[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR220.3]

[Page 87-88]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 220_SCHOOL BREAKFAST PROGRAM--Table of Contents
 
Sec.  220.3  Administration.

    (a) Within the Department, FNS shall act on behalf of the Department 
in the administration of the Program covered by this part. Within FNS, 
CND shall be responsible for administration of the Program.
    (b) Within the States, responsibility for the administration of the 
Program in schools as defined in Sec.  220.2(u)(1), (u)(2) and (u)(4) 
shall be in the State educational agency, except that FNSRO shall 
administer the Program with respect to nonprofit private schools as 
defined in Sec.  220.2(u)(1) of any State wherein the State educational 
agency is not permitted by law to disburse Federal funds paid to it 
under the Program; Provided, however, That FNSRO shall also administer 
the Program in all other nonprofit private schools which have been under 
continuous FNS administration since October 1, 1980, unless the 
administration of such private schools is assumed by a State agency.
    (c) Within the States, responsibility for the administration of the 
Program in schools as defined in Sec.  220.2(u)(3) shall be in the State 
educational agency, or if the State educational agency cannot administer 
the Program in such schools, 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 the 
Program in such schools: Provided, however, That FNSRO shall administer 
the Program in such schools if the State agency is not permitted by law 
to disburse Federal funds paid to it

[[Page 88]]

under the Program to such schools; and Provided, further, That FNSRO 
shall also administer the Program in all other such schools which have 
been under continuous FNS administration since October 1, 1980, unless 
the administration of such schools is assumed by a State agency.
    (d) References in this part to ``FNSRO where applicable'' are to 
FNSRO as the agency administering the Program.
    (e) Each State agency desiring to take part in any of the programs 
shall enter into a written agreement with the Department for the 
administration of the Program in the State in accordance with the 
provisions of this part, 7 CFR parts 235, 245, 15, 15a, 15b and, as 
applicable, 7 CFR part 3015, 7 CFR part 3016 and 7 CFR part 3019, and 
with FNS Instructions. Such agreement shall cover the operation of the 
Program during the period specified therein and may be extended at the 
option of the Department.

(Sec. 804, 816 and 817, Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 1753, 
1756, 1759, 1771 and 1785); 44 U.S.C. 3506)

[Amdt. 25, 41 FR 34759, Aug. 17, 1976, as amended at 47 FR 745, Jan. 7, 
1982; Amdt. 42, 47 FR 14133, Apr. 2, 1982; Amdt. 56, 54 FR 2990, Jan. 
23, 1989; 71 FR 39517, July 13, 2006]