Legal References

Child Nutrition programs are governed by federal and state laws and regulations. Federal laws are administered by the United States Department of Agriculture, and state laws are administered by the Maine Department of Education. School districts in the National School Lunch Program must follow USDA regulations for federally subsidized meals and for all foods sold outside of the National School Lunch Program. Information on current federal regulations, State of Maine laws, and links to USDA memorandums are provided below.

DOE Child Nutrition Policies and Procedures

 

      Federal Guidance and Memos

      Flexibility for Co-Mingled Preschool Meals: Questions and Answers - SP 37-2017: This memorandum provides guidance on meals served to preschoolers when they are in the same service area at the same time as grade K-5 students, and it includes Questions and Answers. Additional guidance on the National School Lunch Program’s and School Breakfast Program’s (School Meal Programs) infant and preschool meal pattern requirements will be issued soon.

      Policy Memos:

      SP 03-2019: NSLP and SBP: Questions and Answers for Charter Schools
      FNS is providing updated Questions and Answers for charter school participation in the NSLP, the SBP and other Child Nutrition Programs. Since charter schools are held to the same standards for operating CNPs as traditional public or non-profit private schools, this memorandum does not contain any new CNP policies. Program operators can use the Q&As as a resource to assist charter schools and non-profit private, rural, or small schools that have similar questions to operate successful CNPs. This memorandum supersedes SP 07-2008: Charter School Involvement in the National School Lunch and Breakfast Programs, January 15, 2008.

      SP 32-2019: Buy American and Agriculture Improvement Act of 2018
      This memorandum addresses information in the Agriculture Improvement Act of 2018 regarding the Buy American requirements in the national school meal programs.
       

      Other Items of Note:

      Updated Model Functional Requirements for State School Meal Programs Information Systems
      FNS has released an updated version of the “Model Functional Requirements for State School Meal Programs Information Systems” and “Model Functional Requirements for Local School Meal Programs Information Systems” tools to the FNS public website. All updates to the 2018 version are highlighted in yellow and an explanation of any changes are provided in the “Version Changes” tab of each document. While it is not required, State and local agencies administering the school meal programs may choose to use the Model Functional Requirements for State School Meal Programs Information Systems and Model Functional Requirements for Local School Meal Programs Information Systems tools in the development or enhancement of their information technology (IT) systems. These Microsoft Excel documents may be edited so that each State and local agency can adapt the functional requirements to their needs.

      Food Buying Guide Web-Based Tool Enhancements
      FNS released new enhancements to the Food Buying Guide for Child Nutrition Programs (FBG) Interactive Web-Based Tool. The following enhancements are specific to the Recipe Analysis Workbook (RAW) which now has the following capabilities: allow an existing RAW to be copied and easily recreated for multiple serving sizes; include the total vegetable amount with a breakdown of vegetable subgroup amounts on the meal pattern contribution statement; and create a notes section. This release also includes the addition of three preschool meal pattern charts.

      Direct Certification in the NSLP – Report to Congress for School Years 15/16 and 16/17
      This report responds to the requirement of Public Law 110-246 to assess the effectiveness of State and local efforts to directly certify children for free school meals.

      Food Safety Fact Sheet: Get the Facts About Food Safety
      A new resource in the Office of Community Food Systems Fact Sheet series is now available for download.  Developed in collaboration with the FNS Office of Food Safety, Get the Facts About Food Safety addresses common myths and misconceptions related to food safety when incorporating locally grown foods in school meals.

      New Unpaid Meal Charges Resources on USDA Website
      FNS has released several new unpaid meal charges resources for SFAs. These resources, now available on the USDA Unpaid Meal Charges Website, include:

      • Local Charge Policy Training Template: An adaptable presentation SFAs can use to develop a training for school and district staff members responsible for enforcing the local charge policy.           
      • Unpaid Meals Fact Sheets: Three fact sheets providing an overview of unpaid meal charges and strategies SFAs can use to prevent “school lunch shaming.”
      • Unpaid Meal Charges Talking Points: Sample talking points school officials can use as a starting point to address questions about unpaid meal charges.
      • Excess Balance Donation Letter: An adaptable letter and donation form that SFAs can use to encourage families to donate any balances remaining in their account at the end of the school year.

      Maine Statutes, Regulations, Policy, and Legislation

      Advertising on School Grounds: Maine Statues: Title 20 A: Chapter 223, Sub Chapter 9, 6662

       §6662. Foods outside school meal program

      3.Food and beverage advertising. Brand-specific advertising of food or beverages is prohibited in school buildings or on school grounds except for food and beverages meeting standards for sale or distribution on school grounds in accordance with rules adopted under subsection 2.

      For the purposes of this subsection, "advertising" does not include advertising on broadcast media or in print media such as newspapers and magazines, clothing with brand images worn on school grounds or advertising on product packaging.

        USDA Code of Federal Regulations (CFR) and Rules

        Waivers

            Other Requirements and Guidelines