[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: 7CFR225.14]



[Page 142-144]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 225_SUMMER FOOD SERVICE PROGRAM--Table of Contents

 

                  Subpart C_Sponsor and Site Provisions

 

Sec. 225.14  Requirements for sponsor participation.





    (a) Applications. Sponsors shall make written application to the 

State agency to participate in the Program. Such application shall be 

made on a timely basis in accordance with the requirements of Sec. 

225.6(b)(1). Sponsors proposing to operate a site during an 

unanticipated school closure during the period from October through 

April (or at any time of the year in an area with a continuous school 

calendar) may be exempt, at the discretion of the State agency, from 

submitting a new application if they have participated in the program at 

any time during the current year or in either of the prior two calendar 

years.



[[Page 143]]



    (b) Sponsor eligibility. Applicants eligible to sponsor the Program 

include:

    (1) Public or nonprofit private school food authorities;

    (2) Public or nonprofit private residential summer camps;

    (3) Units of local, municipal, county, or State governments;

    (4) Public or private nonprofit colleges or universities which are 

currently participating in the National Youth Sports Program; and

    (5) Private nonprofit organizations as defined in Sec. 225.2.

    (c) General requirements. No applicant sponsor shall be eligible to 

participate in the Program unless it:

    (1) Demonstrates financial and administrative capability for Program 

operations and accepts final financial and administrative responsibility 

for total Program operations at all sites at which it proposes to 

conduct a food service;

    (2) Has not been seriously deficient in operating the Program;

    (3) Will conduct a regularly scheduled food service for children 

from areas in which poor economic conditions exist, or qualifies as a 

camp;

    (4) Has adequate supervisory and operational personnel for overall 

monitoring and management of each site, including adequate personnel to 

conduct the visits and reviews required in Sec. Sec. 225.15(d) (2) and 

(3);

    (5) Provides an ongoing year-round service to the community which it 

proposes to serve under the Program, except as provided for in Sec. 

225.6(b)(4);

    (6) Certifies that all sites have been visited and have the 

capability and the facilities to provide the meal service planned for 

the number of children anticipated to be served; and

    (7) Enters into a written agreement with the State agency upon 

approval of its application, as required in Sec. 225.6(e).

    (d) Requirements specific to sponsor types. (1) If the sponsor is a 

camp, it must certify that it will collect information on participants' 

eligibility to support its claim for reimbursement.

    (2) If the sponsor administers the Program at sites that provide 

summer school sessions, it must ensure that these sites are open to 

children enrolled in summer school and to all children residing in the 

area served by the site.

    (3) Sponsors which are units of local, municipal, county or State 

government, and sponsors which are private nonprofit organizations, will 

only be approved to administer the Program at sites where they have 

direct operational control. Operational control means that the sponsor 

shall be responsible for:

    (i) Managing site staff, including the hiring, terminating, and 

determining conditions of employment for site staff; and

    (ii) Exercising management control over Program operations at sites 

throughout the period of Program participation by performing the 

functions specified in Sec. 225.15.

    (4) If the sponsor administers homeless feeding sites, it must:

    (i) Document that the site is not a residential child-care 

institution as defined in paragraph (c) of the definition of 'School' 

contained in Sec. 210.2 of this chapter;

    (ii) Document that the primary purpose of the homeless feeding site 

is to provide shelter and meals to homeless families; and

    (iii) Certify that these sites employ meal counting methods to 

ensure that reimbursement is claimed only for meals served to homeless 

and non-homeless children.

    (5) If the sponsor administers NYSP sites, it must ensure that all 

children at these sites are enrolled participants in the NYSP.

    (6) If the sponsor is a private nonprofit organization, it must 

certify that it:

    (i) Administers the Program:

    (A) At no more than 25 sites, with not more than 300 children being 

served at any approved meal service at any one site, or

    (B) With a waiver granted by the State agency in accordance with 

Sec. 225.6(b)(6)(ii), not more than 500 children being served at any 

approved meal service at any one site;

    (ii) Operates in areas where a school food authority has not 

indicated that it will operate the Program in the current year;



[[Page 144]]



    (iii) Exercises full control and authority over the operation of the 

Program at all sites under its sponsorship;

    (iv) Provides ongoing year-round activities for children or 

families;

    (v) Demonstrates that it possesses adequate management and the 

fiscal capacity to operate the Program; and

    (vi) Meets applicable State and local health, safety, and sanitation 

standards.



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

64 FR 72486, Dec. 28, 1999; 64 FR 72898, Dec. 29, 1999; 65 FR 50128, 

Aug. 17, 2000]