[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: 7CFR215.11]



[Page 75-76]

 

                          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),



[[Page 76]]



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 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]