Fresh Fruits & Vegetables Program

The purpose of this memorandum is to update the definition of what is considered “unprocessed” for the purposes of applying the optional geographic preference for procurement in the Child Nutrition Programs.

It has been brought to our attention that some schools may be applying for or participating in grant programs aimed at assisting schools with start-up and/or expansion, especially of the School Breakfast Program (SBP) and Summer Food Service Program (SFSP). The foundations sponsoring the grants are associated with companies that provide goods and services to the school meal programs. Review of these grant programs revealed that at least some contain a mandatory purchasing component, requiring recipients to purchase and use a vendor's specified product for a stipulated amount of time.

This memorandum provides information on a provision of the recently enacted Food, Conservation, and Energy Act of 2008 (P.L. 110-246) that applies to procurements in the Child Nutrition Programs.  Section 4302 of P.L. 110-246 amended section 9(j) of the Richard B. Russell National School Lunch Act (NSLA) to require the Secretary of Agriculture to encourage institutions operating the Child Nutrition Programs to purchase unprocessed locally grown and locally raised agricultural products. 

The Healthy, Hunger-Free Kids Act of 2010 (the Act), Public law 111-296, clarifies requirements for participation in evaluations, studies and research in the Child Nutrition Programs.

The U.S. Department of Agriculture published a final rule on Hazard Analysis and Critical Control Point (HACCP) standards for the school nutrition programs in the December 15, 2009 issue of the Federal Register. The final rule implements the legislative provisions included in the 2004 Child Nutrition and WIC Reauthorization Act that require all school food authorities that participate in the National School Lunch Program or the School Breakfast Program to develop a food safety system that implements the HACCP system. Please see the link below for additional information.

In response to several inquiries, this memorandum provides guidance on the allowable consumption of FFVP fruits and vegetables by teachers.

USDA realizes that teachers can play a valuable role in modeling fruit and vegetable consumption. Therefore, they are allowing schools to allow teachers to consume fruits and vegetables as part of the FFVP under the following conditions:

            The “And Justice for All” posters are due for revision; however, the re-printing has been delayed indefinitely.  In the interim, the 1999 “And Justice for All” posters are to be used in all programs administered with USDA funds.  Please note that text in the 2013 updated Nondiscrimination Statement required to be used on all Child Nutrition Program materials is different from text on the posters.  USDA recognizes this, but directs that the 1999 version of the poster is acceptable for display.