Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-1 - NUTRITION ASSISTANCE PROGRAMS, GENERALLY › Section 5P-1.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this chapter and chapters 5P-2 and 5P-3,
				  the definitions in Section
				  595.402, F.S., and Sections
				  7 CFR
				  210.2,
				  7 CFR
				  215.2,
				  7 CFR
				  220.2,
				  7 CFR
				  225.2,
				  7 CFR
				  245.2,
				  7 CFR
				  247.1,
				  7 CFR
				  248.2,
				  7 CFR
				  250.2,
				  7 CFR
				  251.3,
				  7 CFR
				  252.2, all revised as of January 1, 2021, and
				  hereby adopted and incorporated by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15708
,
				  and by email request to the department at InfoFNW@fdacs.gov, and the following
				  shall apply:
(1) "School Nutrition
				Programs" mean the National School Lunch Program, School Breakfast Program,
				Afterschool Snack Program, and Fresh Fruit and Vegetable Program.
(2) "Summer Nutrition Programs" mean the
				Summer Food Service Program and the Seamless Summer Option.
(3) "Child Nutrition Programs" mean all
				programs included in School Nutrition Programs and Summer Nutrition
				Programs.
(4) "Food Distribution
				Programs" means the Commodity Supplement Food Program, Child Nutrition USDA
				Foods Program, USDA Foods Processing Program, The Emergency Food Assistance
				Program, and the Department of Defense Fresh Fruit and Vegetable
				Program.
(5) "Administrative
				Review" means the off-site and onsite evaluation of each Sponsor participating
				in Child Nutrition Programs.
(6)
				"Alternative Point of Service" means meal counts taken anywhere other than the
				Point of Service, such as the beginning of the service line.
(7) "April Data" means information submitted
				annually by the Sponsor to the department including the total number of
				children enrolled and the percentage of Directly Certified children as of the
				first day of April.
(8) "Child
				Nutrition USDA Foods Program" means a program that coordinates the distribution
				of USDA Foods to Sponsors participating in the School Nutrition Programs and
				Summer Nutrition Programs.
(9)
				"Claim for Reimbursement" means the claim submitted to the department monthly
				by a Sponsor for reimbursement for meals served under Child Nutrition
				Programs.
(10) "Commodity
				Supplemental Food Program" means a program that coordinates the distribution of
				USDA Foods to income-eligible elderly persons at least 60 years of
				age.
(11) "Contractor" means a
				for-profit commercial entity, public or nonprofit private organization or
				individual that enters into a contract with a Sponsor to provide goods or
				services for Child Nutrition Programs.
(12) "Corrective Action Plan" means a written
				plan developed by a Sponsor or Recipient Agency, with the assistance and
				concurrence of the department, to define actions to be taken to correct program
				deficiencies identified as part of a Sponsor's Administrative Review, Site
				Review, Site Visit, or Technical Assistance Visit.
(13) "Department" means the Department of
				Agriculture and Consumer Services.
(14) "Department of Defense Fresh Fruit and
				Vegetable Program" means a program that allows Sponsors to redirect financial
				allowances from USDA Foods to fresh produce procured by the Department of
				Defense.
(15) "Direct
				Certification" or "Directly Certified" means the process by which a child
				establishes eligibility for free school meals based on information obtained
				directly from other state agencies, local agencies, or authorized
				representatives that certifies the child is a member of a household receiving
				assistance under the SNAP; is a member of a household receiving assistance
				under the TANF program; or a Foster child, a Homeless child, a Migrant child, a
				Head Start child or a Runaway child.
(16) "Farmers' Market" means a fixed location
				where two or more farmers sell their own agricultural products directly to the
				general public, which includes fruits and vegetables, meat, fish, poultry,
				dairy products, and grains.
(17)
				"Farmers' Market Nutrition Program" means a program in association with the
				Special Supplemental Nutrition Program for Women, Infants and Children (WIC),
				that provides fresh fruits and vegetables to WIC participants and works to
				expand the awareness, use of, and sales at farmers' markets.
(18) "Food and Nutrition Service (FNS)" means
				the federal agency within the United States Department of Agriculture (USDA)
				responsible for administering Child Nutrition Programs at the national
				level.
(19) "Foster Child" means a
				child who is formally placed by a court or the Florida Department of Children
				and Families into foster care as defined in Section
				39.01(29), F.S.
				It does not include a child in an informal arrangement or permanent
				guardianship placements that may exist outside of state or court based
				systems.
(20) "Head Start Child"
				means a child enrolled as a participant in the Federal Head Start program or
				any state-funded pre-kindergarten program that uses eligibility criteria that
				are identical or more stringent than Federal Head Start.
(21) "Homeless Child" means a child who is
				identified by the local educational agency's homeless liaison or by an official
				of a homeless shelter as lacking a fixed, regular and adequate nighttime
				residence.
(22) "Inventory
				Reconciliation" means the annual physical review by the department of USDA
				Foods inventories at all storage facilities used by a Recipient Agency
				reconciled with book inventories of USDA Foods.
(23) "Materially Failed" means either the
				Sponsor disregarded Child Nutrition Program requirements on more than one
				occasion or failed to correct violations of Child Nutrition Program
				requirements.
(24) "Migrant Child"
				means a child enrolled in the Migrant Education Program as determined by the
				state or local Migrant Education Program coordinator.
(25) "Net Cash Resources" means all monies
				which are available to or have accrued to the Nonprofit School Food Service
				Account at any given time, less cash payable. Such monies may include cash on
				hand, cash receivable, earnings on investments, cash on deposit and the value
				of stocks, bonds or other negotiable securities.
(26) "Nonprofit Food Service Account" means
				the account in which all revenue from all food service operations conducted by
				the Sponsor is held and all revenue is used solely for the operation or
				improvement of such food services.
(27) Notice of Action means the written
				document that advises of the grounds upon which the department based the
				action.
(28) "October Data" means
				data submitted annually by the Sponsor to the department including the total
				number of children enrolled and the number of children eligible for free and
				reduced price meals at each Sponsor as of the last day of operation in
				October.
(29) "Organizational
				Conflicts of Interest" means that because of relationships with a parent
				company, affiliate, or subsidiary organization, the non-Federal entity is
				unable or appears to be unable to be impartial in conducting a procurement
				action involving a related organization.
(30) "Point of Service" means that point in
				the food service operation where a determination can accurately be made that a
				reimbursable free, reduced price or paid meal has been served to an eligible
				child.
(31) "Production" and "Menu
				Records" means records of meals produced to show how the meals offered
				contribute to the required food components and food quantities for each
				age/grade group every day.
(32)
				"Prospective Sponsor" means an organization applying to be a Sponsor of one or
				more Child Nutrition Programs.
(33)
				"Recipient Agency" means an agency or organization that receives USDA Foods for
				distribution to eligible persons or for use in meals provided to eligible
				persons, in accordance with agreements with a distributing or subdistributing
				agency, as defined in 7 CFR
				250.2, or with another Recipient
				Agency.
(34) "Recipient Agency
				Review" means an on-site review of the Recipient Agency when the department
				identifies actual or probable deficiencies in the use of USDA Foods by such
				institutions, through audits, investigations, complaints, or any other
				information; storage facilities at the distributing agency level (including
				commercial storage facilities under contract with the distributing or
				sub-distributing agency), on an annual basis; or Recipient Agencies and
				sub-distributing agencies in Commodity Supplemental Food Program and The
				Emergency Food Assistance Program.
(35) "Runaway Child" means a child identified
				by the local educational agency's homeless liaison as a runaway receiving
				assistance under a program under the Runaway and Homeless Youth Act.
(36) "Seamless Summer Option" means the
				non-profit food service program that provides school-aged children access to
				free meals when school is not in session and is operated by a Sponsor that also
				implements the National School Lunch Program.
(37) "Service Period" means the time
				designated by the Sponsor for the service of breakfast, lunch or
				snacks.
(38) "Site" means a
				physical location at which a Sponsor provides a food service for children and
				at which children consume meals in a supervised setting within the Summer Food
				Service Program or Seamless Summer Option.
(39) "Site Review" means a review of the food
				service site, conducted by the department, to ensure compliance with relative
				Federal Regulations, Florida Statutes, and Florida Administrative Code related
				to the operation of Child Nutrition Programs.
(40) "Site Visit" means a review of the food
				service site, conducted by the Sponsor, to ensure compliance with relative
				Federal Regulations, Florida Statutes, and Florida Administrative Code related
				to the operation of Child Nutrition Programs.
(41) "SNAP" means the Supplemental Nutrition
				Assistance Program established under the Food and Nutrition Act of 2008
				(7 U.S.C.
				2011 et seq.).
(42) "Sponsor" means any entity that is
				conducting a program under a current Child Nutrition Program agreement with the
				department.
(43) "Summer Food
				Service Program" means the non-profit food service program operated by an
				eligible Sponsor to provide school-aged children access to free meals when
				school is not in session.
(44)
				"TANF" means the Temporary Assistance for Needy Families program under part A
				of title IV of the Social Security Act (42 U.S.C. 621 et seq.).
(45) "The Emergency Food Assistance Program"
				means a program that supplements the diets of income-eligible persons by
				providing USDA Foods via Recipient Agencies.
(46) "USDA" means the United States
				Department of Agriculture.
(47)
				"USDA Foods" means foods donated or available for donation by the USDA under
				the Food Distribution Programs.
(48) "USDA Foods Processing Program" means a
				program that allows for the conversion of raw bulk USDA Foods into a
				ready-to-use end product.
(49)
				"Verification" means confirmation of eligibility for free or reduced price
				benefits under the School Nutrition Programs.
(50) "The Web-Based Supply Chain Management
				(WBSCM)" means an integrated food purchasing, tracking, and ordering system
				used by USDA and its customers, vendors, suppliers, and transportation
				personnel.
Rulemaking Authority 570.07(23), 595.404(4), (10), (11) FS.
					 Law Implemented 595.402, 595.404 FS.
New 4-19-73, Repromulgated 12-5-74, Formerly 6A-7.40,
					 Amended 5-3-88, Formerly
					 6A-7.040, Amended 6-21-18,
					 12-16-18, 9-5-23.