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Subtitle B-Regulations of the
Department of Agriculture

(Continued)

CHAPTER 1-FOOD AND NUTRITION SERVICE,

DEPARTMENT OF AGRICULTURE

NOTE: The Title of Chapter II was changed as set forth above at 34 F.R. 15414, Oct. 3 1969. For individual documentation of the nomenclature changes in this chapter, see the "List of Sections Affected."

SUBCHAPTER A-SCHOOL LUNCH PROGRAM Part 210

National school lunch program. 215 Special milk program for children. 220 School breakfast and nonfood assistance programs and State administrativ

expenses. 225 Special food service program for children.

SUBCHAPTER B

COMMODIT

GENERAL REGULATIONS AND POLICIES

DISTRIBUTION

250

Donation of food commodities for use in United States for school lunc

programs, training students in home economics, summer camps for chi

dren, and relief purposes, and in State correctional institutions for minor Financial assistance for distribution of federally donated commodities.

251

SUBCHAPTER A-SCHOOL LUNCH PROGRAM

PART 210—NATIONAL SCHOOL

LUNCH PROGRAM Şec. 210.1 General purpose and scope. 210.2 Definitions. 2103 Administration. 210.4 Apportionment of funds to States. 210.5 Payment to States. 210.6

Matching of funds. 210.7 Use of funds. 210.8 Requirements for participation. 210.9 Requirements for lunches. 210.10' Reimbursement payments. 210.11 Effective date for reimbursement. 210.12 "Reimbursement procedure. 210.18 Special responsibilities of State

agencies.

Sec.
210.14 Review of operating balances.
210.15 Claims against schools.
210.16 Administrative analyses and audits.
210.17 Prohibitions.
210.18 Miscellaneous provisions.
210.19 Program information.
Appendix-Apportionment of Food Assistan

Funds Pursuant to National School Luni

Act, fiscal year 1969.
Appendix-Second apportionment of Foi
Assistance Funds Pursuant to Nation
Lunch Act, fiscal year 1969.

AUTHORITY: The provisions of this Part 2 issued under secs, 2-12, 60 Stat. 280-283, amended, 76 Stat. 944; 42 U.S.C. 1751-1760.

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$ 210.1 General purpose and scope.

(a) Section 2 of the National School Lunch Act, as amended, states: “It is hereby declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grantsin-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school-lunch programs.'

(b) The Act authorizes the apportionment of funds to the States for (1) general food assistance, (2) special food assistance, and (3) nonfood assistance, and also authorizes donations of agricultural commodities and other foods acquired by the Department. This part announces the policies and prescribes the regulations with respect to the operation of the general cash-for-food assistance and the special cash-for-food assistance phases of the program (i.e., subparagraphs (1) and (2) of this paragraph) conducted under the National School Lunch Act. [28 F.R. 1247, Feb. 8, 1963, as amended by Amdt. 4, 30 F.R. 15402, Dec. 15, 1965) $ 210.2 Definitions.

For the purpose of this part the term:

(a) "Act" means the National School Lunch Act, as amended.

(b) C&MS” means the Consumer and Marketing Service of the United States Department of Agriculture.

(c) “Assistance need rate" means (1) in the case of any State having an average annual per capita income equal to or greater than the average annual per capita income for all the States, 5; and (2) in the case of any State having an average annual per capita income less than the average annual per capita income for all the States, the product of 5 and the quotient obtained by dividing the average annual per capita income for ali the States by the average annual per capita income for such State, except that such product may not exceed 9 for any such State. For the purposes of this paragraph the average annual per capita income for any State and for all the States shall be determined by the Secretary on the basis of the average annual per capita income for each State and for all the States for the three most recent years for which such data are available

and certified to the Secretary by the Department of Commerce, except that the average annual per capita income for American Samoa shall be disregarded in determining the average annual per capita income for all the States for periods ending before July 1, 1967.

(C-1) "Attendance unit” means building or a complex of buildings and supporting facilities in which instruction is provided for classes of high school grade or under.

(d) “Cost of obtaining food" means the cost of obtaining agricultural commodities and other foods for consumption by children during any fiscal year. Such costs may include, in addition to the purchase price of agricultural commodities and other foods, the cost of processing, distributing, transporting, storing, or handling any food purchased for, or donated to, the Program.

(e) “Department" means the United States Department of Agriculture.

(f) "FDAO" means Food Distribution Area Office(s), Consumer Food Programs, of the Consumer and Marketing Service of the U.S. Department of Agriculture.

(g) "Fiscal year" means a period of twelve calendar months beginning with July 1 of any calendar year and ending with June 30 of the following calendar year.

(h) “Milk” means unflavored milk which meets State and local standards for fluid whole milk and flavored milk made from fluid whole milk which meets such standards.

(i) “Nonprofit lunch program" means food service maintained by the school for the benefit of the children, all of the income from which is used solely for the operation or improvement of such food service.

(j) “Nonprofit private school" means a nonpublic school that is exempt from income tax under the Internal Revenue Code, as amended.

(k) “Participation rate" means number equal to the number of lunches meeting the minimum requirements prescribed for a Type A lunch in $ 210.9 served in the preceding fiscal year by schools participating in the Program as determined by the Secretary.

(1) "Program" means the National School Lunch Program conducted under the National School Lunch Act.

(m) "School” means the governing body responsible for the administration of a public or nonprofit private "school"

1

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of high school grade or under, as recognized under the laws of the State, and, in the case of Puerto Rico, also includes nonprofit child-care centers certified as such by the Governor of Puerto Rico. "School of high school grade or under" shall include preschool programs operated as part of the school system. The term "school" also includes a nonprofit agency to which the school has delegated authority for the operation of its nonprofit feeding program.

(n) "State" means any of the fifty States, District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam or American Samoa.

(0) “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. (28 F.R. 1247, Feb. 8, 1963, as amended by Amdt. 3, 29 F.R. 14619, Oct. 27, 1964; Amdt. 4, 30 F.R. 15402, Dec. 15, 1965; Amdt. 5, 31 F.R. 14924, Nov. 26, 1966) 8 210.3 Administration.

(a) Within the Department, C&MS shall act on behalf of the Department in the administration of the Program. Within C&MS, FDAO shall be responsible for Program administration.

(b) Within the States, responsibility for the administration of the Program in schools shall be in the State educational agency (hereinafter referred to as the “State Agency"), except that FDAO shall administer the Program in nonprofit private schools of any State wherein the State Agency is not permitted by law to disburse Federal funds paid to it under the act to nonprofit private schools, or to match Federal funds paid to such schools. References in this part to “FDAO where applicable” are to FDAO as the agency administering the Program in nonprofit private schools.

(c) Each State Agency desiring to take part in the Program 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. Such agreements shall cover a fiscal year and may be extended for succeeding fiscal years at the option of the Department. (28 F.R. 1248, Feb. 8, 1963)

8 210.4 Apportionment of funds to

States. (a) Any Federal funds made available for general cash-for-food assistance shall be apportioned among the States in accordance with section 4 of the Act on the basis of two factors: (1) The participation rate for the State, and (2) the assistance need rate for the State. The amount of apportionment to any State shall be determined by the following method: First, by determining an index for the State by multiplying factors (1) and (2) of this paragraph; second, by dividing this index by the sum of the indices for all the States (exclusive of American Samoa for periods ending before July 1, 1967); and third, by applying the figure thus obtained to the total funds to be apportioned.

(b) For the five fiscal years in the period beginning July 1, 1962, and ending June 30, 1967, the amount apportioned to American Samoa for general cash-for-food assistance shall be $25,000 each year, which amount shall be first deducted from the funds available for apportionment in determining the amounts to be apportioned to the other States.

(c) If any State cannot utilize all the funds apportioned to it for general cashfor-food assistance, or if additional funds are made available under section 3 of the Act for apportionment among the States, further apportionment shall be made among the remaining States in the same manner as the initial apportionment: Provided, however, That the Department may determine the minimum amount of such funds it is practicable to so apportion.

(d) A share of the general cash-forfood assistance funds apportioned to any State shall be withheld by C&MS for the nonprofit private schools of that State, if the State Agency does not administer the Program in such schools, The funds so withheld by C&MS shall be an amount which bears the same ratio to the general cash-for-food assistance funds apportioned to that State as the participation rate of all nonprofit private schools of the State bears to the participation rate of all schools in the State.

(e) Three percent of any Federal funds made available for special cashfor-food assistance under section 11 of the Act for any fiscal year shall be apportioned to Puerto Rico, the Virgin Islands, Guam, and American Samoa.

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