[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: 7CFR250.40]



[Page 481]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 250_DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS TERRITORIES 

AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION--Table of Contents

 

           Subpart D_Eligible Recipient Agencies and Programs

 

Sec. 250.40  Nonprofit summer camps for children.





    (a) Distribution. (1) The distributing agency shall distribute 

donated food only to those summer camps which have entered into a 

written agreement for participation in the program with the distributing 

agency in accordance with Sec. 250.12(b). Prior to entering into a 

written agreement, the summer camp shall provide verification of its tax 

exempt status under the Internal Revenue Code. In addition to the terms 

and conditions set forth in Sec. 250.12(b), the written agreement 

shall, at a minimum, include:

    (i) The name and location of the summer camp(s);

    (ii) Number of camps or sites;

    (iii) Number of sessions to be offered during camping season;

    (iv) Number of adults and children participating in the activities 

of the summer camp at each session;

    (v) Total number of days meals will be served;

    (vi) Total number of meals to be served daily;

    (vii) Assurance that tax exempt status will be maintained;

    (viii) Indication of whether the summer camp(s) will employ the 

services of a food service management company;

    (ix) Assurance that a brochure or public announcement of open 

admission policy will be provided and that the summer camp agrees to 

maintain racial/ethnic data;

    (x) Assurance that a physical inventory will be conducted and 

reconciled at the end of the camping session; and

    (xi) Assurance that any excess inventory will, at the distributing 

agency's option, be returned to the distributing agency for redonation 

or transferred in accordance with Sec. 250.13(a)(1).

    (2) Distributing agencies shall distribute donated foods only after 

determining that the number of adults participating in camp activities, 

as compared with the number of children 18 years of age and under, is 

not unreasonable in light of the nature of the camp and the 

characteristics of the children in attendance. Persons 19 years of age 

and over, including program directors, counselors and others who engage 

in recreational, educational, and direct administrative functions, are 

to be considered as adults participating in the activities of a summer 

camp. Employees whose presence on camp premises is solely for the 

purpose of performing duties such as cooking, gardening, property 

maintenance or similar support functions are not considered as adults 

participating in summer camp activities. In addition, persons such as 

nurses, therapists, and attendants who perform professional, 

supervisory, or custodial services are not considered as adults 

participating in the activities of a summer camp if they perform 

services essential to the participation of mentally, emotionally, or 

physically handicapped children.

    (3) Distributing agencies shall authorize the transfer or redonation 

of all donated foods remaining in summer camps at the end of the camping 

season in accordance with Sec. 250.13 (a) or (g) respectively.

    (4) Nonprofit summer camps for children may employ food service 

management companies to conduct food service operations in accordance 

with Sec. 250.12(d).

    (b) Quantities and value of donated foods. Distribution of donated 

food to eligible summer camps shall be made on the basis of the average 

number of meals to be served daily to children as evidence by the most 

recent written caseload factor information contained in the agreement.

    (c) Types of donated foods authorized for donation. Nonprofit summer 

camps for children are eligible to receive donated foods under section 

416, section 32, section 709 and section 4(a).



[53 FR 20426, June 3, 1988, as amended at 62 FR 53729, Oct. 16, 1997]



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