Chapter 51 Rule

Child Nutrition Programs in Public Schools and Institutions

This rule; Chapter 51 Child Nutrition Programs in Public Schools and Institutions balances two important policy objectives. The rule is crafted to limit the sale of any foods or beverages that would compete with the school’s total food service program. This limitation is to ensure that the foods available to students are primarily those that meet the nutritional guidelines of the United States Department of Agriculture.

This objective is balanced with a second objective- namely the furthering of community involvement through the use of the school as a community facility. The rule serves this objective by creating exceptions to the limitation of the sale of food and beverages to only nutritious foods, but does so in a manner that is aimed primarily at the public, not students, thus avoiding competition with students and the total food service program.

The further limitation is the rule on the accrual of funds from all foods and beverages to only the school or an approved student organization supports this policy objective and provides additional needed support to the school’s non-profit school food service program.

The rule also serves to influence a change in the culture of schools whereby children are constantly faced with abundant foods that exceed recommended caloric allowances, etc.

Chapter 51

(Please keep in mind there are Federal Regulations that prohibit the sale of foods of minimal nutritional value, as listed in appendix B of 7CFR 210 regulations, in the food service areas during the lunch periods.)




SUMMARY: This chapter contains state regulations which supplement federal regulations pertaining to the National School Lunch Program (which includes the After School Snack), the School Breakfast Program and the School Milk Program.

1. Definitions

B. "Total Food Service Program" means:

(i) the "Milk Program", which in turn means the federal program under which fluid types of milk as defined in 7 CFR 215 are offered; or

(ii) the "Breakfast Program", which in turn means the federal program under which a breakfast that meets the nutritional requirements set forth in 7 CFR 220 is offered; or

(iii) the "National School Lunch Program" (which includes the After School Snack), which in turn means the federal program under which the school operates a nonprofit lunch program that meets the requirements set forth in 7 CFR 210, and includes food provided in after school programs as defined in 7 CFR 210.2, and that meets the requirements of 7 CFR 210.10; or

(iv) any combination of the above.

3. Maximum Price for School Meals

The maximum charge to children shall be set annually by the Department in consultation with the Superintendents of Schools School Nutrition Programs Advisory Committee.

4. Accounts and Records

Sponsors shall file claims on a monthly basis with the Division of school Nutrition Programs on a form provided by the Division. claims shall be filed by the 8th day of the month following month covered by the claim. Sponsors shall maintain accurate records of income and expenditures, inventories, daily service counts, and other pertinent records to provide data required on the claims for reimbursement.


EFFECTIVE DATE: October 30, 1978

READOPTED: August 31, 1979

AMENDED: July 17, 2005

AMENDED: January 2006



The complete rule can be viewed on the secretary of state page or by using this link Chapter 051.