FNS Documents & Resources

This final rule adopts without change the food safety inspections requirements for the National School Lunch Program and the School Breakfast Program set forth in a previous interim rule issued by the Food and Nutrition Service as a result of the Child Nutrition and WIC Reauthorization Act of 2004. 

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.

A number of schools nationwide are still having difficulty obtaining the two food safety inspections required by the Child Nutrition and WIC Reauthorization Act of 2004. Although FNS realizes that many of the difficulties schools face are beyond their control, we would like to stress that local program operators are responsible for requesting the food safety inspections from the public health department and documenting their efforts.

The Child Nutrition and WIC Reauthorization Act of 2004 requires school food authorities participating in the National School Lunch Program (NSLP) or the School Breakfast Program (SBP) to implement a school food safety program for the preparation and service of school meals served to children.

This memorandum is intended to provide clarification of what is allowable, for contracts executed both prior to and after publication of the final rule.

The purpose of this memorandum is to highlight the key provisions of the final rule and emphasize the responsibilities state agencies have in ensuring compliance with these provisions and with contract enforcement and oversight.

This memo clarifies how the food safety inspection requirement is to be carried out by program operators on military bases, Indian reservations and Residential Child Care Institutions (RCCIs).

We have received numerous inquiries in the past several weeks concerning a document produced by the Harrison Institute for Public Law at Georgetown University addressing the purchase of products from local farmers. The document expresses the view that Congress, as part of the 2002 Farm Bill, expressed clear support for geographic preferences in purchases made for school food service programs.

This guidance serves as a general reminder to state agencies about the importance of complying with the Buy American provisions that are found in the regulations of the National School Lunch Program and the School Breakfast Program.

This document announces the effective date of the information collection provisions contained in the originally-published rule.