[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: 7CFR240.2]



[Page 279-281]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 240_CASH IN LIEU OF DONATED FOODS--Table of Contents

 

Sec. 240.2  Definitions.



    For the purpose of this part the term:

    Act means the National School Lunch Act, as amended.

    Child Care Food Program means the Program authorized by section 17 

of the Act.

    Commodity school means a school that does not participate in the 

National School Lunch Program under part 210 of this chapter but which 

operates a nonprofit lunch program under agreement with the State 

educational agency or FNSRO and receives donated foods, or donated foods 

and cash or services of a value of up to 5 cents per lunch in lieu of 

donated foods under this part for processing and handling the foods.

    Department means the U.S. Department of Agriculture.

    Distributing agencies means State, Federal or private agencies which 

enter into agreements with the Department for the distribution of 

donated foods to program schools, commodity schools, and nonresidential 

child care institutions.



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    Donated-food processing and handling expenses means any expenses 

incurred by or on behalf of a commodity school for processing or other 

aspects of the preparation, delivery, and storage of donated foods for 

use in its lunch program.

    Donated foods means foods donated, or available for donation, by the 

Department under any of the legislation referred to in part 250 of this 

chapter.

    Fiscal year means the period of 12 months beginning October 1 of any 

calendar year and ending September 30 of the following calendar year.

    FNS means the Food and Nutrition Service of the Department.

    FNSRO means the appropriate Food and Nutrition Service Regional 

Office.

    National School Lunch Program means the Program authorized by 

sections 4 and 11 of the Act.

    Nonprofit means exempt from income tax under section 501(c)(3) of 

the Internal Revenue Code of 1954, as amended; or in the Commonwealth of 

Puerto Rico, certified as nonprofit by its Governor.

    Nonresidential child care institution means any child care center, 

day care home, or sponsoring organization (as those terms are defined in 

part 226 of this chapter) which participates in the Child Care Food 

Program.

    Program school means a school which participates in the National 

School Lunch Program.

    School means (1) an educational unit of high school grade or under 

except for a private school with an average yearly tuition exceeding 

$1,500 per child, operating under public or nonprofit private ownership 

in a single building or complex of buildings. The term ``high school 

grade or under'' includes classes of preprimary grade when they are 

conducted in a school having classes of primary or higher grade, or when 

they are recognized as a part of the educational system in the State, 

regardless of whether such preprimary grade classes are conducted in a 

school having classes of primary or higher grade; (2) with the exception 

of residential summer camps which participate in the Summer Food Service 

Program for Children, Job Corps centers funded by the Department of 

Labor and private foster homes, any public or nonprofit private child 

care institution, or distinct part of such institution, which (i) 

maintains children in residence, (ii) operates principally for the care 

of children, and (iii) if private, is licensed to provide residential 

child care services under the appropriate licensing code by the State or 

a subordinate level of government. The term ``child care institutions'' 

includes, but is not limited to: homes for the mentally retarded, the 

emotionally disturbed, the physically handicapped, and unmarried mothers 

and their infants; group homes; halfway houses; orphanages; temporary 

shelters for abused children and for runaway children; long-term care 

facilities for chronically ill children; and juvenile detention centers; 

and (3) with respect to the Commonwealth of Puerto Rico, nonprofit child 

care centers certified as such by the Governor of Puerto Rico.

    School food authority means the governing body which is responsible 

for the administration of one or more schools and which has the legal 

authority to operate a nonprofit lunch program therein.

    School year means the period of 12 months beginning July 1 of any 

calendar year and ending June 30 of the following calendar year.

    Secretary means the Secretary of Agriculture.

    Service institutions means camps or sponsors (as those terms are 

defined in part 225 of this chapter) which participate in the Summer 

Food Service Program for Children.

    Special needs children means children who are emotionally, mentally 

or physically handicapped.

    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, or the Commonwealth of the 

Northern Mariana Islands.

    State agency means the State educational agency or such other agency 

of the State as has been designated by the Governor or other appropriate 

executive or legislative authority of the State and approved by the 

Department to administer, in the State, the National School Lunch 

Program, the Child Care Food Program, the Summer



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Food Service Program for Children, or nonprofit lunch programs in 

commodity schools.

    State educational agency means, as the State legislature may 

determine, (1) the chief State school officer (such as the State 

Superintendent of Public Instruction, Commissioner of Education, or 

similar officer), or (2) a board of education controlling the State 

Department of Education.

    Summer Food Service Program for Children means the Program 

authorized by section 13 of the Act.

    Tuition means any educational expense required by the school as part 

of the students' educational program; not including transportation fees 

for commuting to and from school, and the cost of room and board. The 

following monies shall not be included when calculating a school's 

average yearly tuition per child:

    (1) Academic scholarship aid from public or private organizations or 

entities given to students, or to schools for students, and (2) state, 

county or local funds provided to schools operating principally for the 

purpose of educating handicapped or other special needs children for 

whose education the State, county or local government is primarily or 

solely responsible. In a school which varies tuition, the average yearly 

tuition shall be calculated by dividing the total tuition receipts for 

the current school year by the total number of students enrolled for 

purposes of determining if the average yearly tuition exceeds $1,500 per 

child.