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05-071 DEPARTMENT OF EDUCATION
Chapter 51: CHILD NUTRITION PROGRAMS IN PUBLIC SCHOOLS AND
INSTITUTIONS
SUMMARY: This chapter contains state regulations which supplement federal
regulations pertaining to the National School Lunch Program (which includes
the After School Snack), the School Breakfast Program and the School Milk
Program.
1. Definitions
A. "Milk" means pasteurized,
fluid types of whole milk, low fat milk, skim milk, or cultured buttermilk
which meet State standards for such milk except that, in the meal pattern for
infants (0-1 year of age) milk means unflavored types of whole fluid milk or an
equivalent quantity of reconstituted evaporated milk which meet such
standards. All milk should contain
Vitamins A and D at levels specified by the Food and Drug Administration and
consistent with State standards for such milk.
B. "Especially Needy School Lunch School" means a school (1) in which
fifty percent or more of the children participating in the National School
Lunch Program are eligible for free or reduced price meals, (2) which documents
its inability to meet matching
requirements, (3) which documents its need for equipment.
C. "Especially Needy Breakfast
Program" means (1) a school in which fifty percent or more of the children
participating in the School Breakfast Program are eligible for free or reduced
price meals or (2) a school that has unusually high meal costs.
A. “Foods
of minimal nutritional value” means: (a)
In the case of artificially sweetened foods, a food which provides less than 5
percent of the Reference Daily Intake (RDI) for each of the eight specified
nutrients per serving; (b) in the case of all other foods, a food which
provides less than 5 percent of the RDI for each of eight specified nutrients per
100 calories and less than 5 percent of the RDI* for each of eight specified
nutrients per serving. The eight
nutrients to be assessed for this purpose are:
protein, vitamin A, vitamin C, niacin, riboflavin, thiamin, calcium, and
iron. This includes the foods that are
part of the total food service program of the school, and foods and beverages
sold at food sales, school stores,
and
in vending machines.
B. “Total Food
Service Program” means:
(i) the “Milk Program”, which in turn means
the federal program under which fluid types of milk as defined in 7 CFR 215 are
offered; or
(ii) the “Breakfast Program”, which in turn
means the federal program under which a breakfast that meets the nutritional
requirements set forth in 7 CFR 220 is offered; or
(iii) the “National School Lunch Program” (which includes the After
School Snack), which in turn means the federal program under which the school
operates a nonprofit lunch program that meets the requirements set forth in 7
CFR 210, and includes food provided in after school programs as defined in 7
CFR 210.2, and that meets the
requirements of 7 CFR 210.10; or
(iv) any combination of the above.
2. Restriction
on
[Beginning
Any any food or
beverage sold during the normal school day at any time on school property of a
school participating in the National School Lunch or School Breakfast Programs
shall be a planned part of the total food service program of the school and
shall include only those items which contribute both to the nutritional needs
of children and the development of desirable food habits., and
shall not include foods of minimal nutritional value as defined in Section 1
above, except that the local school board or the Career and Technical Education
Region cooperative board, established in accordance with 20-A MRSA Section 8301-A(6), may permit, by policy, the sale of
food and beverages outside the total food service program:
A. to
school staff;
B. to
the public at community events sponsored by the school; and
C. in State-approved, instructional Career
and Technical Education (CTE) Programs, if consistent with the requirement that
these programs not include foods of minimal nutritional value as defined in
7CFR, Section 210.11(a)(2).
Funds
from all food and beverage sales during the normal school day made at
any time on school property shall accrue to the benefit of the school's
non-profit school food service program ; , except that the local
school board or the Career and Technical Education Region cooperative board,
established in accordance with 20-A MRSA Section 8301-A(6), may establish, by policy, a
process whereby a school or approved student organization is allowed to benefit
from the sale of such foods and beverages the food and beverages described in the
exception set forth in A, B, and C,
above. This includes the foods that are
part of the total food service program of the school, and foods and beverages
sold at food sales, school stores, and in vending machines.
3. Maximum
Price for School Meals
The
maximum charge to children shall be set annually by the Department in
consultation
with the Superintendents of Schools School Nutrition Programs Advisory
Committee.
4. Accounts
and Records
Sponsors
shall file claims on a monthly basis with the Division of school Nutrition Programs on a form
provided by the Division. claims
shall be filed by the 8th day of the month following month covered by the
claim. Sponsors shall maintain accurate
records of income and expenditures, inventories, daily service counts, and
other pertinent records to provide data required on the claims for
reimbursement.
STATUTORY AUTHORITY: 20-A MRSA, Section 6602
EFFECTIVE DATE:
READOPTED:
AMENDED: _________________________
EFFECTIVE DATE (ELECTRONIC
CONVERSION): __________________