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ADMINISTRATIVE LETTER:    5 

POLICY CODE:    EFA

 

TO:                  Superintendents of Schools 

FROM:            Susan A. Gendron, Commissioner  

DATE:             August 3, 2005  

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

** Please forward to Assistant Superintendents, Principals, and Food Service Directors **

Chapter 51, Child Nutrition Programs in Public Schools and Institutions has been amended and adopted by the Department of Education effective July 17, 2005.   This rule supplements federal regulations pertaining to the National School Lunch Program, the After School Snack Program, the School Breakfast Program and the School Milk Program.

Beginning July 17, 2005, the rule prohibits 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 the National School Lunch, After School Snack, School Breakfast, or School Milk Programs.   The rule allows an exception to the above for:   a. school staff; b. the public at community events sponsored by the school; c. the public at community events held on school property in accordance with the School Board’s facilities use policy; and d. State-approved instructional Career and Technical Education (CTE) Programs.  These exceptions apply only under policy established by the local school board or the Career and Technical Education Region Cooperative Board.

The language of the rule that required that funds from the sale of foods and beverages during the school day, on school property, accrue to the benefit of the school’s food service program has been amended to extend this requirement to sales of foods and beverages made at any time.   This section of the rule would allow the same four exceptions as described above.

A copy of Chapter 51 can be downloaded at the Department of Education, Child Nutrition Services website http://www.maine.gov/education/sfs/leg.htm and the Department of the Secretary of State website http://www.maine.gov/sos/cec/rules/05/chaps05.htm.

For additional information contact David Stockford, Education Policy Director, telephone 624-6643, email david.stockford@maine.gov or Judith Malcolm, Education Policy Director, telephone 624-6845, email judith.malcolm@maine.gov.

SAG/JM/sjs