regulations 

regarding nondiscrimination (7 CFR parts 15, 15a, 15b);

    (12) Make no discrimination against any child because of his or her 

eligibility for free or reduced price meals in accordance with the 

approved Free and Reduced Price Policy Statement;

    (13) Enter into an agreement to receive donated foods as required by 

7 CFR part 250;

    (14) Maintain, in the storage, preparation and service of food, 

proper sanitation and health standards in conformance with all 

applicable State and local laws and regulations, and comply with the 

food safety inspection requirement of Sec. 210.13(b);

    (15) Accept and use, in as large quantities as may be efficiently 

utilized in its nonprofit school food service, such foods as may be 

offered as a donation by the Department;

    (16) Maintain necessary facilities for storing, preparing and 

serving food;

    (17) Upon request, make all accounts and records pertaining to its 

school food service available to the State agency and to FNS, for audit 

or review, at a reasonable time and place. Such records shall be 

retained for a period of 3 years after the date of the final Claim for 

Reimbursement for the fiscal year to which they pertain, except that if 

audit findings have not been resolved, the records shall be retained 

beyond the 3 year period as long as required for resolution of the 

issues raised by the audit;

    (18) Maintain files of currently approved and denied free and 

reduced price applications, respectively, and the names of children 

approved for free lunches based on documentation certifying that the 

child is included in a household approved to receive benefits under the 

Food Stamp Program, Food Distribution Program for Households on Indian 

Reservations (FDPIR) or Temporary Assistance for Needy Families (TANF). 

If the applications and/or documentation are maintained at the school 

food authority level, they shall be readily retrievable by school;

    (19) Retain the individual applications for free and reduced price 

lunches and meal supplements submitted by families for a period of 3 

years after the end of the fiscal year to which they pertain or as 

otherwise specified under paragraph (b)(17) of this section.

    (20) No later than March 1, 1997, and no later than December 31 of 

each year thereafter, provide the State agency with a list of all 

elementary schools under its jurisdiction in which 50 percent or more of 

enrolled children have been determined eligible for free or reduced 

price meals as of the last operating day the preceding October. The 

State agency may designate a month other than October for the collection 

of this information, in which case the list must be provided to the 

State agency within 60 calendar days following the end of the month 

designated by the State agency. In addition, each school food authority 

shall provide, when available for the schools under its jurisdiction, 

and upon the request of a sponsoring organization of day care homes of 

the Child and Adult Care Food Program, information on the boundaries of 

the attendance areas for the elementary schools identified as having 50 

percent or more of enrolled children certified eligible for free or 

reduced price meals.

    (c) Afterschool care requirements. Those school food authorities 

with eligible schools (as defined in Sec. 210.10(n)(1)) that elect to 

serve meal supplements during afterschool care programs, shall agree to:

    (1) Serve meal supplements which meet the minimum requirements 

prescribed in Sec. 210.10;

    (2) Price the meal supplement as a unit;

    (3) Serve meal supplements free or at a reduced price to all 

children who are determined by the school food authority to be eligible 

for free or reduced price school meals under 7 CFR part 245;

    (4) If charging for meals, the charge for a reduced price meal 

supplement shall not exceed 15 cents;

    (5) Claim reimbursement at the assigned rates only for meal 

supplements



[[Page 21]]



served in accordance with the agreement;

    (6) Claim reimbursement for no more than one meal supplement per 

child per day;

    (7) Review each afterschool care program two times a year; the first 

review shall be made during the first four weeks that the school is in 

operation each school year, except that an afterschool care program 

operating year round shall be reviewed during the first four weeks of 

its initial year of operation, once more during its first year of 

operation, and twice each school year thereafter; and

    (8) Comply with all requirements of this part, except that, claims 

for reimbursement need not be based on ``point of service'' meal 

supplement counts (as required by Sec. 210.9(b)(9)).



[53 FR 29147, Aug. 2, 1988, as amended at 54 FR 12581, Mar. 28, 1989; 56 

FR 32941, July 17, 1991; 58 FR 42488, Aug. 10, 1993; 60 FR 31208, June 

13, 1995; 62 FR 901, Jan. 7, 1997; 63 FR 9104, Feb. 24, 1998; 64 FR 

50740, Sept. 20, 1999; 64 FR 72471, Dec. 28, 1999; 65 FR 26912, May 9, 

2000; 70 FR 34630, June 15, 2005]