N.M. Admin. Code § 8.2.3.7

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.2.3.7 - DEFINITIONS

A. "Academic-Year NYSP" means that portion of the National Youth Sports Program operating drug awareness and counseling programs during the months October through April, as authorized under Public Law 100-690, the Anti-Drug Abuse Act of 1988.

B. "Act" means the National School Lunch Act, as amended.

C. "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.

D. "Adult" means, for the purposes of the collection of social security numbers as a condition of eligibility for Program meals, any individual 21 years of age or older.

E. "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.

F. "Areas in which poor economic conditions exist" means (a) the local areas from which a site draws its attendance in which at least 50 percent of the children are eligible for free or reduced price school meals under the National School Lunch Program and the School Breakfast Program, as determined (1) by information provided from departments of welfare, education, zoning commissions, census tracts, and organizations determined by the State agency to be migrant organizations, (2) by the number of free and reduced price lunches or breakfasts served to children attending public and nonprofit private schools located in the areas of Program sites, or (3) from other appropriate sources, or (b) an enrollment program in which at least 50 percent of the enrolled children at the site are eligible for free or reduced price school meals as determined by approval of applications in accordance with 7 CFR Part 225.15(f).

G. "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.

H. "Children" means (a) persons 18 years of age and under, and (b) 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 handicapped and who participate in a public or non profit private school program established for the mentally or physically handicapped.

I. "Component" means one of four food categories of the USDA Meal Pattern Requirements arranged by age group, including:

1) Milk,

2) Meat/Meat Alternates,

3) Bread/Bread Alternates, and

4) Fruits and Vegetables.

J. "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.

K. "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.

L. "Creditable foods" means foods used to meet the requirements for a reimbursable meal. Foods are creditable based on the following:

1) Nutrient content,

2) Customary function in a meal,

3) USDA regulations,

4) Food and Drug Administration's (FDA) Standards of Identity, and

5) State agency policies, which include non-creditable foods list as defined in subsection DD of 8.2.3.7 NMAC.

M. "Department" means the NM Children, Youth and Families Department

N. "Disallowance" means the monetary repayment to CYFD resulting from a meal or meals that have been determined ineligible.

O. "Documentation" means the completion of the following information on a free meal application:

(1) Free and reduced priced applications will include:

(a) Names of all household members;

(b) The signature of an adult member of the household;

(c) Social security number of the adult household member signing the application or an indication that the adult household member does not possess one;

(d) Household income received by each household member, identified by source of income (such as earnings, wages, welfare, pensions, support payments, unemployment compensation, and social security) and total household income.

(2) For a child who is a member of a food stamp household or Food Distribution Programs on Indian Reservations (FDPIR), only the following is required;

(a) The name(s) and appropriate food stamp or FDPIR case number(s), and,

(b) The signature of an adult member of the household.

P. "Family" means a group of related or unrelated individuals who are not residents of an institution or boarding house but who are living as one economic unit.

Q. "Fiscal year" means a period of 12 calendar months beginning October 1 of any year and ending September 30 of the following year.

R. "FNS" means the Food and Nutrition Service of USDA.

S. "FNSRO" means the appropriate Regional Office of the Food and Nutrition Service.

T. "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 7 CFR Section 225.15. Food service management companies may be:

(1) public agencies or entities;

(2) private, nonprofit organizations; or

(3) private, for-profit companies.

U. "Food stamp household" means any individual or group of individuals which is currently certified to receive assistance as a household under the Food Stamp Program.

V. "Homeless feeding site" means a feeding site whose primary purpose is to provide shelter and one or more regularly scheduled meal services per day to homeless families and which is not a residential child care institution as defined in paragraph (c), definition of "school", 7 CFR Section 210.2 of the National School Lunch Program regulations.

W. "Household" means "family" as defined in this Section.

X. "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 is deducted from combined operating and administrative costs.

Y. "Income standards" means the family-size and income standards prescribed annually by the Secretary of USDA for determining eligibility for reduced price meals under the National School Lunch Program and the School Breakfast Program.

Z. "Meals" means food which is served to children at a food service site and which meets the nutritional requirements set out in this Part.

AA. "Menu record book" means the official record which is used to document the types of food served and the quantities used to meet the USDA Meal pattern requirements by sponsors participating in the Summer Food Service Program.

BB. "Milk" means whole milk, low-fat 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. 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.

CC. "Needy children" means children from families whose incomes are equal to or below USDA's Guidelines for Determining Eligibility for Reduced Price School Meals.

DD. "Non creditable foods" (also called "other foods" or "extras") means foods that do not meet the criteria for a creditable food, as determined by the state agency, and appear on the CYFD/FNB Non Creditable Foods list. A meal may contain both creditable and non creditable foods. Non creditable foods may be served to supply calories to meet the energy needs of growing children, or to improve acceptability of the rest of the meal. However, non creditable foods may not be used to meet the meal pattern requirements.

EE. "NYSP" means the National Youth Sports Program administered by the National Collegiate Athletic Association.

FF. "NYSP feeding site" means a site which qualifies for Program participation on the basis of free meal applications taken from enrolled children and at which all of the children receiving Program meals are enrolled in the NYSP.

GG. "OIG" means the Office of the Inspector General, which is the federal enforcement agency of the Department of Justice.

HH. "Operating costs" means the cost of operating a food service under the Program.

(1) Operating costs include; the cost of obtaining food, labor directly involved in the preparation and service of food, cost of non food supplies, rental and use allowances for equipment and space and cost of transporting children in rural areas to feeding sites in rural areas.

(2) Operating costs exclude; the cost of the purchase of land, acquisition or construction of buildings, alteration of existing buildings, interest costs, the value of in-kind donations and administrative costs.

II. "Private non profit" means tax exempt under the Internal Revenue Code of 1986, as amended.

JJ. "Private non profit organization" means an organization (other than private nonprofit residential camps, school food authorities, or colleges or universities participating in the NYSP) which meets the definition of "private nonprofit" in this Section, and which:

(1) Administers the Program at no more than 25 sites, with not more than 300 children being served at any approved meal service at any one site or, with a waiver granted by the State in accordance with 7 CFR Section 225.6(b)(6)(iii) of this Part, not more than 500 children being served at any approved meal service at any one site;

(2) Operates in areas where a school food authority or the local, municipal, or county government has not indicated by March 1 of the current year that such authority or unit of government will operate the Program in the current year except that, if a school food authority or local, municipal, or county government has served that area in the prior year's Program, the private nonprofit organization may only sponsor the Program in that area if it receives a waiver from the state agency in accordance with 7 CFR Section 225.6(a)(3)(iv)(13));

(3) Exercises full control and authority over the operation of the Program at all sites under its sponsorship;

(4) Provides ongoing year-round activities for children or families;

(5) Demonstrates that it possesses adequate management and the fiscal capacity to operate the Program; and

(6) Meets applicable state and local health, safety, and sanitation standards.

KK. "Program" means the Summer Food Service Program for Children authorized by Section 13 of the National School Lunch Act.

LL. "Program funds" means federal financial assistance made available to state agencies for the purpose of making Program payments.

MM. "Program payments" means financial assistance in the form of start-up payments, advance payments, or reimbursement paid to sponsors for operating and administrative costs.

NN. "Rural" means (a) any area in a county which is not a part of a Metropolitan Statistical Area or (b) any "pocket" within a Metropolitan Statistical Area which, at the option of the state agency and with FNSRO concurrence, is determined to be geographically isolated from urban areas.

OO. "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.

PP. "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.

QQ. "Session" means a specified period of time during which an enrolled group of children attend camp.

RR. "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.

SS. "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.

TT. "Sponsor" means a public or private non-profit school food authority, a public or private non profit residential summer camp, a unit of local, municipal, county or state government, a public or private non profit college or university currently participating in the NYSP, or a private non profit 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. In addition "sponsor" may also mean a public or private non-profit college or university which participates in the NYSP during the months of October through April and is approved to participate in the Program. Sponsors are referred to in the Act as "service institutions".

UU. "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 are deducted from subsequent administrative cost payments.

VV. "State" means the state of New Mexico.

WW. "State agency" means the New Mexico Children, Youth and Families Department.

XX. "TANF assistance unit" means any individual or group of individuals which is currently certified to receive assistance under the Temporary Assistance to Needy Families program in a state where the standard of eligibility for TANF benefits does not exceed the income standards for free meals under the National School Lunch Program ( 7 CFR Part 245).

YY. "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 Section 7 CFR 225.15, from a food service management company.

N.M. Admin. Code § 8.2.3.7

8.2.3.7 NMAC - Rp 8 NMAC 2.3.7, 11-30-01