[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: 7CFR215.3]



[Page 71]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 215_SPECIAL MILK PROGRAM FOR CHILDREN--Table of Contents

 

Sec. 215.3  Administration.



    (a) Within the Department, FNS shall act on behalf of the Department 

in the administration of the Program. Within FNS, CND shall be 

responsible for Program administration.

    (b) Within the States, to the extent practicable and permissible 

under State law, responsibility for the administration of the Program in 

schools and child-care institutions shall be in the educational agency 

of the State: Provided, however, That another State agency, upon request 

by the Governor or other appropriate State executive or legislative 

authority, may be approved to administer the Program in schools as 

defined in Sec. 215.2(v)(3) or Sec. 215.2(v)(4) or in child-care 

institutions.

    (c) FNSRO shall administer the Program in any school as defined in 

Sec. 215.2(v)(1), Sec. 215.2(v)(2) or Sec. 215.2(v)(3) or in any 

child-care institution as defined in Sec. 215.2(e) wherein the State 

agency is not permitted by law to disburse Federal funds paid to it 

under the Program; Provided, however, That FNSRO shall also administer 

the Program in all other schools and child-care institutions which have 

been under continuous FNS administration since October 1, 1980 unless 

the administration of such schools and institutions is assumed by a 

State agency. References in this part to ``FNSRO where applicable'' are 

to FNSRO as the agency administering the Program to schools or child-

care institutions within certain States.

    (d) Each State agency desiring to take part in the Program shall 

enter into a written agreement with the Department for the 

administration of the Program in the State in accordance with the 

provisions of this part. Such agreement shall cover the operation of the 

Program during the period specified therein and may be extended at the 

option of the Department.



(Secs. 804, 816 and 817, Pub. L. 97-35; 95 Stat. 521-535 (42 U.S.C. 

1753, 1756, 1759, 1771 and 1785))



[Amdt. 14, 41 FR 31174, July 27, 1976, as amended by Amdt. 24, 47 FR 

14133 Apr. 2, 1982; Amdt. 36, 54 FR 2989, Jan. 23, 1989]



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