[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: 7CFR220.3]



[Page 86-87]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 220_SCHOOL BREAKFAST PROGRAM--Table of Contents

 

Sec. 220.3  Administration.



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

in the administration of the Program covered by this part. Within FNS, 

CND shall be responsible for administration of the Program.

    (b) Within the States, responsibility for the administration of the 

Program in schools as defined in Sec. 220.2(u)(1), (u)(2) and (u)(4) 

shall be in the State educational agency, except that FNSRO shall 

administer the Program with respect to nonprofit private schools as 

defined in Sec. 220.2(u)(1) of any State wherein the State educational 

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 nonprofit private schools which have been under 

continuous FNS administration since October 1, 1980, unless the 

administration of such private schools is assumed by a State agency.

    (c) Within the States, responsibility for the administration of the 

Program in schools as defined in Sec. 220.2(u)(3) shall be in the State 

educational agency, or if the State educational agency cannot administer 

the Program in such schools, such other agency of the State as has been 

designated by the Governor or other appropriate executive or legislative 

authority of the State and approved by the Department to administer the 

Program in such schools: Provided, however, That FNSRO shall administer 

the Program in such schools if the State agency is not permitted by law 

to disburse Federal funds paid to it



[[Page 87]]



under the Program to such schools; and Provided, further, That FNSRO 

shall also administer the Program in all other such schools which have 

been under continuous FNS administration since October 1, 1980, unless 

the administration of such schools is assumed by a State agency.

    (d) References in this part to ``FNSRO where applicable'' are to 

FNSRO as the agency administering the Program.

    (e) Each State agency desiring to take part in any of the programs 

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.



(Sec. 804, 816 and 817, Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 1753, 

1756, 1759, 1771 and 1785); 44 U.S.C. 3506)



[Amdt. 25, 41 FR 34759, Aug. 17, 1976, as amended at 47 FR 745, Jan. 7, 

1982; Amdt. 42, 47 FR 14133, Apr. 2, 1982; Amdt. 56, 54 FR 2990, Jan. 

23, 1989]