Attachment H 7 CFR 225.15(e)

Attachment H: 7 CFR 225.15(e)

§225.15 Management responsibilities of sponsors.
(a) General. (1) Sponsors shall operate the food service in accordance with: the provisions of this part;
any instructions and handbooks issued by FNS under this part; and any instructions and handbooks issued by
the State agency which are not inconsistent with the provisions of this part.
(2) Sponsors shall not claim reimbursement under parts 210, 215, 220, or 226 of this chapter. In addition,
the sponsor must ensure that records of any site serving homeless children accurately reflect commodity
allotments received as a “charitable institution”, as defined in §§250.3 and 250.41 of this chapter.
Commodities received for Program meals must be based only on the number of eligible children's meals
served. Sponsors may use funds from other Federally-funded programs to supplement their meal service but
must, in calculating their claim for reimbursement, deduct such funds from total operating and administrative
costs in accordance with the definition of “income accruing to the Program” at §225.2 and with the regulations
at §225.9(d). Sponsors which are school food authorities may use facilities, equipment and personnel
supported by funds provided under this part to support a nonprofit nutrition program for the elderly, including
a program funded under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).
(3) No sponsor may contract out for the management responsibilities of the Program described in this
section.
(4) Sponsors must maintain documentation of a nonprofit food service including copies of all revenues
received and expenses paid from the nonprofit food service account. Program reimbursements and
expenditures may be included in a single nonprofit food service account with funds from any other Child
Nutrition Programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition
Act of 1966, except the Special Supplemental Nutrition Program for Women, Infants, and Children. All
Program reimbursement funds must be used solely for the conduct of the nonprofit food service operation. The
net cash resources of the nonprofit food service of each sponsor participating in the Program may not exceed
one month's average expenditures for sponsors operating only during the summer months and three months'
average expenditures for sponsors operating Child Nutrition Programs throughout the year. State agency
approval shall be required for net cash resources in excess of the requirements set forth in this paragraph (a)(4).
Sponsors shall monitor Program costs and, in the event that net cash resources exceed the requirements
outlined, take action to improve the meal service or other aspects of the Program.
(b) Meal Ordering. (1) Each sponsor shall, to the maximum extent feasible, utilize either its own food
service facilities or obtain meals from a school food service facility. If the sponsor obtains meals from a school
food service facility, the applicable requirements of this part shall be embodied in a written agreement between
the sponsor and the school.
(2) Upon approval of its application or any adjustment in the approved levels of meal service for its sites
established under §225.6(d)(2), vended sponsors shall inform their food service management company of the
approved level at each site for which the food service management company will provide meals.
(3) Sponsors shall plan for and prepare or order meals on the basis of participation trends with the
objective of providing only one meal per child at each meal service. The sponsor shall make the adjustments
necessary to achieve this objective using the results from its monitoring of sites. For sites for which approved
levels of meal service have been established in accordance with §225.6(d)(2), the sponsor shall adjust the
number of meals ordered or prepared with the objective of providing only one meal per child whenever the
number of children attending the site is below the approved level. The sponsor shall not order or prepare meals
for children at any site in excess of the site's approved level, but may order or prepare meals above the
approved level if the meals are to be served to adults performing necessary food service labor in accordance

with §225.9(d)(5). Records of participation and of preparation or ordering of meals shall be maintained to
demonstrate positive action toward meeting this objective.
(4) In recognition of the fluctuation in participation levels which makes it difficult to estimate precisely
the number of meals needed and to reduce the resultant waste, sponsors may claim reimbursement for a
number of second meals which does not exceed two percent of the number of first meals served to children for
each meal type (i.e., breakfasts, lunches, supplements, or suppers) during the claiming period. The State
agency shall disallow all claims for second meals if it determines that the sponsor failed to plan and prepare or
order meals with the objective of providing only one meal per child at each meal service. Second meals shall
be served only after all participating children at the site's meal service have been served a meal.
(c) Records and claims. (1) Sponsors shall maintain accurate records justifying all meals claimed and
documenting that all Program funds were spent only on allowable Child Nutrition Program costs. Failure to
maintain such records may be grounds for denial of reimbursement for meals served and/or administrative
costs claimed during the period covered by the records in question. The sponsor's records shall be available at
all times for inspection and audit by representatives of the Secretary, the Comptroller General of the United
States, and the State agency for a period of three years following the date of submission of the final claim for
reimbursement for the fiscal year.
(2) Sponsors shall submit claims for reimbursement in accordance with this part. All final claims must be
submitted to the State agency within 60 days following the last day of the month covered by the claim.
(d) Training and monitoring. (1) Each sponsor shall hold Program training sessions for its administrative
and site personnel and shall allow no site to operate until personnel have attended at least one of these training
sessions. The State agency may waive these training requirements for operation of the Program during
unanticipated school closures during the period from October through April (or at any time of the year in an
area with a continuous school calendar). Training of site personnel shall, at a minimum, include: the purpose of
the Program; site eligibility; recordkeeping; site operations; meal pattern requirements; and the duties of a
monitor. Each sponsor shall ensure that its administrative personnel attend State agency training provided to
sponsors, and sponsors shall provide training throughout the summer to ensure that administrative personnel
are thoroughly knowledgeable in all required areas of Program administration and operation and are provided
with sufficient information to enable them to carry out their Program responsibilities. Each site shall have
present at each meal service at least one person who has received this training.
(2) Sponsors shall visit each of their sites at least once during the first week of operation under the
Program and shall promptly take such actions as are necessary to correct any deficiencies.
(3) Sponsors shall review food service operations at each site at least once during the first four weeks of
Program operations, and thereafter shall maintain a reasonable level of site monitoring. Sponsors shall
complete a monitoring form developed by the State agency during the conduct of these reviews.
(e) Media Release. Each sponsor shall annually announce in the media serving the area from which it draws its
attendance the availability of free meals. Camps and other programs not eligible under §225.2 (paragraph (a)
of “areas in which poor economic conditions exist”) shall annually announce to all participants the availability
of free meals for eligible children. All media releases issued by camps and other programs not eligible under
§225.2 (paragraph (a) of “areas in which poor economic conditions exist”) shall include: the Secretary's
family-size and income standards for reduced price school meals labeled “SFSP Income Eligibility Standards”;
a statement that a foster child and children who are members of households receiving SNAP, FDPIR, or TANF
benefits are automatically eligible to receive free meal benefits at eligible program sites; and a statement that
meals are available without regard to race, color, national origin, sex, age, or disability.