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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office of P-20 Education Policy
Child Nutrition Program Administration
89 Washington Avenue, Room 375 EBA, Albany, NY 12234
Phone: (518) 473-8781 Fax: (518) 473-0018

To: 
School Food Service Directors/Managers
From: 
Paula Tyner-Doyle, Coordinator
Date: 
Wednesday, February 13, 2019
Subject: 
Donation of Leftover Food to Charitable Organizations

The United States Department of Agriculture has been a proponent of expanding the national movement to use food recovery and gleaning as an effective means of reducing food waste and helping the hungry for decades.  The NYS Senate (S5664-B) and Assembly (A2409-B) passed a Bill effective March 2018 to amend Education Law Section 305, adding a new Subdivision 32 that encourages school districts to establish plans for the donation of excess, unused, edible food from school meals to local voluntary food assistance programs.  Consequently, we are frequently asked about diverting leftovers to this worthy cause.

Child Nutrition Program regulations require schools to prepare and maintain food production records to control production.  Under-producing food items results in unhappy customers when food items run out before the end of service.  Overproduction results in increased food costs, which is unwise when you are trying to keep the cost of the meal to students as low as possible.

While school food directors/managers should continue to plan production for one meal per child per day, we realize that forecasting the amount of food to prepare is a difficult task, which may result in leftover food.  However, there are occasions when it is appropriate to donate wholesome leftovers, which cannot be reused, to appropriate non-profit organizations that feed the needy.

We are not advocating overproduction or increased food costs in order to be charitable.  Whenever possible, leftovers should be served the next day or frozen for another day.  However, there are certain circumstances that could result in your inability to retain food items.  For example, a power failure or snowstorm prior to a long vacation may result in the inability to hold food safely.   When donating food, be sure that the transfer is in accordance with State and local sanitation procedures and health codes, and that correct sanitation procedures are followed to ensure the food quality and safety of the food throughout the transportation process.

We encourage directors/managers to become aware of food recovery efforts in their area so they know the procedures to follow. 

USDA Nondiscrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

  1. mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  2. fax:
    (833) 256-1665 or (202) 690-7442; or
  3. email:
    program.intake@usda.gov

 

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.

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