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.

COVID-19 Information

Non-COVID Unanticipated School Closures (pdf)
Request for the Non-COVID Unanticipated School Closures Waiver 
Non-COVID Unanticipated School Closures Waiver - FAQs

DOE Child Nutrition Policies and Procedures

National School Lunch Program

LEA Notification of Eligibility for District Wide CEP Eligibility Provision
Child Nutrition Appeal Process 
Fresh Fruit and Vegetable Program (FFVP) School Selection Procedure 
Withholding Standard Operating Procedure
Professional Standards for School Food Service

Civil Rights

Civil Rights Addressing ADA Policy 
Civil Rights Limited English Proficiency Procedure 
Civil Rights Responsibility and Rights Sharing Policy 

USDA Food

USDA Commodity Warehouse Inventory and Reconciliation Procedure
USDA Food Adjusting Values of Food for Recipient Agencies 
USDA Food Pre-Survey or Preferred Items 
Warehouse Safety and Sanitation Review Procedure 

Waste

Waste Control and Donations 

Federal Guidance and Memos

USDA Policy Memos - Not COVID-19 Related
USDA Guidance and Resources
USDA FNS Documents & Resources
USDA Memo SP 16-2016 Disclosure Requirements for the Child Nutrition Program
Food Buying Guide for Child Nutrition Programs (FBG) Interactive Web-Based Tool
Direct Certification in the NSLP 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. 
Get the Facts About Food Safety Addresses common myths and misconceptions related to food safety when incorporating locally grown foods in school meals.
 

      Maine Statutes, Regulations, Policy, and Legislation

      Meals at No Charge

      Legislation Regarding Meals At No Charge, Breakfast After The Bell, and CACFP At-Risk https://legislature.maine.gov/statutes/20-A/title20-Asec6602.html

      LD 1679 An Act Regarding Expanding Access to Free School Meals http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0540&item=5&snum=130

      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.  

       

      Healthy Hunger-Free Kids Act link to USDA; regulations and legislation related to the 2010 act to reform child nutrition programs
      Maine Department of Education Administrative Letters
      Maine State Legislature Bill Search
      Special Provisions
      Summary of Legislative Bills for Child Nutrition

       

      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

      Civil Rights Guidance USDA
      Code of Federal Regulations - Federal Register for all departments and agencies of the Federal Government
      Part 15b. Nondiscrimination on the basis of handicap in programs or activities receiving Federal financial assistance
      Super Circular 200

        Waiver Requests

        Streamlining Program Requirements and Improving Integrity in the SFSP Final Rule
        Prospective Congregate Waivers for Unanticipated School Closures in NSLP and SBP
        SFSP Final Integrity Rule
        Offer vs Serve in SFSP for Non-SFA Sponsors
        RSU 24 Waiver Request - September 2022
        Four Waivers for 2022 SFSP Operations
        Waiver Request to Eliminate DOD Program
        Meal Accountability All Free Program
        DOD Waiver
        Five Year Cycle Waiver 

        Polystyrene