1. (a) “Agreement” means the School Lunch Program Application-Agreement or the School Breakfast Program Application-Agreement between the child nutrition entity and the California Department of Education (CDE) for operation of a school lunch and/or breakfast program, also referred to as the Permanent Single Agreement.
2. (b) “Breakfast program” means a program operated by a child nutrition entity to provide pupils with a nutritionally adequate breakfast.

3. (c) “Child nutrition entity” means a school food authority, which is defined in 7 Code of Federal Regulations sections 210.2, 215.2, 220.2, 225.2, and 250.2, that is a public or private nonprofit organization's legal governing body that:

   1. (1) Is responsible for the administration of one or more schools;
   2. (2) Has legal authority to operate and has been approved to operate a child nutrition program as defined in 7 Code of Federal Regulations parts 210, 215, 220, 225 and 250; and
   3. (3) Has legal authority to enter into an agreement with the CDE.
4. (d) “Child nutrition program” means any federally-funded nutrition programs administered by the United States Department of Agriculture and CDE according to the National School Lunch Act of 1946 (Public Law [P.L.] 79-396), as amended, and the Child Nutrition Act of 1966 (P.L. 89-642), as amended, and Education Code sections 49490 through 49536, 49547 through 49564.5, and 49570 through 49571 as applicable, and section 48931. Specifically, child nutrition programs include the National School Lunch Program (NSLP), NSLP Afterschool Meal Supplements Program, NSLP Seamless Summer Option, School Breakfast Program, Special Milk Program, Food Distribution Program, and Summer Food Service Program.
5. (e) “Department” means the California Department of Education.
6. (f) “Lunch program” means a program operated by a child nutrition entity to provide pupils with a nutritionally adequate lunch.
7. (g) “Nutritionally adequate breakfast” means a breakfast that meets or exceeds minimum food and nutrition requirements pursuant to section 15559.
8. (h) “Nutritionally adequate lunch” means a lunch that meets or exceeds minimum food and nutrition requirements pursuant to section 15558.

As used in this article:

Note: Authority cited: Sections 33031 and 49531, Education Code. Reference: 7 C.F.R. Sections 210.2, 210.10, 220.2 and 220.8.

History

1. Amendment of subsection (g) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).

2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).

3. Amendment of section and new Note filed 9-26-2019; operative 1-1-2020 (Register 2019, No. 39).

4. Amendment of subsections (a) and (c), new subsections (c)(1)-(3) and amendment of subsection (d) and Note filed 1-30-2025; operative 4-1-2025 (Register 2025, No. 15).