[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: 7CFR225.11]



[Page 139-140]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 225_SUMMER FOOD SERVICE PROGRAM--Table of Contents

 

                    Subpart B_State Agency Provisions

 

Sec. 225.11  Corrective action procedures.



    (a) Purpose. The provisions in this section shall be used by the 

State agency to improve Program performance.

    (b) 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. The State agency shall maintain on file all evidence 

relating to such investigations and actions. The State agency shall 

inform the appropriate FNSRO of any suspected fraud or criminal abuse in 

the Program which would result in a loss or misuse of Federal funds. The 

Department may make investigations at the request of the State agency, 

or where the Department determines investigations are appropriate.

    (c) Denial of applications and termination of sponsors. Except as 

specified below, the State agency shall not enter into an agreement with 

any applicant sponsor identifiable through its corporate organization, 

officers, employees, or otherwise, as an institution which participated 

in any Federal child nutrition program and was seriously deficient in 

its operation of any such program. The State agency shall terminate the 

Program agreement with any sponsor which it determines to be seriously 

deficient. However, the State agency shall afford a sponsor reasonable 

opportunity to correct problems before terminating the sponsor for being 

seriously deficient. The State agency may approve the application of a 

sponsor which has been disapproved or terminated in prior years in 

accordance with this paragraph if the sponsor demonstrates to the 

satisfaction of the State agency that the sponsor has taken appropriate 

corrective actions to prevent recurrence of the deficiencies. Serious 

deficiencies which are grounds for disapproval of applications and for 

termination include, but are not limited to, any of the following:

    (1) Noncompliance with the applicable bid procedures and contract 

requirements of Federal child nutrition program regulations;



[[Page 140]]



    (2) The submission of false information to the State agency;

    (3) Failure to return to the State agency any start-up or advance 

payments which exceeded the amount earned for serving meals in 

accordance with this part, or failure to submit all claims for 

reimbursement in any prior year, provided that failure to return any 

advance payments for months for which claims for reimbursement are under 

dispute from any prior year shall not be grounds for disapproval in 

accordance with this paragraph; and

    (4) Program violations at a significant proportion of the sponsor's 

sites. Such violations include, but are not limited to, the following:

    (i) Noncompliance with the meal service time restrictions set forth 

at Sec. 225.16(c);

    (ii) Failure to maintain adequate records;

    (iii) Failure to adjust meal orders to conform to variations in the 

number of participating children;

    (iv) The simultaneous service of more than one meal to any child;

    (v) The claiming of Program payments for meals not served to 

participating children;

    (vi) Service of a significant number of meals which did not include 

required quantities of all meal components;

    (vii) Excessive instances of off-site meal consumption;

    (viii) Continued use of food service management companies that are 

in violation of health codes.

    (d) Meal service restriction. With the exception for residential 

camps set forth at Sec. 225.16(b)(1)(ii), the State agency shall 

restrict to one meal service per day:

    (1) Any food service site which is determined to be in violation of 

the time restrictions for meal service set forth at Sec. 225.16(c) when 

corrective action is not taken within a reasonable time as determined by 

the State agency; and

    (2) All sites under a sponsor if more than 20 percent of the 

sponsor's sites are determined to be in violation of the time 

restrictions set forth at Sec. 225.16(c).



If this action results in children not receiving meals under the 

Program, the State agency shall make reasonable effort to locate another 

source of meal service for these children.

    (e) Meal disallowances. (1) If the State agency determines that a 

sponsor has failed to plan, prepare, or order meals with the objective 

of providing only one meal per child at each meal service at a site, the 

State agency shall disallow the number of children's meals prepared or 

ordered in excess of the number of children served.

    (2) If the State agency observes meal service violations during the 

conduct of a site review, the State agency shall disallow as meals 

served to children all of the meals observed to be in violation.

    (3) The State agency shall also disallow children's meals which are 

in excess of a site's approved level established under Sec. 

225.6(d)(2).

    (f) Corrective action and termination of sites. (1) Whenever the 

State agency observes violations during the course of a site review, it 

shall require the sponsor to take corrective action. If the State agency 

finds a high level of meal service violations, the State agency shall 

require a specific immediate corrective action plan to be followed by 

the sponsor and shall either conduct a follow-up visit or in some other 

manner verify that the specified corrective action has been taken.

    (2) The State agency shall terminate the participation of a 

sponsor's site if the sponsor fails to take action to correct the 

Program violations noted in a State agency review report within the 

timeframes established by the corrective action plan.

    (3) The State agency shall immediately terminate the participation 

of a sponsor's site if during a review it determines that the health or 

safety of the participating children is imminently threatened.

    (4) If the site is vended, the State agency shall within 48 hours 

notify the food service management company providing meals to the site 

of the site's termination.



[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13469, Apr. 10, 1990]