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TO:                  Superintendents of Schools

FROM:           Susan A. Gendron, Commissioner

DATE:             January 26, 2005

SUBJECT:      Chapter 51 – Child Nutrition Programs in Public Schools and Institutions

**Please Forward to Assistant Superintendents, Principals, Food Service Personnel and Interested Parties**

The Department of Education is proposing amendments to Chapter 51 – Child Nutrition Programs in Public Schools and Institutions.   This rule contains the requirements that supplement federal regulations pertaining to the National School Lunch Program, the After School Snack Program, the School Breakfast Program and the School Milk Program.   Proposed amendments would prohibit the sale of foods and beverages of minimal nutritional value, as defined by federal regulation, at any time on school property of a school participating in any of the child nutrition programs. An amendment is proposed that would allow an exception to the above for school staff, the public at community events sponsored by the school, and in State-approved Career and Technical Education (CTE) Programs but only under policy established by the local school board or the CTE board. The rule would require that funds from the sale of food and beverages at any time on school property must accrue to the benefit of the school’s food service program, unless an exception is provided under local school board or CTE board policy.

A copy of the original rule is available at:

A copy of the proposed rule is available at:

A public hearing will be held on the proposed rule as follows:    

Friday, February 18, 2005, 3:00 – 4:30 PM

Cross Office Building, Room 103

NOTE: Individuals can participate in the hearing simultaneously using the Department’s Distance Learning Network from the following locations:

Presque Isle High School , ATM Studio

Ellsworth High School , ATM Studio

Gorham High School , ATM Studio

Written comments on the proposed rule will be considered if received in the Department of Education by 5:00 PM, Tuesday, March 1, 2005.   This may be accomplished by:

Delivering them to the receptionist on the 5 th floor of the Burton Cross State Office Building;

mailing them to Judith Malcolm, Education Policy Director, Maine Department of Education, 23 State House Station, Augusta, ME   04333-0023; faxing them to Judith Malcolm, Education Policy Director, (207) 624-6841; or emailing them to:

Comments must be received by the Department not later than 5:00 PM, Tuesday, March 1, 2005.