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Guidance on Paid Lunch Equity and Revenue from Nonprogram Foods

EO Guidance Document #
FNS Document #
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon SP39-2011r.pdf (419.70 KB)
Excel Icon SP39-2011ra.xls (53.50 KB)
Excel Icon SP39-2011a2.xls (206.00 KB)
DATE:October 24, 2011
MEMO CODE:SP 39-2011 - Revised
SUBJECT:Child Nutrition Reauthorization 2010: Guidance on Paid Lunch Equity and Revenue from Nonprogram Foods
TO:Regional Directors
Special Nutrition Programs
All Regions
State Directors
Child Nutrition Programs
All States

This memorandum provides updated questions and answers to the Child Nutrition Reauthorization 2010 implementation memorandum SP 39-2011, Guidance on Paid Lunch Equity and Revenue from Nonprogram Foods.

The interim rule entitled, “National School Lunch Program: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010” implements sections 205 and 206 of the Healthy, Hunger-Free Kids Act (PL 111-296). These provisions established requirements for school food authorities (SFAs) for—

  • Revenue from paid reimbursable lunches (7 CFR 210.14(e)); and
  • Revenue from foods sold outside of reimbursable meals when those foods are purchased with school food service account funds (7 CFR 210.14 (f)).

The following items are provided with this memorandum:

  • Questions and Answers based on inquiries from state agencies (SA) and SFAs.
  • Step-by-step instructions on—
    • how to determine the SFA’s average price for paid lunches;
    • the comparison of the average price and the difference between the free and paid reimbursement rates;
    • how to determine if price increases are needed; and
    • the amount of revenue from non-federal sources that may be added to the food service account in lieu of a paid lunch price increase.
  • An Excel-based tool with user instructions that SFAs may use to determine the amount of revenue from nonprogram foods required to be in compliance with Section 206.

If there are any questions on these requirements, SFAs should contact their SAs. SAs should contact the appropriate Food and Nutrition Service regional office.

Cynthia Long
Child Nutrition Division


Page updated: April 01, 2024

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.