[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: 7CFR225.8]



[Page 134-135]

 

                          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. 225.8  Records and reports.



    (a) Each State agency shall maintain complete and accurate current 

accounting records of its Program operations which will adequately 

identify funds authorizations, obligations, unobligated balances, 

assets, liabilities, income, claims against sponsors and efforts to 

recover overpayments, and expenditures for administrative and operating 

costs. These records shall be retained for a period of three years after 

the date of the submission of the final Program Operations and Financial 

Status Report (SF-269), except that, if audit findings have not been 

resolved, the affected records shall be retained beyond the three year 

period until such time as any issues raised by the audit findings have 

been resolved. The State agency shall also retain a complete record of 

each review or appeal conducted, as required under Sec. 225.13, for a 

period of three years following the date of the final determination on 

the review or appeal. Records may be kept in their original form or on 

microfilm.

    (b) Each State agency shall submit to FNS a final report on the 

Summer Food Service Program Operations (FNS-418) for each month no more 

than 90 days following the last day of the month covered by the report. 

States shall not receive Program funds for any month for which the final 

report is not postmarked and/or submitted within this time limit unless 

FNS grants an exception. Upward adjustments to a State's report shall 

not be made after 90 days from the month covered by the report unless 

authorized by FNS. Downward adjustments shall always be made without FNS 

authorization, regardless of when it is determined that



[[Page 135]]



such adjustments need to be made. Adjustments to a State's report shall 

be reported to FNS in accordance with procedures established by FNS. 

Each State agency shall also submit to FNS a quarterly Financial Status 

Report (SF-269) on the use of Program funds. Such reports shall be 

submitted no later than 30 days after the end of each fiscal year 

quarter. Obligations shall be reported only for the fiscal year in which 

they occur. Action may be taken against the State agency, in accordance 

with Sec. 225.5(a)(1), for failure to submit accurate and timely 

reports.

    (c) The State agency must submit to FNS a final Financial Status 

Report no later than 120 days after the end of the fiscal year, on a 

form (SF-269) provided by FNS. Any requested increase in reimbursement 

levels for a fiscal year resulting from corrective action taken after 

submission of the final Program Operations and Financial Status Reports 

shall be submitted to FNS for approval. The request shall be accompanied 

by a written explanation of the basis for the adjustment and the actions 

taken to minimize the need for such adjustments in the future. If FNS 

approves such an increase, it will make payment, subject to availability 

of funds. Any reduction in reimbursement for that fiscal year resulting 

from corrective action taken after submission of the final fiscal year 

Program Operations and Financial Status Reports shall be handled in 

accordance with the provisions of Sec. 225.12(d), except that amounts 

recovered may not be used to make Program payments.

    (d)(1) By May 1 of each year, State agencies must submit to the 

appropriate FNSRO a list of potential private nonprofit organization 

sponsors. The list must include the following information for each 

applicant sponsor:

    (i) Name and address;

    (ii) Geographical area(s) proposed to be served;

    (iii) Proposed number of sites; and

    (iv) Any available details of each proposed site including address, 

dates of operation, and estimated daily attendance.

    (2) State agencies must also notify the appropriate FNSRO within 5 

working days after they approve each private nonprofit organization to 

participate as a SFSP sponsor. When State agencies notify the FNSRO of 

sponsor approval, they must provide the following information:

    (i) Any changes to site locations, dates of operation, and estimated 

daily attendance that was previously provided;

    (ii) The hours and type(s) of approved meal service at each site;

    (iii) The type of site approval--open, restricted open, closed 

enrolled, or camp; and

    (iv) Any other important details about each site that would help the 

FNSRO plan reviews, including whether the site is rural or urban, or 

vended or self-preparation.



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

64 FR 72485, Dec. 28, 1999; 65 FR 82251, Dec. 28, 2000]