Page:United States Statutes at Large Volume 91.djvu/1362

 91 STAT. 1328

Certification.

Payments, computation.

Limitation.

Valid claims, receipt. Withholding.

Meals, contents.

PUBLIC LAW 95-166—NOV. 10, 1977 continuous school calendar, the first day of each month of operation, the State shall forward advance program payments to each service institution: Provided, That (A) the State shall not release the second month's advance program payment to any service institution that has not certified that it has held t r a i n i n g sessions for its own personnel and the site personnel with regard to program duties and responsibilities, and (B) no advance program payment may be made for any month in which the service institution will operate under the program for less than ten days. " (2) The amount of the advance program payment for any month in the case of any service institution shall be an amount equal to (A) the total program payment for meals served by such service institution in the same calendar month of the preceding calendar year, (B) 50 percent of the amount established by the State to be needed by such service institution for meals if such service institution contracts with a food service management company, or (C) 65 percent of the amount established by the State to be needed by such service institution for meals if such service institution prepares its own meals, whichever amount is greatest: Provided, That the advance program payment may not exceed the total amount estimated by the State to be needed by such service institution for meals to be served in the month for which such advance program payment is made or $40,000, whichever is less, except that a State may make a larger advance program payment to such service institution where the State determines that such larger payment is necessary for the operation of the program by such service institution and sufficient administrative and management capability to justify a larger payment is demonstrated. The State shall forward any remaining payment due a service institution not later than seventyfive days following receipt of valid claims. If the State has reason to believe that a service institution will not be able to submit a valid claim for reimbursement covering the period for which an advance program payment has been made, the subsequent month's advance program payment shall be withheld until such time as the State has received a valid claim. Program payments advanced to service institutions that are not subsequently deducted from a valid claim for reimbursement shall be repaid upon demand by the State. Any prior payment that is under dispute may be subtracted from an advance program payment.

" (f) Service institutions receiving funds under this section shall serve meals consisting of a combination of foods and meeting minimum nutritional standards prescribed by the Secretary on the basis ffii,mG'.l f,-!--^ of tested nutritional research. Such meals shall be served without cost to children attending service institutions approved for operation under this section, except that, in the case of camps, charges may be made for meals served to children other than those who meet the eligibility requirements for free or reduced price meals in accordance with subsection (a)(5) of this section. To assure meal quality. States Quality assurance, shall, with the assistance of the Secretary, prescribed model meal specispecifications and fications and model food quality standards, and ensure that all service standards. institutions contracting for the preparation of meals with food service Meal preparation management companies include in their contracts menu cycles, local contracts, food safety standards, and food quality standards approved by the requirements. State. Such contracts shall require (A) periodic inspections, by an Inspection and independent agency or the local health department for the locality in testing. which the meals are served, of meals prepared in accordance with the contract in order to determine bacteria levels present in such meals, and (B) that bacteria levels conform to the standards which are

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