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###### Department of Agriculture

###### Food and Nutrition Service 

# AGENCY:

Food and Nutrition Service, USDA. 

# ACTION:

Notice. 

# SUMMARY:

This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2010 (July 1, 2009 through June 30, 2010) for each lunch served by schools participating in the National School Lunch Program (NSLP), and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program (CACFP). 

# DATES:

The rate in this notice is effective July 1, 2009. 

# FOR FURTHER INFORMATION CONTACT:

Michelle Waters, Program Analyst, Policy Branch, Food Distribution Division, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Alexandria, Virginia 22302-1594 or telephone (703) 305-2662. 

# SUPPLEMENTARY INFORMATION:

                    These programs are listed in the Catalog of Federal Domestic Assistance under Nos. 10.555 and 10.558 and are subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (                    *See*7 CFR part 3015, subpart V, and final rule related notice published at 48 FR 29114, June 24, 1983.)                 

This notice imposes no new reporting or recordkeeping provisions that are subject to Office of Management and Budget review in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507). This action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612) and thus is exempt from the provisions of that Act. This notice was reviewed by the Office of Management and Budget under Executive Order 12866. 

## National Average Minimum Value of Donated Foods for the Period July 1, 2009 Through June 30, 2010 

This notice implements mandatory provisions of sections 6(c) and 17(h)(1)(B) of the National School Lunch Act (the Act) (42 U.S.C. 1755(c) and 1766(h)(1)(B)). Section 6(c)(1)(A) of the Act establishes the national average value of donated food assistance to be given to States for each lunch served in the NSLP at 11.00 cents per meal. Pursuant to section 6(c)(1)(B), this amount is subject to annual adjustments on July 1 of each year to reflect changes in a three-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year (Price Index). Section 17(h)(1)(B) of the Act provides that the same value of donated foods (or cash in lieu of donated foods) for school lunches shall also be established for lunches and suppers served in the CACFP. Notice is hereby given that the national average minimum value of donated foods, or cash in lieu thereof, per lunch under the NSLP (7 CFR part 210) and per lunch and supper under the CACFP (7 CFR part 226) shall be 19.5 cents for the period July 1, 2009 through June 30, 2010. 

                    The Price Index is computed using five major food components in the Bureau of Labor Statistics Producer Price Index (cereal and bakery products; meats, poultry and fish; dairy; processed fruits and vegetables; and fats and oils). Each component is weighted using the relative weight as determined by the Bureau of Labor Statistics. The value of food assistance is adjusted each July 1 by the annual percentage change in a three-month average value of the Price Index for March, April, and May each year. The three-month average of the Price Index decreased by 5.5 percent from 182.01 for March, April, and May of 2008, as previously published in the                     **Federal Register**                    , to 171.97 for the same three months in 2009. When computed on the basis of unrounded data and rounded to the nearest one-quarter cent, the resulting national average for the period July 1, 2009 through June 30, 2010 will be 19.50 cents per meal. This is a decrease of 1.25 cents from the school year 2009 (July 1, 2008 through June 30, 2009) rate.                 

Authority:Sections 6(c)(1)(A) and (B), 6(e)(1), and 17(h)(1)(B) of the National School Lunch Act, as amended (42 U.S.C. 1755(c)(1)(A) and (B) and (e)(1), and 1766(h)(1)(B)). 

Dated: July 9, 2009. 

Julia Paradis, 

Administrator, Food and Nutrition Service. 

 [FR Doc. E9-16746 Filed 7-14-09; 8:45 am] 

BILLING CODE 3410-30-P