(a) Filing petitions. Until a new amount is set pursuant to this
paragraph (a), the RA may permit an employer to charge workers up to
$6.58 for providing them with three meals per day, if the employer
justifies the charge and submits to the RA the documentation required by
paragraph (b) of this section. In the event the employer's petition for
a higher meal charge is denied in whole or in part, the employer may
appeal such denial. Such appeals shall be filed with the Chief
Administrative Law Judge. Administrative law judges shall hear such
appeals according to the procedures in 29 CFR part 18, except that the
appeal shall not be considered as a complaint to which an answer is
required. The decision of the administrative law judge shall be the
final decision of the Secretary. Each year the maximum charge allowed by
this paragraph (a) will be changed by the same percentage as the twelve-
month percent change for the Consumer Price Index for all Urban
Consumers for Food between December of the year just concluded and
December of the year prior to that. The annual adjustments shall be
effective on the date of their publication by the Director as a notice
in the Federal Register. However, an employer may not impose such a
charge on a worker prior to the effective date contained in the RA's
written confirmation of the amount to be charged.
(b) Required documentation. Documentation submitted shall include
the cost of goods and services directly related to the preparation and
serving of meals, the number of workers fed, the number of meals served
and the number of days meals were provided. The cost of the following
items may be included: Food; kitchen supplies other than food, such as
lunch bags and soap; labor costs which have a direct relation to food
service operations, such as wages of cooks and restaurant supervisors;
fuel, water, electricity, and other utilities used for the food service
operation; and other costs directly related to the food service
operation. Charges for transportation, depreciation, overhead and
similar charges may not be included. Receipts and other cost records for
a representative pay period shall be available for inspection by the RA
for a period of one year.
