Education, Administration

Rule R277-720

Child Nutrition Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 35937
Filed: 03/15/2012 01:48:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to update revision dates on publications, add guidance and instructions issued by the United States Department of Agriculture (USDA), and delete an outdated program.

Summary of the rule or change:

The amendments provide updated revision dates and add a new publication in Section R277-720-3 and delete an outdated program in Section R277-720-4.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-1-402(1)(b)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendments provide updated revision dates, a new publication, and delete an outdated program; changes do not result in a cost or savings.

local governments:

There are no anticipated costs or savings to local government. The amendments provide updated revision dates, a new publication, and delete an outdated program; changes do not result in a cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to the federal child nutrition program and does not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments provide updated revision dates, a new publication, and deletes an outdated program; changes do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendments provide updated revision dates, a new publication, and remove an outdated program which do not result in compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2012

This rule may become effective on:

05/08/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-720. Child Nutrition Programs.

R277-720-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "USOE" means the Utah State Office of Education.

 

R277-720-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, by Section 53A-1-402(1)(b) which directs the Board to make rules and minimum standards regarding access to programs, and by Section 53A-1-402(3) which authorizes the Board to administer funds made available through programs of the federal government.

B. The purpose of this rule is to specify the standards and procedures for child nutrition programs administered by the Board.

 

R277-720-3. Standards and Procedures for Child Nutrition.

A. The Board adopts the following laws and regulations found at the Utah State Office of Education Child Nutrition Section and law libraries and hereby incorporates them by reference:

(1) the Richard B. Russell National School Lunch Act, 42 USC 1751, et seq.;

(2) the Child Nutrition Act of 1966, 42 USC 1771, et seq.; and

(3) the Emergency Food Assistance Act, 7 USC, 7501, et seq.

B. The Board shall act in accordance with the following publications available from the USOE Child Nutrition Section:

(1) Administrative Manual, NSLP/NSBP/SMP , [(3 vols), 1998]2010;

(2) Administrative Manual, CACFP (FDCH), [(3 vols), 2000]2012;

(3) Administrative Manual, Centers, [(3 vols), 2001]2012;

(4) Code of Federal Regulations, Chapter 7;[ and]

(5) state plans and agreements which are required and submitted under applicable federal law[.]; and

(6) guidance and instructions issued by USDA regarding laws and regulations identified in R277-720-3.

 

R277-720-4. Programs.

The Board administers the following federal child nutrition programs:

A. National School Lunch Program;

B. School Breakfast Program;

C. Special Milk Program;

D. Child and Adult Care Food Program;

E. Summer Food Service Program for Children;

F. Food Distribution Program; and

G. [Nutrition Education and Training Program; and

H.] At Risk After School Snack Program.

 

KEY: school lunch programs , nutrition

Date of Enactment or Last Substantive Amendment: [January 15, 2004]2012

Notice of Continuation: September 6, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(b); 53A-1-402(3)