# Title 67 — Public Instruction, Superintendent of

## Article 67-21 — School Food Programs

## Chapter 67-21-09 — The Commodity Supplemental Food Program

Distribution
### § 67-21-09-01. Purpose.

The commodity supplemental food program, 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 eligible local agencies.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03; 7 CFR 247.2
### § 67-21-09-02. State agency.

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 local agencies that wish to participate in this manner.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.3
### § 67-21-09-03. Use of federal rules and policies.

Unless otherwise specified in this chapter, eligibility to participate in the commodity supplemental
food program is governed by federal rules. The local program shall conform to lawfully issued rules and
policies relating to the food distribution program.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247
### § 67-21-09-04. Availability of United States department of agriculture foods, storage, and

distribution.
Local agencies are eligible to receive United States department of agriculture foods that are made
available under the Agriculture and Consumer Protection Act of 1973 and the Agricultural Act of 2014.
The availability and control of donated United States department of agriculture foods must be in
accordance with 7 CFR 247.10 for the commodity supplemental food program.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.10

### § 67-21-09-05. Eligibility.

Local agencies and programs eligible for participation in the commodity supplemental food program
are public and nonprofit private organizations that have entered an agreement with the department of
public instruction to provide nutrition assistance to low-income elderly persons. Local agencies include
community action agencies, food banks, hunger centers, and similar public or private nonprofit local
agencies.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.7, 7 CFR 247.9
### § 67-21-09-06. Monitoring.

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 ensure local agencies meet program requirements and
objectives.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.34
### § 67-21-09-07. Administrative payments.

The department of public instruction shall provide administrative payments to local agencies to
support expenses associated with the storage and further distribution of United States department of
agriculture foods. Administrative funds are allocated to participating local agencies based on a
submitted budget and on the basis of individual participation.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.23, 7 CFR 247.25
