[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: 7CFR226.2]



[Page 160-168]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 226_CHILD AND ADULT CARE FOOD PROGRAM--Table of Contents

 

                            Subpart A_General

 

Sec. 226.2  Definitions.



    Act means the National School Lunch Act, as amended.

    Administrative costs means costs incurred by an institution related 

to planning, organizing, and managing a food service under the Program, 

and allowed by the State agency financial management instruction. These 

administrative costs may include administrative expenses associated with 

outreach and recruitment of unlicensed family or group day care homes 

and the allowable licensing-related expenses of such homes.

    Administrative review means the fair hearing provided upon request 

to:

    (a) An institution that has been given notice by the State agency of 

any action or proposed action that will affect their participation or 

reimbursement under the Program, in accordance with Sec. 226.6(k);

    (b) A principal or individual responsible for an institution's 

serious deficiency after the responsible principal or responsible 

individual has been given a notice of intent to disqualify them from the 

Program; and

    (c) A day care home that has been given a notice of proposed 

termination for cause.

    Administrative review official means the independent and impartial 

official who conducts the administrative review held in accordance with 

Sec. 226.6(k).

    Adult means, for the purposes of the collection of social security 

numbers as a condition of eligibility for free or reduced-price meals, 

any individual 21 years of age or older.

    Adult day care center means any public or private nonprofit 

organization or any for-profit center (as defined in this section) which 

(a) is licensed or approved by Federal, State or local authorities to 

provide nonresidential adult day care services to functionally impaired 

adults (as defined in this section) or persons 60 years of age or older 

in a group setting outside their homes or a group living arrangement on 

a less than 24-hour basis and (b) provides for such care and services 

directly or under arrangements made by the agency or organization 

whereby the agency or organization maintains professional management 

responsibility for all such services. Such centers shall provide a 

structured, comprehensive program that provides a variety of health, 

social and related support services to enrolled adult participants 

through an individual plan of care.

    Adult day care facility means a licensed or approved adult day care 

center under the auspices of a sponsoring organization.

    Adult participant means a person enrolled in an adult day care 

center who is functionally impaired (as defined in this section) or 60 

years of age or older.

    Advanced payments means financial assistance made available to an 

institution for its Program costs prior to the month in which such costs 

will be incurred.

    Block claim means a claim for reimbursement submitted by a facility 

on which the number of meals claimed for one or more meal type 

(breakfast, lunch, snack, or supper) is identical for 15 consecutive 

days within a claiming period.

    CACFP child care standards means the Child and Adult Care Food 

Program child care standards developed by the Department for alternate 

approval of child care centers, outside-school-hours care centers, and 

day care homes by



[[Page 161]]



the State agency under the provisions of Sec. 226.6(d)(2) and (3).

    Center means a child care center, an adult day care center, or an 

outside-school-hours care center.

    Child care center means any public or private nonprofit institution 

or facility (except day care homes), or any for-profit center, as 

defined in this section, that is licensed or approved to provide 

nonresidential child care services to enrolled children, primarily of 

preschool age, including but not limited to day care centers, settlement 

houses, neighborhood centers, Head Start centers and organizations 

providing day care services for children with disabilities. Child care 

centers may participate in the Program as independent centers or under 

the auspices of a sponsoring organization.

    Child care facility means a licensed or approved child care center, 

day care home, or outside-school-hours care center under the auspices of 

a sponsoring organization.

    Children means (a) persons 12 years of age and under, (b) children 

of migrant workers 15 years of age and under, and (c) persons with 

mental or physical handicaps, as defined by the State, enrolled in an 

institution or a child care facility serving a majority of persons 18 

years of age and under.

    Claiming percentage means the ratio of the number of enrolled 

participants in an institution in each reimbursement category (free, 

reduced-price or paid) to the total of enrolled participants in the 

institution.

    Current income means income received during the month prior to 

application for free or reduced-price meals. If such income does not 

accurately reflect the household's annual income, income shall be based 

on the projected annual household income. If the prior year's income 

provides an accurate reflection of the household's current annual 

income, the prior year may be used as a base for the projected annual 

income.

    Day care home means an organized nonresidential child care program 

for children enrolled in a private home, licensed or approved as a 

family or group day care home and under the auspices of a sponsoring 

organization.

    Days means calendar days unless otherwise specified.

    Department means the U.S. Department of Agriculture.

    Disclosure means individual children's program eligibility 

information obtained through the free and reduced price meal eligibility 

process that is revealed or used for a purpose other than for the 

purpose for which the information was obtained. The term refers to 

access, release, or transfer of personal data about children by means of 

print, tape, microfilm, microfiche, electronic communication or any 

other means.

    Disqualified means the status of an institution, a responsible 

principal or responsible individual, or a day care home that is 

ineligible for participation.

    Documentation means:

    (a) The completion of the following information on a free and 

reduced-price application:

    (1) Names of all household members;

    (2) Income received by each household member, identified by source 

of income (such as earnings, wages, welfare, pensions, support payments, 

unemployment compensation, social security and other cash income);

    (3) The signature of an adult household member; and

    (4) The social security number of the adult household member who 

signs the application, or an indication that he/she does not possess a 

social security number; or

    (b) For a child who is a member of a food stamp or FDPIR household 

or who is a TANF recipient, ``documentation'' means the completion of 

only the following information on a free and reduced price application:

    (1) The name(s) and appropriate food stamp, FDPIR or TANF case 

number(s) for the child(ren); and

    (2) The signature of an adult member of the household; or

    (c) For a child in a tier II day care home who is a member of a 

household participating in a Federally or State supported child care or 

other benefit program with an income eligibility limit that does not 

exceed the eligibility standard for free or reduced price meals:



[[Page 162]]



    (1) The name(s), appropriate case number(s) (if the program utilizes 

case numbers), and name(s) of the qualifying program(s) for the 

child(ren), and the signature of an adult member of the household; or

    (2) If the sponsoring organization or day care home possesses it, 

official evidence of the household's participation in a qualifying 

program (submission of a free and reduced price application by the 

household is not required in this case); or

    (d) For an adult participant who is a member of a food stamp or 

FDPIR household or is an SSI or Medicaid participant, as defined in this 

section, ``documentation'' means the completion of only the following 

information on a free and reduced price application:

    (1) The name(s) and appropriate food stamp or FDPIR case number(s) 

for the participant(s) or the adult participant's SSI or Medicaid 

identification number, as defined in this section; and

    (2) The signature of an adult member of the household; or

    (e) For a child who is a Head Start participant, the Head Start 

statement of income eligibility issued upon initial enrollment in the 

Head Start Program or, if such statement is unavailable, other 

documentation from Head Start officials that the child's family meets 

the Head Start Program's low-income criteria.

    Emergency shelter means a public or private nonprofit organization 

whose primary purpose is to provide temporary shelter and food services 

to homeless families with children.

    Enrolled child means a child whose parent or guardian has submitted 

to an institution a signed document which indicates that the child is 

enrolled for child care. In addition, for the purposes of calculations 

made by sponsoring organizations of family day care homes in accordance 

with Sec. Sec. 226.13(d)(3)(ii) and 226.13(d)(3)(iii), ``enrolled 

child'' (or ``child in attendance'') means a child whose parent or 

guardian has submitted a signed document which indicates that the child 

is enrolled for child care; who is present in the day care home for the 

purpose of child care; and who has eaten at least one meal during the 

claiming period.

    Enrolled participant means an ``Enrolled child'' (as defined in this 

section) or ``Adult participant'' (as defined in this section).

    Expansion payments means financial assistance made available to a 

sponsoring organization for its administrative expenses associated with 

expanding a food service program to day care homes located in low-income 

or rural areas. These expansion payments may include administrative 

expenses associated with outreach and recruitment of unlicensed family 

or group day care homes and the allowable licensing-related expenses of 

such homes.

    Facility means a sponsored center or a family day care home.

    Family means, in the case of children, a group of related or 

nonrelated individuals, who are not residents of an institution or 

boarding house, but who are living as one economic unit or, in the case 

of adult participants, the adult participant, and if residing with the 

adult participant, the spouse and dependent(s) of the adult participant.

    FDPIR household means any individual or group of individuals which 

is currently certified to receive assistance as a household under the 

Food Distribution Program on Indian Reservations.

    Fiscal Year means a period of 12 calendar months beginning October 1 

of any year and ending with September 30 of the following year.

    FNS means the Food and Nutrition Service of the Department.

    FNSRO means the appropriate Regional Office of the Food and 

Nutrition Service.

    Food service equipment assistance means Federal financial assistance 

formerly made available to State agencies to assist institutions in the 

purchase or rental of equipment to enable institutions to establish, 

maintain or expand food service under the Program.

    Food service management company means an organization other than a 

public or private nonprofit school, with which an institution may 

contract for preparing and, unless otherwise provided for, delivering 

meals, with or without milk for use in the Program.

    Food Stamp household means any individual or group of individuals 

which is



[[Page 163]]



currently certified to receive assistance as a household under the Food 

Stamp Program.

    For-profit center means a Child care center, Outside-school-hours 

care center, or Adult day care center providing nonresidential care to 

adults or children that does not qualify for tax-exempt status under the 

Internal Revenue Code of 1986. For-profit centers serving adults must 

meet the criteria described in paragraph (a) of this definition; for-

profit centers serving children must meet the criteria described in 

paragraphs (b)(1) or (b)(2) of this definition.

    (a) A for-profit center serving adults must meet the definition of 

Adult day care center as defined in this section and, during the 

calendar month preceding initial application or reapplication, the 

center receives compensation from amounts granted to the States under 

title XIX or title XX and twenty-five percent of the adults enrolled in 

care are beneficiaries of title XIX, title XX, or a combination of 

titles XIX and XX of the Social Security Act.

    (b) A for-profit center serving children must meet the definition of 

Child care center or Outside-school-hours care center as defined in this 

section and one of the following conditions during the calendar month 

preceding initial application or reapplication:

    (1) Twenty-five percent of the children in care (enrolled or 

licensed capacity, whichever is less) are eligible for free or reduced-

price meals; or

    (2) Twenty-five percent of the children in care (enrolled or 

licensed capacity, whichever is less) receive benefits from title XX of 

the Social Security Act and the center receives compensation from 

amounts granted to the States under title XX.

    Free meal means a meal served under the Program to a participant 

from a family which meets the income standards for free school meals; or 

to a child who is automatically eligible for free meals by virtue of 

food stamp, FDPIR, or TANF recipiency; or to a child who is a Head Start 

participant; or to an adult participant who is automatically eligible 

for free meals by virtue of food stamp or FDPIR recipiency or is a SSI 

or Medicaid participant. Regardless of whether the participant qualified 

for free meals by virtue of meeting one of the criteria of this 

definition, neither the participant nor any member of their family shall 

be required to pay or to work in the food service program in order to 

receive a free meal.

    Functionally impaired adult means chronically impaired disabled 

persons 18 years of age or older, including victims of Alzheimer's 

disease and related disorders with neurological and organic brain 

dysfunction, who are physically or mentally impaired to the extent that 

their capacity for independence and their ability to carry out 

activities of daily living is markedly limited. Activities of daily 

living include, but are not limited to, adaptive activities such as 

cleaning, shopping, cooking, taking public transportation, maintaining a 

residence, caring appropriately for one's grooming or hygiene, using 

telephones and directories, or using a post office. Marked limitations 

refer to the severity of impairment, and not the number of limited 

activities, and occur when the degree of limitation is such as to 

seriously interfere with the ability to function independently.

    Group living arrangement means residential communities which may or 

may not be subsidized by federal, State or local funds but which are 

private residences housing an individual or a group of individuals who 

are primarily responsible for their own care and who maintain a presence 

in the community but who may receive on-site monitoring.

    Head Start participant means a child currently receiving assistance 

under a Federally-funded Head Start Program who is categorically 

eligible for free meals in the CACFP by virtue of meeting Head Start's 

low-income criteria.

    Household means ``family'', as defined in Sec. 226.2 (``Family'').

    Household contact means a contact made by a sponsoring organization 

or a State agency to an adult member of a household with a child in a 

family day care home or a child care center in order to verify the 

attendance and enrollment of the child and the specific meal service(s) 

which the child routinely receives while in care.

    Income standards means the family-size and income standards 

prescribed



[[Page 164]]



annually by the Secretary for determining eligibility for free and 

reduced-price meals under the National School Lunch Program and the 

School Breakfast Program.

    Income to the program means any funds used in an institution's food 

service program, including, but not limited to all monies, other than 

Program payments, received from other Federal, State, intermediate, or 

local government sources; participant's payments for meals and food 

service fees; income from any food sales to adults; and other income, 

including cash donations or grants from organizations or individuals.

    Independent center means a child care center, outside-school-hours 

care center or adult day care center which enters into an agreement with 

the State agency to assume final administrative and financial 

responsibility for Program operations.

    Infant cereal means any iron-fortified dry cereal specially 

formulated for and generally recognized as cereal for infants that is 

routinely mixed with breast milk or iron-fortified infant formula prior 

to consumption.

    Infant formula means any iron-fortified formula intended for dietary 

use solely as a food for normal, healthy infants; excluding those 

formulas specifically formulated for infants with inborn errors of 

metabolism or digestive or absorptive problems. Infant formula, as 

served, must be in liquid state at recommended dilution.

    Institution means a sponsoring organization, child care center, 

outside-school-hours care center, emergency shelter or adult day care 

center which enters into an agreement with the State agency to assume 

final administrative and financial responsibility for Program 

operations.

    Internal controls means the policies, procedures, and organizational 

structure of an institution designed to reasonably assure that:

    (a) The Program achieves its intended result;

    (b) Program resources are used in a manner that protects against 

fraud, abuse, and mismanagement and in accordance with law, regulations, 

and guidance; and

    (c) Timely and reliable Program information is obtained, maintained, 

reported, and used for decision-making.

    Key Element Reporting System (KERS) means a comprehensive national 

system for reporting critical key element performance data on the 

operation of the program in institutions.

    Low-income area means a geographical area in which at least 50 

percent of the children are eligible for free or reduced price school 

meals under the National School Lunch Program and the School Breakfast 

Program, as determined in accordance with paragraphs (b) and (c), 

definition of tier I day care home.

    Meals means food which is served to enrolled participants at an 

institution, child care facility or adult day care facility and which 

meets the nutritional requirements set forth in this part.

    Medicaid means Title XIX of the Social Security Act.

    Medicaid participant means an adult participant who receives 

assistance under title XIX of the Social Security Act, the Grant to 

States for Medical Assistance Programs--Medicaid.

    Milk means pasteurized fluid types of unflavored or flavored whole 

milk, lowfat milk, skim milk, or cultured buttermilk which meet State 

and local standards for such milk, except that, in the meal pattern for 

infants (0 to 1 year of age), milk means breast milk or iron-fortified 

infant formula. In Alaska, Hawaii, American Samoa, Guam, Puerto Rico, 

the Trust Territory of the Pacific Islands, the Northern Mariana 

Islands, and the Virgin Islands if a sufficient supply of such types of 

fluid milk cannot be obtained, ``milk'' shall include reconstituted or 

recombined milk. All milk should contain vitamins A and D at levels 

specified by the Food and Drug Administration and be consistent with 

State and local standards for such milk.

    National disqualified list means the list, maintained by the 

Department, of institutions, responsible principals and responsible 

individuals, and day care homes disqualified from participation in the 

Program.

    New institution means an institution applying to participate in the 

Program



[[Page 165]]



for the first time, or an institution applying to participate in the 

Program after a lapse in participation.

    Nonpricing program means an institution in which there is no 

separate identifiable charge made for meals served to participants.

    Nonprofit food service means all food service operations conducted 

by the institution principally for the benefit of enrolled participants, 

from which all of the Program reimbursement funds are used solely for 

the operations or improvement of such food service.

    Nonresidential means that the same participants are not maintained 

in care for more than 24 hours on a regular basis.

    Notice means a letter sent by certified mail, return receipt (or the 

equivalent private delivery service), by facsimile, or by email, that 

describes an action proposed or taken by a State agency or FNS with 

regard to an institution's Program reimbursement or participation. 

Notice also means a letter sent by certified mail, return receipt (or 

the equivalent private delivery service), by facsimile, or by email, 

that describes an action proposed or taken by a sponsoring organization 

with regard to a day care home's participation. The notice must specify 

the action being proposed or taken and the basis for the action, and is 

considered to be received by the institution or day care home when it is 

delivered, sent by facsimile, or sent by email. If the notice is 

undeliverable, it is considered to be received by the institution, 

responsible principal or responsible individual, or day care home five 

days after being sent to the addressee's last known mailing address, 

facsimile number, or email address.

    OIG means the Office of the Inspector General of the Department.

    Operating costs means expenses incurred by an institution in serving 

meals to participants under the Program, and allowed by the State agency 

financial management instruction.

    Outside-school-hours care center means a public or private nonprofit 

institution or facility (except day care homes), or a For-profit center 

as defined in this section, that is licensed or approved to provide 

organized nonresidential child care services to children during hours 

outside of school. Outside-school-hours care centers may participate in 

the Program as independent centers or under the auspices of a sponsoring 

organization.

    Participants means ``Children'' or ``Adult participants'' as defined 

in this section.

    Personal property means property of any kind except real property. 

It may be tangible--having physical existence--or intangible--having no 

physical existence such as patents, inventions, and copyrights.

    Pricing program means an institution in which a separate 

identifiable charge is made for meals served to participants.

    Principal means any individual who holds a management position 

within, or is an officer of, an institution or a sponsored center, 

including all members of the institution's board of directors or the 

sponsored center's board of directors.

    Program means the Child and Adult Care Food Program authorized by 

section 17 of the National School Lunch Act, as amended.

    Program payments means financial assistance in the form of start-up 

payments, expansion payments, advance payments, or reimbursement paid or 

payable to institutions for operating costs and administrative costs.

    Reduced-price meal means a meal served under the Program to a 

participant from a family which meets the income standards for reduced-

price school meals. Any separate charge imposed shall be less than the 

full price of the meal, but in no case more than 40 cents for a lunch or 

supper, 30 cents for a breakfast, and 15 cents for a supplement, and for 

which neither the participant nor any member of his family is required 

to work in the food service program.

    Reimbursement means Federal financial assistance paid or payable to 

institutions for Program costs within the rates assigned by the State 

agency.

    Renewing institution means an institution that is participating in 

the Program at the time it submits a renewal application.

    Responsible principal or responsible individual means:



[[Page 166]]



    (a) A principal, whether compensated or uncompensated, who the State 

agency or FNS determines to be responsible for an institution's serious 

deficiency;

    (b) Any other individual employed by, or under contract with, an 

institution or sponsored center, who the State agency or FNS determines 

to be responsible for an institution's serious deficiency; or

    (c) An uncompensated individual who the State agency or FNS 

determines to be responsible for an institution's serious deficiency.

    Rural area means any geographical area in a county which is not a 

part of a Metropolitan Statistical Area or any ``pocket'' within a 

Metropolitan Statistical Area which, at the option of the State agency 

and with FNSRO concurrence, is determined to be geographically isolated 

from urban areas.

    SSI participant means an adult participant who receives assistance 

under title XVI of the Social Security Act, the Supplemental Security 

Income (SSI) for the Aged, Blind and Disabled Program.

    School year means a period of 12 calendar months beginning July 1 of 

any year and ending June 30 of the following year.

    Seriously deficient means the status of an institution or a day care 

home that has been determined to be non-compliant in one or more aspects 

of its operation of the Program.

    Sponsoring organization means a public or nonprofit private 

organization which is entirely responsible for the administration of the 

food program in: (a) One or more day care homes; (b) a child care 

center, outside-school-hours care centers, or adult day care center 

which is a legally distinct entity from the sponsoring organization; (c) 

two or more child care centers, outside-school-hours care centers, or 

adult day care centers; or (d) any combination of child care centers, 

adult day care centers, day care homes, and outside-school-hours care 

centers. The term ``sponsoring organization'' also includes a For-profit 

center, as defined in this section, that is entirely responsible for 

administration of the Program in any combination of two or more child 

care centers, at-risk afterschool care centers, adult day care centers, 

or outside-school-hours care centers, provided that the centers are part 

of the same legal entity as the sponsoring organization.

    Start-up payments means financial assistance made available to a 

sponsoring organization for its administrative expenses associated with 

developing or expanding a food service program in day care homes and 

initiating successful Program operations. These start-up payments may 

include administrative expenses associated with outreach and recruitment 

of unlicensed family or group day care homes and the allowable 

licensing-related expenses of such homes.

    State means any of the 50 States, the District of Columbia, the 

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 

the Trust Territory of the Pacific Islands, and the Northern Mariana 

Islands.

    State agency means the State educational agency or any other State 

agency that has been designated by the Governor or other appropriate 

executive, or by the legislative authority of the State, and has been 

approved by the Department to administer the Program within the State or 

in States in which FNS administers the Program, FNSRO. This also may 

include a State agency other than the existing CACFP State Agency, when 

such agency is designated by the Governor of the State to administer 

only the adult day care component of the CACFP.

    State agency list means an actual paper or electronic list, or the 

retrievable paper records, maintained by the State agency, that includes 

a synopsis of information concerning seriously deficient institutions 

and providers terminated for cause in that State. The list must be made 

available to FNS upon request, and must include the following 

information:

    (a) Institutions determined to be seriously deficient by the State 

agency, including the names and mailing addresses of the institutions, 

the basis for each serious deficiency determination, and the status of 

the institutions as they move through the possible subsequent stages of 

corrective action, proposed termination, suspension, agreement 

termination, and/or disqualification, as applicable;



[[Page 167]]



    (b) Responsible principals and responsible individuals who have been 

disqualified from participation by the State agency, including their 

names, mailing addresses, and dates of birth; and

    (c) Day care home providers whose agreements have been terminated 

for cause by a sponsoring organization in the State, including their 

names, mailing addresses, and dates of birth.

    State Children's Health Insurance Program (SCHIP) means the State 

medical assistance program under title XXI of the Social Security Act ( 

42 U.S.C. 1397aa et seq.).

    Suspended means the status of an institution or day care home that 

is temporarily ineligible for participation (including Program 

payments).

    Suspension review means the review provided, upon the institution's 

request, to an institution that has been given a notice of intent to 

suspend participation (including Program payments), based on a 

determination that the institution has knowingly submitted a false or 

fraudulent claim.

    Suspension review official means the independent and impartial 

official who conducts the suspension review.

    Termination for cause means the termination of a day care home's 

Program agreement by the sponsoring organization due to the day care 

home's violation of the agreement.

    TANF recipient means an individual or household receiving assistance 

(as defined in 45 CFR 260.31) under a State-administered Temporary 

Assistance to Needy Families program.

    Termination for convenience means termination of a day care home's 

Program agreement by either the sponsoring organization or the day care 

home, due to considerations unrelated to either party's performance of 

Program responsibilities under the agreement.

    Tier I day care home means (a) a day care home that is operated by a 

provider whose household meets the income standards for free or reduced-

price meals, as determined by the sponsoring organization based on a 

completed free and reduced price application, and whose income is 

verified by the sponsoring organization of the home in accordance with 

Sec. 226.23(h)(6);

    (b) A day care home that is located in an area served by a school 

enrolling elementary students in which at least 50 percent of the total 

number of children enrolled are certified eligible to receive free or 

reduced price meals; or

    (c) A day care home that is located in a geographic area, as defined 

by FNS based on census data, in which at least 50 percent of the 

children residing in the area are members of households which meet the 

income standards for free or reduced price meals.

    Tier II day care home means a day care home that does not meet the 

criteria for a Tier I day care home.

    Title XVI means Title XVI of the Social Security Act which 

authorizes the Supplemental Security Income for the Aged, Blind, and 

Disabled Program--SSI.

    Title XIX means Title XIX of the Social Security Act which 

authorizes the Grants to States for Medical Assistance Programs--

Medicaid.

    Title XX means Title XX of the Social Security Act.

    Unannounced review means an on-site review for which no prior 

notification is given to the facility or institution.

    Uniform Federal Assistance Regulations means the Department's 

regulations, 7 CFR part 3015, establishing Department-wide policies and 

standards for administration of grants and cooperative agreements.

    Verification means a review of the information reported by 

institutions to the State agency regarding the eligibility of 

participants for free or reduced-price meals, and, in addition, for a 

pricing program, confirmation of eligibility for free or reduced-price 

benefits under the program. Verification for a pricing program shall 

include confirmation of income eligibility and, at State discretion, any 

other information required on the application which is defined as 

documentation in Sec. 226.2. Such verification may be accomplished by 

examining information (e.g., wage stubs, etc.) provided by the household 

or other sources of information as specified in Sec. 226.23(h)(2)(iv). 

However, if a food stamp, FDPIR or TANF case number is provided for a 

child, verification for such child shall include only confirmation that 

the child is included in a currently certified food stamp or



[[Page 168]]



FDPIR household or is a TANF recipient. If a Head Start statement of 

income eligibility is provided for a child, verification for such child 

shall include only confirmation that the child is a Head Start 

participant. For an adult participant, if a food stamp or FDPIR case 

number or SSI or Medicaid assistance identification number is provided, 

verification for such participant shall include only confirmation that 

the participant is included in a currently certified food stamp or FDPIR 

household or is a current SSI or Medicaid participant.

    Yogurt means commercially coagulated milk products obtained by the 

fermentation of specific bacteria, that meet milk fat or milk solid 

requirements to which flavoring foods or ingredients may be added. These 

products are covered by the Food and Drug Administration's Standard of 

Identity for yogurt, lowfat yogurt, and nonfat yogurt, (21 CFR 131.200), 

(21 CFR 131.203), (21 CFR 131.206), respectively.



[47 FR 36527, Aug. 20, 1982; 47 FR 46072, Oct. 15, 1982, as amended at 

48 FR 21529, May 13, 1983; 48 FR 41142, Sept. 14, 1983; 50 FR 19310, May 

8, 1985; 51 FR 31316, Sept. 3, 1986; 52 FR 36906, Oct. 2, 1987; 53 FR 

52587, Dec. 28, 1988; 54 FR 27153, June 28, 1989; Amdt. 22, 55 FR 1377, 

Jan. 14, 1990; 61 FR 25554, May 22, 1996; 62 FR 901, Jan. 7, 1997; 62 FR 

23617, May 1, 1997; 63 FR 9104, Feb. 24, 1998; 63 FR 9727, Feb. 26, 

1998; 64 FR 61775, Nov. 15, 1999; 66 FR 2203, Jan. 11, 2001; 67 FR 

43476, June 27, 2002; 69 FR 53535, Sept. 1, 2004; 70 FR 43261, July 27, 

2005]