Pt. 215 7 CFR Ch. II (1–1–12 Edition)

company will be directed to discontinue the 215.10 Reimbursement procedures. use of the logo and statement and the matter 215.11 Special responsibilities of State agen- will be referred to the appropriate agency for cies. action to be taken against the company. 215.12 Claims against schools or child-care 6. Products that bear a CN label statement institutions. as set forth in paragraph 3(c) carry a war- 215.13 Management evaluations and audits. ranty. This means that if a food service au- 215.13a Determining eligibility for free milk thority participating in the Child Nutrition in child-care institutions. Programs purchases a CN labeled product 215.14 Nondiscrimination. and uses it in accordance with the manufac- turer’s directions, the school or institution 215.14a Procurement standards. will not have an audit claim filed against it 215.15 Withholding payments. for the CN labeled product for noncompli- 215.16 Suspension, termination and grant ance with the meal pattern requirements of closeout procedures. 7 CFR 210.10, § 220.8 or § 220.8a, whichever is 215.17 Program information. applicable, §§ 225.20, and 226.20. If a State or 215.18 Information collection/record- Federal auditor finds that a product that is keeping—OMB assigned control numbers. CN labeled does not actually meet the meal pattern requirements claimed on the label, AUTHORITY: 42 U.S.C. 1772 and 1779. the auditor will report this finding to FNS. FNS will prepare a report of the findings and § 215.1 General purpose and scope. send it to the appropriate divisions of FSIS This part announces the policies and and AMS of the USDA, National Marine prescribes the general regulations with Fisheries Services of the USDC, Food and Drug Administration, or the Department of respect to the Special Milk Program Justice for action against the company. Any for Children, under the Child Nutrition or all of the following courses of action may Act of 1966, as amended, and sets forth be taken: the general requirements for participa- (a) The company’s CN label may be re- tion in the program. The Act reads in voked for a specific period of time; pertinent part as follows: (b) The appropriate agency may pursue a misbranding or mislabeling action against Section 3(a)(1) There is hereby authorized the company producing the product; to be appropriated for the fiscal year ending (c) The company’s name will be circulated June 30, 1970, and for each succeeding fiscal to regional FNS offices; year such sums as may be necessary to en- (d) FNS will require the food service pro- able the Secretary of Agriculture, under gram involved to notify the State agency of such rules and regulations as he may deem the labeling violation. in the public interest, to encourage con- 7. FNS is authorized to issue operational sumption of fluid milk by children in the policies, procedures, and instructions for the United States in (A) nonprofit schools of CN Labeling Program. To apply for a CN high school grade and under, except as pro- label and to obtain additional information vided in paragraph (2), which do not partici- on CN label application procedures write to: pate in a meal service program authorized CN Labels, U.S. Department of Agriculture, under this Act or the National School Lunch Food and Nutrition Service, Nutrition and Act, and (B) nonprofit nursery schools, child Technical Services Division, 3101 Park Cen- care centers, settlement houses, summer ter Drive, Alexandria, Virginia 22302. camps, and similar nonprofit institutions de- [51 FR 34874, Sept. 30, 1986, as amended at 53 voted to the care and training of children, FR 29164, Aug. 2, 1988; 60 FR 31216, June 13, which do not participate in a meal service 1995; 65 FR 26912, May 9, 2000] program authorized under this Act or the National School Lunch Act. (2) The limitation imposed under para- PART 215—SPECIAL MILK graph (1)(A) for participation of nonprofit PROGRAM FOR CHILDREN schools in the special milk program shall not apply to split-session kindergarten programs Sec. conducted in schools in which children do 215.1 General purpose and scope. not have access to the meal service program 215.2 Definitions. operating in schools the children attend as 215.3 Administration. authorized under this Act or the National 215.4 Payments of funds to States and School Lunch Act (42 U.S.C. 1751 et seq.). FNSROs. (3) For the purposes of this section ‘‘United 215.5 Method of payment to States. States’’ means the fifty States, Guam, the 215.6 Use of funds. Commonwealth of Puerto Rico, the Virgin 215.7 Requirements for participation. Islands, American Samoa, the Trust Terri- 215.8 Reimbursement payments. tory of the Pacific Islands, and the District 215.9 Effective date for reimbursement. of Columbia.

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(4) The Secretary shall administer the spe- to State and local governmental orga- cial milk program provided for by this sec- nizations under Department programs. tion to the maximum extent practicable in 7 CFR part 3018 means the Depart- the same manner as he administered the spe- cial milk program provided for by Pub. L. 89– ment’s Common Rule regarding Gov- 642, as amended, during the fiscal year end- ernmentwide New Restrictions on Lob- ing June 30, 1969. bying. Part 3018 implements the re- (5) Any school or nonprofit child care insti- quirements established by section 319 tution which does not participate in a meal of the 1990 Appropriations Act for the service program authorized under this Act or Department of Interior and Related the National School Lunch Act shall receive Agencies (Pub. L. 101–121). the special milk program upon their request. (6) Children who qualify for free lunches 7 CFR part 3019 means the Depart- under guidelines established by the Sec- ment’s Uniform Administrative Re- retary shall, at the option of the school in- quirements for Grants and Agreements volved (or of the local educational agency in- with Institutions of Higher Education, volved in the case of a public school) be eligi- Hospitals, and Other Non-Profit Orga- ble for free milk upon their request. nizations. 7 CFR part 3019 covers re- (7) For the fiscal year ending June 30, 1975, quirements for awards and subawards and for subsequent school years, the min- to nongovernmental, nonprofit organi- imum rate of reimbursement for a half-pint of milk served in schools and other eligible zations under Department programs. institutions shall not be less than 5 cents per 7 CFR part 3052 means the Depart- half-pint served to eligible children, and ment’s regulations implementing OMB such minimum rate of reimbursement shall Circular A–133, ‘‘Audits of State, Local be adjusted on an annual basis each school Governments, and Non-Profit Organi- year to reflect changes in the Producer Price zations.’’ (For availability of OMB Cir- Index for Fresh Processed Milk published by culars referenced in this definition, see the Bureau of Labor Statistics of the Depart- 5 CFR 1310.3.) ment of Labor. (8) Such adjustment shall be computed to Act means the Child Nutrition Act of the nearest one-fourth cent. 1966. (9) Notwithstanding any other provision of Adults means those persons not in- this section, in no event shall the minimum cluded under the definition of children. rate of reimbursement exceed the cost to the Applicable credits shall have the school or institution of milk served to chil- meaning established in Office of Man- dren. agement and Budget Circulars A–87, [52 FR 7562, Mar. 12, 1987] C(4) and A–122, Attachment A, A(5), re- spectively. For availability of OMB cir- § 215.2 Definitions. culars referenced in this definition, see For the purpose of this part, the 5 CFR 1310.3. term: Child and Adult Care Food Program 7 CFR part 3015 means the Uniform means the program authorized by sec- Federal Assistance Regulations pub- tion 17 of the National School Lunch lished by the Department to implement Act, as amended. certain policies applicable to all De- Child care institution means any non- partment programs. The applicable profit nursery school, child care center, provisions deal with competition for settlement house, summer camp, serv- discretionary grants and cooperative ice institution participating in the agreements, costs requiring prior ap- Summer Food Program for Children proval, acknowledgement of Depart- pursuant to part 225 of this chapter, in- ment support in publications and stitution participating in the Child and audiovisuals produced under Depart- Adult Care Food Program pursuant to ment programs, intergovernmental re- part 226 of this chapter, or similar non- view of Department programs under profit institution devoted to the care Executive Order 12372, and certain mis- and training of children. The term cellaneous Department requirements. ‘‘child care institution’’ also includes a 7 CFR part 3016 means the Depart- nonprofit agency to which such institu- ment’s Uniform Administrative Re- tion has delegated authority for the op- quirements for Grants and Cooperative eration of a milk program in the insti- Agreements to State and Local Gov- tution. It does not include any institu- ernments. 7 CFR part 3016 covers re- tion falling within the definition of quirements for awards and subawards ‘‘School’’ of this section.

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