reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-04 - Child and Adult Care Food Program › Section 67-21-04-12 - Family day care home sponsoring organization

Current through Supplement No. 393, July, 2024
The department of public instruction has established special
				  provisions that apply to the family day care home sponsoring
				  organizations.
1. Two of the three
				periodic monitoring visits made to day care home providers must be made without
				announcement.
2. Day care home
				providers may only switch sponsoring organizations at the beginning of a new
				federal fiscal year.
3. The
				administrative staff members of family day care home sponsorships may not
				directly solicit providers known to be currently operating under another
				sponsorship.
4. The department
				shall provide oversight in the budgetary planning of sponsoring organizations
				as stipulated in
				7 CFR
				226.16. Fiscal year salary adjustments or
				increases of sponsoring organization administrative staff members must be in
				line with the corresponding salary increases allowed employees of the state of
				North Dakota for the same time period.
5. Day care home providers who meet
				eligibility requirements may claim reimbursement for meals fed to their
				children only when other child care children are present and eating at the same
				meal service time.
6. Individuals
				who are employed by a family day care home sponsoring organization may not
				simultaneously participate under the same sponsorship as a provider.
7. An eligible family day care home must be a
				building that is currently a residence , was originally built as a residence,
				or could be used as a residence with no additional remodeling.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR 226
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-04 - Child and Adult Care Food Program › Section 67-21-04-13 - Procurement standards

Current through Supplement No. 393, July, 2024
Local agencies shall comply with the requirements of the
				  office of management and budget guidance for grants and agreements, 2 CFR 200
				  subpart D, concerning the procurement of supplies, food, equipment, and other
				  services with program funds.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 2 CFR 200 subpart D
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-01 - Purpose

Current through Supplement No. 393, July, 2024
The program, initiated at the federal level and in
				  partnership with the states, provides assistance to the state through
				  grants-in-aid and other means 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.
General Authority: NDCC 15-54-03, 28-32-02
Law Implemented: NDCC
					 15-54
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-02 - State agency

Current through Supplement No. 393, July, 2024
The department of public instruction has been designated as
				  the state agency in the state of North Dakota to assist in the implementation,
				  maintenance, and funding of the program for local agencies that wish to
				  participate.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03;
					 7
					 CFR 225.3
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-03 - Use of federal rules and procedures

Current through Supplement No. 393, July, 2024
Unless otherwise specified in this chapter, eligibility to
				  participate in the summer food service program is governed by federal summer
				  food service program regulations. Local agencies must conform to lawfully
				  issued regulations and policies relating to the program.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR 225
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-04 - Eligibility

Current through Supplement No. 393, July, 2024
Local agencies eligible to participate include public and
				  private nonprofit agencies including schools, camps, and migrant programs. The
				  department of public instruction will determine the eligibility of applicant
				  sponsors in accordance with criteria established in federal rule
				  7 CFR
				  225.6.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 225.6
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-05 - Application

Current through Supplement No. 393, July, 2024
Application forms are available at the Department of Public
				  Instruction, 600 East Boulevard Avenue, Department 201, Bismarck, North Dakota
				  58505-0440. The application forms include:
1. Program agreement that includes:
a. Identification of the program or programs
				the local agency wants to participate in;
b. Verification the local agencies will
				comply with title VI of the Civil Rights Act of 1964 [
				Pub. L.
				88-352 ] and all requirements imposed by the
				regulations of the United States department of agriculture [7 CFR part 15],
				department of justice [28 CFR parts 42 and 50] and food and nutrition
				directives or regulations issued pursuant to that Act and the regulations, to
				the effect that, no person in the United States, on the ground of race, color,
				national origin, sex, age, or disability, may be excluded from participation
				in, be denied the benefits of, or be otherwise subject to discrimination under
				any program or activity for which the program applicant received federal
				financial assistance from the United States department of agriculture; and
				hereby gives assurance it immediately will take any measures necessary to
				fulfill this agreement. Signature by an authorized representative of the local
				agency serves as verification; and
c. The local agencies agree to compile data,
				maintain records, and submit reports as required, to permit effective
				enforcement of nondiscrimination laws and permit authorized United States
				department of agriculture personnel during hours of program operation to review
				such records, books, and accounts as needed to ascertain compliance with the
				nondiscrimination laws. If there are any violations of this assurance, the
				United States department of agriculture food and nutrition services may seek
				judicial enforcement of this assurance. This assurance is binding on the
				program applicant, its successors, transferees, and assignees as long as it
				receives assistance or retains possession of any assistance from the United
				States department of agriculture. Signature by an authorized representative of
				the local agency serves as verification. Such records must be maintained for
				three years after the end of the fiscal year to which they pertain.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-06 - Monitoring

Current through Supplement No. 393, July, 2024
The department of public instruction shall conduct onsite
				  reviews of local agency program operations, as specified in the federal
				  regulations, for the purpose of providing guidance and technical assistance to
				  local agencies. All reviews must include the assessment of overclaims and
				  appropriate corrective action.
General Authority: NDCC 15-54-05, 28-32-02
Law Implemented: NDCC 15-54-05; 7 CFR
					 225.7
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-07 - Program payments Reimbursement claims

Current through Supplement No. 393, July, 2024
Program payments must be made to approved and operating local
				  agencies upon the submission of the appropriate reports and claim forms. Claim
				  forms are due on the tenth day of the month following the month of the claim.
				  Federal reimbursement levels are determined on an annual basis according to
				  federal law.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 225.9
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-08 - Meal service

Current through Supplement No. 393, July, 2024
All meals served under the program must meet the guidelines
				  as stipulated in the federal regulations.
General Authority: NDCC 15-54-03, 28-32-02
Law Implemented: NDCC 15-54-05; 7 CFR
					 225.16
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-08-01 - Food distribution

Current through Supplement No. 393, July, 2024
1. Local
				agencies may receive United States department of agriculture foods or the value
				of entitlement through the federal food distribution program through three
				categories:
a. Entitlement United States
				department of agriculture foods, which are foods that local agencies are
				entitled to receive under the regulation and are distributed by the state
				contracted warehouse and transportation facility.
b. Local agencies may allocate a portion of
				their United States department of agriculture food entitlement into the
				department of defense fresh fruit and vegetable program. Local agencies place
				orders through the department of defense fruit and vegetable ordering and
				reporting system and receive deliveries from the nationally contracted
				distributor.
c. Bonus United States
				department of agriculture foods, which are foods offered by United States
				department of agriculture and do not deduct from United States department of
				agriculture food entitlement. These foods are periodic and only available if
				offered by the United States department of agriculture.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-08-02 - Health and safety

Current through Supplement No. 393, July, 2024
The local agency food service program shall adhere to state
				  and local health and food safety requirements, as adopted by the North Dakota
				  state department of health, overviews of which are available from the
				  department of public instruction. A school food service employee who functions
				  as a food preparation site manager shall complete training in food safety and
				  sanitation as defined by the superintendent of public instruction.
General Authority:
NDCC 15.1-35-03,
					 15.1-35-08, 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 7 CFR
					 225.14
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-09 - Fiscal management

Current through Supplement No. 393, July, 2024
Local agencies must maintain accurate records that justify
				  all costs and meals claimed.
General Authority: NDCC 15-54-03, 28-32-02
Law Implemented: NDCC 15-54-05; 7 CFR
					 253.15
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-05 - Summer Food Service Program › Section 67-21-05-10 - Procurement standards

Current through Supplement No. 393, July, 2024
Local agencies shall comply with the requirements of the
				  office of management and budget guidance for grants and agreements, 2 CFR 200
				  subpart D concerning the procurement of supplies, food, equipment, and other
				  services with program funds.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 2 CFR 200 subpart D
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-01 - Purpose

Current through Supplement No. 393, July, 2024
The food distribution program, initiated at the federal level
				  and in partnership with the states, is designed to make United States
				  department of agriculture foods available to participating states and local
				  agencies to safeguard the health and well-being of the nation's people with
				  better diets and to encourage the domestic consumption of nutritious
				  agricultural commodities and other foods produced by American farmers.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03; 7 CFR
					 250
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-02 - State agency

Current through Supplement No. 393, July, 2024
The department of public instruction has been designated by
				  the United States department of agriculture as the state agency in the state of
				  North Dakota to assist in the implementation, maintenance, and funding of all
				  United States department of agriculture food distribution programs.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03;
					 7 CFR
					 250.4
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-03 - Use of federal rules and policies

Current through Supplement No. 393, July, 2024
Unless otherwise specified in this chapter, eligibility to
				  participate in the food distribution program is governed by federal food
				  distribution rules. The local program must conform to lawfully issued rules and
				  policies relating to the food distribution program.
General Authority: NDCC 15-54-03, 28-32-02
Law Implemented: NDCC 15-54-03, 15-54-05; 7 CFR
					 250
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-04 - Eligibility

Current through Supplement No. 393, July, 2024
Local agencies and programs eligible for participation in the
				  food distribution program include:
1.
				Nonprofit summer camps for children.
2. Charitable institutions.
3. Nutrition programs for the elderly.
4. Disaster feeding organizations.
5. Food assistance in situations
				of distress.
6. School food
				authorities.
7. Nonresidential
				child and adult care institutions.
8. Soup kitchens and food banks.
General Authority: NDCC 15-54-03, 28-32-02
Law Implemented: NDCC 15-54-03, 15-54-05; 7 CFR
					 250.10
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-05 - Agreements

Current through Supplement No. 393, July, 2024
A local agency shall enter into a written program-specific
				  agreement with the department as outlined in 7 CFR 250. Signature by an
				  authorized representative of the local agency or program will serve as
				  verification. Such records must be maintained for three years after the end of
				  the fiscal years to which they pertain.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 250.4
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-06 - Distribution and control of United States department of agriculture foods

Current through Supplement No. 393, July, 2024
United States department of agriculture foods shall be
				  available for distribution and use in accordance with the provisions of 7 CFR
				  250. United States department of agriculture foods may not be sold, exchanged,
				  or otherwise disposed of without approval of the department. Any transfer of
				  United States department of agriculture food must be documented. The quantity
				  of United States department of agriculture foods to be made available is
				  determined in accordance with pertinent legislation. United States department
				  of agriculture foods shall be requested and distributed only in quantities that
				  can be consumed without waste. The department will consistently use the United
				  States department of agriculture food value established by the United States
				  department of agriculture when allocating United States department of
				  agriculture foods. The department will maintain a monthly distribution schedule
				  that provides equitable and reliable deliveries to local and recipient
				  agencies. The department will distribute United States department of
				  agriculture foods only to local and recipient agencies that are
				  eligible.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 250.13
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-07 - Storage of United States department of agriculture foods - Standards for storage facilities

Current through Supplement No. 393, July, 2024
Local and recipient agencies shall provide facilities for the
				  handling, storage, and distribution of United States department of agriculture
				  foods that are sanitary; provide safeguards against theft, spoilage, and other
				  loss; maintain foods at proper temperature; and stock and space foods in a
				  manner so that the United States department of agriculture food is readily
				  identified inventory. Local and recipient agencies shall take a physical
				  inventory of United States department of agriculture food annually according to
				  the specific regulations of each program. The department shall take a physical
				  inventory of United States department of agriculture foods at all
				  state-contracted warehouse facilities. Excess inventory must be reported to the
				  department.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7
					 CFR 250.14
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-08 - Financial management

Current through Supplement No. 393, July, 2024
Local and recipient agencies shall use program funds to pay
				  all or part of the direct costs for intrastate storage and distribution of
				  United States department of agriculture food. The department acts as a pass
				  through entity and uses state and federal program funding to pay for warehouse
				  and transportation expenses on behalf of those programs receiving United States
				  department of agriculture foods from a state-contracted warehouse facility.
				  Local agencies that have depleted their state program funding are responsible
				  for payment of warehousing and transportation within thirty days of
				  shipment.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 250.17
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-09 - Maintenance of records

Current through Supplement No. 393, July, 2024
Local and recipient agencies shall maintain accurate and
				  complete records regarding the receipt, distribution, use, and inventory of
				  United States department of agriculture food including end products processed
				  from bulk United States department of agriculture foods. All records required
				  under
				  7 CFR
				  250.19 must be retained for three years from
				  the close of the fiscal year to which they pertain, unless there are claims or
				  audit findings that have not been resolved.
General Authority:
NDCC 15.1-35-05,
					 28-32-02
Law Implemented:
NDCC 15.1-35-05;
					 7 CFR
					 250.19
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-10 - Monitoring

Current through Supplement No. 393, July, 2024
The state agency shall conduct onsite reviews of local agency
				  program operations according to the federal requirements set forth for each
				  food distribution program. The state agency will conduct an annual onsite
				  review of state contracted warehouse and transportation facility
				  operations.
General Authority:
NDCC 15.1-35-05,
					 28-32-02
Law Implemented:
NDCC 15.1-35-05;
					 7 CFR
					 250.21
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-11 - Buy American

Current through Supplement No. 393, July, 2024
Local and recipient agencies, whenever possible, shall
				  purchase only food products that are produced in the United States when using
				  federal funds. When funds obtained in accordance with this section are used to
				  purchase foods in the commercial market, a distributing or recipient agency in
				  the continental United States, and in Hawaii, to the maximum extent practical,
				  shall purchase only domestic foods or food products. Such requirement also is
				  applicable to food purchases made with the cash-in-lieu-of-donated foods
				  provided in national school lunch program and child and adult care food
				  program, in accordance with
				  7 CFR
				  250.56(e) and
				  250.61(c).
				  For the purposes of this section, domestic foods or food products are:
1. Agricultural commodities that are produced
				in the United States; or
2. Food
				products that are processed in the United States substantially using
				agricultural commodities that are produced in the United States.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 250.17
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-12 - Civil rights

Current through Supplement No. 393, July, 2024
Local agencies shall comply with the United States department
				  of agriculture nondiscrimination regulations as referenced in 7 CFR parts 15,
				  15a, and 15b, and with civil rights instructions.
General Authority: NDCC 15-54-03, 28-32-02
Law Implemented: NDCC 15-54-03; 7 CFR
					 250.21
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-06 - FOOD DISTRIBUTION PROGRAM › Section 67-21-06-13 - Procurement

Current through Supplement No. 393, July, 2024
The state agency and local agencies shall comply with the
				  requirements in 2 CFR 200 subpart D and
				  2 CFR
				  400.1, as applicable, in purchasing end
				  products, distribution, or other processing services from processors. The state
				  agency and local agencies may use procurement procedures that conform to
				  applicable state or local laws and regulations but must ensure compliance with
				  the procurement requirements in 2 CFR 200 subpart D and
				  2 CFR
				  400.1, as applicable.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03; 2 CFR 200
					 subpart D,
					 2 CFR
					 400.1
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-07 - FOOD DISTRIBUTION ON INDIAN RESERVATIONS › Section 67-21-07-01 - Purpose

Current through Supplement No. 393, July, 2024
The food distribution program on Indian reservations,
				  initiated at the federal level and in partnership with the states, authorizes
				  the receipt and distribution of United States department of agriculture foods
				  by state agencies to tribal organizations.
General Authority:
NDCC 15.1-35-03, 28-32-02
Law Implemented:
NDCC 15.1-35-03;
					 7 CFR
					 253.1
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-07 - FOOD DISTRIBUTION ON INDIAN RESERVATIONS › Section 67-21-07-02 - State agency

Current through Supplement No. 393, July, 2024
The department of public instruction has been designated by
				  the United States department of agriculture as the state agency in the state of
				  North Dakota to assist in the implementation, maintenance, and funding of the
				  program for tribal organizations that wish to participate in this program.
General Authority: NDCC 15-54-03, 28-32-02
Law Implemented: NDCC 15-54-03; 7 CFR
					 253.3
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-07 - FOOD DISTRIBUTION ON INDIAN RESERVATIONS › Section 67-21-07-03 - Use of federal rules and policies

Current through Supplement No. 393, July, 2024
Unless otherwise specified in this chapter, eligibility to
				  participate in the food distribution program on Indian reservations is governed
				  by federal rules. The tribal organization shall conform to lawfully issued
				  rules and policies relating to the food distribution program.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR 253
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-07 - FOOD DISTRIBUTION ON INDIAN RESERVATIONS › Section 67-21-07-04 - Availability of United States department of agriculture foods , storage, and distribution

Current through Supplement No. 393, July, 2024
Tribal organizations are eligible to receive United States
				  department of agriculture foods that are made available under the Food and
				  Nutrition Act of 2008. Shipments of United States department of agriculture
				  foods to tribal organizations must be made under the terms of the existing
				  state transportation contract and in accordance with a schedule jointly
				  determined by the department and the tribal organization. Tribal organizations
				  shall maintain control of and accountability for United States department of
				  agriculture foods, conduct inventories as necessary, provide and maintain
				  adequate and appropriate storage facilities, and distribute the United States
				  department of agriculture foods to individuals on the basis of established
				  eligibility.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 253.10
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-07 - FOOD DISTRIBUTION ON INDIAN RESERVATIONS › Section 67-21-07-04-01 - Eligibility

Current through Supplement No. 393, July, 2024
Within the United States department of agriculture, the food
				  and nutrition service determines if an Indian tribal organization is capable of
				  effective and efficient administration of the program. If the food and
				  nutrition service determines the Indian tribal organization is not capable of
				  effective and efficient administration of the program, the appropriate agency
				  of the state government is responsible for the program on all or part of the
				  Indian reservation. The appropriate agency of the state government may
				  administer the program on behalf of an otherwise capable tribe if agreed to in
				  writing by both parties.
General Authority:
NDCC 15.1-35-03;
					 28-32-02
Law Implemented:
NDCC 15.1-35-03;
					 7
					 CFR 253.4
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-07 - FOOD DISTRIBUTION ON INDIAN RESERVATIONS › Section 67-21-07-04-02 - Monitoring

Current through Supplement No. 393, July, 2024
The department of public instruction shall conduct annual
				  onsite reviews of tribal organization program operations, as specified in the
				  federal regulations, for the purpose of providing guidance and technical
				  assistance to local agencies. All reviews must ensure tribal organizations meet
				  program requirements and objectives. Program deficiencies must be documented
				  and specific plans of corrective action for deficiencies must be established
				  and implemented.
General Authority:
NDCC 15.1-35-03;
					 28-32-02
Law Implemented:
NDCC 15.1-35-03;
					 7 CFR
					 253.5
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-07 - FOOD DISTRIBUTION ON INDIAN RESERVATIONS › Section 67-21-07-05 - Administrative payments

Current through Supplement No. 393, July, 2024
The department shall reimburse tribal organizations not
				  considered to be Indian tribal organizations for costs that are allowable under
				  federal rule
				  7 CFR
				  253.11, in accordance with the approved
				  tribal organization budget. The department also shall use administrative funds
				  to cover all warehouse and transportation expenses for those Indian tribal
				  organizations that receive United States department of agriculture foods from
				  the state contracted warehouse facility.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR 253.11
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-08 - The Emergency Food Assistance Program › Section 67-21-08-01 - Purpose

Current through Supplement No. 393, July, 2024
The emergency food assistance program, initiated at the
				  federal level and in partnership with the states, authorizes the receipt and
				  distribution of United States department of agriculture foods by state agencies
				  to eligible local emergency feeding organizations.
General Authority:
NDCC 15.1-35-03, 28-32-02
Law Implemented:
NDCC 15.1-35-03;
					 7 CFR
					 251.1
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-08 - The Emergency Food Assistance Program › Section 67-21-08-02 - State agency

Current through Supplement No. 393, July, 2024
The department of public instruction has been designated by
				  the United States department of agriculture as the state agency in the state of
				  North Dakota to assist in the implementation, maintenance, and funding of the
				  program for local agencies that wish to participate.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03;
					 7
					 CFR 251.2
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-08 - The Emergency Food Assistance Program › Section 67-21-08-03 - Use of federal rules and policies

Current through Supplement No. 393, July, 2024
Unless otherwise specified in this chapter, eligibility to
				  participate in the emergency food assistance program is governed by federal
				  rules. The local program shall conform to lawfully issued rules and policies
				  relating to the food distribution program.
General Authority: NDCC 15-54-03, 28-32-02
Law Implemented: NDCC 15-54-03, 15-54-05; 7 CFR
					 251
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-08 - The Emergency Food Assistance Program › Section 67-21-08-04 - Availability of United States department of agriculture foods, storage, and distribution

Current through Supplement No. 393, July, 2024
Emergency feeding organizations are eligible to receive
				  United States department of agriculture foods that are made available under
				  sections 202 and 214 of the Emergency Food Assistance Act of 1983. The
				  availability and control of donated commodities must be in accordance with the
				  federal regulations
				  7 CFR
				  251.4 availability of commodities. The
				  department of public instruction establishes an annual allocation of food
				  entitlement for participating emergency feeding organizations on the basis of
				  participation.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 251.4, 7 CFR 251.6
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-08 - The Emergency Food Assistance Program › Section 67-21-08-05 - Eligibility

Current through Supplement No. 393, July, 2024
Local agencies and programs eligible for participation in the
				  emergency food assistance program are public and nonprofit private
				  organizations that have entered into an agreement with the department of public
				  instruction to provide nutrition assistance to relieve situations of emergency
				  and distress through the provision of food to needy persons. Emergency feeding
				  organizations include food pantries, food banks, hunger centers, soup kitchens,
				  and similar public or private nonprofit eligible recipient agencies.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 251.5
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-08 - The Emergency Food Assistance Program › Section 67-21-08-05-01 - Monitoring

Current through Supplement No. 393, July, 2024
The department of public instruction shall conduct onsite
				  reviews of local agency and subrecipient agency program operations, as
				  specified in the federal regulations, for the purpose of providing guidance and
				  technical assistance to local agencies. All reviews must ensure local agencies
				  meet program requirements and objectives.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03;
					 7 CFR
					 251.10
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-08 - The Emergency Food Assistance Program › Section 67-21-08-06

Current through Supplement No. 393, July, 2024
General Authority: NDCC 15-54-03, 28-32-02
Law Implemented: NDCC 15-54-03, 15-54-05; 7 CFR
					 251.6
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-08 - The Emergency Food Assistance Program › Section 67-21-08-07 - Administrative payments

Current through Supplement No. 393, July, 2024
The department of public instruction shall provide
				  administrative payments to emergency feeding organizations to support expenses
				  associated with the storage and further distribution of United States
				  department of agriculture foods. Administrative funds are allocated to
				  participating emergency feeding organizations on the basis of individual
				  participation.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 251.8
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-09 - The Commodity Supplemental Food Program › Section 67-21-09-01 - Purpose

Current through Supplement No. 393, July, 2024
The commodity supplemental food program, initiated at the
				  federal level and in partnership with the states, authorizes the receipt and
				  distribution of United States department of agriculture foods by state agencies
				  to eligible local agencies.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03;
					 7 CFR
					 247.2
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-09 - The Commodity Supplemental Food Program › Section 67-21-09-02 - State agency

Current through Supplement No. 393, July, 2024
The department of public instruction has been designated by
				  the United States department of agriculture as the state agency in the state of
				  North Dakota to assist in the implementation, maintenance, and funding of the
				  program for local agencies that wish to participate in this manner.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 247.3
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-09 - The Commodity Supplemental Food Program › Section 67-21-09-03 - Use of federal rules and policies

Current through Supplement No. 393, July, 2024
Unless otherwise specified in this chapter, eligibility to
				  participate in the commodity supplemental food program is governed by federal
				  rules. The local program shall conform to lawfully issued rules and policies
				  relating to the food distribution program.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR 247
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-09 - The Commodity Supplemental Food Program › Section 67-21-09-04 - Availability of United States department of agriculture foods, storage, and distribution

Current through Supplement No. 393, July, 2024
Local agencies are eligible to receive United States
				  department of agriculture foods that are made available under the Agriculture
				  and Consumer Protection Act of 1973 and the Agricultural Act of 2014. The
				  availability and control of donated United States department of agriculture
				  foods must be in accordance with
				  7 CFR
				  247.10 for the commodity supplemental food
				  program.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 247.10
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-09 - The Commodity Supplemental Food Program › Section 67-21-09-05 - Eligibility

Current through Supplement No. 393, July, 2024
Local agencies and programs eligible for participation in the
				  commodity supplemental food program are public and nonprofit private
				  organizations that have entered an agreement with the department of public
				  instruction to provide nutrition assistance to low-income elderly persons.
				  Local agencies include community action agencies, food banks, hunger centers,
				  and similar public or private nonprofit local agencies.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 247.7, 7 CFR 247.9
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-09 - The Commodity Supplemental Food Program › Section 67-21-09-06 - Monitoring

Current through Supplement No. 393, July, 2024
The department of public instruction shall conduct onsite
				  reviews of local agency program operations, as specified in the federal
				  regulations, for the purpose of providing guidance and technical assistance to
				  local agencies. All reviews must ensure local agencies meet program
				  requirements and objectives.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR 247.34
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-09 - The Commodity Supplemental Food Program › Section 67-21-09-07 - Administrative payments

Current through Supplement No. 393, July, 2024
The department of public instruction shall provide
				  administrative payments to local agencies to support expenses associated with
				  the storage and further distribution of United States department of agriculture
				  foods. Administrative funds are allocated to participating local agencies based
				  on a submitted budget and on the basis of individual participation.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-03, 15.1-35-05;
					 7 CFR
					 247.23, 7 CFR 247.25
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-01 - Purpose

Current through Supplement No. 393, July, 2024
The fresh fruit and vegetable program, initiated at the
				  federal level and in partnership with the states, is designed to provide free
				  fresh fruits and vegetables to students in participating elementary schools
				  during the school day at times other than breakfast, lunch, or after school
				  snack and to encourage healthier school environments by promoting nutrition
				  education and expansion of the variety of fruits and vegetables that children
				  experience, through grants-in-aid and other means.
General Authority:
NDCC 15.1-35-02,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 42 USC
					 1769a
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-02 - State agency

Current through Supplement No. 393, July, 2024
The department of public instruction has been designated by
				  the United States department of agriculture as the state agency in the state of
				  North Dakota to assist in the implementation, maintenance, and funding of the
				  program.
General Authority:
NDCC 15.1-35-02,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 42 USC
					 1769a
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-03 - Use of federal rules and policies

Current through Supplement No. 393, July, 2024
Unless otherwise specified in this chapter, eligibility to
				  participate in the fresh fruit and vegetable program is governed by federal
				  regulations. The local program shall conform to lawfully issued rules and
				  policies relating to the federal fresh fruit and vegetable program.
General Authority:
NDCC 15.1-35-02,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 42 USC
					 1769a
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-04 - Eligibility

Current through Supplement No. 393, July, 2024
Local agencies eligible for participation in the fresh fruit
				  and vegetable program include:
1.
				Educational units of elementary school grade, recognized as part of the
				educational system in the state;
2.
				Schools must participate in the national school lunch program to operate the
				fresh fruit and vegetable program; and
3. Section 19 of the National School Lunch
				Act requires schools with the highest free and reduced-price enrollment be
				given priority for participation in the fresh fruit and vegetable
				program.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 42 USC
					 1769a
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-05 - Application

Current through Supplement No. 393, July, 2024
Local educational agencies must submit a fresh fruit and
				  vegetable application that includes:
1. The total number of enrolled
				children;
2. The percentage of
				children certified as eligible for free and reduced-price meals;
3. A certification of support for
				participation of the fresh fruit and vegetable program signed by the school
				food service manager, the school principal, and the district superintendent;
				and
4. A program implementation
				plan, including efforts to integrate the fresh fruit and vegetable program with
				other efforts to promote childhood health and nutrition.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 7 CFR
					 210.9; 42 USC
					 1769a
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-06 - Outreach

Current through Supplement No. 393, July, 2024
Before making decisions regarding school participation in the
				  program, the state agency shall inform the schools within the state with the
				  highest proportion of free and reduced-price meal eligibility, including Native
				  American schools, of the eligibility of the schools for the program with
				  respect to priority granted to schools with the highest proportion of free and
				  reduced-price eligibility.
In providing information to high priority schools, a state
				  agency shall inform the schools that likely would be chosen to participate in
				  the program.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 7 CFR
					 210.9; 42 USC
					 1769a
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-07 - Notice of availability

Current through Supplement No. 393, July, 2024
If selected to participate in the program, a school shall
				  widely publicize within the school the availability of free fresh fruits and
				  vegetables under the program.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 7 CFR
					 210.9; 42 USC
					 1769a
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-08 - Per-student grant

Current through Supplement No. 393, July, 2024
The per-student grant provided to a school is determined by
				  the state agency and may not be less than fifty dollars, nor more than
				  seventy-five dollars.
General Authority:
NDCC 15.1-35-03,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 7 CFR
					 210.9; 42 USC
					 1769a