Louisiana Revised Statutes 17:194 – Administration of nutrition program; general powers of governing authorities of nutrition program providers; funds for privately supplied programs for profit prohibited; exceptions
Terms Used In Louisiana Revised Statutes 17:194
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing authority of a nutrition program provider: means any authority which has executed an agreement or contract with the state Department of Education to participate in a nutrition program authorized by this Subpart. See Louisiana Revised Statutes 17:191
- Nutrition program: means a program under which meals or snacks are served by any governing authority of a nutrition program provider in this state on a nonprofit basis to individuals in attendance, including any such program under which a nutrition program provider receives assistance out of the funds appropriated by the Congress of the United States. See Louisiana Revised Statutes 17:191
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. The state Department of Education may enter into agreements with any agency of the federal government, with any governing authority of a nutrition program provider, or with any other agency or person.
B. The state Department of Education, pursuant to rules and regulations promulgated by the State Board of Elementary and Secondary Education, may employ personnel and take other action it may deem necessary to provide for the establishment, maintenance, and expansion of any nutrition program and to direct the disbursement of federal and state funds in accordance with any applicable provisions of federal or state law. However, no state appropriated funds shall be disbursed for the support of any nutrition program which shall be used by any private person, enterprise, concern, or other entity for profit, regardless of any authority in federal or state law for contracting with such a private supplier or provider of nutrition programs, except with regard to the following:
(1) The Child and Adult Care Food Program, as provided in regulations issued by the State Board of Elementary and Secondary Education.
(2) Any elementary or secondary school operated by Louisiana State University and Agricultural and Mechanical College or by Southern University and Agricultural and Mechanical College.
C. The state Department of Education may give technical advice and assistance to any governing authority of a nutrition program provider in connection with the establishment and operation of any nutrition program and may assist in training personnel engaged in the operation of such program. The state Department of Education and any governing authority of a nutrition program provider may accept any gift for use in connection with any nutrition program.
D. The state Department of Education and any governing authority of a nutrition program provider may use the simplified acquisition procedures for small purchases up to the federal threshold set by 41 U.S.C. § 134 in order to support procurement of local agricultural products and the USDA Farm to School initiatives, and such authority shall not conflict with the United States Department of Agriculture child nutrition program requirements, including 2 C.F.R. § 200.319(b).
Amended by Acts 1950, No. 275, §1; Acts 1970, No. 612, §1; Acts 2009, No. 279, §1; Acts 2012, No. 416, §1; Acts 2015, No. 167, §1; Acts 2017, No. 97, §1.