North Dakota Administrative Code

Local agencies must 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. History: Effective February 1, 2000; am…

The special milk program, initiated at the federal level and in partnership with the states, is designed to encourage the consumption of fluid milk by children. History: Effective February 1, 2000. General Authority: NDCC 15.1-35-03, 28-32-02 Law Implemented: NDCC 15.1-35-03

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. History: Effective February 1, 2000. General Authorit…

Unless otherwise specified in this chapter, eligibility to participate in the special milk program is governed by federal special milk program regulations. The local program must conform to lawfully issued rules and policies relating to the special milk program. History: Effectiv…

Local agencies eligible for participation in the special milk program include: 1. Nonprofit schools of high school grade and under which do not participate in a meal service program authorized under the National School Lunch Act. 2. Split-session kindergarten programs in which th…

Application forms are available at the Department of Public Instruction, 600 East Boulevard Avenue, Department 201, Bismarck, North Dakota 58505-0440. 1. The application forms include: a. A program agreement, which includes: (1) Identification of the program or programs in which …

The department of public instruction shall conduct onsite visits to participating local agencies to ensure compliance with program regulations and with the nondiscrimination regulations of the United States department of agriculture. History: Effective February 1, 2000. General A…

Local agencies shall submit claims for reimbursement using the basic claim for reimbursement form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim. Federal reimbursement levels are determined on a…

The local agency food service program shall adhere to state and local health and food safety requirements, as adopted by the state department of health, overviews of which are available from the department of public instruction. History: Effective January 1, 2020. General Authori…

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 initiate, maintain, and expand nonprofit food service programs for children or adult participants in nonresidential institutio…

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. History: Effective February 1, 2000. General Authority: NDCC 15.1-35-03, 28-32-02 Law Implemented: N…

Unless otherwise specified in this chapter, eligibility to participate in the child and adult care food program is governed by federal child and adult care food program regulations. Local agencies must conform to lawfully issued regulations and policies relating to the program. H…

Local agencies eligible to participate in the program include: 1. An adult day care center, licensed or approved, independent or under the auspices of a sponsoring organization. 2. Public or private nonprofit child care centers, or any proprietary title XX centers that meet feder…

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. A program agreement, which includes: a. A provision that the institution shall accept final fin…

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 a…

Local agencies shall submit claims for reimbursement using the child and adult care food program reimbursement claim form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim. Federal reimbursement le…

All meals served under the program must meet the guidelines as stipulated in the federal regulations. History: Effective February 1, 2000. General Authority: NDCC 15.1-35-03, 28-32-02 Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 226.20

Certain local participating agencies, as prescribed in the federal regulations, must make an annual selection of accepting donated United States department of agriculture foods or cash in lieu of United States department of agriculture foods. The amount of commodities for both ca…

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 fun…

Agencies must maintain a financial management system to account for revenues and expenditures of the food service program and to justify claims for reimbursement. The department requires 3 authorized representatives of participating child care facilities to annually file a nonpro…

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 ma…

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. History: Effective January 1, 2020. Ge…

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…

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. History: Effective February 1, 2000; amended effective J…

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. History: Effe…

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…

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 …

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 a…

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 basi…

All meals served under the program must meet the guidelines as stipulated in the federal regulations. History: Effective February 1, 2000. General Authority: NDCC 15.1-35-03, 28-32-02 Law Implemented: NDCC 15.1-35-03; 7 CFR 225.16

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 en…

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 fun…

Local agencies must maintain accurate records that justify all costs and meals claimed. History: Effective February 1, 2000. General Authority: NDCC 15.1-35-05, 28-32-02 Law Implemented: NDCC 15.1-35-05; 7 CFR 253.15

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. History: Effective January 1, 2020. Gen…

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 w…

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 prog…

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. History: Effecti…

Local agencies and programs eligible for participation in the food distribution program include: 1. Nonprofit summer camps for children. 1 2. Charitable institutions. 3. Nutrition programs for the elderly. 4. Disaster feeding organizations. 5. Food assistance in situations of dis…

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…

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 tra…

storage facilities. 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 temperatu…

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 passthrough entity and uses state and federal program funding to pay for w…

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 …

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 ope…

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…

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. History: Effective February 1, 2000. General Authority: NDCC 15.1-35-03, 28-32-02 Law Impl…

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…

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. History: Effective February…

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 t…

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. Hist…