National School Lunch Program

Section 111 of the Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265) amended section 9(h) of the Richard B. Russell National School Lunch Act by requiring school food authorities (SFAs) to implement a food safety program. The Reauthorization Act requires that, during the preparation and service of meals, the SFA comply with a HACCP system established by the Secretary of Agriculture. The law requires compliance with this requirement by July 1, 2005.

The United States Department of Agriculture (USDA), Food and Nutrition Services (FNS) is required to comply with the regulations of the United States Office of Civil Rights. Local Education Agencies (LEAs) that receive federal funds from USDA such as Child Nutrition Program lunch, breakfast, snack, or milk reimbursements must collect data specific to their operations regarding non-discrimination and civil rights. Most school districts and many nonpublic schools already collect this data as part of the No Child Left Behind Act.

USDA recently created the attached Questions and Answers (Q&As) to further explain the geographic preference option. This information will provide guidance and technical assistance to schools that are trying to connect with local or regional farmers in order to incorporate more fresh, local foods into their school meal programs.

    There is a growing interest among school food authorities (SFAs) on the use of vending machines to provide reimbursable meals in the school meal programs.  USDA has provided the following guidance for SFAs that are considering whether a meal vending machine could be successfully incorporated into their National School Lunch (NSLP) and School Breakfast Programs (SBP).

      School food authorities (SFAs) must maintain appropriate records for procurement transactions occurring in connection with the Child Nutrition Programs.

The recently enacted Fiscal Year 2008 Agriculture Appropriations Act directed the United States Department of Agriculture (USDA) to work with School Meal Program administrators and local food advocates to identify opportunities for growth in local procurement, and provide Congress a report on these efforts.  In response to this request and their ongoing Farm to School efforts, USDA recently held a “Farm to School” session at the National Anti-Hunger Policy Conference sponsored by the Food Research and Action Center and America’s Second Harvest.  The session, which was held on March

          Federal regulation 7 CFR Part 3016.36(b) prohibits the awarding of contracts to any entity that develops or drafts specifications, requirements, statements of work, invitations for bids, requests for proposals, contract terms and conditions or other procurement documents.  This reminder is being re-issued since USDA continues to receive complaints that a number of school food authorities (SFAs) are not drafting their own specifications and procurement documents, but instead directly incorporating a list of features written by a prospective bidder. 

The 2008 Farm Bill amended the Richard B. Russell National School Lunch Act to direct that the Secretary of Agriculture encourage institutions operating Child Nutrition Programs to purchase unprocessed locally grown and locally raised agricultural products.

Provisions of the law effective October 1, 2008 were initially implemented through policy memoranda and explanatory question and answer communications. A proposed rule was published April 19, 2010; USDA received 77 comments which were reviewed before they issued their final rule on this subject on April 22, 2011.

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.