FNS Documents & Resources

The attached memorandum is Food Distribution Policy Memo FD-110, which clarifies requirements in crediting for, and use of, USDA donated foods in contracts with food service management companies, and provides guidance to ensure compliance with such requirements in the first and final years of such contracts.

This memorandum provides questions and answers relating to policy memorandum SP38 CACFP08 SFSP07-2009, Extending Categorical Eligibility to Additional Children in a Household, dated Aug. 27, 2009.

This is a reminder of the statutory and regulatory requirements for categorical eligibility for the Child Nutrition Programs based on receipt of benefits from each state’s Temporary Assistance to Needy Families program. The Richard B. Russell National School Lunch Act restricts categorical eligibility to those TANF programs with standards that are comparable to or more restrictive than those in effect on June 1, 1995.

The purpose of this memorandum is to update the definition of what is considered “unprocessed” for the purposes of applying the optional geographic preference for procurement in the child nutrition programs.

Please be aware that the procurement questions from July 22, 2009 have been revised. This new set of procurement questions supersedes the previous set, as a change has been made to the second Q&A under “Local Purchasing."

This memorandum updates and revises memoranda SP30-2008: Applying Geographic Preferences in Procurements for the Child Nutrition Programs, SP08-2009: Procurement Questions, and SP28-2009: Procurement Questions, regarding school food authorities’ and other institutions’ application of a geographic preference in procurements for the child nutrition programs.

This memorandum modifies the policy related to categorical eligibility for free meals or free milk for children who are members of a household receiving assistance under SNAP, the Food Distribution Program on Indian Reservations or the Temporary Assistance to Needy Families Program.

Today’s unpredictable economy has made it important to consider accounting for the fluctuating costs of goods and services that are beyond the control of either the school food authority or the vendor.

Recently, we have received numerous concerns regarding the improper application of the new procurement rule, Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Program, which was published in the Federal Register on Oct. 31, 2007 and became effective on Nov. 30, 2007.

In response to several requests and to assist state agencies and school food authorities in their compliance efforts, we are providing the following prototype contract language requiring the return of purchase incentives to SFAs.