Legal References

If you have questions regarding waiver, policies and procedures, Maine and Federal regulations, please contact a member of the Child Nutrition staff. 

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.

Maine DOE has been approved to offer a statewide waiver to allow local program operators to serve meals in a non-congregate setting when congregate meal service operations in schools are limited due to natural disasters, unscheduled major building repairs, court orders relating to school safety or other issues, labor management disputes, or when approved by the State Agency for a similar unanticipated cause. This waiver allowance is allowed for up to a 10-day approval, after such, an approval from the USDA FNS Regional office is required.
 

Ramadan Waiver

Waiver Request Form for School Meals During Ramadan

Maine DOE has been approved to offer a waiver permitting local program operators to serve meals in a non-congregate setting to participants attending a school or sponsoring agency who are fasting to observe Ramadan in 2025. Under the waiver approval, Maine DOE’s local program operators may offer meals for participants to consume in a non-congregate setting; adjust the time of meal service; and serve meals in high schools without using offer versus serve during Ramadan 2025.

This waiver applies to the National School Lunch Program (NSLP), School Breakfast Program (SBP), and Child and Adult Care Food Program (CACFP) At-Risk After School Program. It is effective from February 24, 2025, through April 4, 2025.

The following waivers are available upon request:

Non-Congregate Meal Service Meal Service Times Offer Versus Serve at the Senior High School Level
 

To apply for the use of the Ramadan Waiver for NSLP, SBP, and CACFP At-Risk After School Program, a Program operator must submit a waiver request form. This form ensures necessary information regarding usage of the waivers and subsequent requirements for use are met and documented.

Additional questions regarding the Ramadan waiver should be directed to Stephanie Stambach, Maine DOE Child Nutrition Supervisor, at Stephanie.Stambach@maine.gov.

Unanticipated School Closure with Virtual Learning

National School Lunch Program (NSLP) and School Breakfast Program (SBP)  - School Buildings are closed and virtual learning is offered.

  • Non-congregate meal service
  • Meal service times
  • Parent/Guardian pick up
  • Offer vs serve at high schools

Child and Adult Food Program At-Risk ONLY – School buildings are closed with virtual learning offered.

  • Non-congregate meal service
  • Meal service times
  • Parent/Guardian Pick up
  • Enrichment Activity

To apply for the use of the Unanticipated Closure Waivers for NSLP, SBP, and CACFP you must use the following link to the MS Form, created to collect necessary information to track usage of the waivers and ensure requirements for use are met.

Please call the Child Nutrition Office at 207-624-6842 with any questions.
 

Frequently Asked Questions

How do I apply for the waivers? You must complete the Microsoft Forms request. Please ensure all applicable waiver options are selected.


NSLP, SBP, and CACFP (remote learning must be in place) - use the following link

SFSP/SSO (no remote learning taking place and must be area eligible) - use the following link

You will hear from our office for approval.

When should I request the waiver? You should request the waiver at time of need. This can be shortly before knowledge of an unanticipated closure (such as a storm) or as soon as possible after the event.

Can I use the waiver for snow days? Yes, snow days are considered unanticipated school closures as you have not planned for specific dates school will be closed for snow.

Can I use the waiver for planned remote days, such as professional development days or voting? No, these waivers are only for unanticipated closures. Planned remote learning days are not considered unanticipated.
 

Do meal pattern requirements need to be followed? Yes, if you plan to apply for the waivers and claim meals for reimbursement, meal pattern guidelines must be followed.

Can I distribute meals before the unanticipated event? You can distribute the meals before the event. For instance, you may have a plan for meals to go home the day before a potential storm. The meals would be claimed for the day of the closure with remote learning.

What if I distribute meals and in-person learning occurs? If in-person learning ends up taking place because the school didn’t close, you would be unable to claim the meals sent home since the students would have access to meals at school that day. The cost of the meals sent home would also be an unallowable cost to the non-profit food service account.

Do I need to count meals at point of service? Yes, meals must be counted at the point of distribution to students. If you claim by free, reduced, paid, you must count meals by student name. 

Unanticipated School Closure with NO Virtual Learning

Summer Food Service Program (SFSP) and Seamless Summer Option(SSO) – School buildings are closed with no virtual learning.

  • Non-Congregate Meal Service
  • Meal Service Times
  • Parent /Guardian Meal Pick Up
  • Service of Meals at School Sites during Unanticipated School Closures

To apply for the use of the Unanticipated School Closure Waiver for SFSP/SSO you must use the following link to the MS Form, created to collect necessary information to track usage of the waiver and ensure requirements for use are being met.  In addition, a streamlined SFSP application must be created, or changes must be made to your annual School Nutrition Program Application.

Mandatory reporting will be included in this year’s waivers, if issued, these reports will be requested in the spring, please be prepared to report on the following:

Requirements may include reporting the number of meals served, site locations, dates the waiver was used, and reason for the unanticipated closure.  Information requested will include: a description of how the waiver resulted in improved services to children; and a summary of benefits and challenges associated with the waiver. 

Please call the Child Nutrition Office at 207-624-6842 with any questions.

Frequently Asked Questions

How do I apply for the waivers? You must complete the Microsoft Forms request. Please ensure all applicable waiver options are selected.

NSLP, SBP, and CACFP (remote learning must be in place) - use the following link

SFSP/SSO (no remote learning taking place and must be area eligible) - use the following link

You will hear from our office for approval.

When should I request the waiver? You should request the waiver at time of need. This can be shortly before knowledge of an unanticipated closure (such as a storm) or as soon as possible after the event.

Can I use the waiver for snow days? Yes, snow days are considered unanticipated school closures as you have not planned for specific dates school will be closed for snow.

Can I use the waiver for planned remote days, such as professional development days or voting? No, these waivers are only for unanticipated closures. Planned remote learning days are not considered unanticipated.


Do meal pattern requirements need to be followed? Yes, if you plan to apply for the waivers and claim meals for reimbursement, meal pattern guidelines must be followed.

Can I distribute meals before the unanticipated event? You can distribute the meals before the event. For instance, you may have a plan for meals to go home the day before a potential storm. The meals would be claimed for the day of the closure with remote learning.

What if I distribute meals and in-person learning occurs? If in-person learning ends up taking place because the school didn’t close, you would be unable to claim the meals sent home since the students would have access to meals at school that day. The cost of the meals sent home would also be an unallowable cost to the non-profit food service account.

Do I need to count meals at point of service? Yes, meals must be counted at the point of distribution to students. If you claim by free, reduced, paid, you must count meals by student name. 

DOE Child Nutrition Policies and Procedures

National School Lunch Program

Civil Rights

USDA Food

Waste

Federal Guidance and Memo
Maine Statutes, Regulations, Policy, and Legislation

Meals at No Charge

Online Applications

Maine DOE has extended their partnership with Nutri-Link Technologies, Inc, to provide an online meal benefit application through school year 2022.  There is no cost to Maine public school districts that participate in the federal Child Nutrition Programs.  For more information, email paula.nadeau@maine.gov. LD 1679 requires districts participating in our program to accept data from this application. Exceptions include districts who are unable to accept applications if they are CEP or a non-base year Special Provision 2 school.  

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.

Polystyrene Ban Information

USDA Code of Federal Regulations (CFR) and Rules
Waiver Requests