[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: 7CFR250.49]



[Page 492-493]

 

                          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. 250.49  Nonresidential child and adult care institutions.



    (a) Distribution. The distributing agency shall distribute donated 

foods only to those nonresidential child care institutions whose 

eligibility for participation in Child Care Food Program has been 

confirmed in writing by the State agency of FNSRO administering



[[Page 493]]



the program, where applicable. Lists of participating nonresidential 

child care institutions which have been prepared by the administering 

State agency or FNSRO may serve as written confirmation of eligibility. 

Nonresidential child care institutions may employ food service 

management companies to conduct food service operations in accordance 

with Sec. 250.12(d) and part 226 of this chapter.

    (b) Quantities and value of donated foods--(1) Quantities. 

Distribution of donated food to a State for nonresidential child and 

adult care institutions shall be calculated by multiplying the number of 

lunches and suppers served in the preceding school year which meet the 

meal-pattern requirements (reimbursable) prescribed in the regulations 

for the Child and Adult Care Food Program under part 226 of this chapter 

by the national average value of donated food as described in paragraph 

(b)(2) of this section. The number of lunches and suppers served shall 

be derived from the monthly claims submitted by participating 

institutions as required by Child and Adult Care Food Program 

regulations at Sec. 226.11(b) of this chapter. After the end of the 

school year, FNS shall reconcile the number of reimbursable meals served 

in each State with the number served in the preceding school year and, 

based on such reconciliation, shall increase or reduce subsequent 

commodity assistance provided to each State. As early as practicable 

each year, but not later than September 1, the estimated number of 

lunches and suppers served in the preceding school year and requests for 

adjustments shall be provided by the administering State agency or the 

FNSRO to the distributing agency. At the discretion of FNS, current year 

adjustments may be made for significant variations in the number of 

meals served. Such current year adjustments will not be routine and will 

only be made for unusual problems encountered in a State, such as a 

disaster that necessitates institutional closures for a prolonged period 

of time.

    (2) Value. For each school year, the national average value of 

donated foods to be made available to States for distribution to 

nonresidential child care institutions, or cash payments in lieu 

thereof, shall not be less than 11 cents for each lunch and supper and 

shall be adjusted on July 1, 1982, and on each July 1 thereafter, to 

reflect changes in the Price Index for food used in schools and 

institutions as prescribed by section 6(e) of the National School Lunch 

Act, as amended. These adjustments shall be computed to the nearest one-

fourth cent and shall be made effective at the beginning of each school 

year.

    (c) Cash in lieu of donated foods. In accordance with part 240 of 

this chapter, State agencies may elect to receive cash payments in lieu 

of donated foods for use by institutions which participate in the Child 

Care Food Program under part 226 of this chapter.

    (d) Types of donated foods authorized for donations. Nonresidential 

child care institutions which participate in the Child Care Food Program 

under part 226 of this chapter are eligible to receive donated foods 

under section 416, section 32, section 709, section 6 and section 14.



[53 FR 20426, June 3, 1988, as amended at 58 FR 39123, July 22, 1993; 62 

FR 53729, Oct. 16, 1997]