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TO:                        Superintendents of Schools                       

FROM:                 Susan A. Gendron, Commissioner

DATE:                   January 30, 2006               

RE:                       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 amended the rule governing the State regulations which supplement federal regulations pertaining to the National School Lunch Program, the After School Snack Program, the School Breakfast Program and the School Milk Program.  Authority for this rulemaking is provided in Title 20-A M.R.S.A. Section 6602.  The rule supplements federal regulations: 7 CFR 210-National School Lunch Program, 7 CFR 215-Special Milk Program and 7 CFR 220-School Breakfast Program.

The rule requires that funds from the sale of food or beverages sold at any time on school property accrue to the benefit of the school’s total food service program, with exceptions. The exceptions extend to foods and beverages sold to school staff, to the public at community events sponsored by the school or held on school property, to the public at community events held on school property in accordance with the school board’s facilities use policy, in State-approved instructional Career and Technical Education (CTE) Programs and by a school approved organization or program.

The January 2006 amendment of Chapter 51 allows, under local school board policy or policy established by Career and Technical Region/Center Cooperative Boards, a school approved student organization or program to benefit from the sale of foods and beverages sold at food sales, in school stores and vending machines, and for the sponsors of community events to benefit from the sale of foods or beverages sold at the event.

The amendments also clarify that a school approved student organization or program may sell foods or beverages if consistent with the requirement that such sales not include foods of “Minimal Nutritional Value”.

The rule can be found on the Secretary of State web page at;  

The Department of Education will also be providing a “frequently asked questions and answers” webpage regarding Chapter 51. This “frequently asked questions and answers” page will be posted on the Department of Education’s web site at;
The Department of Education will also be providing an ATM broadcast on February 10, 2006 at 2:00 PM.  The rule, as amended, will be explained in detail during this ATM broadcast. During the presentation, staff will accept questions and comments from the districts regarding the amended rule.

The ATM sites will be:

Maine State Library, ATM Studio
Caribou High School, Technology Center
Edward Little High School, Auburn, Room 213
Ellsworth High School, Room 208

Broadcast-only sites:

Washington Academy

Broadcast-only sites may be added. Broadcast-only sites are not interactive; they are for viewing only. Please call to register one week in advance for broadcast-only sites. For registration information and an updated list of broad-cast only sites, contact Amy Webb at or (207) 624-6842.