Estimation of Burden IC Citation Narrative

Estimate of the Information Collection Burden for the

National School Lunch Program (OMB #0584-0006)

This document explains the calculation of the information collection burden for the National School Lunch Program, OMB #0584-0006, as submitted for the renewal of the existing regulation. A notice was published in the Federal Register on October 29, 2008, at page 64301. No comments were received in response to the agency’s notice.

AFFECTED PUBLIC: STATE AGENCIES (SA)

REPORTING REQUIREMENTS

1. Section 210.5(a) states that FNS will specify the terms and conditions of the State agency’s grant in a grant award document and will generally make payments available by means of a Letter of Credit issued in favor of the State agency. The State agency shall obtain funds for reimbursement to participating school food authorities (SFAs) through procedures established by FNS in accordance with 7 CFR part 3016. State agencies shall limit requests for funds to such times and amounts as will permit prompt payment of claims or authorized advances.

FNS estimates that there are 57 SAs that will each file 24 reports annually for a total of 1,368 responses (57 X 24 = 1,368). The estimated average number of burden hours per response is 1.50 resulting in estimated total burden hours of 2,052 (1,368 X 1.50 = 2,052).

2. Section 210.5(d) states that each State agency shall submit a final Report of School Program Operations (FNS–10) to FNS for each month. The final reports shall be postmarked and/or submitted no later than 90 days following the last day of the month covered by the report. States shall not receive Program funds for any month for which the final report is not submitted within this time limit unless FNS grants an exception.

FNS estimates that there are 57 SAs that will each file 4 reports annually for a total of 228 responses (57 X 4 = 228). The estimated average number of burden hours per response is 3.20 resulting in estimated total burden hours of 729.6 (228 X 3.20 = 729.6).

3. Section 210.8(b)(4) states that the State agency shall promptly take corrective action with respect to any Claim for Reimbursement which includes more than the number of lunches served, by type, to eligible children. In taking corrective action, State agencies may make adjustments on claims filed within 90 days of the last day of the claim month and are reflected in the final Report of School Program Operations (FNS–10) for the claim month required under § 210.5(d) of this part. Upward adjustments in Program funds claimed which are not reflected in the final FNS–10 for the claim month shall not be made unless authorized by FNS. Except that, upward adjustments for the current and prior fiscal years resulting from any review or audit may be made, at the discretion of the State agency.

FNS estimates that there are 57 SAs that will each file 4 reports annually for a total of 228 responses (57 X 4 = 228). The estimated average number of burden hours per response is 2.25 resulting in estimated total burden hours of 513 (228 X 2.25 = 513).

4. Section 210.18(d)(1) states that the SA shall inform FNS of the anticipated schedule of school food authority reviews upon request.

Sections 210.18(d)(2) and 210.18(o)(1) state that, for administrative reviews (on-site evaluation of all SFAs participating in the Program), each State agency shall notify FNS of names of those large SFAs exceeding any one of the critical area review thresholds, i.e., 1 – Certification/Counting/ Claiming or 2 –Meal Elements.

FNS estimates that there are 57 SAs that will each file 0.20 reports annually for a total of 11.40 responses (57 X 0.20 = 11.40). The estimated average number of burden hours per response is 1 resulting in estimated total burden hours of 11.40 (11.40 X 1 = 11.40).

5. Sections 210.18(g) and 210.18(h) require that, for administrative reviews, each State agency shall verify compliance with both the critical and general areas of review.

FNS estimates that there are 57 SAs that will each file 1 report annually for a total of 57 responses (57 X 1 = 57). The estimated average number of burden hours per response is 20 resulting in estimated total burden hours of 1,140 (57 X 20 = 1,140).

6. Section 210.18(j) states that, after every review, the State agency shall provide written notification of the review findings to the SFA’s Superintendent (or equivalent in a non-public school food authority) or authorized representative. The written notification shall include the review findings, the needed corrective actions, the deadlines for completion of the corrective action, and the potential fiscal action. As a part of the denial of all or a part of a Claim for Reimbursement or withholding payment in accordance with the provisions of this section, the State agency shall provide the SFA a written notice which details the grounds on which the denial of all or a part of the Claim for Reimbursement or withholding payment is based. This notice, which shall be sent by certified mail, return receipt requested, shall also include a statement indicating that the SFA may appeal the denial of all or a part of a Claim for Reimbursement or withholding payment and the entity (i.e., FNS or State agency) to which the appeal should be directed. The State agency shall notify the SFA, in writing, of the appeal procedures.

FNS estimates that there are 57 SAs that will each file 1 report annually for a total of 57 responses (57 X 1 = 57). The estimated average number of burden hours per response is 2 resulting in estimated total burden hours of 114 (57 X 2 = 114).

7. Sections 210.18(n) and 210.18(o)(2) state that each State Agency shall report to FNS the results of reviews by March 1 of each school year, on form FNS-640. In such annual reports, the State agency shall conduct administrative reviews and follow-up reviews conducted in the preceding school year.

FNS estimates that there are 57 SAs that will each file 1 report annually for a total of 57 responses (57 X 1 = 57). The estimated average number of burden hours per response is 1 resulting in estimated total burden hours of 57 (57 X 1 = 57).

8. Section 210.18(q) states that, except for FNS conducted reviews, each State agency shall establish an appeal procedure to be followed by a SFA requesting a review of a denial of all or a part of the Claim for Reimbursement or withholding payment arising from administrative or follow-up review activity conducted by the State agency.

FNS estimates that there are 57 SAs that will each file 1 report annually for a total of 57 responses (57 X 1 = 57). The estimated average number of burden hours per response is 7 resulting in estimated total burden hours of 399 (57 X 7 = 399).

9. Section 210.19(b) states that information on schools eligible to receive donated foods available under section 6 of the National School Lunch Act (42 U.S.C. 1755) shall be prepared each year by the State agency with accompanying information on the average daily number of lunches to be served in such schools. This information shall be prepared as early as practicable each school year and forwarded no later than September 1 to the Distributing agency.

FNS estimates that there are 2 SAs that will each file 1 report annually for a total of 2 responses (2 X 1 = 2). The estimated average number of burden hours per response is 3 resulting in estimated total burden hours of 6 (3 X 2 = 6).

In addition, Section 210.19(b) requires that the State agency shall be responsible for promptly revising the information to reflect additions or deletions of eligible schools and for providing such adjustments in participation as are determined necessary by the State agency. Schools shall be consulted by the Distributing agency with respect to the needs of such schools relating to the manner of selection and distribution of commodity assistance.

FNS estimates that there are 2 SAs that will each file 1 report annually for a total of 2 responses (2 X 1 = 2). The estimated average number of burden hours per response is 2 resulting in estimated total burden hours of 4 (2 X 2 = 4).

10. Section 210.19(f) states that on an annual basis, the State agency shall provide the State agency which administers the Child and Adult Care Food Program with a list of all elementary schools in the State participating in the National School Lunch Program in which 50 percent or more of enrolled children have been determined eligible for free or reduced price meals as of the last operating day of the previous October, or other month specified by the State agency.

FNS estimates that there are 12 SAs that will each file 1 report annually for a total of 12 responses (12 X 1 = 12). The estimated average number of burden hours per response is .50 resulting in estimated total burden hours of 6 (12 X .50 = 6).

11. Section 210.20(a)(8) states that each State Agency shall report to FNS the results of review of schools’ compliance with the food safety inspection requirement.

FNS estimates that there are 57 SAs that will each file 1 report annually for a total of 12 responses (57 X 1 = 57). The estimated average number of burden hours per response is 1.50 resulting in estimated total burden hours of 85.50 (57 X 1.50 = 85.50).

12. Section 210.25 states that FNS and the State agency shall comply with the provisions of 7 CFR part 3016 concerning grant suspension, termination and closeout procedures. Furthermore, the State agency shall apply these provisions, or the parallel provision of 7 CFR part 3019, as applicable to suspension or termination of the Program in SFAs.

FNS estimates that there are 57 SAs that will each file 2 reports annually for a total of 12 responses (57 X 2 = 114). The estimated average number of burden hours per response is 3.2 resulting in estimated total burden hours of 364.80 (114 X 3.2 = 364.80).

RECORDKEEPING

1. Section 210.18(h)(3) states that the SA shall examine SFAs compliance with the civil rights provisions.

FNS estimates that there are 57 SAs that will each keep 69 records annually for a total of 3,933 responses (57 X 69 = 3,933). The estimated average number of burden hours per response is 0.1 resulting in estimated total burden hours of 393.30 (3,933 X 0.1 = 393.30). Administrative reviews are required once every five years and 69 responses/respondent is an average per year.

2. Section 210.18(i) states that all school food authorities found to have a critical area violation in excess of any one of the review thresholds are subject to follow-up reviews. The SA shall conduct a first follow-up review of any large SFA found on an administrative review to have critical area violations in excess of any one of the review thresholds. SAs shall also conduct a first follow-up review of at least 25 percent of the small SFAs found on a review to have critical area violations in excess of any one of the review thresholds. SAs shall conduct additional follow-up reviews of any school food authority which has a critical area violation exceeding a review threshold on the first follow-up or any subsequent follow-up review regardless of whether such review is conducted by FNS or the SA.

FNS estimates that there are 57 SAs that will each keep 1 record annually for a total of 57 responses (57 X 1 = 57). The estimated average number of burden hours per response is 1 resulting in estimated total burden hours of 57 (57 X 1 = 57).

3. Section 210.18(k) states that a SFA is required to submit documented corrective action for any degree of violation of general or critical areas identified in an administrative review or on any follow-up review. Documented corrective action may be provided at the time of the review; however, it shall be postmarked or submitted to the SA no later than 30 days from the deadline for completion of each required corrective action, or as otherwise extended by the SA. The SA shall maintain any documented corrective action on file for review by FNS.

Section 210.20(b) states that participating SAs are required to maintain records to demonstrate compliance with Program requirements.

FNS estimates that there are 57 SAs that will each keep 98.23 records annually for a total of 5,314.110 responses (57 X 98.23 = 5,314.110). The estimated average number of burden hours per response is 1.3 resulting in estimated total burden hours of 6,908.343 (5,314.110 X 1.3 = 6,908.343).

4. Section 210.18(p) states that each State agency shall keep records which document the details of all reviews and demonstrate the degree of compliance with the critical and general areas of review. Additionally, the SA must have on file documentation demonstrating compliance with the statistical sampling requirements.

FNS estimates that there are 57 SAs that will each keep 1 record annually for a total of 57 responses (57 X 1 = 57). The estimated average number of burden hours per response is 1resulting in estimated total burden hours of 57 (57 X 1= 57). The 280 hours reported in the previous submission was incorrect.

5. Section 210.19(a)(1)(i) states that State agencies shall evaluate compliance, over the school week, with the nutrition standards for lunches and, as applicable, for breakfasts. Review activity may be confined to lunches served under the Program unless a menu planning approach is used exclusively in the School Breakfast Program or unless the school food authority only offers breakfasts under the School Breakfast Program.

FNS estimates that there are 57 SAs that will each keep 1 record annually for a total of 57 responses (57 X 1 = 57). The estimated average number of burden hours per response is 1 resulting in estimated total burden hours of 57 (57 X 1 = 57).

6. Section 210.19(a)(1)(v) states that, if the menu for the school week fails to comply with the nutrition standards specified in the regulations, the SA shall assist the SFA in developing a corrective action plan designed to rectify those deficiencies. The State agency shall monitor the SFA’s execution of the plan to ensure that the terms of the corrective action plan are met.

FNS estimates that there are 5 SAs that will each keep 1 record annually for a total of 5 responses (5 X 1 = 5). The estimated average number of burden hours per response is 20 resulting in estimated total burden hours of 100 (5 X 20 = 100).

7. Section 210.19(a)(6) states that each SA shall annually review each contract including all supporting documentation between any school food authority and food service management company to ensure compliance with all the provisions and standards set forth in this part before execution of the contract by either party.

FNS estimates that there are 57 SAs that will each keep 30 records annually for a total of 1,710 responses (57 X 30 = 1,710). The estimated average number of burden hours per response is 4 resulting in estimated total burden hours of 6,840 (1,710 X 4 = 6,840). Last submission the respondent time was reported incorrectly as (0.4) due to decimal placement.

8. Section 210.19(b) states that SAs shall maintain information on schools eligible to receive donated foods available under section 6 of the National School Lunch Act (42 U.S.C. 1755) shall be prepared each year by the State agency with accompanying information on the average daily number of lunches to be served in such schools.

FNS estimates that there are 57 SAs that will each keep 1 record annually for a total of 57 responses (57 X 1 = 57). The estimated average number of burden hours per response is 3.0 resulting in estimated total burden hours of 171 (57 X 3.0 = 171).

9. Section 210.19(c) states that SAs are responsible for ensuring Program integrity at the school food authority level. State agencies shall take fiscal action against SFAs for claims for reimbursement that are not properly payable including, if warranted, the disallowance of funds for failure to take corrective action.

FNS estimates that there are 57 SAs that will each keep 139 records annually for a total of 7,923 responses (57 X 139 = 7,923). The estimated average number of burden hours per response is 0.33 resulting in estimated total burden hours of 2,614.590 (7,923 X 0.33 = 2,614.590).

10. Section 210.19(f) states that the SA shall provide the SA which administers the Child and Adult Care Food Program with a list of all elementary schools in the State participating in the National School Lunch Program in which 50 percent or more of enrolled children have been determined eligible for free or reduced price meals as of the last operating day of the previous October, or other month specified by the State agency.

FNS estimates that there are 57 SAs that will each keep 1 record annually for a total of 57 responses (57 X 1 = 57). The estimated average number of burden hours per response is 2 resulting in estimated total burden hours of 114 (57 X 2 = 114).

11. Section 210.20 (b) (1) states that the accounting records and source documents to control the receipt, custody and disbursement of Federal NSLP funds, including documentation to support reimbursement payments submitted to FNS approved alternatives and follow-up activity.

Section 210.20(b)(2) states that the State agency shall provide documentation supporting all school food authority claims.

FNS estimates that there are 57 SAs that will each keep 4,133 records annually for a total of 235,581 responses (57 X 4,133 = 235,581). The estimated average number of burden hours per response is 0.25 resulting in estimated total burden hours of 58,895.250 (235,581 X 0.25 = 58,895.250).

12. Section 210.20(b)(12) states that each SA shall maintain records records supplied by the SFAs showing the number of food safety inspections obtained by schools.

FNS estimates that there are 57 SAs that will each keep 365.93 records annually for a total of 20,858 responses (57 X 365.93 = 20,858). The estimated average number of burden hours per response is 0.25 resulting in estimated total burden hours of 5,214.50 (20,858 X 0.25 = 5,214.50).

AFFECTED PUBLIC: SCHOOL FOOD AUTHORITY (SFA)

REPORTING REQUIREMENTS

1. Sections 210.8(b) states that, to be entitled to reimbursement under this part, each SFA shall submit to the SA, a monthly claim for reimbursement that include data in sufficient detail to justify the reimbursement claimed and to enable the SA to provide the Report of School Program Operations.

FNS estimates that there are 20,858 SFAs that will each file 12 reports annually for a total of 250,296 responses (20,858 X 12 = 250,296). The estimated average number of burden hours per response is 1.5 resulting in estimated total burden hours of 375,444 (250,296 X 1.5 = 375,444).

2. Section 210.8(b)(1) states that a final claim for reimbursement shall be postmarked or submitted to the SA not later than 60 days following the last day of the full month covered by the claim.

FNS estimates that there are 2,005 SFAs that will each file 1 report annually for a total of 2,005 responses (2,005 X 1 = 2,005). The estimated average number of burden hours per response is 0.5 resulting in estimated total burden hours of 1,002.50 (2,005 X 0.5 = 1,002.50).

3. Section 210.8(c)(2) states that, for the month of October, the SA shall also obtain, either through the Claim for Reimbursement or other means, the total number of children approved for free lunches and meal supplements, the total number of children approved for reduced price lunches and meal supplements, and the total number of children enrolled in the SFA as of the last day of operation in October. The SFA shall submit this data to the SA no later than December 31 of each year.

FNS estimates that there are 20,858 SFAs that will each file 1 report annually for a total of 20,858 responses (20,858 X 1 = 20,858). The estimated average number of burden hours per response is 0.08 resulting in estimated total burden hours of 1,668.64 (20,858 X 0.08 = 1,668.64).

4. Section 210.9(a) and (b) state that an official of a SFA shall make written application to the SA for any school in which it desires to operate the Program. Applications shall provide the SA with sufficient information to determine eligibility.

FNS estimates that there are 10 SFAs that will each file 1 report annually for a total of 10 responses (10 X 1 = 10). The estimated average number of burden hours per response is 1.25 resulting in estimated total burden hours of 12.50 (10 X 1.25 = 12.50).

5. Section 210.9(b)(20) states that each SFA shall, with respect to participating schools under its jurisdiction, no later than December 31 of each year, provide the SA with a list of all elementary schools under its jurisdiction in which 50 percent or more of enrolled children have been determined eligible for free or reduced price meals as of the last operating day the preceding October.

FNS estimates that there are 4,969 SFAs that will each file 1 report annually for a total of 4,969 responses (4,969 X 1 = 4,969). The estimated average number of burden hours per response is 0.5 resulting in estimated total burden hours of 2,484.50 (4,969 X 0.5 = 2,484.50).

6. Section 210.9(b)(20) further states that each SFA shall provide, when available for the schools under its jurisdiction, and upon the request of a sponsoring organization of day care homes of the Child and Adult Care Food Program, information on the boundaries of the attendance areas for the elementary schools identified as having 50 percent or more of enrolled children certified eligible for free or reduced price meals.

FNS estimates that there are 4,969 SFAs that will each file 2 reports annually for a total of 9,938 responses (4,969 X 2 = 9,938). The estimated average number of burden hours per response is 4 resulting in estimated total burden hours of 39,752 (9,938 X 4 = 39,752).

7. Section 210.9(c)(7) states that SFAs with eligible schools that elect to serve meal supplements during afterschool care programs, shall review each afterschool care program two times a year.

FNS estimates that there are 241 SFAs that will each file 2 reports annually for a total of 482 responses (241 X 2 = 482). The estimated average number of burden hours per response is 1.44 resulting in estimated total burden hours of 694.08 (482 X 1.44 = 694.08).

8. Section 210.10(h) states that SFAs must identify products or dishes containing more than 30% vegetable protein products. Additionally, FNS encourages schools to inform the students, parents, and the public about efforts they are making to meet the nutrition standards.

FNS estimates that there are 10,000 SFAs that will each file 1 report annually for a total of 10,000 responses (10,000 X 1 = 10,000). The estimated average number of burden hours per response is 0.016 resulting in estimated total burden hours of 160 (10,000 X 0.016 = 160.00).

9. Section 210.15(a)(7) states participating SFAs are required to submit forms and reports to the SA to demonstrate compliance with Program requirements. These reports include the number of food safety inspections obtained per school year by each school under its jurisdiction.

FNS estimates that there are 20,858 SFAs that will each file 1 report annually for a total of 20,858 responses (20,858 X 1 = 20,858). The estimated average number of burden hours per response is 0.5 resulting in estimated total burden hours of 10,429 (20,858 X 0.5 = 10,429).

10. Section 210.16(a) requires that SFAs ensure that the SA has reviewed and approved the contract terms and that the SFA has incorporated all SA requirements into the contract or amendment before any contract or amendment to an existing food service management company contract is executed. Any changes made by the SFA or a food service management company to a SA pre-approved prototype contract or SA approved contract term must be approved in writing by the State agency before the contract is executed. When requested, the school food authority must submit all procurement documents, including responses submitted by potential contractors, to the SA, by the due date established by the SA.

FNS estimates that there are 1,648 SFAs that will each file 1 report annually for a total of 1,648 responses (1,648 X 1 = 1,648). The estimated average number of burden hours per response is 1.5 resulting in estimated total burden hours of 2,472 (1,648 X 1.5 = 2,472). Last submission this was reported incorrectly as (.15) this error was due to decimal placing.

11. Section 210.18(k)(2) states that documented corrective action is required for any degree of violation of general or critical areas identified in an administrative review or on any follow-up review. Documented corrective action may be provided at the time of the review; however, it shall be postmarked or submitted to the SA no later than 30 days from the deadline for completion of each required corrective action as otherwise extended by the SA.

FNS estimates that there are 4,142 SFAs that will each file 1 report annually for a total of 4,142 responses (4,142 X 1 = 4,142). The estimated average number of burden hours per response is 3 resulting in estimated total burden hours of 12,426 (4,142 X 3 = 12,426).

12. Section 210.19(a)(2) states that SFAs shall comply with the requirements to account for all revenues and expenditures of their nonprofit school food service.

FNS estimates that there are 20,858 SFAs that will each file 4 reports annually for a total of 83,432 responses (20,858 X 4 = 83,432). The estimated average number of burden hours per response is 0.33 resulting in estimated total burden hours of 27,532.56 (83,432 X 0.33 = 27,532.56).

RECORDKEEPING

1. Sections 210.8(a) and 210.15(b)(1) state the SFA shall establish internal controls which ensure the accuracy of lunch counts prior to the submission of the monthly claim for reimbursement.

FNS estimates that there are 20,858 SFAs that will each keep 10 records annually for a total of 208,580 responses (20,858 X 10 = 208,580). The estimated average number of burden hours per response is 10 resulting in estimated total burden hours of 2,085,800 (208,580 X 10 = 2,085,800).

2. Sections 210.9(b)(18) and 210.15(b)(4) state that, in order to participate in the Program, a SFA shall maintain records to demonstrate compliance with Program requirements. These records include currently approved and denied applications for free and reduced price lunches and a description of the verification activities, including verified applications, and any accompanying source documentation.

FNS estimates that there are 20,858 SFAs that will each keep 1 record annually for a total of 20,858 responses (20,858 X 1 = 20,858). The estimated average number of burden hours per response is 2.68 resulting in estimated total burden hours of 55,482.280 (20,858 X 2.68 = 55,482.280).

3. Sections 210.9(b)(18) and 210.15(b)(4) state that a SFA shall maintain the names of children approved for free lunches based on documentation certifying that the child is included in a household approved to receive benefits under the Supplemental Nutrition Assistance Program (SNAP) – formerly, Food Stamp Program; Food Distribution Program for Households on Indian Reservations (FDPIR); or Temporary Assistance for Needy Families (TANF).

FNS estimates that there are 150 SFAs that will each keep 1 record annually for a total of 150 responses (150 X 1 = 150). The estimated average number of burden hours per response is 5 resulting in estimated total burden hours of 750 (150 X 5 = 750).

4. Section 210.10 states that SFAs that adopt menu planning alternatives, modify menu planning alternatives or develop menu planning alternatives must maintain records to document compliance with nutrition standards and menu planning approaches for meals served and claimed for reimbursement under the Program.

FNS estimates that there are 2,500 SFAs that will each keep 1 record annually for a total of 2,500 responses (2,500 X 1 = 2,500). The estimated average number of burden hours per response is 10.5 resulting in estimated total burden hours of 26,260.50 (2,500 X 10.5 = 26,250.50).

5. Section 210.17(h) states that each SFA shall maintain records to document that, for each school year, the amount of State revenues appropriated or used specifically by the State for program purposes shall not be less than 30 percent of the funds received by such State under section 4 of the National School Lunch Act during the school year beginning July 1, 1980 – i.e., records to document maintenance of State revenue matching funds.

FNS estimates that there are 20,858 SFAs that will each keep 1 record annually for a total of 20,858 responses (20,858 X 1 = 20,858). The estimated average number of burden hours per response is 1 resulting in estimated total burden hours of 20,858 (20,858 X 1 = 20,858).

6. Section 210.18(k)(2) states that documented corrective action is required for any degree of violation of general or critical areas identified in an administrative review or on any follow-up review. Documented corrective action may be provided at the time of the review; however, it shall be postmarked or submitted to the State agency no later than 30 days from the deadline for completion of each required corrective action, as otherwise extended by the State agency.

FNS estimates that there are 4,142 SFAs that will each keep 1 record annually for a total of 4,142 responses (4,142 X 1 = 4,142). The estimated average number of burden hours per response is 3 resulting in estimated total burden hours of 12,426 (4,142 X 1 = 12,426).

AFFECTED PUBLIC: SCHOOL LEVEL

REPORTING REQUIREMENTS

1. Section 210.9(b) states that each school shall count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of service, or through another counting system if approved by the State agency.

FNS estimates that there are 101,747 schools that will each file 10 reports annually for a total of 1,017,470 responses (101,747 X 10 = 1,017,470). The estimated average number of burden hours per response is 0.5 resulting in estimated total burden hours of 508,735 (1,017,470 X 0.5 = 508,735).

2. Section 210.19(a)(2) states that each school shall ensure compliance with the requirements to account for all revenues and expenditures of their nonprofit school food service. Schools must report the revenue from cafeteria sales for inclusion in net cash resources to ensure that all income accrues to the benefit of the nonprofit school food service.

FNS estimates that there are 101,747 schools that will each file 10 reports annually for a total of 1,017,470 responses (101,747 X 10 = 1,017,470). The estimated average number of burden hours per response is 0.33 resulting in estimated total burden hours of 335,765.100 (1,017,470 X 0.33 = 335,765.100).

RECORDKEEPING REQUIREMENTS

1. Sections 210.10(a), 210.15(b)(2), 210.15(b)(3) and 210.14(a)(1) state that schools must keep production and menu records for the meals they produce. These records must show how the meals contribute to the required food components, food items or menu items every day. In addition, for lunches, these records must show how the lunches contribute to the nutrition and the appropriate calorie and nutrient levels for the ages/grades of the children in the school. If applicable, schools or school food authorities must maintain nutritional analysis records to demonstrate that lunches meet the nutrition standards and the nutrient and calorie levels for children for each age or grade group.

FNS estimates that there are 58,231 schools that will each keep 180 records annually for a total of 10,481,580 responses (58,231 X 180 = 10,481,580). The estimated average number of burden hours per response is 0.28 resulting in estimated total burden hours of 2,934,842.40 (10,481,580 X 0.28 = 2,934,842.40).

2. Section 210.10(a)(i)(1) states schools must make substitutions in lunches and afterschool snacks for students who are considered to have a disability and whose disability restricts their diet. Schools may also make substitutions for students who do not have a disability but who cannot consume the regular lunch or afterschool snack because of medical or other special dietary needs. Substitutions must be made on a case by case basis only when supported by a statement of the need for substitutions that includes recommended alternate foods, unless otherwise exempted by FNS. Such statement must, in the case of a student with a disability, be signed by a physician or, in the case of a student who is not disabled, by a recognized medical authority.

FNS estimates that there are 101,747 schools that will each keep 1 record annually for a total of 101,747 responses (101,747 X 1 = 101,747). The estimated average number of burden hours per response is 0.5 resulting in estimated total burden hours of 50,873.50 (101,747 X 0.5 = 50,873.50).

3. Section 210.13(b) states schools shall obtain a minimum of two food safety inspections during each school year conducted by a State or local governmental agency responsible for food safety inspections. They shall post in a publicly visible location a report of the most recent inspection conducted, and provide a copy of the inspection report to a member of the public upon request.

FNS estimates that there are 101,747 schools that will each keep 2 records annually for a total of 203,494.00 responses (101,747 X 2 = 203,494). The estimated average number of burden hours per response is 0.083 resulting in estimated total burden hours of 16,890.002 (203,494 X 0.083 = 16,890.002).

4. Section 210.15(b)(1) requires that schools maintain documentation of participation data in support of the claim for reimbursement (count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of service, or through another approved counting system) and data used in the claims review process (files of currently approved and denied free and reduced price applications, respectively, and the names of children approved for free lunches based on direct certification and the individual applications for free and reduced price lunches and meal supplements submitted by families for a period of 3 years after the end of the fiscal year to which they pertain).

FNS estimates that there are 101,747 schools that will each keep 180 records annually for a total of 18,314,460 responses (101,747 X 180 = 18,314,460). The estimated average number of burden hours per response is 0.161 resulting in estimated total burden hours of 2,948,628.06 (18,314,460 X 0.161= 2,948,628.06).

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