Attachment F. Title 7 CFR Part 226 - Child and Adult Care Food Program Regulations

Attachment F. Title 7 CFR Part 225 –
Summer Food Service Program Regulations

7 CFR Part 225 (up to date as of 4/09/2024)
Summer Food Service Program

7 CFR Part 225 (Apr. 9, 2024)

Title 7 —Agriculture
Subtitle B —Regulations of the Department of Agriculture
Chapter II —Food and Nutrition Service, Department of Agriculture
Subchapter A —Child Nutrition Programs
Part 225 Summer Food Service Program
Subpart A General
§ 225.1 General purpose and scope.
§ 225.2 Definitions.
§ 225.3 Administration.
Subpart B State Agency Provisions
§ 225.4 Program management and administration plan.
§ 225.5 Payments to State agencies and use of Program funds.
§ 225.6 State agency responsibilities.
§ 225.7 Program monitoring and assistance.
§ 225.8 Records and reports.
§ 225.9 Program assistance to sponsors.
§ 225.10 Audits and management evaluations.
§ 225.11 Corrective action procedures.
§ 225.12 Claims against sponsors.
§ 225.13 Appeal procedures.
Subpart C Sponsor and Site Provisions
§ 225.14 Requirements for sponsor participation.
§ 225.15 Management responsibilities of sponsors.
§ 225.16 Meal service requirements.
Subpart D General Administrative Provisions
§ 225.17 Procurement standards.
§ 225.18 Miscellaneous administrative provisions.
§ 225.19 Program information.
§ 225.20 Information collection/recordkeeping—OMB assigned control numbers.
Appendix A to Part 225
Alternate Foods for Meals
Appendix B to Part 225 [Reserved]
Appendix C to Part 225
Child Nutrition (CN) Labeling Program

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7 CFR Part 225 (up to date as of 4/09/2024)
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7 CFR 225

PART 225—SUMMER FOOD SERVICE PROGRAM
Authority: Secs. 9, 13 and 14, Richard B. Russell National School Lunch Act, as amended (42 U.S.C. 1758, 1761
and 1762a).

Source: 54 FR 18208, Apr. 27, 1989, unless otherwise noted.

Subpart A—General
§ 225.1 General purpose and scope.
This part establishes the regulations under which the Secretary will administer a Summer Food Service Program.
Section 13 of the Act authorizes the Secretary to assist States through grants-in-aid to conduct nonprofit food
service programs for children during the summer months and at other approved times. The primary purpose of the
Program is to provide food service to children from needy areas during periods when area schools are closed for
vacation.

§ 225.2 Definitions.
2 CFR part 200, means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards published by OMB. The part reference covers applicable: Acronyms and Definitions
(subpart A), General Provisions (subpart B), Post Federal Award Requirements (subpart D), Cost
Principles (subpart E), and Audit Requirements (subpart F). (NOTE: Pre-Federal Award Requirements and
Contents of Federal Awards (subpart C) does not apply to the National School Lunch Program).
Act

means the National School Lunch Act, as amended.

Administrative costs means costs incurred by a sponsor related to planning, organizing, and managing a food
service under the Program, and excluding interest costs and operating costs.
Adult means, for the purposes of the collection of the last four digits of social security numbers as a condition
of eligibility for Program meals, any individual 21 years of age or older.
Advance payments means financial assistance made available to a sponsor for its operating costs and/or
administrative costs prior to the end of the month in which such costs will be incurred.
Areas in which poor economic conditions exist means:
(1) The attendance area of a school in which at least 50 percent of the enrolled children have been
determined eligible for free or reduced-price school meals under the National School Lunch Program
and the School Breakfast Program;
(2) A geographic area where, based on the most recent census data available or information provided
from a department of welfare or zoning commission, at least 50 percent of the children residing in
that area are eligible for free or reduced-price school meals under the National School Lunch
Program and the School Breakfast Program;
(3) A geographic area where a site demonstrates, based on other approved sources, that at least 50
percent of the children enrolled at the site are eligible for free or reduced-price school meals under
the National School Lunch Program and the School Breakfast Program; or

7 CFR 225.2 “Areas in which poor economic conditions exist” (3) (enhanced display)

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7 CFR 225.2 “Areas in which poor economic conditions exist”
(4)

(4) A closed enrolled site in which at least 50 percent of the enrolled children at the site are eligible for
free or reduced-price school meals under the National School Lunch Program and the School
Breakfast Program, as determined by approval of applications in accordance with § 225.15(f).
Camps means residential summer camps and nonresidential day camps which offer a regularly scheduled food
service as part of an organized program for enrolled children. Nonresidential camp sites shall offer a
continuous schedule of organized cultural or recreational programs for enrolled children between meal
services.
Children means:
(1) Persons 18 years of age and under; and
(2) Persons over 18 years of age who are determined by a State educational agency or a local public
educational agency of a State to be mentally or physically disabled and who participate in a public or
nonprofit private school program established for the mentally or physically disabled.
Children's Health Insurance Program (CHIP) means the State medical assistance program under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.).
Closed enrolled site means a site which is open only to enrolled children, as opposed to the community at large,
and in which at least 50 percent of the enrolled children at the site are eligible for free or reduced-price
school meals under the National School Lunch Program and the School Breakfast Program, as
determined by approval of applications in accordance with § 225.15(f), or on the basis of documentation
that the site meets paragraph (1), (2), or (3) of the definition of “Areas in which poor economic conditions
exist” as provided in this section.
Conditional non-congregate site means a site which qualifies for Program participation because it conducts a
non-congregate meal service for eligible children in an area that does not meet the definition of “areas in
which poor economic conditions exist” and is not a “Camp,” as defined in this section.
Congregate meal service means a food service at which meals that are provided to children are consumed on
site in a supervised setting.
Continuous school calendar means a situation in which all or part of the student body of a school is
(a) on a vacation for periods of 15 continuous school days or more during the period October through
April and
(b) in attendance at regularly scheduled classes during most of the period May through September.
Costs of obtaining food means costs related to obtaining food for consumption by children. Such costs may
include, in addition to the purchase price of agricultural commodities and other food, the cost of
processing, distributing, transporting, storing, or handling any food purchased for, or donated to, the
Program.
Current income means income, as defined in § 225.15(f)(4)(vi), received during the month prior to application for
free meals. If such income does not accurately reflect the household's annual income, income must be
based on the projected annual household income. If the prior year's income provides an accurate
reflection of the household's current annual income, the prior year may be used as a base for the
projected annual income.
Department means the U.S. Department of Agriculture.

7 CFR 225.2 “Department” (enhanced display)

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7 CFR 225.2 “Disclosure”

Disclosure means reveal or use individual children's program eligibility information obtained through the free and
reduced price meal eligibility process for a purpose other than for the purpose for which the information
was obtained. The term refers to access, release, or transfer of personal data about children by means of
print, tape, microfilm, microfiche, electronic communication or any other means.
Documentation means:
(1) The completion of the following information on a free meal application:
(i)

Names of all household members;

(ii) Income received by each household member, identified by source of income (such as earnings,
wages, welfare, pensions, support payments, unemployment compensation, social security and
other cash income);
(iii) The signature of an adult household member; and
(iv) The last four digits of the Social Security number of the adult household member who signs the
application, or an indication that the adult does not possess a Social Security number; or
(2) For a child who is a member of a household receiving SNAP, FDPIR, or TANF benefits,
“documentation” means completion of only the following information on a free meal application:
(i)

The name(s) and appropriate SNAP, FDPIR, or TANF case number(s) for the child(ren); and

(ii) The signature of an adult member of the household.
Excess funds means the difference between any advance funding and reimbursement funding, when advance
funds received by a sponsor are greater than the reimbursement amount earned by a sponsor.
Experienced site means a site which, as determined by the State agency, has successfully participated in the
Program in the prior year.
Experienced sponsor means a sponsor which, as determined by the State agency, has successfully participated
in the Program in the prior year.
Family means a group of related or nonrelated individuals who are not residents of an institution or boarding
house but who are living as one economic unit.
FDPIR household means any individual or group of individuals which is currently certified to receive assistance
as a household under the Food Distribution Program on Indian Reservations.
Fiscal year means the period beginning October 1 of any calendar year and ending September 30 of the
following calendar year.
FNS means the Food and Nutrition Service of the Department.
FNSRO means the appropriate FNS Regional Office.
Food service management company means any commercial enterprise or nonprofit organization with which a
sponsor may contract for preparing unitized meals, with or without milk, for use in the Program, or for
managing a sponsor's food service operations in accordance with the limitations set forth in § 225.15.
Food service management companies may be:
(a) Public agencies or entities;
(b) private, nonprofit organizations; or
7 CFR 225.2 “Food service management company” (b) (enhanced display)

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7 CFR 225.2 “Food service management company” (c)

(c) private, for-profit companies.
Foster child means a child who is formally placed by a court or a State child welfare agency, as defined in §
245.2 of this chapter.
Good standing means the status of a program operator that meets its Program responsibilities, is current with
its financial obligations, and, if applicable, has fully implemented all corrective actions within the required
period of time.
Household means “family,” as defined in this section.
Income accruing to the program means all funds used by a sponsor in its food service program, including but not
limited to all monies, other than program payments, received from Federal, State and local governments,
from food sales to adults, and from any other source including cash donations or grants. Income accruing
to the Program will be deducted from combined operating and administrative costs.
Income standards means the family-size and income standards prescribed annually by the Secretary for
determining eligibility for reduced price meals under the National School Lunch Program and the School
Breakfast Program.
Meals means food which is served to children at a food service site and which meets the nutritional
requirements set out in this part.
Medicaid means the State medical assistance program under title XIX of the Social Security Act (42 U.S.C. 1396
et seq.).
Milk means whole milk, lowfat milk, skim milk, and buttermilk. All milk must be fluid and pasteurized and must
meet State and local standards for the appropriate type of milk. Milk served may be flavored or
unflavored. In Alaska, Hawaii, American Samoa, Guam, Puerto Rico, the Trust Territory of the Pacific
Islands, the Northern Mariana Islands, and the Virgin Islands of the United States, if a sufficient supply of
such types of fluid milk cannot be obtained, reconstituted or recombined milk may be used. All milk
should contain Vitamins A and D at the levels specified by the Food and Drug Administration and at levels
consistent with State and local standards for such milk.
Needy children means children from families whose incomes are equal to or below the Secretary's published
Child Nutrition Programs: Income Eligibility Guidelines.
Net cash resources means all monies, as determined in accordance with the State agency's established
accounting system that are available to or have accrued to a sponsor's nonprofit food service at any given
time, less cash payable. Such monies may include, but are not limited to, cash on hand, cash receivable,
earnings on investments, cash on deposit and the value of stocks, bonds, or other negotiable securities.
New site means a site which did not participate in the Program in the prior year, an experienced site that is
proposing to operate a non-congregate meal service for the first time, or, as determined by the State
agency, a site which has experienced significant staff turnover from the prior year.
New sponsor means a sponsor which did not participate in the Program in the prior year, or, as determined by
the State agency, a sponsor which has experienced significant staff turnover from the prior year.
Non-congregate meal service means a food service at which meals are provided for children to consume all of
the components off site. Non-congregate meal service must only be operated at sites designated as
“Rural” with no “Congregate meal service,” as determined in § 225.6(h)(3) and (4).

7 CFR 225.2 “Non-congregate meal service” (enhanced display)

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7 CFR 225.2 “Nonprofit food service”

Nonprofit food service means all food service operations conducted by the sponsor principally for the benefit of
children, all of the revenue from which is used solely for the operation or improvement of such food
services.
Nonprofit food service account means the restricted account in which all of the revenue from all food service
operations conducted by the sponsor principally for the benefit of children is retained and used only for
the operation or improvement of the nonprofit food service. This account must include, as appropriate,
non-Federal funds used to support program operations, and proceeds from non-program foods.
NYSP means the National Youth Sports Program administered by the National Collegiate Athletic Association.
NYSP feeding site means a site at which all of the children receiving Program meals are enrolled in the NYSP
and which qualifies for Program participation on the basis of documentation that the site meets the
definition of “areas in which poor economic conditions exist” as provided in this section.
OIG

means the Office of the Inspector General of the Department.

Open site means a site at which meals are made available to all children in the area and which is located in an
area in which at least 50 percent of the children are from households that would be eligible for free or
reduced price school meals under the National School Lunch Program and the School Breakfast Program,
as determined in accordance with paragraph (1), (2), or (3) of the definition of “Areas in which poor
economic conditions exist.”
Operating costs means the cost of operating a food service under the Program:
(1) Including the:
(i)

Cost of obtaining food;

(ii) Labor directly involved in the preparation and service of food;
(iii) Cost of nonfood supplies;
(iv) Rental and use allowances for equipment and space; and
(v) Cost of transporting children in rural areas to feeding sites in rural areas;
(vi) Cost of delivering non-congregate meals in rural areas; but
(2) Excluding:
(i)

The cost of the purchase of land, acquisition or construction of buildings;

(ii) Alteration of existing buildings;
(iii) Interest costs;
(iv) The value of in-kind donations; and
(v) Administrative costs.
Private nonprofit means tax exempt under section 501(a) of the Internal Revenue Code of 1986, as amended.
Private nonprofit organization means an organization (other than private nonprofit residential camps, school
food authorities, or colleges or universities participating in the NYSP) that:
(a) Exercises full control and authority over the operation of the Program at all sites under the
sponsorship of the organization;
7 CFR 225.2 “Private nonprofit organization” (a) (enhanced display)

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7 CFR 225.2 “Private nonprofit organization” (b)

(b) Provides ongoing year-round activities for children or families;
(c) Demonstrates that the organization has adequate management and the fiscal capacity to operate
the Program;
(d) Is an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under 501(a) of that Code; and
(e) Meets applicable State and local health, safety, and sanitation standards.
Program means the Summer Food Service Program for Children authorized by Section 13 of the Act.
Program funds means Federal financial assistance made available to State agencies for the purpose of making
Program payments.
Program payments means financial assistance in the form of start-up payments, advance payments, or
reimbursement paid to sponsors for operating and administrative costs.
Restricted open site means a site which is initially open to broad community participation, but at which the
sponsor restricts or limits attendance for reasons of security, safety or control. Site eligibility for a
restricted open site shall be documented in accordance with paragraph (1), (2), or (3) of the definition of
“Areas in which poor economic conditions exist.”
Rural means:
(1) Any area in a county which is not a part of a Metropolitan Statistical Area based on the Office of
Management and Budget's Delineations of Metropolitan Statistical Areas;
(2) Any area in a county classified as a non-metropolitan area based on USDA Economic Research
Service's Rural-Urban Continuum Codes and Urban Influence Codes;
(3) Any census tract classified as a non-metropolitan area based on USDA Economic Research Service's
Rural-Urban Commuting Area codes;
(4) Any area of a Metropolitan Statistical Area which is not part of a Census Bureau-defined urban area;
(5) Any area of a State which is not part of an urban area as determined by the Secretary;
(6) Any subsequent substitution or update of the aforementioned classification schemes that Federal
governing bodies create; or
(7) Any “pocket” within a Metropolitan Statistical Area which, at the option of the State agency and with
FNSRO approval, is determined to be rural in character based on other data sources.
School food authority means the governing body which is responsible for the administration of one or more
schools and which has the legal authority to operate a lunch program in those schools. In addition, for the
purpose of determining the applicability of food service management company registration and bid
procedure requirements, “school food authority” also means any college or university which participates
in the Program.
Secretary means the Secretary of Agriculture.
Self-preparation site means a site that prepares the majority of meals that will be served at its site or receives
meals that are prepared at its sponsor's central kitchen. The site does not contract with a food service
management company for unitized meals, with or without milk, or for management services.

7 CFR 225.2 “Self-preparation site” (enhanced display)

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7 CFR 225.2 “Self-preparation sponsor”

Self-preparation sponsor means a sponsor which prepares the meals that will be served at its site(s) and does
not contract with a food service management company for unitized meals, with or without milk, or for
management services.
Session means a specified period of time during which an enrolled group of children attend camp.
Site

means the place where a child receives a program meal. A site may be the indoor or outdoor location
where congregate meals are served, a stop on a delivery route of a mobile congregate meal service, or the
distribution location or route for a non-congregate meal service. However, a child's residence is not
considered a non-congregate meal site for Program monitoring purposes.

Site supervisor means the individual who has been trained by the sponsor and is responsible for all
administrative and management activities at the site, including, but not limited to: maintaining
documentation of meal deliveries, ensuring that all meals served are safe, and maintaining accurate point
of service meal counts. Except for non-congregate meal service sites using delivery services, the
individual is on site for the duration of the food service.
SNAP household means any individual or group of individuals which is currently certified to receive assistance
as a household from SNAP, the Supplemental Nutrition Assistance Program, as defined in § 245.2 of this
chapter.
Special account means an account which a State agency may require a vended sponsor to establish with the
State agency or with a Federally insured bank. Operating costs payable to the sponsor by the State agency
are deposited in the account and disbursement of monies from the account must be authorized by both
the sponsor and the food service management company.
Sponsor means a public or private nonprofit school food authority, a public or private nonprofit residential
summer camp, a unit of local, municipal, county or State government, a public or private nonprofit college
or university currently participating in the NYSP, or a private nonprofit organization which develops a
special summer or other school vacation program providing food service similar to that made available to
children during the school year under the National School Lunch and School Breakfast Programs and
which is approved to participate in the Program. Sponsors are referred to in the Act as “service
institutions”.
Start-up payments means financial assistance made available to a sponsor for administrative costs to enable it
to effectively plan a summer food service, and to establish effective management procedures for such a
service. These payments shall be deducted from subsequent administrative cost payments.
State means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands
of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Northern
Mariana Islands.
State agency means the State educational agency or an alternate agency that has been designated by the
Governor or other appropriate executive or legislative authority of the State and which has been approved
by the Department to administer the Program within the State, or, in States where FNS administers the
Program, FNSRO.
TANF means the State funded program under part A of title IV of the Social Security Act that the Secretary
determines complies with standards established by the Secretary that ensure that the standards under
the State program are comparable to or more restrictive than those in effect on June 1, 1995. This
program is commonly referred to as Temporary Assistance for Needy Families, although States may refer
to the program by another name.
7 CFR 225.2 “TANF” (enhanced display)

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7 CFR 225.2 “Termination for convenience”

Termination for convenience means:
(1) Termination of a State agency's participation in the Program in whole, or in part, when FNS and the
State agency agree that the continuation of the Program would not produce beneficial results
commensurate with the further expenditure of funds; or
(2) Termination of a permanent operating agreement by a State agency or sponsor due to
considerations unrelated to either party's performance of Program responsibilities under the
agreement.
Unaffiliated site means a site that is legally distinct from the sponsor.
Unanticipated school closure means any period from October through April (or any time of the year in an area
with a continuous school calendar) during which children who are not in school due to a natural disaster,
building repair, court order, labor-management disputes, or, when approved by the State agency, similar
cause, may be served meals at non-school sites through the Summer Food Service Program.
Unit of local, municipal, county or State government means an entity which is so recognized by the State
constitution or State laws, such as the State administrative procedures act, tax laws, or other applicable
State laws which delineate authority for government responsibility in the State.
USDA implementing regulations include the following: 2 CFR part 400, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 415, General Program
Administrative Regulations; 2 CFR part 416, General Program Administrative Regulations for Grants and
Cooperative Agreements to State and Local Governments; and 2 CFR part 418, New Restrictions on
Lobbying.
Unused reimbursement means the difference between the amount of reimbursement earned and received and
allowable costs, when reimbursement exceeds costs.
Vended site means a site that serves unitized meals, with or without milk, that are procured through a formal
agreement or contract with:
(1) Public agencies or entities, such as a school food authority;
(2) Private, nonprofit organizations; or
(3) Private, for-profit companies, such as a commercial food distributor or food service management
company.
Vended sponsor means a sponsor which purchases from a food service management company the unitized
meals, with or without milk, which it will serve at its site(s), or a sponsor which purchases management
services, subject to the limitations set forth in § 225.15, from a food service management company.
Yogurt means commercially prepared coagulated milk products obtained by the fermentation of specific
bacteria, that meet milk fat or milk solid requirements and to which flavoring foods or ingredients may be
added. These products are covered by the Food and Drug Administration's Standard of Identity for yogurt,
lowfat yogurt, and nonfat yogurt, (21 CFR 131.200), (21 CFR 131.203), (21 CFR 131.206), respectively.
[54 FR 18208, Apr. 27, 1989, as amended at 54 FR 27153, June 28, 1989; 55 FR 13466, Apr. 10, 1990; 61 FR 25553, May 22, 1996;
64 FR 72483, Dec. 28, 1999; 64 FR 72895, Dec. 29, 1999; 66 FR 2202, Jan. 11, 2001; 71 FR 39518, July 13, 2006; 72 FR 10895,
Mar. 12, 2007; 76 FR 22798, Apr. 25, 2011; 78 FR 13449, Feb. 28, 2013; 81 FR 66492, Sept. 28, 2016; 83 FR 25357, June 1, 2018;
87 FR 57355, Sept. 19, 2022; 87 FR 79213, Dec. 27, 2022; 88 FR 57849, Aug. 23, 2023; 88 FR 90347, Dec. 29, 2023]

7 CFR 225.2 “Yogurt” (enhanced display)

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7 CFR 225.3

§ 225.3 Administration.
(a) Responsibility within the Department. FNS shall act on behalf of the Department in the administration of
the Program.
(b) State administered programs. Within the State, responsibility for the administration of the Program must
be in the State agency. Each State agency must notify the Department by January 1 of the fiscal year
regarding its intention to administer the Program. Each State agency desiring to take part in the Program
must enter into a written agreement with FNS for the administration of the Program in accordance with
the provisions of this part. The agreement must cover the operation of the Program during the period
specified therein and may be extended by written consent of both parties. The agreement must contain an
assurance that the State agency will comply with the Department's nondiscrimination regulations (7 CFR
part 15) issued under title VI of the Civil Rights Act of 1964, and any Instructions issued by FNS pursuant
to 7 CFR part 15, title IX of the Education Amendments of 1972, and section 504 of the Rehabilitation Act
of 1973. However, if a State educational agency is not permitted by law to disburse funds to any of the
nonpublic schools in the State, the Secretary must disburse the funds directly to such schools within the
State for the same purposes and subject to the same conditions as the disbursements to public schools
within the State by the State educational agency.
(c) Regional office administered programs. The Secretary shall not administer the Program in the States,
except that if a FNSRO has continuously administered the Program in any State since October 1, 1980,
FNS shall continue to administer the Program in that State. In States in which FNSRO administers the
Program, it shall have all of the responsibilities of a State agency and shall earn State administrative and
Program funds as set forth in this part. A State in which FNS administers the Program may, upon request
to FNS, assume administration of the Program.
(d) Authority to waive statute and regulations.
(1) As authorized under section 12(l) of the Richard B. Russell National School Lunch Act, FNS may
waive provisions of such Act or the Child Nutrition Act of 1966, as amended, and the provisions of
this part with respect to a State agency or eligible service provider. The provisions of this part
required by other statutes may not be waived under this authority. FNS may only approve requests
for a waiver that are submitted by a State agency and comply with the requirements at section
12(l)(1) and the limitations at section 12(l)(4), including that FNS may not grant a waiver that
increases Federal costs.
(2)
(i)

A State agency may submit a request for a waiver under paragraph (d)(1) of this section in
accordance with section 12(l)(2) and the provisions of this part.

(ii) A State agency may submit a request to waive specific statutory or regulatory requirements on
behalf of eligible service providers that operate in the State. Any waiver where the State
concurs must be submitted to the appropriate FNSRO.
(3)
(i)

An eligible service provider may submit a request for a waiver under paragraph (e)(1) of this
section in accordance with section 12(l) and the provisions of this part. Any waiver request
submitted by an eligible service provider must be submitted to the State agency for review. A
State agency must act promptly on such a waiver request and must deny or concur with a
request submitted by an eligible service provider.

7 CFR 225.3(d)(3)(i) (enhanced display)

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7 CFR 225.3(d)(3)(ii)

(ii) If a State agency concurs with a request from an eligible service provider, the State agency
must promptly forward to the appropriate FNSRO the request and a rationale, consistent with
section 12(l)(2), supporting the request. By forwarding the request to the FNSRO, the State
agency affirms:
(A) The request meets all requirements for waiver submissions; and,
(B) The State agency will conduct all monitoring requirements related to regular Program
operations and the implementation of the waiver.
(iii) If the State agency denies the request, the State agency must notify the requesting eligible
service provider and state the reason for denying the request in writing within 30 calendar days
of the State agency's receipt of the request. The State agency response is final and may not be
appealed to FNS.
(e) Coordinated Services Plan.
(1) Each State agency must establish, and update annually as needed, a plan to coordinate the
statewide availability of services offered through the Summer Food Service Program described in
this part and the Summer Electronic Benefits Transfer (EBT) Program regulations (7 CFR part 292).
(2) Only one plan must be established for each State in which both the Summer Food Service Program
and the Summer EBT Program is administered. If more than one agency administers the Summer
Food Service Program and Summer EBT within a respective State, they must work together to
develop and implement the plan. States should also ensure that plans include the National School
Lunch Program's Seamless Summer Program if appropriate.
(3) The plan must include, at minimum, the following information:
(i)

A description of the roles and responsibilities of each State administering agency, and, as
applicable, any other agencies, Indian Tribal Organizations, or public or private organizations
which will be involved in administering the Programs;

(ii) A description of how the State agency and any other organizations included in the plan will
coordinate outreach and programmatic activities to maximize the reach of the Summer Food
Service Program and Summer EBT Program;
(iii) Metrics to assess Program reach and coverage; and
(iv) The State agency's plans to partner with other Federal, State, Tribal, or local programs to aid
participants in accessing all Federal, State, Tribal, or local programs for which they are eligible.
(4) States must notify the public about their plan and make it available to the public through a website,
and should, to the maximum extent practicable, solicit and consider input on plan development and
implementation from other State, Tribal, and local agencies; organizations involved in the
administration of nutrition and human services programs; participants; and other stakeholders.
(5) States must consult with FNS on the development of and any significant subsequent updates to their
plan. Initial Plans must be submitted to FNS no later than January 1, 2025. States must submit
updates annually when significant changes are made to the plan, and otherwise no less than every 3
years.
[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13466, Apr. 10, 1990; 64 FR 72483, Dec. 28, 1999; 87 FR 57356, Sept. 19, 2022;
88 FR 90348, Dec. 29, 2023]
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7 CFR Part 225 (up to date as of 4/09/2024)
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7 CFR 225.4

Subpart B—State Agency Provisions
§ 225.4 Program management and administration plan.
(a) Not later than February 15 of each year, each State agency shall submit to FNSRO a Program
management and administration plan for that fiscal year.
(b) Each plan shall be acted on or approved by March 15 or, if it is submitted late, within 30 calendar days of
receipt of the plan. If the plan initially submitted is not approved, the State agency and FNS shall work
together to ensure that changes to the plan, in the form of amendments, are submitted so that the plan
can be approved within 60 calendar days following the initial submission of the plan. Upon approval of the
plan, the State agency shall be notified of the level of State administrative funding which it is assured of
receiving under § 225.5(a)(3).
(c) Approval of the Plan by FNS shall be a prerequisite to the withdrawal of Program funds by the State from
the Letter of Credit and to the donation by the Department of any commodities for use in the State's
Program.
(d) The Plan must include, at a minimum, the following information:
(1) The State's administrative budget for the fiscal year, and the State's plan to comply with any
standards prescribed by the Secretary for the use of these funds;
(2) The State's plan for use of Program funds and funds from within the State to the maximum extent
practicable to reach needy children;
(3) The State's plans for providing technical assistance and training to eligible sponsors;
(4) The State's plans for monitoring and inspecting sponsors, feeding sites, and food service
management companies and for ensuring that such companies do not enter into contracts for more
meals than they can provide effectively and efficiently;
(5) The State's plan for timely and effective action against Program violators;
(6) The State's plan for ensuring the fiscal integrity of sponsors not subject to auditing requirements
prescribed by the Secretary;
(7) The State's plan for ensuring compliance with the food service management company procurement
monitoring requirements set forth at § 225.6(l);
(8) An estimate of the State's need, if any, for monies available to pay for the cost of conducting health
inspections and meal quality tests;
(9) The State's plan to provide a reasonable opportunity for children to access meals across all areas of
the State; and
(10) The State's plan for Program delivery in areas that could benefit the most from the provision of noncongregate meals, including the State's plan to identify areas with no congregate meal service, and
target priority areas for non-congregate meal service.
[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13466, Apr. 10, 1990; 64 FR 72483, Dec. 28, 1999; 87 FR 57356, Sept. 19, 2022;
88 FR 90349, Dec. 29, 2023]

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7 CFR 225.5

§ 225.5 Payments to State agencies and use of Program funds.
(a) State administrative funds —
(1) Administrative funding formula. For each fiscal year, FNS shall pay to each State agency for
administrative expenses incurred in the Program an amount equal to
(i)

20 percent of the first $50,000 in Program funds properly payable to the State in the preceding
fiscal year;

(ii) 10 percent of the next $100,000 in Program funds properly payable to the State in the preceding
fiscal year;
(iii) 5 percent of the next $250,000 in Program funds properly payable to the State in the preceding
fiscal year; and
(iv) 21⁄2 percent of any remaining Program funds properly payable to the State in the preceding
fiscal year,
Provided, however, That FNS may make appropriate adjustments in the level of State administrative
funds to reflect changes in Program size from the preceding fiscal year as evidenced by information
submitted in the State Program management and administration plan and any other information
available to FNS. If a State agency fails to submit timely and accurate reports under § 225.8(c) of
this part, State administrative funds payable under this paragraph shall be subject to sanction. For
such failure, FNS may recover, withhold, or cancel payment of up to one hundred percent of the
funds payable to the State agency under this paragraph during the fiscal year.
(2) Use of State administrative funds. State administrative funds paid to any State shall be used by State
agencies to employ personnel, including travel and related expenses, and to supervise and give
technical assistance to sponsors in their initiation, expansion, and conduct of any food service for
which Program funds are made available. State agencies may also use administrative funds for such
other administrative expenses as are set forth in their approved Program management and
administration plan.
(3) Funding assurance. At the time FNS approves the State's management and administration plan, the
State shall be assured of receiving State administrative funding equal to the lesser of the following
amounts: 80 percent of the amount obtained by applying the formula set forth in paragraph (a)(1) of
this section to the total amount of Program payments made within the State during the prior fiscal
year; or, 80 percent of the amount obtained by applying the formula set forth in paragraph (a)(1) to
the amount of Program funds estimated to be needed in the management and administration plan.
The State agency shall be assured that it will receive no less than this level unless FNS determines
that the State agency has failed or is failing to meet its responsibilities under this part.
(4) Limitation. In no event may the total payment for State administrative costs in any fiscal year exceed
the total amount of expenditures incurred by the State agency in administering the Program.
(5) Full use of Federal funds. States and State agencies must support the full use of Federal funds
provided to State agencies for the administration of Child Nutrition Programs, and exclude such
funds from State budget restrictions or limitations including, hiring freezes, work furloughs, and
travel restrictions.
(b) State administrative funds Letter of Credit.

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7 CFR 225.5(b)(1)

(1) At the beginning of each fiscal year, FNS shall make available to each participating State agency by
Letter of Credit an initial allocation of State administrative funds for use in that fiscal year. This
allocation shall not exceed one-third of the administrative funds provided to the State in the
preceding fiscal year. For State agencies which did not receive any Program funds during the
preceding fiscal year, the amount to be made available shall be determined by FNS.
(2) Additional State administrative funds shall be made available upon the receipt and approval by FNS
of the State's Program management and administration plan. The amount of such funds, plus the
initial allocation, shall not exceed 80 percent of the State administrative funds determined by the
formula set forth in paragraph (a)(1) of this section and based on the estimates set forth in the
approved Program management and administration plan.
(3) Any remaining State administrative funds shall be paid to each State agency as soon as practicable
after the conduct of the funding assessment described in paragraph (c) of this section. However,
regardless of whether such assessment is made, the remaining administrative funds shall be paid no
later than September 1. The remaining administrative payment shall be in an amount equal to that
determined to be needed during the funding evaluation or, if such evaluation is not conducted, the
amount owed the State in accordance with paragraph (a)(1) of this section, less the amounts paid
under paragraphs (b) (1) and (2) of this section.
(c) Administrative funding evaluation. FNSRO shall conduct data on the need for Program and State
administrative funding within any State agency if the funding needs estimated in a State's management
and administration plan are no longer accurate. Based on this data, FNS may make adjustments in the
level of State administrative funding paid or payable to the State agency under paragraph (b) of this
section to reflect changes in the size of the State's Program as compared to that estimated in its
management and administration plan. The data shall be based on approved Program participation levels
and shall be collected during the period of Program operations. As soon as possible following this data
collection, payment of any additional administrative funds owed shall be made to the State agency. The
payment may reflect adjustments made to the level of State administrative funding based on the
information collected during the funding assessment. However, FNS shall not decrease the amount of a
State's administrative funds as a result of this assessment unless the State failed to make reasonable
efforts to administer the Program as proposed in its management and administration plan or the State
incurred unnecessary expenses.
(d) Letter of Credit for Program payments.
(1) Not later than April 15 of each fiscal year, FNS shall make available to each participating State in a
Letter of Credit an amount equal to 65 percent of the preceding fiscal year's Program payments for
operating costs plus 65 percent of the preceding fiscal year's Program payments for administrative
costs in the State. This amount may be adjusted to reflect changes in reimbursement rates made
pursuant to § 225.9(d)(8). However, the State shall not withdraw funds from this Letter of Credit until
its Program management and administration plan is approved by FNS.
(2) Based on the State agency's approved management and administration plan, FNS shall, if necessary,
adjust the State's Letter of Credit to ensure that 65 percent of estimated current year Program
operating and administrative funding needs is available. Such adjustment shall be made no later
than May 15, or within 90 days of FNS receipt of the State agency's management and administration
plan, whichever date is later.

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7 CFR 225.5(d)(3)

(3) Subsequent to the adjustment provided for in paragraph (d)(2) of this section, FNS will, if necessary,
make one additional adjustment to ensure that the State agency's Letter of Credit contains at least
65 percent of the Program operating and administrative funds needed during the current fiscal year.
Such adjustment may be based on the administrative funding assessment provided for in paragraph
(c) of this section, if one is conducted, or on any additional information which demonstrates that the
funds available in the Letter of Credit do not equal at least 65 percent of current year Program needs.
In no case will such adjustments be made later than September 1. Funds made available in the
Letter of Credit shall be used by the State agency to make Program payments to sponsors.
(4) The Letter of Credit shall include sufficient funds to enable the State agency to make advance
payments to sponsors serving areas in which schools operate under a continuous school calendar.
These funds shall be made available no later than the first day of the month prior to the month
during which the food service will be conducted.
(5) FNS shall make available any remaining Program funds due within 45 days of the receipt of valid
claims for reimbursement from sponsors by the State agency. However, no payment shall be made
for claims submitted later than 60 days after the month covered by the claim unless an exception is
granted by FNS.
(6) Each State agency shall release to FNS any Program funds which it determines are unobligated as of
September 30 of each fiscal year. Release of funds by the State agency shall be made as soon as
practicable, but in no event later than 30 calendar days following demand by FNS, and shall be
accomplished by an adjustment in the State agency's Letter of Credit.
(e) Adjustment to Letter of Credit. Prior to May 15 of each fiscal year, FNS shall make any adjustments
necessary in each State's Letter of Credit to reflect actual expenditures in the preceding fiscal year's
Program.
(f) Health inspection funds. If the State agency's approved management and administration plan estimates a
need for health inspection funding, FNS shall make available by letter of credit an amount up to one
percent of Program funds estimated to be needed in the management and administration plan. Such
amount may be adjusted, based on the administrative funding assessment provided for in paragraph (c)
of this section, if such assessment is conducted. Health inspection funds shall be used solely to enable
State or local health departments or other governmental agencies charged with health inspection
functions to carry out health inspections and meal quality tests, provided that if these agencies cannot
perform such inspections or tests, the State agency may use the funds to contract with an independent
agency to conduct the inspection or meal quality tests. Funds so provided but not expended or obligated
shall be returned to the Department by September 30 of the same fiscal year.
[54 FR 18208, Apr. 27, 1989, as amended at 76 FR 37982, June 29, 2011]

§ 225.6 State agency responsibilities.
(a) General responsibilities.
(1) The State agency shall provide sufficient qualified consultative, technical, and managerial personnel
to administer the Program, monitor performance, and measure progress in achieving Program goals.
The State agency shall assign Program responsibilities to personnel to ensure that all applicable
requirements under this part are met.

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7 CFR 225.6(a)(2)

(2) By February 1 of each fiscal year, each State agency must announce the purpose, eligibility criteria,
and availability of the Program throughout the State, through appropriate means of communication.
As part of this effort, each State agency must:
(i)

Identify areas in which poor economic conditions exist to qualify for the Program and actively
seek eligible applicant sponsors to serve:
(A) Rural areas;
(B) Indian Tribal territories; and
(C) Areas with a concentration of migrant farm workers.

(ii) The State agency must identify rural areas with no congregate meal service and encourage
participating sponsors to provide non-congregate meals to eligible children in those areas.
(iii) The State agency must target outreach efforts to priority outreach areas.
(iv) For approval of closed enrolled sites, the State agency must establish criteria to ensure that
operation of a closed enrolled site does not limit Program access for eligible children in the
area where the site is located.
(3) Each State agency shall require applicant sponsors submitting Program application site information
sheets, Program agreements, or a request for advance payments, and sponsors submitting claims
for reimbursement to certify that the information submitted on these forms is true and correct and
that the sponsor is aware that deliberate misrepresentation or withholding of information may result
in prosecution under applicable State and Federal statutes.
(4) In addition to the warnings specified in paragraph (a)(3) of this section, State agencies may include
the following information on applications and pre-application materials distributed to prospective
sponsors:
(i)

The criminal penalties and provisions established in section 12(g) of the National School Lunch
Act (42 U.S.C. 1760(g)) that states substantially: Whoever embezzles, willfully misapplies,
steals, or obtains by fraud any funds, assets, or property that are the subject of a grant or other
form of assistance under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
whether received directly or indirectly from the United States Department of Agriculture, or
whoever receives, conceals, or retains such funds, assets, or property to personal use or gain,
knowing such funds, assets, or property have been embezzled, willfully misapplied, stolen, or
obtained by fraud shall, if such funds, assets, or property are of the value of $100 or more, be
fined not more than $25,000 or imprisoned not more than five years, or both, or, if such funds,
assets, or property are of a value of less than $100, shall be fined not more than $1,000 or
imprisoned for not more than one year, or both.

(ii) The procedures for termination from Program participation of any site or sponsor which is
determined to be seriously deficient in its administration of the Program. In addition, the
application may also state that appeals of sponsor or site terminations will follow procedures
mandated by the State agency and will also meet the minimum requirements of 7 CFR 225.13.
(b) Approval of sponsor applications.
(1) Each State agency must inform all of the previous year's sponsors which meet current eligibility
requirements and all other potential sponsors of the deadline date for submitting a written
application for participation in the Program. The State agency must require that all applicant
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7 CFR 225.6(b)(2)

sponsors submit written applications for Program participation to the State agency by June 15.
However, the State agency may establish an earlier deadline for the Program application submission.
Sponsors applying for participation in the Program due to an unanticipated school closure shall be
exempt from the application submission deadline.
(2) Each State agency shall inform potential sponsors of the procedure for applying for advance
operating and administrative costs payments as provided for in § 225.9(c). Where applicable, each
State agency shall inform sponsors of the procedure for applying for start-up payments provided for
in § 225.9(a).
(3) Within 30 days of receiving a complete and correct application, the State agency shall notify the
applicant of its approval or disapproval. If an incomplete application is received, the State agency
shall so notify the applicant within 15 days and shall provide technical assistance for the purpose of
completing the application. Any disapproved applicant shall be notified of its right to appeal under §
225.13.
(4) The State agency shall determine the eligibility of sponsors applying for participation in the Program
in accordance with the applicant sponsor eligibility criteria outlined in § 225.14. However, State
agencies may approve the application of an otherwise eligible applicant sponsor which does not
provide a year-round service to the community which it proposes to serve under the Program only if
it meets one or more of the following criteria: It is a residential camp; it proposes to provide a food
service for the children of migrant workers; a failure to do so would deny the Program to an area in
which poor economic conditions exist; a significant number of needy children will not otherwise have
reasonable access to the Program; or it proposes to serve an area affected by an unanticipated
school closure. In addition, the State agency may approve a sponsor for participation during an
unanticipated school closure without a prior application if the sponsor participated in the program at
any time during the current year or in either of the prior two calendar years.
(5) The State agency must use the following priority system in approving applicants to operate sites that
propose to serve the same area or the same enrolled children:
(i)

Public or nonprofit private school food authorities;

(ii) Public agencies and private nonprofit organizations that have demonstrated successful
program performance in a prior year;
(iii) New public agencies; and
(iv) New private nonprofit organizations.
(v) If two or more sponsors that qualify under paragraph (b)(5)(ii) of this section apply to serve the
same area, the State agency must determine on a case-by-case basis which sponsor or
sponsors it will select to serve the needy children in the area. The State agency should consider
the resources and capabilities of each applicant.
(6) The State agency must not approve any sponsor to operate more than 200 sites or to serve more
than an average of 50,000 children per day. However, the State agency may approve exceptions if:
(i)

The applicant demonstrates that it has the capability of managing a program larger than the
limits in this paragraph (b)(6); and

(ii) The State agency has the capacity to conduct reviews of at least 10 percent of the sponsor's
sites, as described in § 225.7(e)(4)(v).
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7 CFR 225.6(b)(7)

(7) The State agency shall review each applicant's administrative budget as a part of the application
approval process in order to assess the applicant's ability to operate in compliance with these
regulations within its projected reimbursement. In approving the applicant's administrative budget,
the State agency shall take into consideration the number of sites and children to be served, as well
as any other relevant factors. A sponsor's administrative budget shall be subject to review for
adjustments by the State agency if the sponsor's level of site participation or the number of meals
served to children changes significantly. State agencies may exempt school food authorities
applying to operate the SFSP from submitting a separate budget to the State agency, if the school
food authority submits an annual budget for the National School Lunch Program and the submitted
budget includes the operation of SFSP.
(8) Applicants which qualify as camps and sponsors of conditional non-congregate sites must be
approved for reimbursement only for meals served free to enrolled children who meet the Program's
income standards.
(9) The State agency shall not approve the application of any applicant sponsor identifiable through its
organization or principals as a sponsor which has been determined to be seriously deficient as
described in § 225.11(c). However, the State agency may approve the application of a sponsor which
has been disapproved or terminated in prior years in accordance with this paragraph if the applicant
demonstrates to the satisfaction of the State agency that it has taken appropriate corrective actions
to prevent recurrence of the deficiencies.
(10) If the sponsor's application to participate is denied, the official making the determination of denial
must notify the applicant sponsor in writing stating all of the grounds on which the State agency
based the denial. Pending the outcome of a review of a denial, the State agency shall proceed to
approve other applicants in accordance with its responsibilities under paragraph (b)(5) of this
section, without regard to the application under review.
(11) The State agency shall not approve the application of any applicant sponsor which submits
fraudulent information or documentation when applying for Program participation or which
knowingly withholds information that may lead to the disapproval of its application. Complete
information regarding such disapproval of an applicant shall be submitted by the State agency
through FNSRO to OIG.
(12) The State agency must not deny a sponsor's application based solely on the sponsor's intent to
provide a non-congregate meal service.
(c) Content of sponsor application —
(1) Application form.
(i)

The sponsor must submit a written application to the State agency for participation in the
Program. The State agency may use the application form developed by FNS, or develop its own
application form, provided that the form requests the full legal name, any previously used
names, mailing address; date of birth of the sponsor's responsible principals, which include the
executive director and board chair; and the sponsor's Federal Employer Identification Number
(FEIN) or Unique Entity Identifier (UEI). Application to sponsor the Program must be made on a
timely basis within the deadlines established under paragraph (b)(1) of this section.

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7 CFR 225.6(c)(1)(ii)

(ii) At the discretion of the State agency, sponsors proposing to serve an area affected by an
unanticipated school closure may be exempt from submitting a new application if they have
participated in the Program at any time during the current year or in either of the prior two
calendar years.
(iii) Requirements for new sponsors and sponsors that have experienced significant operational
problems in the prior year, as determined by the State agency, are found under paragraph (c)(2)
of this section.
(iv) Requirements for experienced sponsors are found under paragraph (c)(3) of this section.
(2) Application requirements for new sponsors and sponsors that have experienced significant
operational problems in the prior year. New sponsors and sponsors that have experienced significant
operational problems in the prior year, as determined by the State agency, must include the following
information in their applications:
(i)

A full management plan, as described in paragraph (e) of this section;

(ii) A free meal policy statement, as described in paragraph (f) of this section;
(iii) A site information sheet for each site where a food service operation is proposed, as described
in paragraph (g)(1) of this section;
(iv) Information in sufficient detail to enable the State agency to determine that the sponsor meets
the criteria for participation in the Program, as described in § 225.14;
(v) Information on the extent of Program payments needed, including a request for advance
payments and start-up payments, if applicable;
(vi) A staffing and monitoring plan;
(vii) A complete administrative budget for State agency review and approval, which includes:
(A) The projected administrative expenses that the sponsor expects to incur during the
operation of the Program, and
(B) Information in sufficient detail to enable the State agency to assess the sponsor's ability to
operate the Program within its estimated reimbursement;
(viii) A summary of how meals will be obtained at each site (e.g., self-prepared at each site, selfprepared and distributed from a central kitchen, purchased from a school food authority,
competitively procured from a food service management company);
(ix) If an invitation for bid is required under § 225.15(m), a schedule for bid dates and a copy of the
invitation for bid;
(x) For each sponsor which seeks approval as a unit of local, municipal, county or State
government under § 225.14(b)(3) or as a private nonprofit organization under § 225.14(b)(5),
certification that the sponsor has administrative oversight, as required under § 225.14(d)(3);
and
(xi) Procedures that document meals are only distributed, to a reasonable extent, to eligible children
and that duplicate meals are not distributed to any child, if the applicant sponsor is electing to
use the non-congregate meal service options described in § 225.16(i)(1) and (2).

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7 CFR 225.6(c)(3)

(3) Application requirements for experienced sponsors. The following information must be included in
the applications of experienced sponsors:
(i)

A simplified or full management plan, as described in paragraph (e) of this section;

(ii) A site information sheet for each site where a food service operation is proposed, as described
under paragraph (g)(2) of this section;
(iii) Information on the extent of Program payments needed, including a request for advance
payments and start-up payments, if it is applicable;
(iv) A staffing and monitoring plan;
(v) A complete administrative budget for State agency review and approval, which includes:
(A) The projected administrative expenses which a sponsor expects to incur during the
operation of the Program; and
(B) Information in sufficient detail to enable the State agency to assess the sponsor's ability to
operate the Program within its estimated reimbursement.
(vi) If the method of obtaining meals is changed, a summary of how meals will be obtained at each
site (e.g., self-prepared at each site, self-prepared and distributed from a central kitchen,
purchased from a school food authority, competitively procured from a food service
management company);
(vii) If an invitation for bid is required under § 225.15(m), a schedule for bid dates, and a copy of the
invitation for bid, if it is changed from the previous year; and
(viii) Procedures that document meals are only distributed, to a reasonable extent, to eligible children
and that duplicate meals are not distributed to any child, if the applicant sponsor is electing to
use the non-congregate meal service options described in § 225.16(i)(1) and (2).
(4) Applications for school food authorities and Child and Adult Care Food Program institutions. At the
discretion of the State agency, school food authorities in good standing in the National School Lunch
Program or School Breakfast Program, as applicable, and institutions in good standing in the Child
and Adult Care Food Program may apply to operate the Summer Food Service Program at the same
sites where they provide meals through the aforementioned Programs by following the procedures
for experienced sponsors outlined in paragraph (c)(3) of this section.
(d) Performance standards. The State agency may only approve the applications of those sponsors that meet
the three performance standards outlined in this section: financial viability, administrative capability, and
Program accountability. The State agency must deny applications that do not meet all of these standards.
The State agency must consider past performance in the SFSP or another Child Nutrition Program, and
any other factors it deems relevant when determining whether the sponsor's application meets the
following standards:
(1) Performance standard 1. The sponsor must be financially viable. The sponsor must expend and
account for Program funds, consistent with this part; FNS Instruction 796-4, Financial Management
in the Summer Food Service Program; 2 CFR part 200, subpart D; and USDA regulations 2 CFR parts
400 and 415. To demonstrate financial viability and financial management, the sponsor's
management plan must:
(i)

Describe the community's need for summer meals and the sponsor's recruitment strategy:

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7 CFR 225.6(d)(1)(i)(A)

(A) Explain how the sponsor's participation will help ensure the delivery of Program benefits to
otherwise unserved sites or children; and
(B) Describe how the sponsor will recruit sites, consistent with any State agency
requirements.
(ii) Describe the sponsor's financial resources and financial history:
(A) Show that the sponsor has adequate sources of funds available to operate the Program,
pay employees and suppliers during periods of temporary interruptions in Program
payments, and pay debts if fiscal claims are assessed against the sponsor; and
(B) Provide audit documents, financial statements, and other documentation that demonstrate
financial viability.
(iii) Ensure that all costs in the sponsor's budget are necessary, reasonable, allowable, and
appropriately documented.
(2) Performance standard 2. The sponsor must be administratively capable. Appropriate and effective
management practices must be in effect to ensure that Program operations meet the requirements
of this part. To demonstrate administrative capability, the sponsor must:
(i)

Have an adequate number and type of qualified staff to ensure the operation of the Program,
consistent with this part; and

(ii) Have written policies and procedures that assign Program responsibilities and duties and
ensure compliance with civil rights requirements.
(3) Performance standard 3. The sponsor must have internal controls and other management systems in
place to ensure fiscal accountability and operation of the Program, consistent with this part. To
demonstrate Program accountability, the sponsor must:
(i)

Demonstrate that the sponsor has a financial system with management controls specified in
written operational policies that will ensure that:
(A) All funds and property received are handled with fiscal integrity and accountability;
(B) All expenses are incurred with integrity and accountability;
(C) Claims will be processed accurately, and in a timely manner;
(D) Funds and property are properly safeguarded and used, and expenses incurred, for
authorized Program purposes; and
(E) A system of safeguards and controls is in place to prevent and detect improper financial
activities by employees.

(ii) Maintain appropriate records to document compliance with Program requirements, including
budgets, approved budget amendments, accounting records, management plans, and site
operations.
(e) Management plan —
(1) Compliance. The State agency must require the submission of a management plan to determine
compliance with performance standards established under paragraph (d) of this section.

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(i)

7 CFR 225.6(e)(1)(i)

Requirements for new sponsors and sponsors that have experienced significant operational
problems in the prior year, as determined by the State agency, are found under paragraph (e)(2)
of this section.

(ii) Requirements for experienced sponsors are found under paragraph (e)(3) of this section.
(iii) Requirements for school food authorities in good standing in the National School Lunch
Program or School Breakfast Program, as applicable, or institutions in good standing in the
Child and Adult Care Food Program are found under paragraph (e)(4) of this section.
(2) Requirements for new sponsors and sponsors that have experienced significant operational problems
in the prior year. Sponsors must submit a complete management plan that includes:
(i)

Detailed information on the sponsor's management and administrative structure, including
information that demonstrates the sponsor's financial viability and financial management
described under paragraph (d)(1) of this section;

(ii) Information that demonstrates compliance with each of the performance standards outlined
under paragraph (d) of this section;
(iii) A list or description of the staff assigned to perform Program monitoring required under §
225.15(d)(2) and (3); and
(iv) For each sponsor which submits an application under paragraph (c)(1) of this section,
information in sufficient detail to demonstrate that the sponsor will:
(A) Provide adequate and not less than annual training of sponsor's staff and sponsored sites,
as required under § 225.15(d)(1);
(B) Perform monitoring consistent with § 225.15(d)(2) and (3), to ensure that all site
operations are accountable and appropriate;
(C) Accurately classify sites consistent with paragraphs (g)(1) and (2) of this section;
(D) Demonstrate the sponsor's compliance with meal service, recordkeeping, and other
operational requirements of this part;
(E) Provide meals that meet the meal patterns set forth in § 225.16;
(F) Have a food service that complies with applicable State and local health and sanitation
requirements;
(G) Comply with civil rights requirements;
(H) Maintain complete and appropriate records on file; and
(I)

Claim reimbursement only for eligible meals.

(3) Requirements for experienced sponsors. Experienced sponsors must submit a management plan. At
the discretion of the State agency, experienced sponsors may submit a full management plan or a
simplified management plan. A full management plan must be submitted at least once every 3 years.
The simplified management plan must include a certification that any information previously
submitted to the State to satisfy the eligibility requirements, set forth in paragraph (d) of this section,
for the sponsor, its sites, and all of its current principals is current, or that the sponsor has submitted
any changes or updates to the State. This certification must address all required elements of each
performance standard.
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7 CFR 225.6(e)(4)

(4) Requirements for school food authorities in good standing in the National School Lunch Program or
School Breakfast Program, as applicable, or institutions in good standing in the Child and Adult Care
Food Program. These sponsors are not required to submit a management plan unless requested by
the State agency. The State agency may request additional evidence of financial and administrative
capability sufficient to ensure that the school food authority or institution has the ability and
resources to operate the Program if the State agency has reason to believe that this would pose
significant challenges for the applicant.
(f) Free meal policy statement —
(1) Nondiscrimination statement.
(i)

Each sponsor must submit a nondiscrimination statement of its policy for serving meals to
children. The statement must consist of:
(A) An assurance that all children are served the same meals and that there is no
discrimination in the course of the food service; and
(B) Except for camps and conditional non-congregate sites, a statement that the meals served
are free at all sites.

(ii) A school sponsor must submit the policy statement only once, with the initial application to
participate as a sponsor. However, if there is a substantive change in the school's free and
reduced price policy, a revised policy statement must be provided at the State agency's request.
(iii) In addition to the information described in paragraph (i) of this section, the policy statement of
all camps and conditional non-congregate sites that charge separately for meals must also
include:
(A) A statement that the eligibility standards conform to the Secretary's family size and
income standards for reduced price school meals;
(B) A description of the method to be used in accepting applications from families for
Program meals that ensures that households are permitted to apply on behalf of children
who are members of households receiving SNAP, FDPIR, or TANF benefits using the
categorical eligibility procedures described in § 225.15(f);
(C) A description of the method to be used for collecting payments from children who pay the
full price of the meal while preventing the overt identification of children receiving a free
meal;
(D) An assurance that the sponsor will establish hearing procedures for families requesting to
appeal a denial of an application for free meals. These procedures must meet the
requirements set forth in paragraph (f)(2) of this section;
(E) An assurance that, if a family requests a hearing, the child will continue to receive free
meals until a decision is rendered; and
(F) An assurance that there will be no overt identification of free meal recipients and no
discrimination against any child on the basis of race, color, national origin, sex (including
gender identity and sexual orientation), age, or disability.

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7 CFR 225.6(f)(2)

(2) Hearing procedures statement. Each camp or sponsor of a conditional non-congregate site must
submit a copy of its hearing procedures with its application. At a minimum, the procedures must
provide that:
(i)

A simple, publicly announced method will be used for a family to make an oral or written
request for a hearing;

(ii) The family will have the opportunity to be assisted or represented by an attorney or other
person (designated representative);
(iii) The family or designated representative will have an opportunity to examine the documents and
records supporting the decision being appealed, both before and during the hearing;
(iv) The hearing will be reasonably prompt and convenient for the family or designated
representative;
(v) Adequate notice will be given to the family or designated representative of the time and place of
the hearing;
(vi) The family or designated representative will have an opportunity to present oral or documented
evidence and arguments supporting its position;
(vii) The family or designated representative will have an opportunity to question or refute any
testimony or other evidence and to confront and cross-examine any adverse witnesses;
(viii) The hearing will be conducted and the decision made by a hearing official who did not
participate in the action being appealed;
(ix) The decision will be based on the oral and documentary evidence presented at the hearing and
made a part of the record;
(x) The family or designated representative will be notified in writing of the decision;
(xi) A written record will be prepared for each hearing, which includes the action being appealed,
any documentary evidence and a summary of oral testimony presented at the hearing, the
decision and the reasons for the decision, and a copy of the notice sent to the family or
designated representative; and
(xii) The written record will be maintained for a period of three years following the conclusion of the
hearing and will be available for examination by the family or designated representative at any
reasonable time and place.
(g) Site information sheet. The State agency must develop a site information sheet for sponsors.
(1) New sites. The application submitted by sponsors must include a site information sheet for each site
where a food service operation is proposed. Where a non-congregate meal service operation is
proposed for the first time, the sponsor must follow the requirements of this paragraph (g)(1). At a
minimum, the site information sheet must demonstrate or describe the following:
(i)

An organized and supervised system for serving meals to children;

(ii) The estimated number of meals to be served, types of meals to be served, and meal service
times;

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7 CFR 225.6(g)(1)(iii)

(iii) Whether the site is rural, as defined in § 225.2, or non-rural. Documentation supporting the rural
designation is required. New documentation is required every 5 years, or earlier, if the State
agency determines that an area's rural status has changed significantly since the last
designation;
(iv) Whether the meal service is congregate or non-congregate;
(v) Whether the site is a self-preparation site or a vended site, as defined in § 225.2;
(vi) Arrangements for delivery and holding of meals until meal service times and storing and
refrigerating any leftover meals until the next day, within standards prescribed by State or local
health authorities;
(vii) Access to a means of communication to make necessary adjustments in the number of meals
delivered, based on changes in the number of children in attendance at each site;
(viii) Arrangements for food service during periods of inclement weather;
(ix) For open sites and restricted open sites:
(A) Documentation supporting the eligibility of each site as serving an area in which poor
economic conditions exist;
(B) When school data are used, new documentation is required every 5 years;
(C) When census data are used, new documentation is required every 5 years, or earlier, if the
State agency determines that an area's socioeconomic status has changed significantly
since the last census; and
(D) At the discretion of the State agency, sponsors proposing to serve an area affected by an
unanticipated school closure may be exempt from submitting new site documentation if
the sponsor has participated in the Program at any time during the current year or in either
of the prior 2 calendar years;
(x) For closed enrolled sites:
(A) The projected number of children enrolled and the projected number of children eligible for
free and reduced price school meals for each of these sites; or documentation supporting
the eligibility of each site as serving an area in which poor economic conditions exist;
(B) When school data are used, new documentation is required every 5 years; and
(C) When census data are used, new documentation is required every 5 years, or earlier, if the
State agency determines that an area's socioeconomic status has changed significantly
since the last census;
(xi) For NYSP sites, certification from the sponsor that all of the children who will receive Program
meals are enrolled participants in the NYSP;
(xii) For camps, the number of children enrolled in each session who meet the Program's income
standards. If such information is not available at the time of application, this information must
be submitted as soon as possible thereafter, and in no case later than the filing of the camp's
claim for reimbursement for each session;
(xiii) For sites that will serve children of migrant workers:
7 CFR 225.6(g)(1)(xiii) (enhanced display)

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7 CFR 225.6(g)(1)(xiii)(A)

(A) Certification from a migrant organization, which attests that the site serves children of
migrant workers; and
(B) Certification from the sponsor that the site primarily serves children of migrant workers, if
non-migrant children are also served; and
(xiv) For conditional non-congregate sites, the number of children enrolled who meet the Program's
income standards. If such information is not available at the time of application, this
information must be submitted as soon as possible thereafter, and in no case later than the
filing of the sponsor's claim for reimbursement.
(2) Experienced sites. The application submitted by sponsors must include a site information sheet for
each site where a food service operation is proposed. The State agency may require sponsors of
experienced sites to provide information described in paragraph (g)(1) of this section. At a minimum,
the site information sheet must demonstrate or describe the following:
(i)

The estimated number of meals, types of meals to be served, and meal service times;

(ii) Whether the site is rural, as defined in § 225.2, or non-rural. Documentation supporting the rural
designation is required. New documentation is required every 5 years, or earlier, if the State
agency determines that an area's rural status has changed significantly since the last
designation;
(iii) Whether the meal service is congregate or non-congregate;
(iv) For open sites and restricted open sites:
(A) Documentation supporting the eligibility of each site as serving an area in which poor
economic conditions exist;
(B) When school data are used, new documentation is required every 5 years;
(C) When census data are used, new documentation is required every 5 years, or earlier, if the
State agency determines that an area's socioeconomic status has changed significantly
since the last census; and
(D) Any site that a sponsor proposes to serve during an unanticipated school closure, which
has participated in the Program at any time during the current year or in either of the prior
2 calendar years, is considered eligible without new documentation;
(v) For closed enrolled sites:
(A) The projected number of children enrolled and the projected number of children eligible for
free and reduced price school meals for each of these sites; or documentation supporting
the eligibility of each site as serving an area in which poor economic conditions exist;
(B) When school data are used, new documentation is required every 5 years; and
(C) When census data are used, new documentation is required every 5 years, or earlier, if the
State agency determines that an area's socioeconomic status has changed significantly
since the last census;
(vi) For NYSP sites, certification from the sponsor that all of the children who will receive Program
meals are enrolled participants in the NYSP;

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7 CFR 225.6(g)(2)(vii)

(vii) For camps, the number of children enrolled in each session who meet the Program's income
standards. If such information is not available at the time of application, this information must
be submitted as soon as possible thereafter, and in no case later than the filing of the camp's
claim for reimbursement for each session; and
(viii) For conditional non-congregate sites, the number of children enrolled who meet the Program's
income standards. If such information is not available at the time of application, this
information must be submitted as soon as possible thereafter, and in no case later than the
filing of the sponsor's claim for reimbursement.
(h) Approval of sites.
(1) When evaluating a proposed food service site, the State agency must ensure that:
(i)

If not a camp or a conditional non-congregate site, the proposed site serves an area in which
poor economic conditions exist, as defined by § 225.2;

(ii) The area which the site proposes to serve is not or will not be served in whole or in part by
another site, unless it can be demonstrated to the satisfaction of the State agency that each
site will serve children not served by any other site in the same area for the same meal;
(iii) The site is approved to serve no more than the number of children for which its facilities are
adequate; and
(iv) If it is a site proposed to operate during an unanticipated school closure, it is a non-school site.
(2) When approving the application of a site which will serve meals prepared by a food service
management company, the State agency must establish for each meal service an approved level for
the maximum number of children's meals which may be served under the Program. These approved
levels must be established in accordance with the following provisions:
(i)

The initial maximum approved level must be based upon the historical record of the number of
meals served at the site if such a record has been established in prior years and the State
agency determines that it is accurate. The State agency must develop a procedure for
establishing initial maximum approved levels for sites when no accurate record from prior
years is available. The State agency may consider participation at other similar sites located in
the area, documentation of programming taking place at the site, statistics on the number of
children residing in the area, and other relevant information.

(ii) The maximum approved level must be adjusted, if warranted, based upon information collected
during site reviews. If the number of meals served at the site on the day of the review is
significantly below the site's approved level, the State agency should consider making a
downward adjustment in the approved level with the objective of providing only one meal per
child.
(iii) The sponsor may seek an upward adjustment in the approved level for its sites by requesting a
site review or by providing the State agency with evidence that the number of meals served
exceeds the sites' approved levels. The sponsor may request an upward adjustment at any
point prior to submitting the claim for the impacted reimbursement period.
(iv) Whenever the State agency establishes or adjusts approved levels of meal service for a site, it
must document the action in its files, and it shall provide the sponsor with immediate written
confirmation of the approved level.
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7 CFR 225.6(h)(2)(v)

(v) Upon approval of its application or any adjustment to its maximum approved levels, the sponsor
must inform the food service management company with which it contracts of the approved
level for each meal service at each site served by the food service management company. This
notification of any adjustments in approved levels must take place within the time frames set
forth in the contract for adjusting meal orders. Whenever the sponsor notifies the food service
management company of the approved levels or any adjustments to these levels for any of its
sites, the sponsor must clearly inform the food service management company that an approved
level of meal service represents the maximum number of meals which may be served at a site
and is not a standing order for a specific number of meals at that site. When the number of
children being served meals is below the site's approved level, the sponsor must adjust meal
orders with the objective of serving only one meal per child as required under § 225.15(b)(3).
(3) When approving the application of a site that will provide a non-congregate meal service, the State
agency must ensure that the proposed site:
(i)

Meets the requirements described in paragraphs (h)(1) and (2) of this section.

(ii) Is rural, as defined in § 225.2.
(iii) Will not serve an area where children would receive the same meal at an approved congregate
meal site, unless it can be demonstrated to the satisfaction of the State agency that the site will
serve a different group of children who may not be otherwise served.
(iv) Serves an area in which poor economic conditions exist or is approved for reimbursement only
for meals served free to enrolled children who meet the Program's income standards.
(v) Distributes up to the allowable number of reimbursable meals that would be provided over a
10-calendar day period. The State agency may establish a shorter calendar day period on a
case-by-case basis and without regard to sponsor type.
(4) When approving the application of a site which will provide both congregate and non-congregate
meal services, the State agency must ensure that:
(i)

The proposed site meets the requirements in paragraphs (h)(1) through (3) of this section.

(ii) The proposed site will only conduct a non-congregate meal service when the site is not
providing a congregate meal service.
(iii) The sponsor proposes an organized and supervised system which prevents overlap between
meal services and reasonably ensures children are not receiving more than the daily maximum
allowance of meals as required in § 225.16(b)(3).
(i)

State-sponsor agreement. A sponsor approved for participation in the Program must enter into a
permanent written agreement with the State agency. The existence of a valid permanent agreement does
not limit the State agency's ability to terminate the agreement, as provided under § 225.11(c). The State
agency must terminate the sponsor's agreement whenever a sponsor's participation in the Program ends.
The State agency or sponsor may terminate the agreement at its convenience, upon mutual agreement,
due to considerations unrelated to either party's performance of Program responsibilities under the
agreement. However, any action initiated by the State agency to terminate an agreement for its
convenience requires prior consultation with FNS. All sponsors must agree in writing to:
(1) Operate a nonprofit food service during the period specified, as follows:
(i)

From May through September for children on school vacation;

7 CFR 225.6(i)(1)(i) (enhanced display)

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7 CFR 225.6(i)(1)(ii)

(ii) At any time of the year, in the case of sponsors administering the Program under a continuous
school calendar system; or
(iii) During the period from October through April, if it serves an area affected by an unanticipated
school closure due to a natural disaster, major building repairs, court orders relating to school
safety or other issues, labor-management disputes, or, when approved by the State agency, a
similar cause.
(2) For school food authorities, offer meals which meet the requirements and provisions set forth in §
225.16 during times designated as meal service periods by the sponsor and offer the same meals to
all children.
(3) For all other sponsors, serve meals which meet the requirements and provisions set forth in § 225.16
during times designated as meal service periods by the sponsor and serve the same meals to all
children.
(4) Serve meals without cost to all children, except that camps and conditional non-congregate sites
may charge for meals served to children who are not served meals under the Program.
(5) Issue a free meal policy statement in accordance with paragraph (c) of this section.
(6) Meet the training requirement for its administrative and site personnel, as required under §
225.15(d)(1).
(7) Claim reimbursement only for the types of meals specified in the agreement that are served:
(i)

Without charge to children at approved sites, except camps and conditional non-congregate
sites, during the approved meal service time;

(ii) Without charge to children who meet the Program's income standards in camps and conditional
non-congregate sites;
(iii) Within the approved level for the maximum number of children's meals that may be served, if a
maximum approved level is required under paragraph (h)(2) of this section;
(iv) At the approved meal service time, unless a change is approved by the State agency, as required
under § 225.16(c); and
(v) At the approved site, unless the requirements in § 225.16(g) are met.
(8) Submit claims for reimbursement in accordance with procedures established by the State agency,
and those stated in § 225.9.
(9) In the storage, preparation and service of food, maintain proper sanitation and health standards in
conformance with all applicable State and local laws and regulations.
(10) Accept and use, in quantities that may be efficiently utilized in the Program, such foods as may be
offered as a donation by the Department.
(11) Have access to facilities necessary for storing, preparing, and serving food.
(12) Maintain a financial management system as prescribed by the State agency.
(13) Maintain on file documentation of site visits and reviews in accordance with § 225.15(d) (2) and (3).

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7 CFR 225.6(i)(14)

(14) Upon request, make all accounts and records pertaining to the Program available to State, Federal, or
other authorized officials for audit or administrative review, at a reasonable time and place. The
records shall be retained for a period of 3 years after the end of the fiscal year to which they pertain,
unless audit or investigative findings have not been resolved, in which case the records shall be
retained until all issues raised by the audit or investigation have been resolved.
(15) For approved congregate meal service, maintain children on site while meals are consumed.
Sponsors may allow a child to take one fruit, vegetable, or grain item off-site for later consumption if
the requirements in § 225.16(h) are met.
(16) Retain final financial and administrative responsibility for its program.
(j)

Special Account. In addition, the State agency may require any vended sponsor to enter into a special
account agreement with the State agency. The special account agreement shall stipulate that the sponsor
shall establish a special account with a State agency or Federally insured bank for operating costs
payable to the sponsor by the State. The agreement shall also stipulate that any disbursement of monies
from the account must be authorized by both the sponsor and the food service management company.
The special account agreement may contain such other terms, agreed to by both the sponsor and the
food service management company, which are consistent with the terms of the contract between the
sponsor and the food service management company. A copy of the special account agreement shall be
submitted to the State agency and another copy maintained on file by the sponsor. Any charges made by
the bank for the account described in this section shall be considered an allowable sponsor
administrative cost.

(k) Food service management company registration. A State agency may require each food service
management company, operating within the State, to register based on State procedures. A State agency
may further require the food service management company to certify that the information submitted on
its application for registration is true and correct and that the food service management company is
aware that misrepresentation may result in prosecution under applicable State and Federal statutes.
(l)

Monitoring of food service management company procurements.
(1) The State agency shall ensure that sponsors' food service management company procurements are
carried out in accordance with §§ 225.15(m) and 225.17.
(2) Each State agency shall develop a standard form of contract for use by sponsors in contracting with
food service management companies. Sponsors that are public entities, sponsors with exclusive
year-round contracts with a food service management company, and sponsors that have no food
service management company contracts exceeding the simplified acquisition threshold in 2 CFR
part 200, as applicable, may use their existing or usual form of contract, provided that such form of
contract has been submitted to and approved by the State agency. The standard contract developed
by the State agency shall expressly and without exception provide that:
(i)

All meals prepared by a food service management company shall be unitized, with or without
milk or juice, unless the State agency has approved, pursuant to paragraph (l)(3) of this section,
a request for exceptions to the unitizing requirement for certain components of a meal;

(ii) A food service management company entering into a contract with a sponsor under the
Program shall not subcontract for the total meal, with or without milk, or for the assembly of the
meal;

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7 CFR 225.6(l)(2)(iii)

(iii) The sponsor shall provide to the food service management company a list of State agency
approved food service sites, along with the approved level for the number of meals which may
be claimed for reimbursement for each site, established under § 225.6(h)(2), and shall notify
the food service management company of all sites which have been approved, cancelled, or
terminated subsequent to the submission of the initial approved site list and of any changes in
the approved level of meal service for a site. Such notification shall be provided within the time
limits mutually agreed upon in the contract;
(iv) The food service management company shall maintain such records (supported by invoices,
receipts, or other evidence) as the sponsor will need to meet its responsibilities under this part,
and shall submit all required reports to the sponsor promptly at the end of each month, unless
more frequent reports are required by the sponsor;
(v) The food service management company must have State or local health certification for the
facility in which it proposes to prepare meals for use in the Program. It must ensure that health
and sanitation requirements are met at all times. In addition, the food service management
company must ensure that meals are inspected periodically to determine bacteria levels
present in the meals and that the bacteria levels found to be present in the meals conform with
the standards set by local health authorities. The results of the inspections must be submitted
promptly to the sponsor and to the State agency.
(vi) The meals served under the contract shall conform to the cycle menus and meal quality
standards and food specifications approved by the State agency and upon which the bid was
based;
(vii) The books and records of the food service management company pertaining to the sponsor's
food service operation shall be available for inspection and audit by representatives of the State
agency, the Department and the U.S. Government Accountability Office at any reasonable time
and place for a period of 3 years from the date of receipt of final payment under the contract,
except that, if audit or investigation findings have not been resolved, such records shall be
retained until all issues raised by the audit or investigation have been resolved;
(viii) The sponsor and the food service management company shall operate in accordance with
current Program regulations;
(ix) The food service management company shall be paid by the sponsor for all meals delivered in
accordance with the contract and this part. However, neither the Department nor the State
agency assumes any liability for payment of differences between the number of meals
delivered by the food service management company and the number of meals served by the
sponsor that are eligible for reimbursement;
(x) Meals shall be delivered in accordance with a delivery schedule prescribed in the contract;
(xi) Increases and decreases in the number of meals ordered shall be made by the sponsor, as
needed, within a prior notice period mutually agreed upon;
(xii) All meals served under the Program shall meet the requirements of § 225.16;
(xiii) In cases of nonperformance or noncompliance on the part of the food service management
company, the company shall pay the sponsor for any excess costs which the sponsor may incur
by obtaining meals from another source;

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7 CFR 225.6(l)(2)(xiv)

(xiv) If the State agency requires the sponsor to establish a special account for the deposit of
operating costs payments in accordance with the conditions set forth in § 225.6(j), the contract
shall so specify;
(xv) The food service management company shall submit records of all costs incurred in the
sponsor's food service operation in sufficient time to allow the sponsor to prepare and submit
the claim for reimbursement to meet the 60-day submission deadline; and
(xvi) The food service management company shall comply with the appropriate bonding
requirements, as set forth in § 225.15(m)(5) through (7).
(3) All meals prepared by a food service management company shall be unitized, with or without milk or
juice, unless the sponsor submits to the State agency a request for exceptions to the unitizing
requirement for certain components of a meal. These requests shall be submitted to the State
agency in writing in sufficient time for the State agency to respond prior to the sponsor's advertising
for bids. The State agency shall notify the sponsor in writing of its determination in a timely manner.
(4) Each State agency shall have a representative present at all food service management company
procurement bid openings when sponsors are expected to receive more than $100,000 in Program
payments.
(5) Copies of all contracts between sponsors and food service management companies, along with a
certification of independent price determination, shall be submitted to the State agency prior to the
beginning of Program operations. Sponsors shall also submit to the State agency copies of all bids
received and their reason for selecting the food service management company chosen.
(6) All bids in an amount which exceeds the lowest bid shall be submitted to the State agency for
approval before acceptance. All bids totaling $100,000 or more shall be submitted to the State
agency for approval before acceptance. State agencies shall respond to a request for approval of
such bids within 5 working days of receipt.
(7) The contract between a sponsor and food service management company shall be no longer than 1
year; and options for the yearly renewal of a contract may not exceed 4 additional years. All
contracts shall include a termination clause whereby either party may cancel for cause or for
convenience with up to 60-day notification.
(8) Failure by a sponsor to comply with the provisions of this paragraph or § 225.15(m) shall be
sufficient grounds for the State agency to terminate participation by the sponsor in accordance with
§ 225.18(b).
(m) Meal pattern exceptions. The State agency shall review and act upon requests for exceptions to the meal
pattern in accordance with the guidelines and limitations set forth in § 225.16.
[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13467, Apr. 10, 1990; ; 64 FR 72484, Dec. 28, 1999; 64 FR 72896, Dec. 29, 1999;
72 FR 10895, Mar. 12, 2007; 76 FR 22798, Apr. 25, 2011; 78 FR 13450, Feb. 28, 2013; 83 FR 25357, June 1, 2018; 84 FR 15501,
Apr. 16, 2019; 87 FR 57356, Sept. 19, 2022; 88 FR 57849, Aug. 23, 2023; 88 FR 90349, Dec. 29, 2023]

§ 225.7 Program monitoring and assistance.
(a) Training. Prior to the beginning of Program operations, each State agency shall make available training in
all necessary areas of Program administration to sponsor personnel, food service management company
representatives, auditors, and health inspectors who will participate in the Program in that State. Prior to
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Program operations, the State agency shall ensure that the sponsor's supervisory personnel responsible
for the food service receive training in all necessary areas of Program administration and operations. This
training shall reflect the fact that individual sponsors or groups of sponsors require different levels and
areas of Program training. State agencies are encouraged to utilize in such training, and in the training of
site personnel, sponsor personnel who have previously participated in the Program. Training should be
made available at convenient locations or via the internet. State agencies are not required to conduct this
training for sponsors operating the Program during unanticipated school closures.
(b) Program materials. Each State agency shall develop and make available all necessary Program materials
in sufficient time to enable applicant sponsors to prepare adequately for the Program.
(c) Food specifications and meal quality standards. With the assistance of the Department, each State agency
shall develop and make available to all sponsors minimum food specifications and model meal quality
standards which shall become part of all contracts between vended sponsors and food service
management companies.
(d) Pre-approval visits. The State agency must conduct pre-approval visits of sponsors and sites, as specified
in paragraph (d)(1) through (4) of this section, to assess the applicant sponsor's or site's potential for
successful Program operations and to verify information provided in the application.
(1) The State agency must visit, prior to approval:
(i)

All applicant sponsors that did not participate in the program in the prior year;

(ii) All applicant sponsors that had operational problems noted in the prior year; and
(iii) All sites that the State agency has determined need a pre-approval visit.
(2) If a sponsor is a school food authority or Child and Adult Care Food Program institution and was
reviewed by the State agency under their respective programs during the preceding 12 months, and
had no significant deficiencies noted in that review, a pre-approval visit may be conducted at the
discretion of the State agency.
(3) Pre-approval visits of sponsors proposing to operate the Program during unanticipated school
closures may be conducted at the discretion of the State agency.
(4) Each State agency must establish a process to determine which sites need pre-approval visits.
Characteristics that must be considered include, but are not limited to:
(i)

Sites that did not participate in the program in the prior year;

(ii) Existing sites that are new to non-congregate meal service; and
(iii) Existing sites that exhibited operational problems in the prior year.
(e) Sponsor and site reviews —
(1) Purpose. The State agency must review sponsors and sites to ensure compliance with Program
regulations, the Department's non-discrimination regulations (7 CFR part 15), and any other
applicable instructions issued by the Department.
(2) Sample selection. In determining which sponsors and sites to review, the State agency must, at a
minimum, consider the sponsors and sites' previous participation in the Program, their current and
previous Program performance, whether they operate as congregate or non-congregate sites, and
the results of previous reviews.
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(3) School food authorities. When the same school food authority personnel administer this Program as
well as the National School Lunch Program (7 CFR part 210), the State agency is not required to
conduct a sponsor or site review in the same year in which the National School Lunch Program
operations have been reviewed and determined to be satisfactory.
(4) Frequency and number of required reviews. State agencies must:
(i)

Conduct a review of every new sponsor at least once during the first year of operation;

(ii) Annually review every sponsor that experienced significant operational problems in the prior
year;
(iii) Review each sponsor at least once every 3 years;
(iv) Review more frequently those sponsors that, in the determination of the State agency, require
additional technical assistance; and
(v) As part of each sponsor review, conduct reviews of at least 10 percent of each reviewed
sponsor's sites, or one site, whichever number is greater. The review sample must include sites
representative of all meal service models operated by the sponsor.
(5) Site selection criteria.
(i)

State agencies must develop criteria for site selection when selecting sites to meet the
minimum number of sites required under paragraph (e)(4)(v) of this section. State agencies
should, to the maximum extent possible, select sites that reflect the sponsor's entire population
of sites. Characteristics that should be reflected in the sites selected for review include:
(A) The maximum number of meals approved to serve under § 225.6(h)(1) and (2);
(B) Method of obtaining meals (i.e., self-preparation or vended meal service);
(C) Time since last site review by State agency;
(D) Type of site (e.g., open, closed enrolled, camp);
(E) Type of physical location (e.g., school, outdoor area, community center);
(F) Rural designation (i.e., rural, as defined in § 225.2, or non-rural);
(G) Type of meal service (i.e., congregate or non-congregate);
(H) If non-congregate, meal distribution method (e.g., meal pick-up, delivery); and
(I)

Affiliation with the sponsor, as defined in § 225.2.

(ii) The State agency may use additional criteria to select sites including, but not limited to:
recommendations from the sponsor; findings from other audits or reviews; or any indicators of
potential error in daily meal counts (e.g., identical or very similar claiming patterns, large
changes in free meal counts).
(6) Meal claim validation. As part of every sponsor review under paragraph (e)(4) of this section, the
State agency must validate the sponsor's meal claim utilizing a record review process.

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(i)

7 CFR 225.7(e)(6)(i)

The State agency must develop a record review process. This process must include, at a
minimum, reconciliation of delivery receipts, daily meal counts from sites, and the comparison
of the sponsor's claim consolidation spreadsheet with the meals claimed for reimbursement by
the sponsor for the period under review.

(ii) For the purposes of this paragraph (e)(6), the percent error includes both overclaims and
underclaims. Claims against sponsors as a result of meal claim validation should be assessed
after the conclusion of the meal claim validation process in accordance with § 225.12.
(iii) In determining the sample size for each step of this process, fractions must be rounded up
(≥0.5) or down (<0.5) to the nearest whole number.
(iv) State agencies must at a minimum follow the process to conduct the meal claim validation as
described in table 1.

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(v) In determining the percentage of error, under paragraphs (e)(6)(i) through (iv) of this section,
fractions must be rounded up (≥0.5) or down (<0.5) to the nearest whole number. Percentage of
error is calculated for each step as follows:
(A) Determining the meal counting and claiming discrepancy for each site validated. Subtract
the total meals validated from the total meals claimed by the sponsor for each validated
site. Take the absolute value of each discrepancy. By applying the absolute value, the
numbers will be expressed as positive valued numbers.
(B) Calculating total discrepancy. Add together all discrepancies from each site as determined
in paragraph (e)(6)(v)(A) of this section to calculate the total discrepancies for sites
validated in the given step.

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7 CFR 225.7(e)(6)(v)(C)

(C) Calculating percent error. Divide the total discrepancies as determined in paragraph
(e)(6)(v)(B) of this section by the total meals claimed by the sponsor for all reviewed sites
within the validation sample for the given step. Multiply by 100 to calculate the percentage
of error.
(vi) The State agency may expand the validation of meal claims beyond the review period or to
include additional sites if the State agency has reason to believe that the sponsor has engaged
in unlawful acts in connection with Program operations.
(vii) In lieu of the meal claim validation process described in table 1 to paragraph (e)(6)(iv) of this
section, the State agency may complete a validation which includes all meals served on all
operating days for all sites under a sponsor for the review period.
(7) Review of sponsor operations. State agencies should determine if:
(i)

Expenditures are allowable and consistent with FNS Instructions and guidance and all funds
accruing to the food service are properly identified and recorded as food service revenue;

(ii) Expenditures are consistent with budgeted costs, and the previous year's expenditures taking
into consideration any changes in circumstances;
(iii) Reimbursements have not resulted in accumulation of net cash resources as defined in
paragraph (m) of this section; and
(iv) The level of administrative spending is reasonable and does not affect the sponsor's ability to
operate a nonprofit food service and provide a quality meal service.
(f) Follow-up reviews. The State agency must conduct follow-up reviews of sponsors and sites as necessary.
(g) Monitoring system. Each State agency must develop and implement a monitoring system to ensure that
sponsors, including site personnel, and the sponsor's food service management company, if applicable,
immediately receive a copy of any review reports which indicate Program violations and which could
result in a Program disallowance.
(h) Records. Documentation of Program assistance and the results of such assistance must be maintained
on file by the State agency 3 years after submission in accordance with § 225.8(a).
(i)

Meal preparation facility reviews. As part of the review of any vended sponsor that purchases unitized
meals, with or without milk, to be served at a SFSP site, the State agency must review the meal production
facility and meal production documentation of any food service management company from which the
sponsor purchases meals for compliance with program requirements. If the sponsor does not purchase
meals but does purchase management services within the restrictions specified in § 225.15, the State
agency is not required to conduct a meal preparation facility review.
(1) Each State agency must establish an order of priority for visiting facilities at which food is prepared
for the Program. The facility review must be conducted at least one time within the appropriate
review cycle for each vended sponsor. If multiple vended sponsors use the same food service
management company and are being reviewed in the same review cycle, a single facility review will
fulfill the review requirements for those vended sponsors.

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7 CFR 225.7(i)(2)

(2) The State agency must respond promptly to complaints concerning facilities. If the food service
management company fails to correct violations noted by the State agency during a review, the State
agency must notify the sponsor and the food service management company that reimbursement
must not be paid for meals prepared by the food service management company after a date
specified in the notification.
(3) Funds provided in § 225.5(f) may be used for conducting meal preparation facility reviews.
(j)

Forms for reviews by sponsors. Each State agency must develop and provide monitor review forms to all
approved sponsors. These forms must be completed by sponsor monitors. The monitor review form must
include, but not be limited to:
(1) The time of the reviewer's arrival and departure;
(2) The site supervisor's printed name and signature;
(3) A certification statement to be signed by the monitor;
(4) The number of meals prepared or delivered;
(5) Whether the meal service is congregate or non-congregate;
(6) The number of meals served to children;
(7) The deficiencies noted;
(8) The corrective actions taken by the sponsor; and
(9) The date of such actions.

(k) Corrective actions. Corrective actions which the State agency may take when Program violations are
observed during the conduct of a review are discussed in § 225.11. The State agency must conduct
follow-up reviews as appropriate when corrective actions are required.
(l)

Other facility inspections and meal quality tests. In addition to those inspections required by paragraph (i)
of this section, the State agency may also conduct, or arrange to have conducted: inspections of selfpreparation and vended sponsors' food preparation facilities; inspections of food service sites; and meal
quality tests. The procedures for carrying out these inspections and tests must be consistent with
procedures used by local health authorities. For inspections of food service management companies'
facilities not conducted by State agency personnel, copies of the results must be provided to the State
agency. The company and the sponsor must also immediately receive a copy of the results of these
inspections when corrective action is required. If a food service management company fails to correct
violations noted by the State agency during a review, the State agency must notify the sponsor and the
food service management company that reimbursement must not be paid for meals prepared by the food
service management company after a date specified in the notification. Funds provided for in § 225.5(f)
may be used for conducting these inspections and tests.

(m) Financial management. Each State agency must establish a financial management system, in accordance
with 2 CFR part 200, subparts D and E, and USDA implementing regulations 2 CFR parts 400 and 415, as
applicable, and FNS guidance, to identify allowable Program costs and to establish standards for sponsor
recordkeeping and reporting. The State agency must provide guidance on these financial management
standards to each sponsor. Additionally, each State agency must establish a system for monitoring and
reviewing sponsors' nonprofit food service to ensure that all Program reimbursement funds are used
solely for the conduct of the food service operation. State agencies must review the net cash resources of
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the nonprofit food service of each sponsor participating in the Program and ensure that the net cash
resources do not exceed one months' average expenditures for sponsors operating only during the
summer months and three months' average expenditure for sponsors operating Child Nutrition Programs
throughout the year. State agency approval must be required for net cash resources in excess of
requirements set forth in this paragraph (m). Based on this monitoring, the State agency may provide
technical assistance to the sponsor to improve meal service quality or take other action designed to
improve the nonprofit meal service quality under the following conditions, including but not limited to:
(1) The sponsor's net cash resources exceed the limits included in this paragraph (m) for the sponsor's
nonprofit food service or such other amount as may be approved in accordance with this paragraph;
(2) The ratio of administrative to operating costs (as defined in § 225.2) is high;
(3) There is significant use of alternative funding for food and/or other costs; or
(4) A significant portion of the food served is privately donated or purchased at a very low price.
(n) Nondiscrimination.
(1) Each State agency must comply with all requirements of title VI of the Civil Rights Act of 1964, title IX
of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, and the Department's regulations concerning nondiscrimination (7 CFR
parts 15, 15a, and 15b), including requirements for racial and ethnic participation data collection,
public notification of the nondiscrimination policy, and reviews to assure compliance with such
policy, to the end that no person must, on the grounds of race, color, national origin, sex (including
gender identity and sexual orientation), age, or disability, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under the Program.
(2) Complaints of discrimination filed by applicants or participants must be referred to FNS or the
Secretary of Agriculture, Washington, DC 20250. A State agency which has an established grievance
or complaint handling procedure may resolve sex and disability discrimination complaints before
referring a report to FNS.
(o) Sponsor site visit. Each State agency must establish criteria that sponsors will use to determine which
sites with operational problems in the prior year are required to receive a site visit during the first two
weeks of program operations in accordance with § 225.15(d)(2).
[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13468, Apr. 10, 1990; 64 FR 72485, Dec. 28, 1999; 64 FR 72898, Dec. 29, 1999;
71 FR 39518, July 13, 2006; 76 FR 22798, Apr. 25, 2011; 81 FR 66492, Sept. 28, 2016; 83 FR 25358, June 1, 2018; 87 FR 57360,
Sept. 19, 2022; 88 FR 90352, Dec. 29, 2023]

§ 225.8 Records and reports.
(a) Each State agency shall maintain complete and accurate current accounting records of its Program
operations which will adequately identify funds authorizations, obligations, unobligated balances, assets,
liabilities, income, claims against sponsors and efforts to recover overpayments, and expenditures for
administrative and operating costs. These records shall be retained for a period of three years after the
date of the submission of the final Program Operations and Financial Status Report (FNS-777), except
that, if audit findings have not been resolved, the affected records shall be retained beyond the three year
period until such time as any issues raised by the audit findings have been resolved. The State agency

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7 CFR 225.8(b)

shall also retain a complete record of each review or appeal conducted, as required under § 225.13, for a
period of three years following the date of the final determination on the review or appeal. Records may
be kept in their original form or on microfilm.
(b) Each State agency shall submit to FNS a final report on the Summer Food Service Program Operations
(FNS-418) for each month no more 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 postmarked
and/or submitted within this time limit unless FNS grants an exception. Upward adjustments to a State's
report shall not be made after 90 days from the month covered by the report unless authorized by FNS.
Downward adjustments shall always be made without FNS authorization, regardless of when it is
determined that such adjustments need to be made. Adjustments to a State's report shall be reported to
FNS in accordance with procedures established by FNS. Each State agency shall also submit to FNS a
quarterly Financial Status Report (FNS-777) on the use of Program funds. Such reports shall be submitted
no later than 30 days after the end of each fiscal year quarter. Obligations shall be reported only for the
fiscal year in which they occur. Action may be taken against the State agency, in accordance with §
225.5(a)(1), for failure to submit accurate and timely reports.
(c) The State agency must submit to FNS a final Financial Status Report no later than 120 days after the end
of the fiscal year, on a form (FNS-777) provided by FNS. Any requested increase in reimbursement levels
for a fiscal year resulting from corrective action taken after submission of the final Program Operations
and Financial Status Reports shall be submitted to FNS for approval. The request shall be accompanied
by a written explanation of the basis for the adjustment and the actions taken to minimize the need for
such adjustments in the future. If FNS approves such an increase, it will make payment, subject to
availability of funds. Any reduction in reimbursement for that fiscal year resulting from corrective action
taken after submission of the final fiscal year Program Operations and Financial Status Reports shall be
handled in accordance with the provisions of § 225.12(d), except that amounts recovered may not be
used to make Program payments.
(d)
(1) By May 1 of each year, State agencies must submit to the appropriate FNSRO a list of potential
private nonprofit organization sponsors. The list must include the following information for each
applicant sponsor:
(i)

Name and address;

(ii) Geographical area(s) proposed to be served;
(iii) Proposed number of sites; and
(iv) Any available details of each proposed site including address, dates of operation, and estimated
daily attendance.
(2) State agencies must also notify the appropriate FNSRO within 5 working days after they approve
each private nonprofit organization to participate as a SFSP sponsor. When State agencies notify the
FNSRO of sponsor approval, they must provide the following information:
(i)

Any changes to site locations, dates of operation, and estimated daily attendance that was
previously provided;

(ii) The hours and type(s) of approved meal service at each site;

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7 CFR 225.8(d)(2)(iii)

(iii) The type of site approval—open, restricted open, closed enrolled, conditional non-congregate, or
camp; and
(iv) Any other important details about each site that would help the FNSRO plan reviews, including
whether the site is rural or urban, congregate or non-congregate, or vended or self-preparation.
(e) By June 30 of each year, or a later date approved by the appropriate FNSRO, the State agency must submit
to FNS a list of open site locations and their operational details and provide a minimum of two updates
during the summer operational period. State agencies are encouraged to submit updates weekly if there
are any changes to their data.
[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13469, Apr. 10, 1990; 64 FR 72485, Dec. 28, 1999; 65 FR 82251, Dec. 28, 2000;
81 FR 66492, Sept. 28, 2016; 88 FR 90353, Dec. 29, 2023]

§ 225.9 Program assistance to sponsors.
(a) Start-up payments. At their discretion, State agencies may make start-up payments to sponsors which
have executed Program agreements. Start-up payments shall not be made more than two months before
the sponsor is scheduled to begin food service operations and shall not exceed 20 percent of the
sponsor's approved administrative budget. The amount of the start-up payment shall be deducted from
the first advance payment or, if the sponsor does not receive advance payments, from the first
reimbursement.
(b) Commodity assistance.
(1) Sponsors eligible to receive commodities under the Program include: Self-preparation sponsors;
sponsors which have entered into an agreement with a school or school food authority for the
preparation of meals; and sponsors which are school food authorities and have competitively
procured Program meals from the same food service management company from which they
competitively procured meals for the National School Lunch Program during the last period in which
school was in session. The State agency shall make available to these sponsors information on
available commodities. Sponsors shall use in the Program food donated by the Department and
accepted by sponsors.
(2) Not later than June 1 of each year, State agencies shall prepare a list of the sponsors which are
eligible to receive commodities and the average daily number of eligible meals to be served by each
of these sponsors. If the State agency does not handle the distribution of commodities donated by
the Department, this list shall be forwarded to the agency of the State responsible for the distribution
of commodities. The State agency shall be responsible for promptly revising the list to reflect
additions or terminations of sponsors and for adjusting the average daily participation data as it
deems necessary.
(c) Advance payments. At the sponsor's request, State agencies shall make advance payments to sponsors
that have executed Program agreements in order to assist these sponsors in meeting expenses. For
sponsors operating under a continuous school calendar, all advance payments shall be forwarded on the
first day of each month of operation. Advance payments shall be made by the dates specified in
paragraph (c)(1)(i) of this section for all other sponsors whose requests are received at least 30 days
prior to those dates. Requests received less than 30 days prior to those dates shall be acted upon within
30 days of receipt. When making advance payments, State agencies shall observe the following criteria:
(1) Payments.
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(i)

7 CFR 225.9(c)(1)(i)

State agencies shall make advance payments by June 1, July 15, and August 15. To be eligible
for the second and third advance payments, the sponsor must certify that it is operating the
number of sites for which the budget was approved and that its projected costs do not differ
significantly from the approved budget. Except for school food authorities, sponsors must
conduct training sessions before receiving the second advance payment. Training sessions
must cover Program duties and responsibilities for the sponsor's staff and for site personnel. A
sponsor shall not receive advance payments for any month in which it will participate in the
Program for less than 10 days. However, if a sponsor operates for less than 10 days in June but
for at least 10 days in August, the second advance payment shall be made by August 15.

(ii) To determine the amount of the advance payment to any sponsor, the State agency shall
employ whichever of the following methods will result in the larger payment:
(A) The total reimbursement paid to the sponsor for the same calendar month in the
preceding year; or
(B) For vended sponsors, 50 percent of the amount determined by the State agency to be
needed that month for meals, or, for self-preparation sponsors, 65 percent of the amount
determined by the State agency to be needed that month for meals.
(2) Advance payment estimates. When determining the amount of advance payments payable to the
sponsor, the State agency shall make the best possible estimate based on the sponsor's request and
any other available data. Under no circumstances may the amount of the advance payment exceed
the amount estimated by the State agency to be needed by the sponsor to meet Program costs.
(3) Limit. The sum of the advance payments to a sponsor for any one month shall not exceed $40,000
unless the State agency determines that a larger payment is necessary for the effective operation of
the Program and the sponsor demonstrates sufficient administrative and managerial capability to
justify a larger payment.
(4) Deductions from advance payments. The State agency shall deduct from advance payments the
amount of any previous payment which is under dispute or which is part of a demand for recovery
under § 225.12.
(5) Withholding of advance payments. If the State agency has reason to believe that a sponsor will not
be able to submit a valid claim for reimbursement covering the month for which advance payments
have already been made, the subsequent month's advance payment shall be withheld until a valid
claim is received.
(6) Repayment of excess advance payments. Upon demand of the State agency, sponsors shall repay
any advance Program payments in excess of the amount cited on a valid claim for reimbursement.
(d) Reimbursements. Sponsors shall not be eligible for meal reimbursements unless they have executed an
agreement with the State agency. All reimbursements shall be in accordance with the terms of this
agreement. Reimbursements shall not be paid for meals served at a site before the sponsor has received
written notification that the site has been approved for participation in the Program. Income accruing to a
sponsor's program shall be deducted from costs. The State agency may make full or partial
reimbursement upon receipt of a claim for reimbursement, but shall first make any necessary
adjustments in the amount to be paid. The following requirements shall be observed in submitting and
paying claims:

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7 CFR 225.9(d)(1)

(1) School food authorities that operate the Program, and operate more than one child nutrition program
under a single State agency, must use a common claim form (as provided by the State agency) for
claiming reimbursement for meals served under those programs.
(2) No reimbursement may be issued until the sponsor certifies that it operated all sites for which it is
approved and that there has been no significant change in its projected expenses since its preceding
claim and, for a sponsor receiving an advance payment for only one month, that there has been no
significant change in its projected expenses since its initial advance payment.
(3) Sponsors must submit a monthly claim or a combined claim within 60 days of the last day of
operation. Sponsors may not submit a combined claim for meal reimbursements that crosses fiscal
years. In addition, State agencies must ensure that the correct reimbursement rates are applied for
meals claimed for months when different reimbursement rates are in effect. With approval from the
State agency, sponsors have the flexibility to combine the claim for reimbursement in the following
ways:
(i)

For 10 operating days or less in their initial month of operations with the claim for the
subsequent month;

(ii) For 10 operating days or less in their final month of operations with the claim for the preceding
month; or
(iii) For 3 consecutive months, as long as this combined claim only includes 10 operating days or
less from each of the first and last months of program operations.
(4) The State agency must forward reimbursements within 45 calendar days of receiving valid claims. If
a claim is incomplete, invalid, or potentially unlawful per paragraph (d)(10) of this section, the State
agency must return the claim to the sponsor within 30 calendar days with an explanation of the
reason for disapproval and how such claim must be revised for payment. If the sponsor submits a
revised claim, final action must be completed within 45 calendar days of receipt unless the State
agency has reason to believe the claim is unlawful per paragraph (d)(10) in this section. If the State
agency disallows partial or full payment for a claim for reimbursement, it must notify the sponsor
which submitted the claim of its right to appeal under § 225.13(a).
(5) Claims for reimbursement shall report information in accordance with the financial management
system established by the State agency, and in sufficient detail to justify the reimbursement claimed
and to enable the State agency to provide the Reports of Summer Food Service Program Operations
required under § 225.8(b). In submitting a claim for reimbursement, each sponsor shall certify that
the claim is correct and that records are available to support this claim. Failure to maintain such
records may be grounds for denial of reimbursement for meals claimed during the period covered by
the records in question. The costs of meals to adults performing necessary food service labor may
be included in the claim. Under no circumstances may a sponsor claim the cost of any disallowed
meals as operating costs.
(6) A final Claim for Reimbursement shall be postmarked or submitted to the State agency not later than
60 days after the last day of the month covered by the claim. State agencies may establish shorter
deadlines at their discretion. Claims not filed within the 60 day deadline shall not be paid with
Program funds unless FNS determines that an exception should be granted. The State agency shall
promptly take corrective action with respect to any Claim for Reimbursement as determined
necessary through its claim review process or otherwise. In taking such corrective action, State
agencies may make upward adjustments in Program funds claimed on claims filed within the 60 day
deadline if such adjustments are completed within 90 days of the last day of the month covered by
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7 CFR 225.9(d)(7)

the claim and are reflected in the final Program Operations Report (FNS-418). Upward adjustments in
Program funds claimed which are not reflected in the final FNS-418 for the month covered by the
claim cannot be made unless authorized by FNS. Downward adjustments in Program funds claimed
shall always be made without FNS authorization, regardless of when it is determined that such
adjustments are necessary.
(7) Payments to a sponsor must equal the amount derived by multiplying the number of eligible meals,
by type, actually served under the sponsor's program to eligible children by the current applicable
reimbursement rate for each meal type. Sponsors must be eligible to receive additional
reimbursement for each meal served to participating children at rural or self-preparation sites.
(8) On each January 1, or as soon thereafter or as practicable, FNS will publish a notice in the FEDERAL
REGISTER announcing any adjustment to the reimbursement rates described in paragraph (d)(7) of
this section. Adjustments will be based upon changes in the series for food away from home of the
Consumer Price Index (CPI) for all urban consumers since the establishment of the rates. Higher
rates will be established for Alaska and Hawaii, based on the CPI for those States.
(9) Sponsors of camps are reimbursed only for meals served to children in camps whose eligibility for
Program meals is documented.
(10) Sponsors of NYSP sites are reimbursed only for meals served to children enrolled in the NYSP.
(11) Sponsors of conditional non-congregate sites are reimbursed only for meals served to children
whose eligibility for Program meals is documented.
(12) If a State agency has reason to believe that a sponsor or food service management company has
engaged in unlawful acts in connection with Program operations, evidence found in audits, reviews,
or investigations must be a basis for nonpayment of the applicable sponsor's claims for
reimbursement. The State agency may be exempt from the requirement stated in paragraph (d)(4) of
this section that final action on a claim must be complete within 45 calendar days of receipt of a
revised claim if the State agency determines that a thorough examination of potentially unlawful
acts would not be possible in the required timeframe. The State agency must notify the appropriate
FNSRO of its election to take the exemption from the requirement stated in paragraph (d)(4) of this
section by submitting to the FNSRO a copy of the claim disapproval at the same time as it is
provided to the sponsor.
(e) The sponsor may claim reimbursement for any meals which are examined for meal quality by the State
agency, auditors, or local health authorities and found to meet the meal pattern requirements.
(f) Meal claiming. The sponsor must not claim reimbursement for meals served to children at any site in
excess of the site's approved level of meal service, if one has been established under § 225.6(h)(2).
However, the total number of meals for which operating costs are claimed may exceed the approved level
of meal service if the meals exceeding this level were served to adults performing necessary food service
labor in accordance with paragraph (d)(5) of this section. In reviewing a sponsor's claim for congregate
meals served, the State agency must ensure that reimbursements for second meals are limited to the
percentage tolerance established in § 225.15(b)(4).
(g) Unused reimbursement. If a sponsor receives more reimbursement than expended on allowable costs, the
sponsor should use this unused reimbursement to improve the meal service or management of the
Program. Unused reimbursement remaining at the end of the Program year must be used to pay allowable
costs of other Child Nutrition Programs or for SFSP operations the following Program year.

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7 CFR 225.9(g)(1)

(1) If a sponsor does not return to participate in the Program the following year and does not operate
any other Child Nutrition Programs, the sponsor is not required to return the unused reimbursement
to the State agency.
(2) [Reserved]
[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13469, Apr. 10, 1990; 64 FR 72485, Dec. 28, 1999; 83 FR 25358, June 1, 2018;
84 FR 15501, Apr. 16, 2019; 87 FR 57364, Sept. 19, 2022; 88 FR 90353, Dec. 29, 2023]

§ 225.10 Audits and management evaluations.
(a) Audits. State agencies shall arrange for audits of their own operations to be conducted in accordance with
2 CFR part 200, subpart F and USDA implementing regulations 2 CFR part 400 and part 415. Unless
otherwise exempt, sponsors shall arrange for audits to be conducted in accordance with 2 CFR part 200,
subpart F and USDA implementing regulations 2 CFR part 400 and part 415. State agencies shall provide
OIG with full opportunity to audit the State agency and sponsors. Unless otherwise exempt, audits at the
State and sponsor levels shall be conducted in accordance with 2 CFR part 200, subpart F and Appendix
XI, Compliance Supplement and USDA implementing regulations 2 CFR part 400 and part 415. While OIG
shall rely to the fullest extent feasible upon State-sponsored audits of sponsors, it shall, when considered
necessary,
(1) make audits on a State-wide basis,
(2) perform on-site test audits, and
(3) review audit reports and related working papers of audits performed by or for State agencies.
(b) Management evaluations.
(1) State agencies shall provide FNS with full opportunity to conduct management evaluations
(including visits to sponsors) of all operations of the State agency. Each State agency shall make
available its records, including records of the receipts and expenditures of funds, upon a reasonable
request by FNS.
(2) The State agency shall fully respond to any recommendations made by FNSRO pursuant to the
management evaluation.
(3) FNSRO may require the State agency to submit on 20 days notice a corrective action plan regarding
serious problems observed during any phase of the management evaluation.
(c) Disregards. In conducting management evaluations or audits for any fiscal year, the State agency, FNS or
OIG may disregard overpayment which does not exceed $100 or, in the case of State agency administered
programs, does not exceed the amount established by State law, regulations or procedures as a minimum
for which claims will be made for State losses generally. No overpayment shall be disregarded, however,
when there are unpaid claims for the same fiscal year from which the overpayment can be deducted or
when there is substantial evidence of violation of criminal law or civil fraud statutes.
[54 FR 18208, Apr. 27, 1989, as amended at 71 FR 39518, July 13, 2006; 81 FR 66492, Sept. 28, 2016]

§ 225.11 Corrective action procedures.
(a) Purpose. The provisions in this section shall be used by the State agency to improve Program
performance.
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7 CFR 225.11(b)

(b) Investigations. Each State agency shall promptly investigate complaints received or irregularities noted in
connection with the operation of the Program, and shall take appropriate action to correct any
irregularities. The State agency shall maintain on file all evidence relating to such investigations and
actions. The State agency shall inform the appropriate FNSRO of any suspected fraud or criminal abuse in
the Program which would result in a loss or misuse of Federal funds. The Department may make
investigations at the request of the State agency, or where the Department determines investigations are
appropriate.
(c) Denial of applications and termination of sponsors. Except as specified below, the State agency shall not
enter into an agreement with any applicant sponsor identifiable through its corporate organization,
officers, employees, or otherwise, as an institution which participated in any Federal child nutrition
program and was seriously deficient in its operation of any such program. The State agency shall
terminate the Program agreement with any sponsor which it determines to be seriously deficient.
However, the State agency shall afford a sponsor reasonable opportunity to correct problems before
terminating the sponsor for being seriously deficient. The State agency may approve the application of a
sponsor which has been disapproved or terminated in prior years in accordance with this paragraph if the
sponsor demonstrates to the satisfaction of the State agency that the sponsor has taken appropriate
corrective actions to prevent recurrence of the deficiencies. Serious deficiencies which are grounds for
disapproval of applications and for termination include, but are not limited to, any of the following:
(1) Noncompliance with the applicable bid procedures and contract requirements of Federal child
nutrition program regulations;
(2) The submission of false information to the State agency;
(3) Failure to return to the State agency any start-up or advance payments which exceeded the amount
earned for serving meals in accordance with this part, or failure to submit all claims for
reimbursement in any prior year, provided that failure to return any advance payments for months for
which claims for reimbursement are under dispute from any prior year shall not be grounds for
disapproval in accordance with this paragraph; and
(4) Program violations at a significant proportion of the sponsor's sites. Such violations include, but are
not limited to, the following:
(i)

Noncompliance with the meal service time restrictions set forth at § 225.16(c), as applicable;

(ii) Failure to maintain adequate records;
(iii) Failure to adjust meal orders to conform to variations in the number of participating children;
(iv) For congregate meal service operations, the simultaneous service of more than one meal to any
child;
(v) The claiming of Program payments for meals not served to participating children;
(vi) For non-congregate meal service operations, distributing more than the daily meal limit when
multi-day service is used;
(vii) Service of a significant number of meals which did not include required quantities of all meal
components;
(viii) For congregate meal service operations, excessive instances of off-site meal consumption;
(ix) Continued use of food service management companies that are in violation of health codes.
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7 CFR 225.11(d)

(d) Meal service restriction.
(1) With the exception for residential camps and non-congregate meal service set forth at §
225.16(b)(1)(ii) and (b)(5)(iii), respectively, the State agency must restrict to one meal service per
day:
(i)

Any food service site which is determined to be in violation of the time restrictions for meal
service set forth at § 225.16(c) when corrective action is not taken within a reasonable time as
determined by the State agency; and

(ii) All sites under a sponsor if more than 20 percent of the sponsor's sites are determined to be in
violation of the time restrictions set forth at § 225.16(c).
(2) If this action results in children not receiving meals under the Program, the State agency must make
reasonable effort to locate another source of meal service for these children.
(e) Meal disallowances.
(1) If the State agency determines that a sponsor has failed to plan, prepare, or order meals with the
objective of providing only one meal per child at each meal service at a site, the State agency shall
disallow the number of children's meals prepared or ordered in excess of the number of children
served.
(2) If the State agency observes meal service violations during the conduct of a site review, the State
agency shall disallow as meals served to children all of the meals observed to be in violation.
(3) The State agency shall also disallow children's meals which are in excess of a site's approved level
established under § 225.6(h)(2).
(f) Corrective action and termination of sites.
(1) Whenever the State agency observes violations during the course of a site review, it shall require the
sponsor to take corrective action. If the State agency finds a high level of meal service violations, the
State agency shall require a specific immediate corrective action plan to be followed by the sponsor
and shall either conduct a follow-up visit or in some other manner verify that the specified corrective
action has been taken.
(2) The State agency shall terminate the participation of a sponsor's site if the sponsor fails to take
action to correct the Program violations noted in a State agency review report within the timeframes
established by the corrective action plan.
(3) The State agency shall immediately terminate the participation of a sponsor's site if during a review
it determines that the health or safety of the participating children is imminently threatened.
(4) If the site is vended, the State agency shall within 48 hours notify the food service management
company providing meals to the site of the site's termination.
(g) Technical assistance for improved meal service. If the State agency finds that a sponsor is operating a
program with poor quality meal service and is operating below the reimbursement level, the State agency
should provide technical assistance to the sponsor to improve the meal service.
[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13469, Apr. 10, 1990; 83 FR 25360, June 1, 2018; 87 FR 57364, Sept. 19, 2022;
88 FR 90353, Dec. 29, 2023]

7 CFR 225.11(g) (enhanced display)

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7 CFR 225.12

§ 225.12 Claims against sponsors.
(a) The State agency shall disallow any portion of a claim for reimbursement and recover any payment to a
sponsor not properly payable under this part, except as provided for in § 225.10(c). State agencies shall
consider claims for reimbursement not properly payable if a sponsor's records do not support all meals
claimed and include all costs associated with the Program sufficient to justify that reimbursements were
spent only on allowable Child Nutrition Program costs. However, the State agency shall notify the sponsor
of the reasons for any disallowance or demand for repayment.
(b) Minimum State agency collection procedures for unearned payments shall include:
(1) Written demand to the sponsor for the return of improper payments;
(2) If after 30 calendar days the sponsor fails to remit full payment or agree to a satisfactory repayment
schedule, a second written demand for the return of improper payments, sent by certified mail, return
receipt requested;
(3) If after 60 calendar days following the original written demand, the sponsor fails to remit full
payment or agree to a satisfactory repayment schedule, a third written demand for the return of
improper payments, sent by certified mail, return receipt requested;
(4) If after 90 calendar days following the original written demand, the sponsor fails to remit full
payment or agree to a satisfactory repayment schedule, the State agency shall refer the claim
against the sponsor to the appropriate State or Federal authorities for pursuit of legal remedies.
(c) If FNS does not concur with the State agency's action in paying a sponsor or in failing to collect an
overpayment, FNS shall notify the State agency of its intention to assert a claim against the State agency.
In all such cases, the State agency shall have full opportunity to submit evidence concerning the action
taken. The State agency shall be liable to FNS for failure to collect an overpayment unless FNS
determines that the State agency has conformed with this part in issuing the payment and has exerted
reasonable efforts in accordance with paragraph (b) of this section to recover the improper payment.
(d) The amounts recovered by the State agency from sponsors may be utilized to make Program payments to
sponsors for the period for which the funds were initially available and/or to repay the State for any of its
own funds used to make payments on claims for reimbursement. Any amounts recovered which are not
so utilized shall be returned to FNS in accordance with the requirements of this part.
[54 FR 18208, Apr. 27, 1989, as amended at 83 FR 25360, June 1, 2018]

§ 225.13 Appeal procedures.
(a) Each State agency shall establish a procedure to be followed by an applicant appealing: A denial of an
application for participation; a denial of a sponsor's request for an advance payment; a denial of a
sponsor's claim for reimbursement (except for late submission under § 225.9(d)(6)); a State agency's
refusal to forward to FNS an exception request by the sponsor for payment of a late claim or a request for
an upward adjustment to a claim; a claim against a sponsor for remittance of a payment; the termination
of the sponsor or a site; a denial of a sponsor's application for a site; a denial of a food service
management company's application for registration, if applicable; or the revocation of a food service
management company's registration, if applicable. Appeals shall not be allowed on decisions made by
FNS with respect to late claims or upward adjustments under § 225.9(d)(6).
(b) At a minimum, appeal procedures shall provide that:
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7 CFR 225.13(b)(1)

(1) The sponsor or food service management company be advised in writing of the grounds upon which
the State agency based the action. The notice of action shall also state that the sponsor or food
service management company has the right to appeal the State's action. The notice is considered to
be received by the sponsor or food service management company when it is delivered by certified
mail, return receipt (or the equivalent private delivery service), by facsimile, or by email. If the notice
is undeliverable, it is considered to be received by the sponsor or food service management
company five days after being sent to the addressee's last known mailing address, facsimile number,
or email address;
(2) The sponsor or food service management company be advised in writing that the appeal must be
made within a specified time and must meet the requirements of paragraph (b)(4) of this section.
The State agency shall establish this period of time at not less than one week nor more than two
weeks from the date on which the notice of action is received;
(3) The appellant be allowed the opportunity to review any information upon which the action was
based;
(4) The appellant be allowed to refute the charges contained in the notice of action either in person or by
filing written documentation with the review official. To be considered, written documentation must
be submitted by the appellant within seven days of submitting the appeal, must clearly identify the
State agency action being appealed, and must include a photocopy of the notice of action issued by
the State agency;
(5) A hearing be held by the review official in addition to, or in lieu of, a review of written information
submitted by the appellant only if the appellant so specifies in the letter appealing the action. The
appellant may retain legal counsel or may be represented by another person. Failure of the
appellant's representative to appear at a scheduled hearing shall constitute the appellant's waiver of
the right to a personal appearance before the review official, unless the review official agrees to
reschedule the hearing. A representative of the State agency shall be allowed to attend the hearing
to respond to the appellant's testimony and written information and to answer questions from the
review official;
(6) If the appellant has requested a hearing, the appellant and the State agency shall be provided with at
least 5 days advance written notice, sent by certified mail, return receipt requested, of the time and
place of the hearing;
(7) The hearing be held within 14 days of the date of the receipt of the request for review, but, where
applicable, not before the appellant's written documentation is received in accordance with
paragraphs (b) (4) and (5) of this section;
(8) The review official be independent of the original decision-making process;
(9) The review official make a determination based on information provided by the State agency and the
appellant, and on Program regulations;
(10) Within 5 working days after the appellant's hearing, or within 5 working days after receipt of written
documentation if no hearing is held, the reviewing official make a determination based on a full
review of the administrative record and inform the appellant of the determination of the review by
certified mail, return receipt requested;

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7 CFR 225.13(b)(11)

(11) The State agency's action remain in effect during the appeal process. However, participating
sponsors and sites may continue to operate the Program during an appeal of termination, and if the
appeal results in overturning the State agency's decision, reimbursement shall be paid for meals
served during the appeal process. However, such continued Program operation shall not be allowed
if the State agency's action is based on imminent dangers to the health or welfare of children. If the
sponsor or site has been terminated for this reason, the State agency shall so specify in its notice of
action; and
(12) The determination by the State review official is the final administrative determination to be afforded
to the appellant.
(c) The State agency shall send written notification of the complete appeal procedures and of the actions
which are appealable, as specified in paragraph (a) of this section, to each potential sponsor applying to
participate and to each food service management company applying to register in accordance with §
225.6(k).
(d) A record regarding each review shall be kept by the State agency, as required under § 225.8(a). The record
shall document the State agency's compliance with these regulations and shall include the basis for its
decision.
[54 FR 18208, Apr. 27, 1989, as amended at 64 FR 72486, Dec. 28, 1999; 78 FR 13450, Feb. 28, 2013; 83 FR 25360, June 1, 2018;
87 FR 57364, Sept. 19, 2022]

Subpart C—Sponsor and Site Provisions
§ 225.14 Requirements for sponsor participation.
(a) Applications. Sponsors must make written application to the State agency to participate in the Program
which must include all content required under § 225.6(c). Such application must be made on a timely
basis in accordance with the requirements of § 225.6(b)(1). Sponsors proposing to operate a site during
an unanticipated school closure may be exempt, at the discretion of the State agency, from submitting a
new application if they have participated in the program at any time during the current year or in either of
the prior 2 calendar years.
(b) Sponsor eligibility. Applicants eligible to sponsor the Program include:
(1) Public or nonprofit private school food authorities;
(2) Public or nonprofit private residential summer camps;
(3) Units of local, municipal, county, or State governments;
(4) Public or private nonprofit colleges or universities which are currently participating in the National
Youth Sports Program; and
(5) Private nonprofit organizations as defined in § 225.2, as determined annually.
(c) General requirements. No applicant sponsor shall be eligible to participate in the Program unless it:
(1) Demonstrates financial and administrative capability for Program operations and accepts final
financial and administrative responsibility for total Program operations at all sites at which it
proposes to conduct a food service in accordance with the performance standards described under
§ 225.6(d) of this part.
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(i)

7 CFR 225.14(c)(1)(i)

In general, an applicant sponsor which is a school food authority in good standing in the
National School Lunch Program or an institution in good standing in the Child and Adult Care
Food Program applying to operate the Program at the same sites where they provide meals
through the aforementioned Programs, is not required to submit a management plan as
described under § 225.6(e) or further demonstrate financial and administrative capability for
Program operations.

(ii) If the State agency has reason to believe that financial or administrative capability would pose
significant challenges for an applicant sponsor which is a school food authority in the National
School Lunch Program or School Breakfast Program, as applicable, or an institution in the Child
and Adult Care Food Program, the State agency may request a Management plan or additional
evidence of financial and administrative capability sufficient to ensure that the school food
authority or institution has the ability and resources to operate the Program.
(iii) If the State agency approving the application for the Program is not responsible for the
administration of the National School Lunch Program or the Child and Adult Care Food
Program, the State agency must develop a process for sharing information with the agency
responsible for approving these programs in order to receive documentation of the applicant
sponsor's financial and administrative capability.
(2) Has not been seriously deficient in operating the Program;
(3) Will conduct a regularly scheduled food service for children from areas in which poor economic
conditions exist, or qualifies as a camp or a conditional non-congregate site;
(4) Has adequate supervisory and operational personnel for overall monitoring and management of
each site, including a site supervisor, and adequate personnel to conduct the visits and reviews
required in § 225.15(d)(2) and (3), as demonstrated in the management plan submitted with the
program application described under § 225.6(e);
(5) Provides an ongoing year-round service to the community which it proposes to serve under the
Program, except as provided for in § 225.6(b)(4);
(6) Certifies that all sites have been visited and have the capability and the facilities to provide the meal
service planned for the number of children anticipated to be served; and
(7) Enters into a written agreement with the State agency upon approval of its application, as required in
§ 225.6(i).
(d) Requirements specific to sponsor types.
(1) If the sponsor is a camp, it must certify that it will collect information on participants' eligibility to
support its claim for reimbursement.
(2) If the sponsor administers the Program at sites that provide summer school sessions, it must ensure
that these sites are open to children enrolled in summer school and to all children residing in the
area served by the site.
(3) Sponsors which are units of local, municipal, county, or State government, and sponsors which are
private nonprofit organizations, will only be approved to administer the Program at sites where they
have administrative oversight. Administrative oversight means that the sponsor shall be responsible
for:

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(i)

7 CFR 225.14(d)(3)(i)

Maintaining contact with meal service staff, ensuring that there is adequately trained meal
service staff on site, monitoring the meal service throughout the period of Program
participation, and terminating meal service at a site if staff fail to comply with Program
regulations; and

(ii) Exercising management control over Program operations at sites throughout the period of
Program participation by performing the functions specified in § 225.15.
(4) If the sponsor administers NYSP sites, it must ensure that all children at these sites are enrolled
participants in the NYSP.
(5) If the sponsor is a private nonprofit organization, it must certify that it:
(i)

Exercises full control and authority over the operation of the Program at all sites under the
sponsorship of the organization;

(ii) Provides ongoing year-round activities for children or families;
(iii) Demonstrates that the organization has adequate management and the fiscal capacity to
operate the Program;
(iv) Is an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under 501(a) of that Code; and
(v) Meets applicable State and local health, safety, and sanitation standards.
(6) If the sponsor operates a non-congregate meal service that will deliver meals directly to a child's
residence, it must obtain written parental consent prior to providing meals to children in that
household.
(7) If the sponsor operates a conditional non-congregate site, it must certify that it will collect
information to determine children's Program eligibility to support its claim for reimbursement.
(8) If the sponsor is not a school food authority, it must enter into a written agreement or Memorandum
of Understanding (MOU) with the State agency or school food authority if it chooses to receive
school data for the purposes of identifying eligible children and determining children's Program
eligibility, as required under § 225.15(k).
[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13469, Apr. 10, 1990; 64 FR 72486, Dec. 28, 1999; 64 FR 72898, Dec. 29, 1999;
65 FR 50128, Aug. 17, 2000; 78 FR 13450, Feb. 28, 2013; 83 FR 25360, June 1, 2018; 87 FR 57364, Sept. 19, 2022; 88 FR 90353,
Dec. 29, 2023]

§ 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
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7 CFR 225.15(a)(3)

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(h)(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) All sponsors must 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.
(i)

The sponsor must make the adjustments necessary to achieve this objective using the results
from its monitoring of sites.

(ii) The sponsor must adjust the number of meals ordered or prepared whenever the number of
children receiving meals is below the maximum approved level of meal service.
(iii) The sponsor must 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).
(iv) Records of participation and of preparation or ordering of meals must be maintained to
demonstrate positive action toward meeting the objective of this paragraph (b)(3).
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7 CFR 225.15(b)(4)

(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 2 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 for congregate meals served. The State agency must 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 must be served only after all
participating children at the site's congregate meal service have been served a meal. Second meals
may not be served as part of a non-congregate meal service.
(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 must hold Program training sessions for its administrative and site personnel and
must not allow a 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.
(i)

Training of site personnel must, at a minimum, include: the purpose of the Program; site
eligibility; recordkeeping; site operations, including both congregate and non-congregate meal
services; meal pattern requirements; and the duties of a monitor.

(ii) Each sponsor must ensure that its administrative personnel attend State agency training
provided to sponsors, and sponsors must 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.
(iii) Each site must have present at each meal service at least one person who has received this
training.
(2) Sponsors must conduct pre-operational visits for new sites, sites that experienced operational
problems the previous year, and existing sites that are new to non-congregate meal service, to
determine that the sites have the capacity to provide meal service for the anticipated number of
children in attendance and the capability to conduct the proposed meal service.

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7 CFR 225.15(d)(3)

(3) Sponsors must visit each of their sites, as specified in paragraphs (d)(3)(i) through (iv) of this
section, at least once during the first two weeks of program operations and must promptly take such
actions as are necessary to correct any deficiencies. In cases where the site operates for seven
calendar days or fewer, the visit must be conducted during the period of operation. Sponsors must
conduct these visits for:
(i)

All new sites;

(ii) All existing sites that are new to providing non-congregate meal service;
(iii) All sites that have been determined by the sponsor to need a visit based on criteria established
by the State agency pertaining to operational problems noted in the prior year, as set forth in §
225.7(o); and
(iv) Any other sites that the State agency has determined need a visit.
(4) Sponsors must conduct a full review of food service operations at each site at least once during the
first four weeks of Program operations, and thereafter must maintain a reasonable level of site
monitoring. Sponsors must complete a monitoring form developed by the State agency during the
conduct of these reviews. Sponsors may conduct a full review of food service operations at the
same time they are conducting a site visit required under paragraph (d)(3) of this section.
(e) Notification to the community. Each sponsor must annually announce in the media serving the area from
which it draws its attendance the availability of free meals. Sponsors of camps, closed enrolled sites, and
conditional non-congregate sites must notify participants of the availability of free meals and if a free
meal application is needed, as outlined in paragraph (f) of this section. For sites that use free meal
applications to determine individual eligibility, notification to enrolled children must 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
(including gender identity and sexual orientation), age, or disability. State agencies may issue a media
release for all sponsors operating SFSP sites in the State as long as the notification meets the
requirements in this section.
(f) Application for free Program meals—
(1) Purpose of application form. The application is used to determine the eligibility of children attending
camps and the eligibility of sites that do not meet the requirements in paragraphs (1) through (3) of
the definition of “areas in which poor economic conditions exist” in § 225.2.
(2) Application procedures based on household income. The household member completing the
application on behalf of the child enrolled in the Program must provide the following information:
(i)

The names of all children for whom application is made;

(ii) The names of all other household members;
(iii) The last four digits of the social security number of the adult household member who signs the
application or an indication that the household member does not have a social security number;
(iv) The income received by each household member identified by source of income;
(v) The signature of an adult household member;
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7 CFR 225.15(f)(2)(vi)

(vi) The date the application is completed and signed.
(3) Application based on the household's receipt of SNAP, FDPIR, or TANF benefits. Households may
apply on the basis of receipt of SNAP, FDPIR, or TANF benefits by providing the following
information:
(i)

The name(s) and SNAP, FDPIR, or TANF case number(s) of the child(ren) who are enrolled in the
Program; and

(ii) The signature of an adult household member.
(4) Information or notices required on application forms. Application forms or descriptive materials given
to households about applying for free meals must contain the following information:
(i)

The family-size and income levels for reduced price school meal eligibility with an explanation
that households with incomes less than or equal to these values are eligible for free Program
meals (NOTE: The income levels for free school meal eligibility must not be included on the
application or in other materials given to the household).

(ii) A statement that a foster child who is a member of a household that receives SNAP, FDPIR, or
TANF benefits is automatically eligible to receive free meals in the Program;
(iii) A statement informing households of how information provided on the application will be used.
Each application for free meals must include substantially the following statement:
(A) “The Richard B. Russell National School Lunch Act requires the information on this
application. You do not have to give the information, but if you do not, we cannot approve
your child for free or reduced-price meals. You must include the last four digits of the
social security number of the adult household member who signs the application. The last
four digits of the social security number are not required when you apply on behalf of a
foster child or you list a Supplemental Nutrition Assistance Program (SNAP), Temporary
Assistance for Needy Families (TANF) Program or Food Distribution Program on Indian
Reservations (FDPIR) case number or other FDPIR identifier for your child or when you
indicate that the adult household member signing the application does not have a social
security number. We MAY share your eligibility information with education, health, and
nutrition programs to help them evaluate, fund, or determine benefits for their programs,
and with auditors for program reviews and law enforcement officials to help them look
into violations of program rules.”
(B) When the State agency or sponsor, as appropriate, plans to use or disclose children's
eligibility information for non-program purposes, additional information, as specified in
paragraph (i) of this section, must be added to the statement. State agencies and
sponsors are responsible for drafting the appropriate notice.
(iv) The statement used to inform the household about the use of social security numbers must
comply with the Privacy Act of 1974 (Pub. L. 93-579). If a State or local agency plans to use the
social security numbers for uses not described in paragraph (f)(4)(iv) of this section, the notice
must be revised to explain those uses.
(v) Examples of income that should be provided on the application, including: Earnings, wages,
welfare benefits, pensions, support payments, unemployment compensation, social security,
and other cash income;

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7 CFR 225.15(f)(4)(vi)

(vi) A notice placed immediately above the signature block stating that the person signing the
application certifies that all information provided is correct, that the household is applying for
Federal benefits in the form of free Program meals, that Program officials may verify the
information on the application, and that purposely providing untrue or misleading statements
may result in prosecution under State or Federal criminal laws; and
(vii) A statement that if SNAP, FDPIR, or TANF case numbers are provided, they may be used to
verify the current SNAP, FDPIR, or TANF certification for the children for whom free meals
benefits are claimed.
(5) Verifying information on Program applications. Households selected to verify information on their
Program applications must be notified in writing that:
(i)

They will lose Program benefits or be terminated from participation if they do not cooperate
with the verification process;

(ii) They will be given the name and phone number of an official who can assist in the verification
process;
(iii) Verification may occur during program reviews, audits, and investigations;
(iv) Verification may include contacting employers, SNAP or welfare offices, or State employment
offices to determine the accuracy of statements on the application about income, receipt of
SNAP, FDPIR, TANF, or unemployment benefits; and
(v) They may lose benefits or face claims or legal action if incorrect information is reported on the
application.
(g) Disclosure of children's free and reduced price meal eligibility information to certain programs and
individuals without parental consent. The State agency or sponsor, as appropriate, may disclose
aggregate information about children eligible for free and reduced price meals to any party without
parental notification and consent when children cannot be identified through release of the aggregate
data or by means of deduction. Additionally, the State agency or sponsor may disclose information that
identifies children eligible for free and reduced price meals to the programs and the individuals specified
in this paragraph (g) without parent/guardian consent. The State agency or sponsor that makes the free
and reduced price meal eligibility determination is responsible for deciding whether to disclose program
eligibility information.
(1) Persons authorized to receive eligibility information. Only persons directly connected with the
administration or enforcement of a program or activity listed in paragraphs (g)(2) or (g)(3) of this
section may have access to children's free and reduced price meal eligibility information, without
parental consent. Persons considered directly connected with administration or enforcement of a
program or activity listed in paragraphs (g)(2) or (g)(3) of this section are Federal, State, or local
program operators responsible for the ongoing operation of the program or activity or persons
responsible for program compliance. Program operators may include persons responsible for
carrying out program requirements and monitoring, reviewing, auditing, or investigating the program.
Program operators may include contractors, to the extent those persons have a need to know the
information for program administration or enforcement. Contractors may include evaluators,
auditors, and others with whom Federal or State agencies and program operators contract with to
assist in the administration or enforcement of their program in their behalf.

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7 CFR 225.15(g)(2)

(2) Disclosure of children's names and free or reduced price meal eligibility status. The State agency or
sponsor, as appropriate, may disclose, without parental consent, only children's names and eligibility
status (whether they are eligible for free meals or reduced price meals) to persons directly
connected with the administration or enforcement of:
(i)

A Federal education program;

(ii) A State health program or State education program administered by the State or local education
agency;
(iii) A Federal, State, or local means-tested nutrition program with eligibility standards comparable
to the National School Lunch Program (i.e., food assistance programs for households with
incomes at or below 185 percent of the Federal poverty level); or
(3) Disclosure of all eligibility information. In addition to children's names and eligibility status, the State
agency or sponsor, as appropriate, may disclose, without parental consent, all eligibility information
obtained through the free and reduced price meal eligibility process (including all information on the
application or obtained through direct certification) to:
(i)

Persons directly connected with the administration or enforcement of programs authorized
under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966. This
means that all eligibility information obtained for the Summer Food Service Program may be
disclosed to persons directly connected with administering or enforcing regulations under the
National School Lunch Program, Special Milk Program, School Breakfast Program, Child and
Adult Care Food Program, and the Special Supplemental Nutrition Program for Women, Infants
and Children (WIC) (parts 210, 215, 220, 226 and 246, respectively, of this chapter);

(ii) The Comptroller General of the United States for purposes of audit and examination; and
(iii) Federal, State, and local law enforcement officials for the purpose of investigating any alleged
violation of the programs listed in paragraphs (g)(2) and (g)(3) of this section.
(4) Use of free and reduced price meals eligibility information by programs other than Medicaid or the
Children's Health Insurance Program (CHIP). State agencies and sponsors may use children's free
and reduced price meal eligibility information for administering or enforcing the Summer Food
Service Program. Additionally, any other Federal, State, or local agency charged with administering or
enforcing the Summer Food Service Program may use the information for that purpose. Individuals
and programs to which children's free or reduced price meal eligibility information has been
disclosed under this section may use the information only in the administration or enforcement of
the receiving program. No further disclosure of the information may be made.
(h) Disclosure of children's free or reduced price meal eligibility information to Medicaid and/or CHIP, unless
parents decline. Children's free or reduced price meal eligibility information only may be disclosed to
Medicaid or CHIP when both the State agency and the sponsor so elect, the parental/guardian does not
decline to have their eligibility information disclosed and the other provisions described in paragraph
(h)(1) of this section are met. The State agency or sponsor, as appropriate, may disclose children's names,
eligibility status (whether they are eligible for free or reduced price meals), and any other eligibility
information obtained through the free and reduced price meal applications or obtained through direct
certification to persons directly connected with the administration of Medicaid or CHIP. Persons directly
connected to the administration of Medicaid and CHIP are State employees and persons authorized under
Federal and State Medicaid and CHIP requirements to carry out initial processing of Medicaid or CHIP
applications or to make eligibility determinations for Medicaid or CHIP.
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7 CFR 225.15(h)(1)

(1) The State agency must ensure that:
(i)

The sponsors and health insurance program officials have a written agreement that requires the
health insurance program agency to use the eligibility information to seek to enroll children in
Medicaid and CHIP; and

(ii) Parents/guardians are notified that their eligibility information may be disclosed to Medicaid or
CHIP and given an opportunity to decline to have their children's eligibility information
disclosed, prior to any disclosure.
(2) Use of children's free and reduced price meal eligibility information by Medicaid/CHIP. Medicaid and
CHIP agencies and health insurance program operators receiving children's free and reduced price
meal eligibility information must use the information to seek to enroll children in Medicaid or CHIP.
The Medicaid and CHIP enrollment process may include targeting and identifying children from lowincome households who are potentially eligible for Medicaid or CHIP for the purpose of seeking to
enroll them in Medicaid or CHIP. No further disclosure of the information may be made. Medicaid
and CHIP agencies and health insurance program operators also may verify children's eligibility in a
program under the Child Nutrition Act of 1966 or the Richard B. Russell National School Lunch Act.
(i)

Notifying households of potential uses and disclosures of children's free and reduced price meal eligibility
information. Households must be informed that the information they provide on the free and reduced
price meal application will be used to determine eligibility for free or reduced price meals and that their
eligibility information may be disclosed to other programs.
(1) For disclosures to programs, other than Medicaid or the Children's Health Insurance Program (CHIP),
that are permitted access to children's eligibility information, without parental/guardian consent, the
State agency or sponsor, as appropriate, must notify parents/guardians at the time of application
that their children's free or reduced price meal eligibility information may be disclosed. The State
agency or sponsor, as appropriate, must add substantially the following statement to the statement
required under paragraph (f)(4)(iv) of this section, “We may share your eligibility information with
education, health, and nutrition programs to help them evaluate, fund, or determine benefits for their
programs; auditors for program reviews; and law enforcement officials to help them look into
violations of program rules.” For children determined eligible for free meals through the direct
certification, the notice of potential disclosure may be included in the document informing parents/
guardians of their children's eligibility for free meals through direct certification.
(2) For disclosure to Medicaid or CHIP, the State agency or sponsor, as appropriate, must notify parents/
guardians that their children's free or reduced price meal eligibility information will be disclosed to
Medicaid and/or CHIP unless the parent/guardian elects not to have their information disclosed and
notifies the State agency or sponsor, as appropriate, by a date specified by the State agency or
sponsor, as appropriate. Only the parent or guardian who is a member of the household or family for
purposes of the free and reduced price meal application may decline the disclosure of eligibility
information to Medicaid or CHIP. The notification must inform parents/guardians that they are not
required to consent to the disclosure, that the information, if disclosed, will be used to identify
eligible children and seek to enroll them in Medicaid or CHIP, and that their decision will not affect
their children's eligibility for free or reduced price meals. The notification may be included in the
letter/notice to parents/guardians that accompanies the free and reduced price meal application, on
the application itself or in a separate notice provided to parents/guardians. The notice must give
parents/guardians adequate time to respond if they do not want their information disclosed. The
State agency or sponsor, as appropriate, must add substantially the following statement to the
statement required under paragraph (f) of this section, “We may share your information with

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7 CFR 225.15(j)

Medicaid or the Children's Health Insurance Program, unless you tell us not to. The information, if
disclosed, will be used to identify eligible children and seek to enroll them in Medicaid or CHIP.” For
children determined eligible for free meals through direct certification, the notice of potential
disclosure and opportunity to decline the disclosure may be included in the document informing
parents/guardians of their children's eligibility for free meals through direct certification process.
(j)

Other disclosures. State agencies and sponsors that plan to use or disclose information about children
eligible for free and reduced price meals in ways not specified in this section must obtain written consent
from children's parents or guardians prior to the use or disclosure.
(1) The consent must identify the information that will be shared and how the information will be used.
(2) There must be a statement informing parents and guardians that failing to sign the consent will not
affect the child's eligibility for free meals and that the individuals or programs receiving the
information will not share the information with any other entity or program.
(3) Parents/guardians must be permitted to limit the consent only to those programs with which they
wish to share information.
(4) The consent statement must be signed and dated by the child's parent or guardian who is a member
of the household for purposes of the free and reduced price meal application.

(k) Agreements with programs/individuals receiving children's free or reduced price meal eligibility
information. Agreements or Memoranda of Understanding (MOU) are recommended or required as
follows:
(1) The State agency or sponsor, as appropriate, should have a written agreement or MOU with programs
or individuals receiving eligibility information, prior to disclosing children's free and reduced price
meal eligibility information. The agreement or MOU should include information similar to that
required for disclosures to Medicaid and CHIP specified in paragraph (k)(2) of this section.
(2) For disclosures to Medicaid or CHIP, the State agency or sponsor, as appropriate, must have a written
agreement with the State or local agency or agencies administering Medicaid or CHIP prior to
disclosing children's free or reduced price meal eligibility information to those agencies. At a
minimum, the agreement must:
(i)

Identify the health insurance program or health agency receiving children's eligibility
information;

(ii) Describe the information that will be disclosed;
(iii) Require that the Medicaid or CHIP agency use the information obtained and specify that the
information must be used to seek to enroll children in Medicaid or CHIP;
(iv) Require that the Medicaid or CHIP agency describe how they will use the information obtained;
(v) Describe how the information will be protected from unauthorized uses and disclosures;
(vi) Describe the penalties for unauthorized disclosure; and
(vii) Be signed by both the Medicaid or CHIP program or agency and the State agency or sponsor, as
appropriate.

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(l)

7 CFR 225.15(l)

Penalties for unauthorized disclosure or misuse of children's free and reduced price meal eligibility
information. In accordance with section 9(b)(6)(C) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)(6)(C)), any individual who publishes, divulges, discloses or makes known in any
manner, or to any extent not authorized by statute or this section, any information obtained under this
section will be fined not more than $1,000 or imprisoned for up to 1 year, or both.

(m) Food service management companies.
(1) Failure by a sponsor to comply with the provisions of this section shall be sufficient grounds for the
State agency to terminate that sponsor's participation in accordance with § 225.18.
(2) Any sponsor may contract with a food service management company to manage the sponsor's food
service operations and/or for the preparation of unitized meals with or without milk or juice.
Exceptions to the unitizing requirement may only be made in accordance with the provisions set
forth at § 225.6(l)(3).
(3) Any vended sponsor shall be responsible for ensuring that its food service operation is in conformity
with its agreement with the State agency and with all the applicable provisions of this part.
(4) In addition to any applicable State or local laws governing bid procedures, and with the exceptions
identified in this paragraph, each sponsor which contracts with a food service management
company shall comply with the competitive bid procedures described in this paragraph. Sponsors
that are schools or school food authorities and have an exclusive contract with a food service
management company for year-round service, and sponsors whose total contracts with food service
management companies will not exceed the simplified acquisition threshold in 2 CFR part 200, as
applicable, shall not be required to comply with these procedures. These exceptions do not relieve
the sponsor of the responsibility to ensure that competitive procurement procedures are followed in
contracting with any food service management company. Each sponsor whose proposed contract is
subject to the specific bid procedures set forth in this paragraph shall ensure, at a minimum, that:
(i)

All proposed contracts are publicly announced at least once, not less than 14 calendar days
prior to the opening of bids, and the announcement includes the time and place of the bid
opening;

(ii) The bids are publicly opened;
(iii) The State agency is notified, at least 14 calendar days prior to the opening of the bids, of the
time and place of the bid opening;
(iv) The invitation to bid does not specify a minimum price;
(v) The invitation to bid contains a cycle menu approved by the State agency upon which the bid is
based;
(vi) The invitation to bid contains food specifications and meal quality standards approved by the
State agency upon which the bid is based;
(vii) The invitation to bid does not specify special meal requirements to meet ethnic or religious
needs unless such special requirements are necessary to meet the needs of the children to be
served;
(viii) Neither the invitation to bid nor the contract provides for loans or any other monetary benefit or
term or condition to be made to sponsors by food service management companies;
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7 CFR 225.15(m)(4)(ix)

(ix) Nonfood items are excluded from the invitation to bid, except where such items are essential to
the conduct of the food service;
(x) Copies of all contracts between sponsors and food service management companies, along with
a certification of independent price determination, are submitted to the State agency prior to
the beginning of Program operations;
(xi) Copies of all bids received are submitted to the State agency, along with the sponsor's reason
for choosing the successful bidder; and
(xii) All bids in an amount which exceeds the lowest bid and all bids totaling the amount specified in
the small purchase threshold in 2 CFR part 200, as applicable, or more are submitted to the
State agency for approval before acceptance. State agencies shall respond to a request for
approval of such bids within 5 working days of receipt.
(5) Each food service management company which submits a bid exceeding the simplified acquisition
threshold in 2 CFR part 200, as applicable, shall obtain a bid bond in an amount not less than 5
percent nor more than 10 percent, as determined by the sponsor, of the value of the contract for
which the bid is made. A copy of the bid bond shall accompany each bid.
(6) Each food service management company which enters into a food service contract exceeding the
small purchase threshold in 2 CFR part 200, as applicable, with a sponsor shall obtain a performance
bond in an amount not less than 10 percent nor more than 25 percent of the value of the contract for
which the bid is made, as determined by the State agency. Any food service management company
which enters into more than one contract with any one sponsor shall obtain a performance bond
covering all contracts if the aggregate amount of the contracts exceeds the simplified acquisition
threshold in 2 CFR part 200, as applicable. Sponsors shall require the food service management
company to furnish a copy of the performance bond within ten days of the awarding of the contract.
(7) Food service management companies shall obtain bid bonds and performance bonds only from
surety companies listed in the current Department of the Treasury Circular 570. No sponsor or State
agency shall allow food service management companies to post any “alternative” forms of bid or
performance bonds, including but not limited to cash, certified checks, letters of credit, or escrow
accounts.
(n) Other responsibilities. Sponsors shall comply with all of the meal service requirements set forth in §
225.16.
[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13470, Apr. 10, 1990; 61 FR 25553, May 22, 1996; 64 FR 72486, Dec. 28, 1999;
64 FR 72898, Dec. 29, 1999; 65 FR 82251, Dec. 28, 2000; 66 FR 2202, Jan. 11, 2001; 72 FR 10895, Mar. 12, 2007; 76 FR 22798,
Apr. 25, 2011; 78 FR 13450, Feb. 28, 2013; 83 FR 25360, June 1, 2018; 84 FR 15501, Apr. 16, 2019; 87 FR 57355, 57364, Sept. 19,
2022; 88 FR 90354, Dec. 29, 2023]

§ 225.16 Meal service requirements.
(a) Sanitation. Sponsors shall ensure that in storing, preparing, and serving food, proper sanitation and health
standards are met which conform with all applicable State and local laws and regulations. Sponsors shall
ensure that adequate facilities are available to store food or hold meals. Within two weeks of receiving
notification of their approval, but in any case prior to commencement of Program operation, sponsors
shall submit to the State agency a copy of their letter advising the appropriate health department of their
intention to provide a food service during a specific period at specific sites.
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7 CFR 225.16(b)

(b) Meal services. The meals which may be served under the Program are breakfast, lunch, supper, and
supplements, referred to from this point as “snacks.” No sponsor may be approved to provide more than
two snacks per day. A sponsor may claim reimbursement only for the types of meals for which it is
approved under its agreement with the State agency. A sponsor may only be reimbursed for meals served
in accordance with this section.
(1) Camps. Sponsors of camps shall only be reimbursed for meals served in camps to children from
families which meet the eligibility standards for this Program. The sponsor shall maintain a copy of
the documentation establishing the eligibility of each child receiving meals under the Program. Meal
service at camps shall be subject to the following provisions:
(i)

Each day a camp may serve up to three meals or two meals and one snack;

(ii) Residential camps are not subject to the time restrictions for meal service set forth at
paragraphs (c) (1) and (2) of this section; and
(iii) A camp shall be approved to serve these meals only if it has the administrative capability to do
so; if the service period of the different meals does not coincide or overlap; and, where
applicable, if it has adequate food preparation and holding facilities.
(2) NYSP Sites. Sponsors of NYSP sites shall only be reimbursed for meals served to enrolled NYSP
participants at these sites.
(3) Restrictions on the number and type of meals served. Food service sites other than camps and sites
that primarily serve migrant children may serve either:
(i)

One meal each day, a breakfast, a lunch, or snack; or

(ii) Two meals each day, if one is a lunch and the other is a breakfast or a snack.
(4) Sites which serve children of migrant families. Food service sites that primarily serve children from
migrant families may be approved to serve each day up to three meals or two meals and one snack.
These sites shall serve children in areas where poor economic conditions exist as defined in § 225.2.
A sponsor which operates in accordance with this part shall receive reimbursement for all meals
served to children at these sites. A site which primarily serves children from migrant families shall
only be approved to serve more than one meal each day if it has the administrative capability to do
so; if the service period of the different meals does not coincide or overlap; and, where applicable, if
it has adequate food preparation and holding facilities.
(5) Non-congregate meal service. A sponsor of a site must have the administrative capability; the
capacity to meet State and local health, safety, and sanitation requirements; and, where applicable,
have adequate food preparation and holding facilities to be approved to serve non-congregate
meals. Sponsors of sites that are approved to provide non-congregate meals in rural areas with no
congregate meal service must:
(i)

Obtain prior written parental consent, if meals are to be delivered to a child's home, as
described in § 225.14(d)(6).

(ii) Serve meals as described in paragraph (b)(3) of this section.
(iii) Comply with meal service time requirements described in paragraphs (c)(1), (4), and (5) of this
section.

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7 CFR 225.16(b)(5)(iv)

(iv) Claim reimbursement for all eligible meals served to children at sites in areas in which poor
economic conditions exist, as defined in § 225.2. At all other sites, only the non-congregate
meals served to children who meet the eligibility standards for this Program may be
reimbursed.
(c) Meal service times.
(1) Meal service times must be:
(i)

Established by sponsors for each site;

(ii) Included in the sponsor's application; and
(iii) Approved by the State agency. Approval of meal service times must be in accordance with the
State agency or sponsor's capacity to monitor the full meal service during a review.
(2) Except for non-congregate meal service, breakfast meals must be served at or close to the beginning
of a child's day. Three component meals served after a lunch or supper meal service are not eligible
for reimbursement as a breakfast.
(3) At all sites except residential camps and non-congregate meal service, meal services must start at
least one hour after the end of the previous meal or snack.
(4) Meals served outside the approved meal service time:
(i)

Are not eligible for reimbursement; and

(ii) May be approved for reimbursement by the State agency only if an unanticipated event, outside
of the sponsor's control, occurs. The State agency may request documentation to support
approval of meals claimed when an unanticipated event occurs.
(5) The State agency must approve any permanent or planned changes in meal service time.
(6) If congregate meals are not prepared on site:
(i)

Meal deliveries must arrive before the approved meal service time; and

(ii) Meals must be delivered within one hour of the start of the meal service if the site does not
have adequate storage to hold hot or cold meals at the temperatures required by State or local
health regulations.
(d) Meal patterns. The meal requirements for the Program are designed to provide nutritious and wellbalanced meals to each child. Sponsors must ensure that meals served meet all of the requirements.
Except as otherwise provided in this section, the following tables present the minimum requirements for
meals served to children in the Program. Children age 12 and up may be served larger portions based on
the greater food needs of older children.
(1) Breakfast. The minimum amount of food components to be served as breakfast are as follows:

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(2) Lunch or supper. The minimum amounts of food components to be served as lunch or supper are as
follows:
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7 CFR 225.16(d)(3)

(3) Snacks. The minimum amounts of food components to be served as snacks are as follows. Select
two of the following four components. (Juice may not be served when milk is served as the only
other component.)

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7 CFR 225.16(e)

(e) Meat or meat alternate. Meat or meat alternates served under the Program are subject to the following
requirements and recommendations.
(1) The required quantity of meat or meat alternate shall be the quantity of the edible portion as served.
These foods must be served in a main dish, or in a main dish and one other menu item.
(2) Cooked dry beans or peas may be used as a meat alternate or as a vegetable, but they may not be
used to meet both component requirements in a meal.
(3) Enriched macaroni with fortified protein may be used to meet part but not all of the meat/meat
alternate requirement. The Department will provide guidance to State agencies on the part of the
meat/meat alternate requirement which these foods may be used to meet. If enriched macaroni with
fortified protein is served as a meat alternate it shall not be counted toward the bread requirement.
(4) If the sponsor determines that the recommended portion size of any meat or meat alternate is too
large to be appealing to children, the sponsor may reduce the portion size of that meat or meat
alternate and supplement it with another meat or meat alternate to meet the full requirement.
(5) Nuts and seeds and their butters listed in program guidance are nutritionally comparable to meat or
other meat alternates based on available nutritional data. Acorns, chestnuts, and coconuts shall not
be used as meat alternates due to their low protein content. Nut and seed meals or flours shall not
be used as a meat alternate except as defined in this section under paragraph (e)(3) and in this part
under Appendix A: Alternate Foods for Meals. As noted in paragraph (d)(2) of this section, nuts or
seeds may be used to meet no more than one-half of the meat/meat alternate requirement for lunch
or supper. Therefore, nuts or seeds must be combined with another meat/meat alternate to fulfill the
requirement. For the supplemental food pattern, nuts or seeds may be used to fulfill all of the meat/
meat alternate requirement.
(f) Exceptions to and variations from the meal pattern —
(1) Meals provided by school food authorities —
(i)

Meal pattern substitution. School food authorities that are Program sponsors and that
participate in the National School Lunch or School Breakfast Program during any time of the
year may substitute the meal pattern requirements of the regulations governing those programs
(Parts 210 and 220 of this chapter, respectively) for the meal pattern requirements in this
section.

(ii) Offer versus serve. School food authorities that are Program sponsors may permit a child to
refuse one or more items that the child does not intend to eat. The reimbursements to school
food authorities for Program meals served under this “offer versus serve” option must not be
reduced because children choose not to take all components of the meals that are offered. The
school food authority may elect to use the following options:
(A) Provide meal service consistent with the National School Lunch Program, as described in
part 210 of this chapter.
(B) Provide breakfast meals by offering four items from all three components specified in the
meal pattern in paragraph (d)(1) of this section. Children may be permitted to decline one
item.

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7 CFR 225.16(f)(1)(ii)(C)

(C) Provide lunch or supper meals by offering five food items from all four components
specified in the meal pattern in paragraph (d)(2) of this section. Children may be permitted
to decline two components.
(2) Children under 6. The State agency may authorize the sponsor to serve food in smaller quantities
than are indicated in paragraph (d) of this section to children under six years of age if the sponsor
has the capability to ensure that variations in portion size are in accordance with the age levels of
the children served. Sponsors wishing to serve children under one year of age shall first receive
approval to do so from the State agency. In both cases, the sponsor shall follow the age-appropriate
meal pattern requirements contained in the Child and Adult Care Food Program regulations (7 CFR
part 226).
(3) Statewide substitutions. In American Samoa, Puerto Rico, Guam, the Virgin Islands, the Trust
Territory of the Pacific Islands, and the Northern Mariana Islands, the following variations from the
meal requirements are authorized: A serving of a starchy vegetable—such as ufi, tanniers, yams,
plantains, or sweet potatoes—may be substituted for the bread requirements.
(4) Individual substitutions. Substitutions may be made by sponsors in food listed in paragraph (d) of
this section if individual participating children are unable, because of medical or other special dietary
needs, to consume such foods. Such substitutions shall be made only when supported by a
statement from a recognized medical authority which includes recommended alternate foods. Such
statement shall be kept on file by the sponsor.
(5) Special variations. FNS may approve variations in the food components of the meals on an
experimental or a continuing basis for any sponsor where there is evidence that such variations are
nutritionally sound and are necessary to meet ethnic, religious, economic, or physical needs.
(6) Temporary unavailability of milk. If emergency conditions prevent a sponsor normally having a supply
of milk from temporarily obtaining milk deliveries, the State agency may approve the service of
breakfasts, lunches or suppers without milk during the emergency period.
(7) Continuing unavailability of milk. The inability of a sponsor to obtain a supply of milk on a continuing
basis shall not bar it from participation in the Program. In such cases, the State agency may approve
service of meals without milk, provided that an equivalent amount of canned, whole dry or nonfat dry
milk is used in the preparation of the milk components set forth in paragraph (d) of this section. In
addition, the State agency may approve the use of nonfat dry milk in meals served to children
participating in activities which make the service of fluid milk impracticable, and in locations which
are unable to obtain fluid milk. Such authorization shall stipulate that nonfat dry milk be
reconstituted at normal dilution and under sanitary conditions consistent with State and local health
regulations.
(8) Additional foods. To improve the nutrition of participating children, additional foods may be served
with each meal.
(g) Meals served away from approved locations.
(1) Sponsors may be reimbursed for meals served away from the approved site location when the
following conditions are met:
(i)

The sponsor notifies the State agency in advance that meals will be served away from the
approved site;

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7 CFR 225.16(g)(1)(ii)

(ii) The State agency has determined that all Program requirements in this part will be met,
including applicable State and local health, safety, and sanitation standards;
(iii) The meals are served at the approved meal service time, unless a change is approved by the
State agency, as required under paragraph (c) of this section; and
(iv) Sponsors of open sites continue operating at the approved location. If not possible, the State
agency may permit an open site to close, in which case the sponsor must notify the community
of the change in meal service and provide information about alternative open sites.
(2) The State agency may determine that meals served away from the approved site location are not
reimbursable if the sponsor did not provide notification in advance of the meal service. The State
agency may establish guidelines for the amount of advance notice needed.
(h) Off-site consumption of food items. For congregate meal services, sponsors may allow a child to take one
fruit, vegetable, or grain item off-site for later consumption without prior State agency approval provided
that all applicable State and local health, safety, and sanitation standards will be met. Sponsors should
only allow an item to be taken off-site if the site has adequate staffing to properly administer and monitor
the site. A State agency may prohibit individual sponsors on a case-by-case basis from using this option if
the State agency determines that the sponsor's ability to provide adequate oversight is in question. The
State agency's decision to prohibit a sponsor from utilizing this option is not an appealable action.
(i)

Non-congregate meal service options. The options described in this paragraph (i) are available to all types
of sponsors in good standing, as defined in § 225.2, that are approved to operate non-congregate meal
service sites. The State agency may limit the use of these options on a case-by-case basis, if it
determines that a sponsor does not have the capability to operate or oversee non-congregate meal
services at their sites. The State agency may not limit the use of options to only certain types of
sponsors. The State agency's decision to prohibit a sponsor from using the options described in this
paragraph (i) is not an appealable action. Sponsors in good standing may elect to use any of the following
options:
(1) Multi-day meal issuance. Approved sponsors may distribute up to the allowable number of
reimbursable meals that would be provided over a 10-calendar day period. The State agency may
establish a shorter time period, on a case-by-case basis. Sponsors electing this option must have
documented procedures, submitted with their application, in place to ensure that the proper number
of meals are distributed to each eligible child.
(2) Parent or guardian pick-up of meals. Approved sponsors may distribute meals to parents or
guardians to take home to their children. Sponsors electing this option must have documented
procedures, submitted with their application, in place to ensure that meals are only distributed to
parents or guardians of eligible children and that duplicate meals are not distributed to any child.
(3) Bulk meal components. Approved self-preparation sponsors may provide bulk food items that meet
the minimum amounts of each food component of a reimbursable meal breakfast, lunch, supper, or
snack, as described in paragraph (d) of this section. Sponsors electing this option must ensure that:
(i)

Required food components for each reimbursable meal are served, as described in paragraph
(d) of this section.

(ii) All food items that contribute to a reimbursable meal are clearly identifiable.
(ii) Menus are provided and clearly indicate the food items and portion sizes for each reimbursable
meal.
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7 CFR 225.16(i)(3)(iv)

(iv) Food preparation, such as heating or warming, is minimal. Sponsors may offer food items that
require further preparation only with State agency and FNSRO approval.
(v) The maximum number of reimbursable meals provided to a child does not exceed the number
of meals that could be provided over a 5-calendar day period. The State agency may establish a
shorter or longer time period, which may not exceed the time period for which the sponsor is
approved for multi-day meal issuance, on a case-by-case basis.
[54 FR 18208, Apr. 27, 1989, as amended at 54 FR 27153, June 28, 1989; Amdt. 2, 55 FR 1377, Jan. 14, 1990; 55 FR 13470, Apr.
10, 1990; 61 FR 37672, July 19, 1996; 62 FR 10191, Mar. 6, 1997; 64 FR 72487, Dec. 28, 1999; 64 FR 72487, Dec. 28, 1999; 65 FR
12437, Mar. 9, 2000; 65 FR 82251, Dec. 28, 2000; 87 FR 57365, Sept. 19, 2022; 87 FR 79213, Dec. 27, 2022; 88 FR 90354, Dec. 29,
2023]

Subpart D—General Administrative Provisions
§ 225.17 Procurement standards.
(a) State agencies and sponsors shall comply with the requirements of 2 CFR part 200, subpart D and USDA
implementing regulations 2 CFR part 400 and part 415, as applicable, concerning the procurement of
supplies, food, equipment and other services with Program funds. These requirements ensure that such
materials and services are obtained for the program efficiently and economically and in compliance with
applicable laws and executive orders. Sponsors may use their own procedures for procurement with
Program funds to the extent that:
(1) Procurements by public sponsors comply with applicable State or local laws and the standards set
forth in 2 CFR part 200, subpart F and USDA implementing regulations 2 CFR part 400 and part 415;
and
(2) Procurements by private nonprofit sponsors comply with standards set forth in 2 CFR part 200,
subpart F and USDA implementing regulations 2 CFR part 400 and part 415.
(b) The State agency shall make available to sponsors information on 2 CFR part 200, subpart D and USDA
implementing regulations 2 CFR part 400 and part 415, as applicable.
(c) Sponsors may use their own procurement procedures which reflect applicable State and local laws and
regulations, provided that procurements made with Program funds conform with provisions of this
section, as well as with procurement requirements which may be established by the State agency, with
approval of FNS, to prevent fraud, waste, and Program abuse.
(d) The State agency shall ensure that each sponsor is aware of the following practices specified in 2 CFR
part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, with
respect to minority business enterprises:
(1) Including qualified minority business enterprises on solicitation lists,
(2) Soliciting minority business enterprises whenever they are potential sources,
(3) When economically feasible, dividing total requirements into smaller tasks or quantities so as to
permit maximum participation by minority business enterprises,
(4) Establishing delivery schedules which will assist minority business enterprises to meet deadlines,
and

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7 CFR 225.17(d)(5)

(5) Using the services and assistance of the Small Business Administration, and the Office of Minority
Business Enterprise of the Department of Commerce as required.
(e) Geographic preference.
(1) Sponsors participating in the Program may apply a geographic preference when procuring
unprocessed locally grown or locally raised agricultural products. When utilizing the geographic
preference to procure such products, the sponsor making the purchase has the discretion to
determine the local area to which the geographic preference option will be applied;
(2) For the purpose of applying the optional geographic preference in paragraph (e)(1) of this section,
“unprocessed locally grown or locally raised agricultural products” means only those agricultural
products that retain their inherent character. The effects of the following food handling and
preservation techniques shall not be considered as changing an agricultural product into a product
of a different kind or character: Cooling; refrigerating; freezing; size adjustment made by peeling,
slicing, dicing, cutting, chopping, shucking, and grinding; forming ground products into patties
without any additives or fillers; drying/dehydration; washing; packaging (such as placing eggs in
cartons), vacuum packing and bagging (such as placing vegetables in bags or combining two or
more types of vegetables or fruits in a single package); addition of ascorbic acid or other
preservatives to prevent oxidation of produce; butchering livestock and poultry; cleaning fish; and the
pasteurization of milk.
(f) All contracts in excess of $10,000 must contain a clause allowing termination for cause or for
convenience by the sponsor including the manner by which it will be effected and the basis for
settlement.
[54 FR 18208, Apr. 27, 1989, as amended at 71 FR 39518, July 13, 2006; 76 FR 22607, Apr. 22, 2011; 81 FR 66492, Sept. 28, 2016;
83 FR 25361, June 1, 2018; 87 FR 57365, Sept. 19, 2022]

§ 225.18 Miscellaneous administrative provisions.
(a) Grant closeout procedures. Grant closeout procedures for the Program shall be in accordance with 2 CFR
part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable.
(b) Termination for cause.
(1) FNS may terminate a State agency's participation in the Program in whole, or in part, whenever it is
determined that the State agency has failed to comply with the conditions of the Program. FNS shall
promptly notify the State agency in writing of the termination and reason for the termination,
together with the effective date, and shall allow the State 30 calendar days to respond. In instances
where the State does respond, FNS shall inform the State of its final determination no later than 30
calendar days after the State responds.
(2) A State agency shall terminate a sponsor's participation in the Program by written notice whenever it
is determined by the State agency that the sponsor has failed to comply with the conditions of the
Program.
(3) When participation in the Program has been terminated for cause, any funds paid to the State agency
or a sponsor or any recoveries by FNS from the State agency or by the State agency from a sponsor
shall be in accordance with the legal rights and liabilities of the parties.

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7 CFR 225.18(c)

(c) Termination for convenience. FNS and the State agency may agree to terminate the State agency's
participation in the Program in whole, or in part, when both parties agree that the continuation of the
Program would not produce beneficial results commensurate with the further expenditure of funds. The
two parties shall agree upon the termination conditions, including the effective date, and in the case of
partial termination, the portion to be terminated. The State agency shall not incur new obligations for the
terminated portion after the effective date, and shall cancel as many outstanding obligations as possible.
The Department shall allow full credit to the State agency for the Federal share of the noncancellable
obligation properly incurred by the State agency prior to termination. A State agency may terminate a
sponsor's participation in the manner provided for in this paragraph.
(d) Maintenance of effort. Expenditure of funds from State and local sources for the maintenance of food
programs for children shall not be diminished as a result of funds received under the Act and a
certification to this effect shall become part of the agreement provided for in § 225.3(c).
(e) Program benefits. The value of benefits and assistance available under the Program shall not be
considered as income or resources of recipients and their families for any purpose under Federal, State or
local laws, including, but not limited to, laws relating to taxation, welfare, and public assistance programs.
(f) State requirements. Nothing contained in this part shall prevent a State agency from imposing additional
operating requirements which are not inconsistent with the provisions of this part, provided that such
additional requirements shall not deny the Program to an area in which poor economic conditions exist,
and shall not result in a significant number of needy children not having access to the Program. Prior to
imposing any additional requirements, the State agency must receive approval from FNSRO.
(g) Fraud penalty. Whoever embezzles, willfully misapplies, steals, or obtains by fraud any funds, assets, or
property that are the subject of a grant or other form of assistance under this part, whether received
directly or indirectly from the Department, or whoever receives, conceals, or retains such funds, assets, or
property to his use or gain, knowing such funds, assets, or property have been embezzled, willfully
misapplied, stolen or obtained by fraud shall, if such funds, assets, or property are of the value of $100 or
more, be fined not more than $25,000 or imprisoned not more than five years, or both, or if such funds,
assets, or property are of a value of less than $100, shall be fined not more than $1,000 or imprisoned for
not more than one year, or both.
(h) Claims adjustment authority. The Secretary shall have the authority to determine the amount of, to settle,
and to adjust any claim arising under the Program, and to compromise or deny such claim or any part
thereof. The Secretary shall also have the authority to waive such claims if the Secretary determines that
to do so would serve the purposes of the Program. This provision shall not diminish the authority of the
Attorney General of the United States under section 516 of title 28, U.S. Code, to conduct litigation on
behalf of the United States.
(i)

Data collection related to sponsors.
(1) Each State agency must collect data related to sponsors that have an agreement with the State
agency to participate in the program for each of Federal fiscal years 2006 through 2009, including
those sponsors that participated only for part of the fiscal year. Such data shall include:
(i)

The name of each sponsor;

(ii) The city in which each participating sponsor was headquartered and the name of the state;
(iii) The amount of funds provided to the participating organization, i.e., the sum of the amount of
federal funds reimbursed for operating and administrative cost; and
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7 CFR 225.18(i)(1)(iv)

(iv) The type of participating organization, e.g., government agency, educational institution, nonprofit organization/secular, non-profit organization/faith-based, and “other.”
(2) On or before August 31, 2007, and each subsequent year through 2010, State agencies must report
to FNS data as specified in paragraph (i)(1) of this section for the prior Federal fiscal year. State
agencies must submit this data in a format designated by FNS.
(j)

Program evaluations. States, State agencies, sponsors, sites and contractors must cooperate in studies
and evaluations conducted by or on behalf of the Department, related to programs authorized under the
Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966, as amended.

(k) Fines.
(1) A sponsor that is a school food authority may be subject to fines. The State agency may establish an
assessment when it has determined that the sponsor or its site has:
(i)

Failed to correct severe mismanagement of the Program;

(ii) Disregarded a Program requirement of which the sponsor or its site had been informed; or
(iii) Failed to correct repeated violations of Program requirements.
(2) FNS may direct the State agency to establish a fine against any sponsor when it has determined that
the sponsor or its site has committed one or more acts under paragraph (k)(1) of this section.
(3) Funds used to pay a fine established under this paragraph must be derived from non-Federal
sources. In calculating an assessment, the State agency must calculate the fine based on the
amount of Program reimbursement earned by the sponsor or its site for the most recent fiscal year
for which full year data is available, provided that the fine does not exceed the equivalent of:
(i)

For the first fine, 1 percent of the amount of meal reimbursement earned for the fiscal year;

(ii) For the second fine, 5 percent of the amount of meal reimbursement earned for the fiscal year;
and
(iii) For the third or subsequent fine, 10 percent of the amount of meal reimbursement earned for
the fiscal year.
(4) The State agency must inform FNS at least 30 days prior to establishing the fine under this
paragraph. The State agency must send the sponsor written notification of the fine established under
this paragraph and provide a copy of the notification to FNS. The notification must:
(i)

Specify the violations or actions which constitute the basis for the fine and indicate the amount
of the fine;

(ii) Inform the institution that it may appeal the fine and advise the sponsor of the appeal
procedures established under § 225.13;
(iii) Indicate the effective date and payment procedures should the sponsor not exercise its right to
appeal within the specified timeframe.
(5) Any sponsor subject to a fine under paragraph (k)(1) of this section may appeal the State agency's
determination. In appealing a fine, the sponsor must submit to the State agency any pertinent
information, explanation, or evidence addressing the Program violations identified by the State
agency. Any sponsor seeking to appeal the State agency determination must follow State agency
appeal procedures.
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7 CFR 225.18(k)(6)

(6) The decision of the State agency review official is final and not subject to further administrative or
judicial review. Failure to pay a fine established under this paragraph may be grounds for suspension
or termination.
(7) Money received by the State agency as a result of a fine established under this paragraph against a
sponsor and any interest charged in the collection of these fines must be remitted to FNS, and then
remitted to the United States Treasury.
(l)

Updates to data sources. By January 1 each year, or as soon as is practicable, FNS will issue any
necessary updates to approved data sources listed under the definition of “rural” in § 225.2 to be used for
rural site designations in that program year. FNS will make this information available and referenceable in
a simplified format.

[54 FR 18208, Apr. 27, 1989, as amended at 55 FR 13471, Apr. 10, 1990; 64 FR 72488, Dec. 28, 1999; 71 FR 39518, July 13, 2006;
72 FR 24183, May 2, 2007; 76 FR 37982, June 29, 2011; 78 FR 13450, Feb. 28, 2013; 81 FR 66492, Sept. 28, 2016; 88 FR 57850,
Aug. 23, 2023; 88 FR 90355, Dec. 29, 2023]

§ 225.19 Program information.
Persons seeking information about this Program should contact their State administering agency or the appropriate
FNSRO. The FNS website has contact information for State agencies at https://www.fns.usda.gov/contacts and
FNSRO at https://www.fns.usda.gov/fns-regional-offices.
[88 FR 57850, Aug. 23, 2023]

§ 225.20 Information collection/recordkeeping—OMB assigned control numbers.
7 CFR section where requirements are described

Current OMB control No.

225.3-225.4.

0584-0280

225.6-225.10

0584-0280

225.12-225.13

0584-0280

225.15-225.18

0584-0280

[61 FR 25554, May 22, 1996]

Appendix A to Part 225—Alternate Foods for Meals

Alternate Protein Products
A. What Are the Criteria for Alternate Protein Products Used in the Summer Food Service
Program?
1.

An alternate protein product used in meals planned under the provisions in § 225.16 must meet all of
the criteria in this section.

2.

An alternate protein product whether used alone or in combination with meat or other meat
alternates must meet the following criteria:

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7 CFR Appendix-A-to-Part-225 A.2.a.

a.

The alternate protein product must be processed so that some portion of the non-protein
constituents of the food is removed. These alternate protein products must be safe and
suitable edible products produced from plant or animal sources.

b.

The biological quality of the protein in the alternate protein product must be at least 80 percent
that of casein, determined by performing a Protein Digestibility Corrected Amino Acid Score
(PDCAAS).

c.

The alternate protein product must contain at least 18 percent protein by weight when fully
hydrated or formulated. (“When hydrated or formulated” refers to a dry alternate protein product
and the amount of water, fat, oil, colors, flavors or any other substances which have been
added).

d.

Manufacturers supplying an alternate protein product to participating schools or institutions
must provide documentation that the product meets the criteria in paragraphs A. 2. a through c
of this appendix.

e.

Manufacturers should provide information on the percent protein contained in the dry alternate
protein product and on an as prepared basis.

f.

For an alternate protein product mix, manufacturers should provide information on:
(1) The amount by weight of dry alternate protein product in the package;
(2) Hydration instructions; and
(3) Instructions on how to combine the mix with meat or other meat alternates.

B. How Are Alternate Protein Products Used in the Summer Food Service Program?
1.

Schools, institutions, and service institutions may use alternate protein products to fulfill all or part of
the meat/meat alternate component discussed in § 225.20.

2.

The following terms and conditions apply:
a.

The alternate protein product may be used alone or in combination with other food ingredients.
Examples of combination items are beef patties, beef crumbles, pizza topping, meat loaf, meat
sauce, taco filling, burritos, and tuna salad.

b.

Alternate protein products may be used in the dry form (nonhydrated), partially hydrated or fully
hydrated form. The moisture content of the fully hydrated alternate protein product (if prepared
from a dry concentrated form) must be such that the mixture will have a minimum of 18
percent protein by weight or equivalent amount for the dry or partially hydrated form (based on
the level that would be provided if the product were fully hydrated).

C. How Are Commercially Prepared Products Used in the Summer Food Service
Program?
Schools, institutions, and service institutions may use a commercially prepared meat or meat alternate products
combined with alternate protein products or use a commercially prepared product that contains only alternate
protein products.
[65 FR 12439, Mar. 9, 2000]
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7 CFR Part 225 (up to date as of 4/09/2024)
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7 CFR Appendix-C-to-Part-225 1.

Appendix B to Part 225 [Reserved]
Appendix C to Part 225—Child Nutrition (CN) Labeling Program
1.

The Child Nutrition (CN) Labeling Program is a voluntary technical assistance program administered by
the Food and Nutrition Service (FNS) in conjunction with the Food Safety and Inspection Service (FSIS)
and Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA), and National
Marine Fisheries Service of the U.S. Department of Commerce (USDC) for the Child Nutrition Programs.
This program essentially involves the review of a manufacturer's recipe or product formulation to
determine the contribution a serving of a commercially prepared product makes toward meal pattern
requirements and a review of the CN label statement to ensure its accuracy. CN labeled products must be
produced in accordance with all requirements set forth in this rule.

2.

Products eligible for CN labels are as follows:
(a) Commercially prepared food products that contribute significantly to the meat/meat alternate
component of meal pattern requirements of 7 CFR 210.10, 225.16, and 226.20 and are served in the
main dish.
(b) Juice drinks and juice drink products that contain a minimum of 50 percent full strength juice by
volume.

3.

For the purpose of this appendix the following definitions apply:
(a) CN label is a food product label that contains a CN label statement and CN logo as defined in
paragraph 3(b) and (c) below.
(b) The CN logo (as shown below) is a distinct border which is used around the edges of a “CN label
statement” as defined in paragraph 3(c).

(c) The CN label statement includes the following:
(1) The product identification number (assigned by FNS);
(2) The statement of the product's contribution toward meal pattern requirements of 7 CFR 210.10,
220.8, 225.16, and 226.20. The statement shall identify the contribution of a specific portion of
a meat/meat alternate product toward the meat/meat alternate, bread/bread alternate, and/or
vegetable/fruit component of the meal pattern requirements. For juice drinks and juice drink
products the statement shall identify their contribution toward the vegetable/fruit component
of the meal pattern requirements.
(3) Statement specifying that the use of the CN logo and CN statement was authorized by FNS, and
(4) The approval date.
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7 CFR Part 225 (up to date as of 4/09/2024)
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7 CFR Appendix-C-to-Part-225 3.(d)

For example:

(d) Federal inspection means inspection of food products by FSIS, AMS or USDC.
4.

Food processors or manufacturers may use the CN label statement and CN logo as defined in paragraph 3
(b) and (c) under the following terms and conditions:
(a) The CN label must be reviewed and approved at the national level by the Food and Nutrition Service
and appropriate USDA or USDC Federal agency responsible for the inspection of the product.
(b) The CN labeled product must be produced under Federal inspection by USDA or USDC. The Federal
inspection must be performed in accordance with an approved partial or total quality control
program or standards established by the appropriate Federal inspection service.
(c) The CN label statement must be printed as an integral part of the product label along with the
product name, ingredient listing, the inspection shield or mark for the appropriate inspection
program, the establishment number where appropriate and the manufacturer's or distributor's name
and address.
(1) The inspection marking for CN labeled non-meat, non-poultry, and non-seafood products with
the exception of juice drinks and juice drink products is established as follows:

(d) Yields for determining the product's contribution toward meal pattern requirements must be
calculated using the Food Buying Guide for Child Nutrition Programs (Program Aid Number 1331).
5.

In the event a company uses the CN logo and CN label statement inappropriately, the company will be
directed to discontinue the use of the logo and statement and the matter will be referred to the
appropriate agency for action to be taken against the company.

6.

Products that bear a CN label statement as set forth in paragraph 3(c) carry a warranty. This means that if
a food service authority participating in the child nutrition programs purchases a CN labeled product and
uses it in accordance with the manufacturer's directions, the school or institution will not have an audit
claim filed against it for the CN labeled product for noncompliance with the meal pattern requirements of
7 CFR 210.10, 220.8, 225.16, and 226.20. If a State or Federal auditor finds that a product that is CN
labeled does not actually meet the meal pattern requirements claimed on the label, the auditor will report

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7 CFR Part 225 (up to date as of 4/09/2024)
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7 CFR Appendix-C-to-Part-225 6.(a)

this finding to FNS. FNS will prepare a report on the findings and send it to the appropriate divisions of
FSIS and AMS of the USDA, National Marine Fisheries Service of the USDC, Food and Drug Administration,
or the Department of Justice for action against the company. Any or all of the following courses of action
may be taken:
(a) The company's CN label may be revoked for a specific period of time;
(b) The appropriate agency may pursue a misbranding or mislabeling action against the company
producing the product;
(c) The company's name will be circulated to regional FNS offices; and
(d) FNS will require the food service program involved to notify the State agency of the labeling violation.
7.

FNS is authorized to issue operational policies, procedures, and instructions for the CN Labeling Program.
To apply for a CN label and to obtain additional information on CN label application procedures, write to:
CN Labels, U.S. Department of Agriculture, Food and Nutrition Service, Nutrition and Technical Services
Division, 3101 Park Center Drive, Alexandria, Virginia 22302.

7 CFR Appendix-C-to-Part-225 7. (enhanced display)

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