5P-1.001. Definitions

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 [e-mail], 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. History–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.