[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: 7CFR225.7]



[Page 132-134]

 

                          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. 225.7  Program monitoring and assistance.



    (a) Training. Prior to the beginning of Program operations, each 

State agency shall make available training in all necessary areas of 

Program administration to sponsor personnel, food service management 

company representatives, auditors, and health inspectors who will 

participate in the Program in that State. Prior to Program operations, 

the State agency shall ensure that the sponsor's supervisory personnel 

responsible for the food service receive training in all necessary areas 

of Program administration and operations. This training shall reflect 

the fact that individual sponsors or groups of sponsors require 

different levels and areas of Program training. State agencies are 

encouraged to utilize in such training, and in the training of site 

personnel, sponsor personnel who have previously participated in the 

Program. Training should be made available at convenient locations. 

State agencies are not required to conduct this training for sponsors 

operating the Program during unanticipated school closures during the 

period from October through April (or at any time of the year in an area 

with a continuous school calendar).

    (b) Program materials. Each State agency shall develop and make 

available all necessary Program materials in sufficient time to enable 

applicant sponsors to prepare adequately for the Program.

    (c) Food specifications and meal quality standards. With the 

assistance of the Department, each State agency shall develop and make 

available to all sponsors minimum food specifications and model meal 

quality standards which shall become part of all contracts between 

vended sponsors and food service management companies.

    (d) Program monitoring and assistance. The State agency shall 

conduct Program monitoring and provide Program assistance according to 

the following provisions:

    (1) Pre-approval visits. The State agency shall conduct pre-approval 

visits of sponsors and sites, as specified below, to assess the 

applicant sponsor's or site's potential for successful Program 

operations and to verify information provided in the application. The 

State agency shall visit prior to approval:

    (i) All applicant sponsors which did not participate in the program 

in the prior year. However, if a sponsor is a school food authority, has 

been reviewed by the State agency under the National School Lunch 

Program during the preceding 12 months, and had no significant 

deficiencies noted in that review, a pre-approval visit may be conducted 

at the discretion of the State agency. In addition, pre-approval visits 

of sponsors proposing to operate the Program during unanticipated school 

closures during the period from October through April (or at any time of 

the year in an area with a continuous school calendar) may be conducted 

at the discretion of the State agency;

    (ii) All applicant sponsors which, as a result of operational 

problems noted in the prior year, the State agency has determined need a 

pre-approval visit; and

    (iii) All sites which the State agency has determined need a pre-

approval visit.

    (2) Sponsor and site reviews--(i) General. The State agency must 

review sponsors and sites to ensure compliance with Program regulations, 

the Department's non-discrimination regulations (7 CFR part 15) and any 

other applicable instructions issued by the Department. In determining 

which sponsors and sites to review, the State agency must, at a minimum, 

consider



[[Page 133]]



the sponsors' and sites' previous participation in the Program, their 

current and previous Program performance, and the results of previous 

reviews of the sponsor and sites. When the same school food authority 

personnel administer this Program as well as the National School Lunch 

Program (7 CFR part 210), the State agency is not required to conduct a 

review of the Program in the same year in which the National School 

Lunch Program operations have been reviewed and determined to be 

satisfactory. Reviews shall be conducted as follows:

    (ii) Frequency and number of required reviews. State agencies shall:

    (A) Conduct a review of every new sponsor at least once during the 

first year of operation;

    (B) Annually review a number of sponsors whose program 

reimbursements, in the aggregate, accounted for at least one-half of the 

total program meal reimbursements in the State in the prior year;

    (C) Annually review every sponsor which experienced significant 

operational problems in the prior year;

    (D) Review each sponsor at least once every three years; and

    (E) As part of each sponsor review, conduct reviews of at least 10 

percent of each sponsor's sites, or one site, whichever number is 

greater.

    (3) Follow-up reviews. The State agency shall conduct follow-up 

reviews of sponsors and sites as necessary.

    (4) Monitoring system. Each State agency shall develop and implement 

a monitoring system to ensure that sponsors, including site personnel, 

and the sponsor's food service management company, if applicable, 

immediately receive a copy of any review reports which indicate Program 

violations and which could result in a Program disallowance.

    (5) Records. Documentation of Program assistance and the results of 

such assistance shall be maintained on file by the State agency.

    (6) Food service management company facility visits. As a part of 

the review of any vended sponsor which contracts for the preparation of 

meals, the State agency shall inspect the food service management 

company's facilities. Each State agency shall establish an order of 

priority for visiting facilities at which food is prepared for the 

Program. The State agency shall respond promptly to complaints 

concerning facilities. If a food service management company fails to 

correct violations noted by the State agency during a review, the State 

agency shall notify the sponsor and the food service management company 

that reimbursement shall not be paid for meals prepared by the food 

service management company after a date specified in the notification. 

Funds provided for in Sec. 225.5(f) may be used for conducting food 

service management company facility inspections.

    (7) Forms for reviews by sponsors. Each State agency shall develop 

and provide monitor review forms to all approved sponsors. These forms 

shall be completed by sponsor monitors. The monitor review form shall 

include, but not be limited to, the time of the reviewer's arrival and 

departure, the site supervisor's signature, a certification statement to 

be signed by the monitor, the number of meals prepared or delivered, the 

number of meals served to children, the deficiencies noted, the 

corrective actions taken by the sponsor, and the date of such actions.

    (8) Statistical monitoring. State agencies may use statistical 

monitoring procedures in lieu of the site monitoring requirements 

prescribed in paragraph (d)(2) of this section to accomplish the 

monitoring and technical assistance aspects of the Program. State 

agencies which use statistical monitoring procedures may use the 

findings in evaluating claims for reimbursement. Statistical monitoring 

may be used for some or all of a State's sponsors. Use of statistical 

monitoring does not eliminate the requirements for reviewing sponsors as 

specified in paragraph (d)(2) of this section.

    (9) Corrective actions. Corrective actions which the State agency 

may take when Program violations are observed during the conduct of a 

review are discussed in Sec. 225.11. The State agency shall conduct 

follow-up reviews as appropriate when corrective actions are required.

    (e) Other facility inspections and meal quality tests. In addition 

to those inspections required by paragraph (d)(6)



[[Page 134]]



of this section, the State agency may also conduct, or arrange to have 

conducted: inspections of self-preparation and vended sponsors' food 

preparation facilities; inspections of food service sites; and meal 

quality tests. The procedures for carrying out these inspections and 

tests shall be consistent with procedures used by local health 

authorities. For inspections of food service management companies' 

facilities not conducted by State agency personnel, copies of the 

results shall be provided to the State agency. The company and the 

sponsor shall also immediately receive a copy of the results of these 

inspections when corrective action is required. If a food service 

management company fails to correct violations noted by the State agency 

during a review, the State agency shall notify the sponsor and the food 

service management company that reimbursement shall not be paid for 

meals prepared by the food service management company after a date 

specified in the notification. Funds provided for in Sec. 225.5(f) may 

be used for conducting these inspections and tests.

    (f) Financial management. Each State agency shall establish a 

financial management system, in accordance with the Department's Uniform 

Financial Assistance Regulations (7 CFR part 3015) and FNS guidance, to 

identify allowable Program costs and to establish standards for sponsor 

recordkeeping and reporting. The State agency shall provide guidance on 

these financial management standards to each sponsor.

    (g) Nondiscrimination. (1) Each State agency shall comply with all 

requirements of title VI of the Civil Rights Act of 1964, title IX of 

the Education Amendments of 1972, section 504 of the Rehabilitation Act 

of 1973, the Age Discrimination Act of 1975, and the Department's 

regulations concerning nondiscrimination (7 CFR parts 15, 15a and 15b), 

including requirements for racial and ethnic participation data 

collection, public notification of the nondiscrimination policy, and 

reviews to assure compliance with such policy, to the end that no person 

shall, on the grounds of race, color, national origin, sex, age, or 

handicap, be excluded from participation in, be denied the benefits of, 

or be otherwise subjected to discrimination under, the Program.

    (2) Complaints of discrimination filed by applicants or participants 

shall be referred to FNS or the Secretary of Agriculture, Washington, DC 

20250. A State agency which has an established grievance or complaint 

handling procedure may resolve sex and handicap discrimination 

complaints before referring a report to FNS.



[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13468, Apr. 10, 1990; 

64 FR 72485, Dec. 28, 1999; 64 FR 72898, Dec. 29, 1999]