7 C.F.R. § 220.4

Payment of funds to States and FNSROs

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(a) To the extent funds are available, the Secretary shall make breakfast assistance payments to each State agency for breakfasts served to children under the Program. Subject to § 220.13(b)(2), the total of these payments for each State for any fiscal year shall be limited to the total amount of reimbursement payable to eligible schools within the State under this part for the fiscal year.

(b) The Secretary shall prescribe by July 1 of each fiscal year annual adjustments to the nearest one-fourth cent in the national average per breakfast factors for all breakfasts and for free and reduced price breakfasts, that shall reflect changes in the cost of operating a breakfast program.

(c) In addition to the funds made available under paragraph (a) of this section, funds shall be made available to the State agencies, and FNSROs where applicable, in such amounts as are needed to finance reimbursement rates assigned in accordance with the provisions of § 220.9(c).

(Secs. 801, 803, 812; Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 1753, 1759(a), 1773, 1758); Pub. L. 97-370, 96 Stat. 1806) [38 FR 35554, Dec. 28, 1973, as amended at 40 FR 30923, July 24, 1975; 46 FR 51367, Oct. 20, 1981; 48 FR 20896, May 10, 1983; Amdt. 49, 49 FR 18987, May 4, 1984]

Notes of Decisions

Cited in 1 case, 1975–1975 · leading case: Torres v. Butz, 397 F. Supp. 1015 (N.D. Ill. 1975).

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Torres v. Butz, 397 F. Supp. 1015 (N.D. Ill. 1975). “§ 1759a; 7 CFR § 220.4 (e). If any school is unable to operate the Program within normal reimbursement rates, the Board can apply in its behalf for reimbursement of 100% of the cost of any breakfast served up to $0.”

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