7 C.F.R. § 245.1

General purpose and scope

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(a) This part established the responsibilities of State agencies, Food and Nutrition Service Regional Offices, school food authorities or local educational agencies, as defined in § 245.2, as applicable in providing free and reduced price meals and free milk in the National School Lunch Program (7 CFR part 210), the School Breakfast Program (7 CFR part 220), the Special Milk Program for Children (7 CFR part 215), and commodity schools. Section 9 of the National School Lunch Act, as amended, and sections 3 and 4 of the Child Nutrition Act of 1966, as amended, require schools participating in any of the programs and commodity schools to make available, as applicable, free and reduced price lunches, breakfasts, and at the option of the School Food Authority for schools participating only in the Special Milk Program free milk to eligible children.

(b) This part sets forth the responsibilities under these Acts of State agencies, the Food and Nutrition Service Regional Offices, school food authorities or local educational agencies, as applicable, with respect to the establishment of income guidelines, determination of eligibility of children for free and reduced price meals, and for free milk and assurance that there is no physical segregation of, or other discrimination against, or overt identification of children unable to pay the full price for meals or milk.

(Sec. 803, Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 1758)) [Amdt. 6, 39 FR 30337, Aug. 22, 1974, as amended by Amdt. 10, 41 FR 28783, July 13, 1976; 47 FR 31852, July 23, 1982; 72 FR 63792, Nov. 13, 2007]

Notes of Decisions

Cited in 2 cases, 1975–1985 · leading case: Chocolate Mfrs. Ass'n v. Block, 755 F.2d 1098 (4th Cir. 1985).

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Chocolate Mfrs. Ass'n v. Block, 755 F.2d 1098 (4th Cir. 1985). “Regulations promulgated by USDA affecting the conduct of these programs also appear at 7 C.F.R. §§ 245.1 , 245.-2(f-l) (1984). .”

Richmond Welfare Rights Org. v. Woodrow W. Snodgrass, 525 F.2d 197 (9th Cir. 1975). “-8(e)); (9) that “schools participating” shall serve lunches to children determined unable to pay ( 7 C.F.R. § 245.1 ); and (10) that eligibility standards shall be applicable to “all schools participating” ( 7 C.”

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