New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 36 - CHILD NUTRITION PROGRAMS
Subchapter 1 - GENERAL PROVISIONS
Section 2:36-1.1 - Definitions
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Agreement for School Nutrition Programs" means the agreement entered into between the Department and each sponsor pursuant to Federal regulations 7 CFR Parts 210, 215, 220 and 245.
"Application" means the notifying letter and application form issued to all parents of students enrolled in school to determine eligibility for child nutrition programs.
"Bureau" means the Bureau of Child Nutrition Programs, which administers the Federal child nutrition program in the State of New Jersey.
"Candy" is defined as any food item, that as served in its finished form, contains, by weight, 40 percent or more sugar (in crystalline form or in solution as syrup, both monosaccharides and disaccharides) and/or other sweetening agents, or any food product commonly referred to as "candy."
"Child Nutrition Programs" means the National School Lunch Program, School Breakfast Program, After School Snack Program, Fresh Fruit and Vegetable Program, Special Milk and Split-Session Kindergarten Milk Programs, Child Care Food Programs and the Summer Food Service Program.
"Competitive foods" means all food and beverage items, other than the reimbursable meals, sold, served, or given away during the school day.
"Department" means the State Department of Agriculture.
"Department's Consolidated Enrollment Report: Current School Enrollment Data" means a comprehensive report which districts are required to submit each October to the State Department of Education to provide information on school enrollment data, including the number of students eligible for free and reduced price meal benefits.
"Division" means the Division of Food and Nutrition, which is the division within the State Department of Agriculture that contains the Child Nutrition Programs and the Food Distribution Program.
"Enrolled student" means all students enrolled in the school including pre-kindergarten, kindergarten and grades one through 12 regardless of participation in the School Nutrition Programs.
"Five percent threshold" means the point at which five percent or more of the total school enrollment of each school in the district is eligible for free or reduced price meals and/or free milk.
"Foods of minimal nutritional value" means those foods contained in the following categories as specified in the United States Department of Agriculture, regulations 7 CFR Part 210 Appendix B: soda water, water ices, chewing gum, certain candies: hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy and candy coated popcorn.
"Free and Reduced Price Policy" means the free and reduced-price policy required by applicable regulations of the USDA, 7 CFR Parts 210, 215, 220, and 245.
"Hours of operation" means from the beginning of the first scheduled meal period until the end of the last scheduled meal period.
"Local educational agency" means a public board of education or other public or private nonprofit authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public or private nonprofit elementary schools or secondary schools in a city, county, township, school district or other political subdivision of a State, or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public or private nonprofit elementary schools or secondary schools, which has legal authority to operate the National School Lunch, School Breakfast, After School Snack, Fresh Fruit and Vegetable or Special Milk Program.
"Local school wellness policy" means the nutrition and wellness policy developed by the school food authority in accordance with Federal and State rules and regulations.
"Meal" means a reimbursable school breakfast, school lunch and/or after school snack.
"Milk" means a variety of fluid milk consistent with the most recent Dietary Guidelines for Americans and the milk provisions of the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966, as amended, and associated Federal regulations.
"New Jersey School Nutrition/Wellness Policy" means the nutrition policy containing standards developed by the State Department of Agriculture, incorporated herein by reference as the chapter Appendix.
"Nonprofit school food service" means all food service operations conducted by the school food authority principally for the benefit of school children, all of the revenue from which is used solely for the operation or improvement of such food services.
"Nutrition standards" means those standards established by the U.S. Department of Agriculture at 7 CFR Parts 210 and 220 incorporated by reference by the State Department of Agriculture. These standards govern the type and nutritional value of all food items offered as part of the school lunch, school breakfast and after school snack meal pattern and a la carte food items.
"Point of service" means that point in the food service operation where a determination can accurately be made that a reimbursable free, reduced-price or paid meal and/or free or paid milk has been served to an eligible child.
"School" means a site operating under the supervision of a sponsor as defined herein.
"School campus" means, for the purpose of competitive food standards implementation, all areas of the property under the jurisdiction of the school that are accessible to students during the school day.
"School day" means, for the purpose of competitive food standards implementation, the period from the midnight before, to 30 minutes after the end of the official school day.
"School food authority" means a public board of education or other public or private nonprofit authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public or private nonprofit elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public or private nonprofit elementary schools or secondary schools, which has legal authority to operate the National School Lunch, School Breakfast, After School Snack, At-Risk Afterschool Meals, Fresh Fruit and Vegetable, or Special Milk Program.
"School Nutrition Programs" means those programs administered by the Division of Food and Nutrition, which include the National School Lunch Program, School Breakfast Program, After School Snack Program, Fresh Fruit and Vegetable Program, and Special Milk Programs.
"Secretary" means the Secretary of the New Jersey Department of Agriculture.
"Sponsor" means the school food authority participating in any child nutrition program.
"Sugar" means any class of water-soluble crystalline carbohydrates having a sweet taste. Sugar also comes in syrup form. Other words for sugar include, but are not limited to, fructose, sucrose, lactose, maltose, glucose, galactose, honey, dextrin, malt, molasses, maple syrup and corn syrup.
"Survey" means the procedure required of every school and sponsor to determine eligibility of every enrolled student for free and reduced-price meals regardless of whether the school has an agreement with the Department to participate in any of the School Nutrition Programs.
"20 percent threshold" means the point at which 20 percent or more of the total school enrollment of each school is eligible for free or reduced priced meals and/or free milk.
"USDA" means the United States Department of Agriculture.
