7 CFR Part 210 — National School Lunch Program

PART 210—NATIONAL SCHOOL LUNCH PROGRAM Authority: 42 U.S.C. 1751-1760, 1779. Source: 53 FR 29147, Aug. 2, 1988, unless otherwise noted. Subpart A—General § 210.1 General purpose and scope. (a) Purpose of the program. (b) Scope of the regulations. [53 FR 29147, Aug. 2, 1988, as amended at 78 FR 39090, June 28, 2013] § 210.2 Definitions. For the purposes of this part: 2 CFR part 200, Act Afterschool care program Applicable credits Attendance factor Average Daily Participation (1) The total number of free lunches claimed during a reporting period by the number of operating days in the same period; (2) The total number of reduced price lunches claimed during a reporting period by the number of operating days in the same period; and (3) The total number of paid lunches claimed during a reporting period by the number of operating days in the same period. Child (1) A student of high school grade or under as determined by the State educational agency, who is enrolled in an educational unit of high school grade or under as described in paragraphs (1) and (2) of the definition of “School” in this section, including students with a disability who participate in a school program established for persons with disabilities; (2) A person under 21 chronological years of age who is enrolled in an institution or center as described in paragraph (3) of the definition of “School” in this section; or (3) For afterschool care programs, persons aged 18 and under at the start of the school year, and persons of any age with a disability who participate in a school program established for persons with disabilities. Child with a disability Commodity School Program Contractor Cost reimbursable contract Days Department Distributing agency Donated foods Fiscal year Fixed fee Fixed-price contract FNS FNSRO Food item Food service management company Free lunch Local educational agency Lunch Meal component National School Lunch Program Net cash resources Nonprofit Nonprofit school food service Nonprofit school food service account OIG Paid lunch Point of Service Program Reduced price lunch (1) To a child from a household eligible for such benefits under part 245 of this chapter; (2) For which the price is less than the school food authority designated full price of the lunch and which does not exceed the maximum allowable reduced price specified under part 245 of this chapter; and (3) For which neither the child nor any member of the household is required to work. Reimbursement Revenue, School (1) An educational unit of high school grade or under, recognized as part of the educational system in the State and operating under public or nonprofit private ownership in a single building or complex of buildings; (2) Any public or nonprofit private classes of preprimary grade when they are conducted in the aforementioned schools; or (3) Any public or nonprofit private residential child care institution, or distinct part of such institution, which operates principally for the care of children, and, if private, is licensed to provide residential child care services under the appropriate licensing code by the State or a subordinate level of government, except for residential summer camps which participate in the Summer Food Service Program for Children, Job Corps centers funded by the Department of Labor, and private foster homes. School food authority School nutrition program directors School nutrition program managers School nutrition program staff School week School year Seamless Summer Option Secretary State State agency (1) The State educational agency; (2) Any other agency of the State which has been designated by the Governor or other appropriate executive or legislative authority of the State and approved by the Department to administer the Program in schools, as specified in § 210.3(b) of this chapter; or (3) The FNSRO, where the FNSRO administers the Program as specified in § 210.3(c) of this chapter. State educational agency (1) The chief State school officer (such as the State Superintendent of Public Instruction, Commissioner of Education, or similar officer), or (2) A board of education controlling the State department of education. State licensed healthcare professional Tofu USDA implementing regulations Whole grain-rich Whole grains Yogurt [53 FR 29147, Aug. 2, 1988] Editorial Note: For Federal Register www.govinfo.gov. § 210.3 Administration. (a) FNS. (b) States. (c) FNSRO. (d) School food authorities. (e) Authority to waive statute and regulations. (2)(i) A State agency may submit a request for a waiver under paragraph (e)(1) of this section in accordance with section 12(l)(2) and the provisions of this part. (ii) A State agency may submit a request to waive specific statutory or regulatory requirements on behalf of eligible service providers that operate in the State. Any waiver where the State concurs must be submitted to the appropriate FNSRO. (3)(i) An eligible service provider may submit a request for a waiver under paragraph (e)(1) of this section in accordance with section 12(l) and the provisions of this part. Any waiver request submitted by an eligible service provider must be submitted to the State agency for review. A State agency must act promptly on such a waiver request and must deny or concur with a request submitted by an eligible service provider. (ii) If a State agency concurs with a request from an eligible service provider, the State agency must promptly forward to the appropriate FNSRO the request and a rationale, consistent with section 12(l)(2), supporting the request. By forwarding the request to the FNSRO, the State agency affirms: (A) The request meets all requirements for waiver submissions; and, (B) The State agency will conduct all monitoring requirements related to regular Program operations and the implementation of the waiver. (iii) If the State agency denies the request, the State agency must notify the requesting eligible service provider and state the reason for denying the request in writing within 30 calendar days of the State agency's receipt of the request. The State agency response is final and may not be appealed to FNS. [53 FR 29147, Aug. 2, 1988, as amended at 71 FR 39515, July 13, 2006; 81 FR 66489, Sept. 28, 2016; 87 FR 57354, Sept. 19, 2022; 89 FR 32063, Apr. 25, 2024] Subpart B—Reimbursement Process for States and School Food Authorities § 210.4 Cash and donated food assistance to States. (a) General. (b) Assistance for the National School Lunch Program. (1) Cash assistance will be made available to each State agency administering the National School Lunch Program as follows: (i) General: (ii) Cash assistance for lunches. (iii) Annual adjustments. Federal Register. (iv) Maximum per meal rates. (2) Donated food assistance. Federal Register (3) Cash assistance for afterschool snacks. (i) The number of afterschool snacks served in the afterschool care program within the State to children from families that do not satisfy the income standards for free and reduced price school meals by 2.75 cents; (ii) The number of afterschool snacks served in the afterschool care program within the State to children from families that satisfy the income standard for free school meals by 30 cents; and (iii) The number of afterschool snacks served in the afterschool care program within the State to children from families that satisfy the income standard for reduced price school meals by 15 cents. (4) Annual adjustments for cash assistance for afterschool snacks. (c) Assistance for the Commodity School Program. (1) The applicable national average payment rate (general cash assistance) prescribed by the Secretary for the period of July 1 through June 30 multiplied by the total number of lunches served during the school year under the Commodity School Program; and (2) The national per lunch average value of donated foods prescribed by the Secretary for the period of July 1 through June 30 multiplied by the total number of lunches served during the school year under the Commodity School Program. [53 FR 29147, Aug. 2, 1988, as amended at 58 FR 42487, Aug. 10, 1993; 60 FR 31207, June 13, 1995; 65 FR 26912, May 9, 2000; 77 FR 25034, Apr. 27, 2012; 89 FR 32063, Apr. 25, 2024] § 210.5 Payment process to States. (a) Grant award. (b) Cash-in-lieu of donated foods. (c) Recovery of funds. (d) Substantiation and reconciliation process. (1) Monthly report. (2) Quarterly report. (3) End of year reports. (ii) Each State agency must submit a final Financial Status Report (FNS-777) for each fiscal year. This final fiscal year grant closeout report must be postmarked or submitted to FNS within 120 days after the end of each fiscal year or part thereof that the State agency administered the Program. Obligations must be reported only for the fiscal year in which they occur. FNS will not be responsible for reimbursing Program obligations reported later than 120 days after the close of the fiscal year in which they were incurred. Grant closeout procedures are to be carried out in accordance with 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. [53 FR 29147, Aug. 2, 1988, as amended at 54 FR 12580, Mar. 28, 1989; 56 FR 32939, July 17, 1991; 71 FR 39516, July 13, 2006; 77 FR 25034, Apr. 27, 2012; 79 FR 330, Jan. 3, 2014; 81 FR 50185, July 29, 2016; 81 FR 66488, Sept. 28, 2016; 88 FR 57844, Aug. 23, 2023] § 210.6 Use of Federal funds. General. except that, [53 FR 29147, Aug. 2, 1988, as amended at 58 FR 42487, Aug. 10, 1993] § 210.7 Reimbursement for school food authorities. (a) General. (b) Assignment of rates. except that, provided that (c) Reimbursement limitations. (1) Lunch count system. (i) Correctly approve each child's eligibility for free and reduced price lunches and afterschool snacks based on the requirements prescribed under part 245 of this chapter; (ii) Maintain a system to issue benefits and to update the eligibility of children approved for free or reduced price lunches and afterschool snacks. The system must: (A) Accurately reflect eligibility status as well as changes in eligibility made after the initial approval process due to verification findings, transfers, reported changes in income or household size, etc.; and (B) Make the appropriate changes in eligibility after the initial approval process on a timely basis so that the mechanism the school food authority uses to identify currently eligible children provides a current and accurate representation of eligible children. Changes in eligibility which result in increased benefit levels must be made as soon as possible but no later than 3 operating days of the date the school food authority makes the final decision on a child's eligibility status. Changes in eligibility which result in decreased benefit levels must be made as soon as possible but no later than 10 operating days of the date the school food authority makes the final decision on the child's eligibility status; (iii) Base Claims for Reimbursement on lunch counts, taken daily at the point of service, which correctly identify the number of free, reduced price and paid lunches served to eligible children; (iv) Correctly record, consolidate and report those lunch and afterschool snack counts on the Claim for Reimbursement; and (v) Ensure that Claims for Reimbursement do not request payment for any excess lunches produced, as prohibited in § 210.10(a)(2), or non-Program lunches ( i.e., (2) Point of service alternatives. (ii) In addition, on a case-by-case basis, State agencies may authorize school food authorities to use other alternatives to the point of service lunch count; provided that such alternatives result in an accurate and reliable lunch count system. Any request to use an alternative lunch counting method which has not been previously authorized under paragraph (2)(i) is to be submitted in writing to the State agency for approval. Such request shall provide detail sufficient for the State agency to assess whether the proposed alternative would provide an accurate and reliable count of the number of lunches, by type, served each day to eligible children. The details of each approved alternative shall be maintained on file at the State agency for review by FNS. (d) Performance-based cash assistance. (1) Make certification procedures readily available to school food authorities and provide guidance necessary to facilitate the certification process. (2) Require school food authorities to submit documentation to demonstrate compliance with meal pattern requirements set forth in § 210.10 and § 220.8 of this chapter, as applicable. Such documentation must reflect meal service at or about the time of certification. (3) State agencies must review certification documentation submitted by the school food authority to ensure compliance with meal pattern requirements set forth in § 210.10, or § 220.8 of this chapter, as applicable. For certification purposes, State agencies should consider any school food authority compliant: (i) If when evaluating daily and weekly range requirements for grains and meat/meat alternates, the certification documentation shows compliance with the daily and weekly minimums for these two components, regardless of whether the school food authority has exceeded the maximums for the same components. (ii) If when evaluating the service of frozen fruit, the school food authority serves products that contain added sugar. (4) Certification procedures must ensure that no performance-based cash assistance is provided to school food authorities for meals served prior to October 1, 2012. (5) Within 60 calendar days of a certification submission or as otherwise authorized by FNS, review submitted materials and notify school food authorities of the certification determination, the date that performance-based cash assistance is effective, and consequences for non-compliance, (6) Disburse performance-based cash assistance for all lunches served beginning with the start of certification provided that documentation reflects meal service in the calendar month the certification materials are submitted or, in the month preceding the calendar month of submission. (e) Reimbursements for afterschool snacks. [53 FR 29147, Aug. 2, 1988, as amended at 54 FR 12581, Mar. 28, 1989; 56 FR 32939, July 17, 1991; 58 FR 42487, Aug. 10, 1993; 60 FR 31207, June 13, 1995; 65 FR 26912, May 9, 2000; 77 FR 25034, Apr. 27, 2012; 79 FR 330, Jan. 3, 2014; 81 FR 50185, July 29, 2016; 88 FR 57844, Aug. 23, 2023; 89 FR 32063, Apr. 25, 2024] § 210.8 Claims for reimbursement. (a) Internal controls. (1) On-site reviews. (2) School food authority claims review process. (i) Any school food authority that was found by its most recent administrative review conducted in accordance with § 210.18, to have no meal counting and claiming violations may: (A) Develop internal control procedures that ensure accurate meal counts. The school food authority shall submit any internal controls developed in accordance with this paragraph to the State agency for approval and, in the absence of specific disapproval from the State agency, shall implement such internal controls. The State agency shall establish procedures to promptly notify school food authorities of any modifications needed to their proposed internal controls or of denial of unacceptable submissions. If the State agency disapproves the proposed internal controls of any school food authority, it reserves the right to require the school food authority to comply with the provisions of paragraph (a)(3) of this section; or (B) Comply with the requirements of paragraph (a)(3) of this section. (ii) Any school food authority that was identified in the most recent administrative review conducted in accordance with § 210.18, or in any other oversight activity, as having meal counting and claiming violations shall comply with the requirements in paragraph (a)(3) of this section. (3) Edit checks. (ii) School food authorities that are identified in administrative reviews conducted in accordance with § 210.18 as not having meal counting and claiming violations and that are correctly complying with the procedures in paragraph (a)(3)(i) of this section have the option of developing internal controls in accordance with paragraph (a)(2)(i) of this section. (4) Follow-up activity. (5) Recordkeeping. (b) Monthly claims. (1) Submission timeframes. (2) State agency claims review process. (i) The State agency shall, at a minimum, compare the number of free and reduced price lunches claimed to the number of children approved for free and reduced price lunches enrolled in the school food authority for the month of October times the days of operation times the attendance factor employed by the school food authority in accordance with paragraph (a)(3) of this section or the internal controls used by schools in accordance with paragraph (a)(2)(i) of this section. At its discretion, the State agency may conduct this comparison against data which reflects the number of children approved for free and reduced price lunches for a more current month(s) as collected pursuant to paragraph (c)(2) of this section. (ii) In lieu of conducting the claims review specified in paragraph (b)(2)(i) of this section, the State agency may conduct alternative analyses for those Claims for Reimbursement submitted by residential child care institutions. Such alternatives analyses shall meet the objective of ensuring that the monthly Claims for Reimbursement are limited to the numbers of free and reduced price lunches served, by type, to eligible children. (3) Follow-up activity. (4) Corrective action. (c) Content of claim. (1) Consolidated claim. (2) October data. (d) Advance funds. [53 FR 29147, Aug. 2, 1988, as amended at 54 FR 12581, Mar. 28, 1989; 56 FR 32940, July 17, 1991; 58 FR 42487, Aug. 10, 1993; 60 FR 31207, June 13, 1995; 64 FR 50740, Sept. 20, 1999; 81 FR 50185, July 29, 2016; 89 FR 32064, Apr. 25, 2024] Subpart C—Requirements for School Food Authority Participation § 210.9 Agreement with State agency. (a) Application. (b) Agreement. (1) Maintain a nonprofit school food service and observe the requirements for and limitations on the use of nonprofit school food service revenues set forth in § 210.14 and the limitations on any competitive school food service as set forth in § 210.11; (2) Limit its net cash resources to an amount that does not exceed 3 months average expenditures for its nonprofit school food service or such other amount as may be approved in accordance with § 210.19(a); (3) Maintain a financial management system as prescribed under § 210.14(c); (4) Comply with the requirements of the Department's regulations regarding financial management (2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415); (5) Serve lunches, during the lunch period, which meet the minimum requirements prescribed in § 210.10; (6) Price the lunch as a unit; (7) Serve lunches free or at a reduced price to all children who are determined by the local educational agency to be eligible for such meals under 7 CFR part 245; (8) Claim reimbursement at the assigned rates only for reimbursable free, reduced price and paid lunches served to eligible children in accordance with 7 CFR part 210. Agree that the school food authority official signing the claim shall be responsible for reviewing and analyzing meal counts to ensure accuracy as specified in § 210.8 governing claims for reimbursement. Acknowledge that failure to submit accurate claims will result in the recovery of an overclaim and may result in the withholding of payments, suspension or termination of the program as specified in § 210.25. Acknowledge that if failure to submit accurate claims reflects embezzlement, willful misapplication of funds, theft, or fraudulent activity, the penalties specified in § 210.26 shall apply; (9) Count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of service, or through another counting system if approved by the State agency; (10) Submit Claims for Reimbursement in accordance with § 210.8; (11) Comply with the requirements of the Department's regulations regarding nondiscrimination (7 CFR parts 15, 15a, 15b); (12) Make no discrimination against any child because of his or her eligibility for free or reduced price meals in accordance with the approved Free and Reduced Price Policy Statement; (13) Enter into an agreement to receive donated foods as required by 7 CFR part 250; (14) Maintain, in the storage, preparation and service of food, proper sanitation and health standards in conformance with all applicable State and local laws and regulations, and comply with the food safety requirements of § 210.13; (15) Accept and use, in as large quantities as may be efficiently utilized in its nonprofit school food service, such foods as may be offered as a donation by the Department; (16) Maintain necessary facilities for storing, preparing and serving food; (17) Upon request, make all accounts and records pertaining to its school food service available to the State agency and to FNS, for audit or review, at a reasonable time and place. Such records shall be retained for a period of 3 years after the date of the final Claim for Reimbursement for the fiscal year to which they pertain, except that if audit findings have not been resolved, the records shall be retained beyond the 3 year period as long as required for resolution of the issues raised by the audit; (18) Maintain files of currently approved and denied free and reduced price certification documentation. (19) Maintain direct certification documentation obtained directly from the appropriate State or local agency, or other appropriate individual, as specified by FNS, indicating that: (i) A child in the Family, SNAP, FDPIR TANF, (ii) The child is a homeless child as defined in § 245.2 of this chapter; (iii) The child is a runaway child as defined in § 245.2 of this chapter; (iv) The child is a migrant child as defined in § 245.2 of this chapter; (v) The child is a Head Start child as defined in § 245.2 of this chapter; or (vi) The child is a foster child as defined in § 245.2 of this chapter. (20) Retain eligibility documentation submitted by families for a period of 3 years after the end of the fiscal year to which they pertain or as otherwise specified under paragraph (b)(17) of this section. (21) No later than December 31 of each year, provide the State agency with a list of all schools under its jurisdiction in which 50 percent or more of enrolled children have been determined eligible for free or reduced price meals as of the last operating day the preceding October. The State agency may designate a month other than October for the collection of this information, in which case the list must be provided to the State agency within 60 calendar days following the end of the month designated by the State agency. In addition, each school food authority must provide, when available for the schools under its jurisdiction, and upon the request of a sponsoring organization of day care homes of the Child and Adult Care Food Program, information on the boundaries of the attendance areas for the schools identified as having 50 percent or more of enrolled children certified eligible for free or reduced price meals. (c) Afterschool care requirements. (1) Serve afterschool snacks which meet the minimum requirements prescribed in § 210.10; (2) Price the afterschool snack as a unit; (3) Serve afterschool snacks free or at a reduced price to all children who are determined by the school food authority to be eligible for free or reduced price school meals under part 245 of this chapter; (4) If charging for meals, the charge for a reduced price afterschool snack must not exceed 15 cents; (5) Claim reimbursement at the assigned rates only for afterschool snacks served in accordance with the agreement; (6) Claim reimbursement for no more than one afterschool snack per child per day; (7) Review each afterschool care program two times a year; the first review must be made during the first four weeks that the school is in operation each school year, except that an afterschool care program operating year round must be reviewed during the first four weeks of its initial year of operation, once more during its first year of operation, and twice each school year thereafter; and (8) Comply with all requirements of this part, except that, claims for reimbursement need not be based on “point of service” afterschool snack counts (as required by § 210.9(b)(9)). [53 FR 29147, Aug. 2, 1988] Editorial Note: For Federal Register www.govinfo.gov. § 210.10 Meal requirements for lunches and requirements for afterschool snacks. (a) General requirements General nutrition requirements. (i) Requirements for lunch. (ii) Requirements for afterschool snacks. (2) Unit pricing. (3) Production and menu records. (b) Meal requirements for school lunches. (1) On a daily basis: (i) Meals offered to each age/grade group must include the meal components and food quantities specified in the meal pattern in paragraph (c) of this section; and (ii) The meal selected by each student must have the number of meal components required for a reimbursable meal and include at least one fruit or vegetable. (2) Over a 5-day school week: (i) Average calorie content of meals offered to each age/grade group must be within the minimum and maximum calorie levels specified in paragraph (f) of this section; (ii) Average saturated fat content of the meals offered to each age/grade group must be less than 10 percent of total calories (excluding saturated fat from milk used to meet the fluid milk component requirements); (iii) By July 1, 2027, average added sugars content of the meals offered to each age/grade group must be less than 10 percent of total calories; and (iv) Average sodium content of the meals offered to each age/grade group must not exceed the maximum level specified in paragraph (f) of this section. (c) Meal pattern for school lunches. Table 1 to Paragraph ( c Meal components Amount of food 1 Grades K-5 Grades 6-8 Grades 9-12 Fruits (cups) 2 2 1 2 1 2 2 1 2 1 2 5 (1). Vegetables (cups) 2 3 3 4 3 4 3 3 4 3 4 5 (1). Dark Green Subgroup 3 1 2 1 2 1 2 Red/Orange Subgroup 3 3 4 3 4 1 1 4 Beans, Peas, and Lentils Subgroup 3 1 2 1 2 1 2 Starchy Subgroup 3 1 2 1 2 1 2 Other Vegetables Subgroup 3 4 1 2 1 2 3 4 Additional Vegetables from Any Subgroup to Reach Total 1 1 1 1 2 Grains (oz. eq.) 5 8-9 (1) 8-10 (1) 10-12 (2). Meats/Meat Alternates (oz. eq.) 6 8-10 (1) 9-10 (1) 10-12 (2). Fluid Milk (cups) 7 5 (1) 5 (1) 5 (1). Dietary Specifications: Daily Amount Based on the Average for a 5-Day Week 8 Minimum-Maximum Calories (kcal) 550-650 600-700 750-850. Saturated Fat (% of total calories) 9 <10 <10 <10. Added Sugars (% of total calories) <10 <10 <10. Sodium Limit: In place through June 30, 2027 ≤1,110 mg ≤1,225 mg ≤1,280 mg. Sodium Limit: Must be implemented by July 1, 2027 ≤935 mg ≤1,035 mg ≤1,080 mg. 1 2 1 8 1 2 1 2 3 4 5 6 7 8 9 (1) Age/grade groups. (2) Meal components. (i) Fruits component. 1/4 1/2 (ii) Vegetables component. 1/2 (A) Dark green vegetables subgroup. (B) Red/orange vegetables subgroup. (C) Beans, peas, and lentils vegetable subgroup. (D) Starchy vegetables subgroup. (E) Other vegetables subgroup. (iii) Grains component. (A) Whole grain-rich requirement. (B) Breakfast cereals. (C) Desserts. (D) Daily and weekly servings. 1/5 1/5 (iv) Meats/meat alternates component. (A) Enriched macaroni. (B) Nuts and seeds. (C) Yogurt. 1/2 (D) Tofu and soy products. (E) Beans, peas, and lentils. (F) Other meat alternates. (v) Fluid milk component. (3) Grain substitutions. (ii) School food authorities and schools that are tribally operated, operated by the Bureau of Indian Education, and that serve primarily American Indian or Alaska Native children, may serve any vegetable, including vegetables such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams, to meet the grains component. (4) Adjustments to school menus. (5) Standardized recipes. (6) Processed foods. (7) Traditional Indigenous foods. (d) Fluid milk requirements Types of fluid milk. (ii) All fluid milk served in the Program must be pasteurized fluid milk which meets State and local standards for such milk. All fluid milk must have vitamins A and D at levels specified by the Food and Drug Administration and must be consistent with State and local standards for such milk. (iii) Milk varieties may be unflavored or flavored, provided that unflavored milk is offered at each meal service. By July 1, 2025, flavored milk must contain no more than 10 grams of added sugars per 8 fluid ounces, or for flavored milk sold as competitive food for middle and high schools, 15 grams of added sugars per 12 fluid ounces. (2) Fluid milk substitutes for non-disability reasons. (i) Prior to providing a fluid milk substitute for a non-disability reason, a school food authority must obtain a written request from the student's parent or guardian, a State licensed healthcare professional, or a registered dietitian that identifies the reason for the substitute. A school food authority choosing to offer fluid milk substitutes for a non-disability reason is not required to offer the specific fluid milk substitutes requested but may offer the fluid milk substitutes of its choice, provided the fluid milk substitutes offered meet the requirements of paragraph (d)(2)(ii) of this section. A school food authority must inform the State agency if any schools choose to offer fluid milk substitutes for non-disability reasons. (ii) If a school food authority chooses to offer one or more fluid milk substitutes for non-disability reasons, the fluid milk substitutes must provide, at a minimum, the nutrients listed in the following table. Fluid milk substitutes must be fortified in accordance with fortification guidelines issued by the Food and Drug Administration. Table 2 to Paragraph ( d ii Nutrient Per cup Calcium 276 mg. Protein 8 g. Vitamin A 150 mcg. retinol activity equivalents (RAE). Vitamin D 2.5 mcg. Magnesium 24 mg. Phosphorus 222 mg. Potassium 349 mg. Riboflavin 0.44 mg. Vitamin B-12 1.1 mcg. (iii) Expenses incurred when providing fluid milk substitutes that exceed program reimbursements must be paid by the school food authority; costs may be paid from the nonprofit school food service account. (iv) The fluid milk substitute approval must remain in effect until the student's parent or guardian, the State licensed healthcare professional, or the registered dietitian revokes the request in writing, or until the school food authority changes its fluid milk substitute policy. (3) Inadequate fluid milk supply. (i) If emergency conditions temporarily prevent a school food authority that normally has a supply of fluid milk from obtaining delivery of such milk, the State agency may allow the school food authority to serve meals during the emergency period with an alternate form of fluid milk or without fluid milk. (ii) If a school food authority is unable to obtain a supply of any type of fluid milk on a continuing basis, the State agency may approve the service of meals without fluid milk if the school food authority uses an equivalent amount of canned milk or dry milk in the preparation of the meals. In Alaska, American Samoa, Guam, Hawaii, Puerto Rico, and the U.S. Virgin Islands, if a sufficient supply of fluid milk cannot be obtained, “fluid milk” includes reconstituted or recombined fluid milk, or as otherwise allowed by FNS through a written exception. (4) Restrictions on the sale of fluid milk. (e) Offer versus serve for grades K through 12. except that (f) Dietary specifications Calories. Table 3 to Paragraph ( f Grades K-5 Grades 6-8 Grades 9-12 Average Daily Minimum-Maximum Calories (kcal) 1 550-650 600-700 750-850 1 (2) Saturated fat. (3) Added sugars. (4) Sodium. Table 4 to Paragraph ( f Age/grade group Sodium limit: in place through June 30, 2027 Sodium limit: must be implemented by July 1, 2027 Grades K-5 ≤1,110 ≤935 Grades 6-8 ≤1,225 ≤1,035 Grades 9-12 ≤1,280 ≤1,080 (g) Compliance assistance. (h) Monitoring dietary specifications. (i) Nutrient analyses of school meals Conducting the nutrient analysis. (2) Software elements The Child Nutrition Database. (ii) Software evaluation. (3) Nutrient analysis procedures Weighted averages. (ii) Analyzed nutrients. (4) Comparing the results of the nutrient analysis. (j) Responsibility for monitoring meal requirements. (k) Menu choices at lunch Availability of choices. (2) Opportunity to select. (l) Requirements for lunch periods Timing. (2) Adequate lunch periods. (m) Modifications and variations in reimbursable meals and afterschool snacks Modifications for disability reasons. (i) In order to receive Federal reimbursement when a modified meal does not meet the meal pattern requirements specified in this section, the school food authority must obtain from the household a written medical statement signed by a State licensed healthcare professional. By July 1, 2025, school food authorities must also accept a medical statement signed by a registered dietitian. The medical statement must provide sufficient information about the child's dietary restrictions, such as foods to be omitted and recommended alternatives, if appropriate. Modified meals that meet the meal pattern requirements in this section are reimbursable with or without a medical statement. (ii) School food authorities must ensure that parents, guardians, and children have notice of the procedure for requesting meal modifications for disabilities and the process for procedural safeguards related to meal modifications for disabilities. See §§ 15b.6(b) and 15b.25 of this title. (iii) Expenses incurred when making meal modifications that exceed program reimbursement rates must be paid by the school food authority; costs may be paid from the nonprofit food service account. (2) Variations for non-disability reasons. (3) Exceptions for natural disasters. (n) Nutrition disclosure. (o) Afterschool snacks. (1) Eligible schools (i) Operate the National School Lunch Program; and (ii) Sponsor afterschool care programs as defined in § 210.2. (2) Afterschool snack requirements for K-12 children Afterschool snacks served to K through 12 children. (ii) Afterschool snack meal pattern table for K through 12 children. Table 5 to Paragraph ( o ii [Select two of the five components for a reimbursable snack] Meal components 1 Minimum quantities 2 Fluid Milk 3 8 fluid ounces. Meats/meat alternates 4 1 ounce equivalent. Vegetable 5 3 4 Fruits 5 3 4 Grains 6 1 ounce equivalent. 1 2 3 4 5 6 (3) Afterschool snack requirements for preschoolers Afterschool snacks served to preschoolers. (ii) Preschooler afterschool snack meal pattern table. Table 6 to Paragraph ( o ii [Select two of the five components for a reimbursable snack] Meal components 1 Minimum quantities Ages 1-2 Ages 3-5 Fluid Milk 2 4 fluid ounces 4 fluid ounces. Meats/meat alternates 3 1 2 1 2 Vegetables 4 1 2 1 2 Fruits 4 1 2 1 2 Grains 5 1 2 1 2 1 2 3 4 5 (4) Afterschool snack requirements for infants Afterschool snacks served to infants. (ii) Infant afterschool snack meal pattern table. Table 7 to Paragraph ( o Birth through 5 months 6 through 11 months 4-6 fluid ounces of breast milk 1 2 2-4 fluid ounces breast milk 1 2 0- 1 2 3 4 0- 1 4 3 4 0- 1 2 2 4 0- 1 4 3 4 5 6 0-2 tablespoons vegetable or fruit, or a combination of both. 6 7 1 2 3 4 5 6 7 (5) Monitoring afterschool snacks. (p) Lunch requirements for preschoolers Lunches served to preschoolers. (2) Preschooler lunch meal pattern table. Table 8 to Paragraph ( p [Select the appropriate components for a reimbursable meal] Meal components 1 Minimum quantities Ages 1-2 Ages 3-5 Fluid Milk 4 fluid ounces 2 6 fluid ounces. 3 Meats/meat alternates 4 1 ounce equivalent 1 1 2 Vegetables 5 1 8 1 4 Fruits 5 1 8 1 4 Grains 6 1 2 1 2 1 2 3 4 5 6 (q) Lunch requirements for infants Lunches served to infants. (2) Infant lunch meal pattern table. Table 9 to Paragraph ( q Birth through 5 months 6 through 11 months 4-6 fluid ounces breast milk 1 2 6-8 fluid ounces breast milk 1 2 1 2 2 3 0-4 tablespoons meat, fish, poultry, whole egg, cooked dry beans, peas, or lentils; or 0-2 ounces of cheese; or 0-4 ounces (volume) of cottage cheese; or 0-4 ounces or 1 2 4 5 0-2 tablespoons vegetable or fruit, or a combination of both. 5 6 1 2 3 4 5 6 (r) Severability. [77 FR 4143, Jan. 26, 2012, as amended at 78 FR 13448, Feb. 28, 2013; 78 FR 39090, June 28, 2013; 81 FR 24372, Apr. 25, 2016; 81 FR 50185, July 29, 2016; 81 FR 75671, Nov. 1, 2016; 82 FR 56713, Nov. 30, 2017; 83 FR 63789, Dec. 12, 2018; 84 FR 50289, Sept. 25, 2019; 85 FR 7853, Feb. 12, 2020; 85 FR 74847, Nov. 24, 2020; 86 FR 57544, Oct. 18, 2021; 87 FR 4126, Jan. 27, 2022; 87 FR 7005, Feb. 7, 2022; 87 FR 47331, Aug. 3, 2022; 87 FR 52329, Aug. 25, 2022; 89 FR 32065, Apr. 25, 2024; 91 FR 25076, May 8, 2026] § 210.11 Competitive food service and standards. (a) Definitions. (1) Combination foods (2) Competitive food School campus School day. (3) Entrée item (i) A combination food of a meat/meat alternate and a grain; (ii) A combination food of a vegetable or fruit and a meat/meat alternate; (iii) A meat/meat alternate alone with the exception of yogurt, low-fat or reduced fat cheese, nuts, seeds and nut or seed butters, and meat snacks (such as dried beef jerky); or (iv) A grain only entrée that is served as the main dish in a school breakfast. (4) School campus (5) School day (6) Paired exempt foods (7) Bean dip (i) Ground nut/seed butter (such as tahini [ground sesame] or peanut butter). (ii) Vegetable oil (such as olive oil, canola oil, soybean oil). (iii) Seasoning (such as salt, citric acid). (iv) Vegetables and juice for flavor (such as olives, roasted pepper, garlic, lemon juice). (v) For manufactured bean dip, contains ingredients necessary as preservatives and/or to maintain freshness. (b) General requirements for competitive food. State and local educational agency policies. (2) Recordkeeping. (3) Applicability. (4) Fundraiser restrictions. (c) General nutrition standards for competitive food. General requirement. (2) General nutrition standards. (i) Meet all of the competitive food nutrient standards as outlined in this section; and (ii) Be a grain product that contains 50 percent or more whole grains by weight or have as the first ingredient a whole grain; or (iii) Have as the first ingredient one of the non-grain major food groups: fruits, vegetables, dairy or protein foods (meat, beans, poultry, seafood, eggs, nuts, seeds, etc.); or (iv) Be a combination food that contains 1/4 (v) If water is the first ingredient, the second ingredient must be one of the food items in paragraphs (c)(2)(ii), (iii) or (iv) of this section. (3) Exemptions. Entrée items offered as part of the lunch or breakfast program. (ii) Sugar-free chewing gum. (d) Fruits and vegetables. (2) Fresh and frozen vegetables with no added ingredients except water and canned vegetables that are low sodium or no salt added that contain no added fat are exempt from the nutrient standards included in this section. (e) Grain products. (f) Total fat and saturated fat. General requirements. (ii) The saturated fat content of a competitive food must be less than 10 percent of total calories per item as packaged or served, except as specified in paragraph (f)(3) of this section. (2) Exemptions to the total fat requirement. (ii) Bean dip (as defined in paragraph (a)(7) of this section), is exempt from the total fat standard, but subject to the saturated fat, sugar, calorie, and sodium standards. This exemption does not apply to combination products that contain bean dip with other ingredients such as crackers, pretzels, pita, manufactured, snack-type vegetable and/or fruit sticks. (3) Exemptions to the total fat and saturated fat requirements. (ii) Nuts and seeds and nut/seed butters are exempt from the total fat and saturated fat standards, but subject to the sugar, calorie, and sodium standards. This exemption does not apply to combination products that contain nuts, seeds, or nut/seed butters with other ingredients, such as peanut butter and crackers, trail mix, or chocolate covered peanuts. (iii) Products that consist of only dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat are exempt from the total fat, saturated fat, and sugar standards, but subject to the calorie and sodium standards. (iv) Whole eggs with no added fat are exempt from the total fat and saturated fat standards, but subject to the calorie and sodium standards. (g) Total sugars. General requirement. weight (2) Exemptions to the total sugar requirement. (ii) Products that consist of only dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat are exempt from the total fat, saturated fat, and sugar standards, but subject to the calorie and sodium standards. (h) Calorie and sodium content for snack items and side dishes sold as competitive foods. (i) Calorie and sodium content for entrée items sold as competitive foods. (j) Caffeine. (k) Accompaniments. (l) Beverages Elementary schools. (i) Plain water or plain carbonated water (no size limit); (ii) Milk and fluid milk substitutes that meet the requirements outlined in § 210.10(d)(1) and (2) (no more than 8 fluid ounces); and (iii) One hundred (100) percent fruit/vegetable juice, and 100 percent fruit/vegetable juice diluted with water, with or without carbonation and with no added sweeteners (no more than 8 fluid ounces). (2) Middle schools. (i) Plain water or plain carbonated water (no size limit); (ii) Milk and fluid milk substitutes that meet the requirements outlined in § 210.10(d)(1) and (2) (no more than 12 fluid ounces); and (iii) One hundred (100) percent fruit/vegetable juice, and 100 percent fruit/vegetable juice diluted with water, with or without carbonation and with no added sweeteners (no more than 12 fluid ounces). (3) High schools. (i) Plain water or plain carbonated water (no size limit); (ii) Milk and fluid milk substitutes that meet the requirements outlined in § 210.10(d)(1) and (2) (no more than 12 fluid ounces); (iii) One hundred (100) percent fruit/vegetable juice, and 100 percent fruit/vegetable juice diluted with water, with or without carbonation and with no added sweeteners (no more than 12 fluid ounces); (iv) Calorie-free, flavored water, with or without carbonation (no more than 20 fluid ounces); (v) Other beverages that are labeled to contain less than 5 calories per 8 fluid ounces, or less than or equal to 10 calories per 20 fluid ounces (no more than 20 fluid ounces); and (vi) Other beverages that are labeled to contain no more than 40 calories per 8 fluid ounces or 60 calories per 12 fluid ounces (no more than 12 fluid ounces). [78 FR 39091, June 28, 2013, as amended at 81 FR 50151, July 29, 2016; 82 FR 56714, Nov. 30, 2017; 83 FR 63790, Dec. 12, 2018; 85 FR 74848, Nov. 24, 2020; 87 FR 7006, Feb. 7, 2022; 89 FR 32072, Apr. 25, 2024] § 210.12 Student, parent, and community involvement. (a) General. (b) Food service management companies. (c) Residential child care institutions. (d) Outreach activities. (2) School food authorities must cooperate with Summer Food Service Program sponsors to distribute materials to inform families of the availability and location of free Summer Food Service Program meals for students when school is not in session. (e) Local school wellness policies. [53 FR 29147, Aug. 2, 1988, as amended at 78 FR 13448, Feb. 28, 2013; 81 FR 50168, July 29, 2016; 89 FR 32073, Apr. 25, 2024] § 210.13 Facilities management. (a) Health standards. (b) Food safety inspections. (c) Food safety program. (1) A school food authority with a food safety program based on traditional hazard analysis and critical control point (HACCP) principles must: (i) Perform a hazard analysis; (ii) Decide on critical control points; (iii) Determine the critical limits; (iv) Establish procedures to monitor critical control points; (v) Establish corrective actions; (vi) Establish verification procedures; and (vii) Establish a recordkeeping system. (2) A school food authority with a food safety program based on the process approach to HACCP must ensure that its program includes: (i) Standard operating procedures to provide a food safety foundation; (ii) Menu items grouped according to process categories; (iii) Critical control points and critical limits; (iv) Monitoring procedures; (v) Corrective action procedures; (vi) Recordkeeping procedures; and (vii) Periodic program review and revision. (d) Storage. [54 FR 29147, Aug. 2, 1988, as amended at 64 FR 50740, Sept. 20, 1999; 70 FR 34630, June 15, 2005; 74 FR 66216, Dec. 15, 2009; 78 FR 13448, Feb. 28, 2013] § 210.14 Resource management. (a) Nonprofit school food service. except that, et seq. (b) Net cash resources. (c) Financial assurances. (d) Use of donated foods. (e) Pricing paid lunches. (1) Calculation procedures. (i) Determine the average price of paid lunches. The average shall be determined based on the total number of paid lunches claimed for the month of October in the previous school year, at each different price charged by the school food authority. (ii) Calculate the difference between the per meal Federal reimbursement for paid and free lunches received by the school food authority in the previous school year ( i.e., (iii) Compare the average price of a paid lunch under paragraph (e)(1)(i) of this section to the difference between reimbursement rates under paragraph (e)(1)(ii) of this section. (2) Average paid lunch price is equal to/greater than the reimbursement difference. (3) Average lunch price is lower than the reimbursement difference. (i) 2 percent; and (ii) The percentage change in the Consumers Price Index for All Urban Consumers used to increase the Federal reimbursement rate under section 11 of the Act for the most recent school year for which data are available. The percentage to be used is found in the annual notice published in the Federal Register (4) Price Adjustments. Maximum required price increase. (ii) Rounding of paid lunch prices. (iii) Optional price increases. (5) Reduction in average price for paid lunches. The minimum that must be added is the product of: (A) The number of paid lunches claimed by the school food authority in the previous school year multiplied by (B) The amount required under paragraph (e)(3) of this section, as adjusted under paragraph (e)(4) of this section, minus the average price charged. (ii) Prohibitions. (A) Federal sources of revenue; (B) Revenue from foods sold in competition with lunches or with breakfasts offered under the School Breakfast Program authorized in 7 CFR part 220. Requirements concerning foods sold in competition with lunches or breakfasts are found in § 210.11 and § 220.12 of this chapter, respectively; (C) In-kind contributions; (D) Any in-kind contributions converted to direct cash expenditures; and (E) Per-meal reimbursements (non-Federal) specifically provided for support of programs other than the school lunch program. (iii) Allowable non-Federal revenue sources. (A) Per-lunch reimbursements for paid lunches provided by State or local governments; (B) Funds provided by organizations, such as school-related or community groups, to support paid lunches; (C) Any portion of State revenue matching funds that exceeds the minimum requirement, as provided in § 210.17, and is provided for paid lunches; and (D) A proportion attributable to paid lunches from direct payments made from school district funds to support the lunch service. (6) Additional considerations. (ii) If a school food authority has an average price lower than the reimbursement difference and chooses to increase its average price for paid lunches in any school year more than is required by this section, the amount attributable to the additional voluntary increase may be carried forward to the next school year(s) to meet the requirements of this section. (7) Reporting lunch prices. (i) School food authorities shall report prices charged for paid lunches to the State agency; and (ii) State agencies shall report these prices to FNS. (f) Revenue from nonprogram foods. (1) Definition of nonprogram foods. (i) Sold in a participating school other than reimbursable meals and meal supplements; and (ii) Purchased using funds from the nonprofit school food service account. (2) Revenue from nonprogram foods. (i) The proportion of total food costs associated with obtaining nonprogram foods to (ii) The total costs associated with obtaining program and nonprogram foods from the account. (3) All revenue from the sale of nonprogram foods shall accrue to the nonprofit school food service account of a participating school food authority. (g) Indirect costs. [53 FR 29147, Aug. 2, 1988, as amended at 60 FR 31215, June 13, 1995; 76 FR 35316, June 17, 2011; 81 FR 50185, July 29, 2016; 89 FR 32073, Apr. 25, 2024] § 210.15 Reporting and recordkeeping. (a) Reporting summary. (1) A Claim for Reimbursement and, for the month of October and as otherwise specified by the State agency, supporting data as specified in accordance with § 210.8 of this part; (2) An application and agreement for Program operations between the school food authority and the State agency, and a Free and Reduced Price Policy Statement as required under § 210.9; (3) A written response to reviews pertaining to corrective action taken for Program deficiencies; (4) A commodity school's preference whether to receive part of its donated food allocation in cash for processing and handling of donated foods as required under § 210.19(b); (5) A written response to audit findings pertaining to the school food authority's operation as required under § 210.22; (6) Information on civil rights complaints, if any, and their resolution as required under § 210.23; (7) The number of food safety inspections obtained per school year by each school under its jurisdiction; (8) The prices of paid lunches charged by the school food authority; and (9) For any local educational agency required to conduct a second review of free and reduced price applications as required under § 245.11 of this chapter, the number of free and reduced price applications subject to a second review, the number and percentage of reviewed applications for which the eligibility determination was changed, and a summary of the types of changes made. (b) Recordkeeping summary. (1) Documentation of participation data by school in support of the Claim for Reimbursement and data used in the claims review process, as required under § 210.8(a), (b), and (c) of this part; (2) Production and menu records as required under § 210.10 and documentation to support performance-based cash assistance, as required under § 210.7(d)(2). (3) Participation records to demonstrate positive action toward providing one lunch per child per day as required under § 210.10(a)(2), whichever is applicable; (4) Currently approved and denied certification documentation for free and reduced price lunches and a description of the verification activities, including verified applications, and any accompanying source documentation in accordance with 7 CFR 245.6a of this Title; and (5) Records from the food safety program for a period of six months following a month's temperature records to demonstrate compliance with § 210.13(c), and records from the most recent food safety inspection to demonstrate compliance with § 210.13(b); (6) Records to document compliance with the requirements in § 210.14(e); (7) Records to document compliance with the requirements in § 210.14(f); and (8) Records for a three year period to demonstrate the school food authority's compliance with the professional standards for school nutrition program directors, managers and personnel established in § 210.30. (9) Records to document compliance with the local school wellness policy requirements as set forth in § 210.31(f). [53 FR 29147, Aug. 2, 1988, as amended at 54 FR 12582, Mar. 28, 1989; 56 FR 32941, July 17, 1991; 60 FR 31215, June 13, 1995; 65 FR 26912, 26922, May 9, 2000; 70 FR 34630, June 15, 2005; 74 FR 66216, Dec. 15, 2009; 76 FR 35317, June 17, 2011; 77 FR 25035, Apr. 27, 2012; 79 FR 7053, Feb. 6, 2014; 80 FR 11092, Mar. 2, 2015; 81 FR 50169, July 29, 2016; 81 FR 50185, July 29, 2016; 89 FR 32073, Apr. 25, 2024] § 210.16 Food service management companies. (a) General. (1) Adhere to the procurement standards specified in § 210.21 when contracting with the food service management company; (2) Ensure that the food service operation is in conformance with the school food authority's agreement under the Program; (3) Monitor the food service operation through periodic on-site visits; (4) Retain control of the quality, extent, and general nature of its food service, and the prices to be charged the children for meals; (5) Retain signature authority on the State agency-school food authority agreement, free and reduced price policy statement and claims; (6) Ensure that all federally donated foods received by the school food authority and made available to the food service management company accrue only to the benefit of the school food authority's nonprofit school food service and are fully utilized therein; (7) Maintain applicable health certification and assure that all State and local regulations are being met by a food service management company preparing or serving meals at a school food authority facility; (8) Establish an advisory board composed of parents, teachers, and students to assist in menu planning; (9) Obtain written approval of invitations for bids and requests for proposals before their issuance when required by the State agency. The school food authority must incorporate all State agency required changes to its solicitation documents before issuing those documents; and (10) Ensure that the State agency has reviewed and approved the contract terms and that the school food authority has incorporated all State agency required changes into the contract or amendment before any contract or amendment to an existing food service management company contract is executed. Any changes made by the school food authority or a food service management company to a State agency pre-approved prototype contract or State agency approved contract term must be approved in writing by the State agency before the contract is executed. When requested, the school food authority must submit all procurement documents, including responses submitted by potential contractors, to the State agency, by the due date established by the State agency. (b) Invitation to bid. (1) The invitation to bid or request for proposal contains a 21-day cycle menu developed in accordance with the provisions of § 210.10, to be used as a standard for the purpose of basing bids or estimating average cost per meal. A school food authority with no capability to prepare a cycle menu may, with State agency approval, require that each food service management company include a 21-day cycle menu, developed in accordance with the provisions of § 210.10, with its bid or proposal. The food service management company must adhere to the cycle for the first 21 days of meal service. Changes thereafter may be made with the approval of the school food authority. (2) Any invitation to bid or request for proposal indicate that nonperformance subjects the food service management company to specified sanctions in instances where the food service management company violates or breaches contract terms. The school food authority shall indicate these sanctions in accordance with the procurement provisions stated in § 210.21. (c) Contracts. (1) The food service management company shall maintain such records as the school food authority will need to support its Claim for Reimbursement under this part, and shall, at a minimum, report claim information to the school food authority promptly at the end of each month. Such records shall be made available to the school food authority, upon request, and shall be retained in accordance with § 210.23(c). (2) The food service management company shall have State or local health certification for any facility outside the school in which it proposes to prepare meals and the food service management company shall maintain this health certification for the duration of the contract. (3) No payment is to be made for meals that are spoiled or unwholesome at time of delivery, do not meet detailed specifications as developed by the school food authority for each food component specified in § 210.10, or do not otherwise meet the requirements of the contract. Specifications shall cover items such a grade, purchase units, style, condition, weight, ingredients, formulations, and delivery time. (4) Provisions in part 250, subpart D of this chapter must be included to ensure the value of donated foods, i.e., (d) Duration of contract. [53 FR 29147, Aug. 2, 1988, as amended at 60 FR 31215, June 13, 1995; 65 FR 26912, May 9, 2000; 72 FR 61491, Oct. 31, 2007; 88 FR 57845, Aug. 23, 2023] Subpart D—Requirements for State Agency Participation § 210.17 Matching Federal funds. (a) State revenue matching. provided that, (b) Private school exemption. (c) Territorial waiver. (d) Applicable revenues. (1) State revenues disbursed by the State agency to school food authorities for program purposes, including revenue disbursed to nonprofit private schools where the State administers the program in such schools; (2) State revenues made available to school food authorities and transferred by the school food authorities to the nonprofit school food service accounts or otherwise expended by the school food authorities in connection with the nonprofit school food service program; and (3) State revenues used to finance the costs (other than State salaries or other State level administrative costs) of the nonprofit school food service program, i.e.: (i) Local program supervision; (ii) Operating the program in participating schools; and (iii) The intrastate distribution of foods donated under part 250 of this chapter to schools participating in the program. (e) Distribution of matching revenues. except as (f) Failure to match. (g) Reports. (h) Accounting system. § 210.18 Administrative reviews. (a) Programs covered and methodology. (b) Definitions. Administrative reviews Critical areas General areas (i) Performance Standard 1 (ii) Performance Standard 2 Day of Review Documented corrective action General areas Participation factor Review period (c) Review cycle. (1) Targeted follow-up reviews. (2) High-risk criteria for targeted follow-up reviews. (3) Timing and scope of targeted follow-up reviews. (d) Scheduling school food authorities. (1) Schedule of reviews. (2) Exceptions. (e) Number of schools to review. (1) Minimum number of schools. Table A Number of schools in the school food authority Minimum 1 to 5 1 6 to 10 2 11 to 20 3 21 to 40 4 41 to 60 6 61 to 80 8 81 to 100 10 101 or more *12 * Twelve plus 5 percent of the number of schools over 100. Fractions must be rounded up (>0.5) or down (<0.5) to the nearest whole number. (2) School selection criteria. (A) Elementary schools with a free average daily participation of 100 or more and a free participation factor of 97 percent or more; (B) Secondary schools with a free average daily participation of 100 or more and a free participation factor of 77 percent or more; and (C) Combination schools with a free average daily participation of 100 or more and a free participation factor of 87 percent or more. A combination school means a school with a mixture of elementary and secondary grades. (ii) When the number of schools selected on the basis of the criteria established in paragraph (e)(2)(i) of this section is not sufficient to meet the minimum number of schools required under paragraph (e)(1) of this section, the additional schools selected for review must be identified using State agency criteria which may include low participation schools; recommendations from a food service director based on findings from the on-site visits or the claims review process required under § 210.8(a); or any school in which the daily meal counts appear questionable ( e.g., (iii) In selecting schools for an administrative review of the School Breakfast Program, State agencies must follow the selection criteria set forth in this paragraph and FNS' Administrative Review Manual. (A) In school food authorities operating only the breakfast program, State agencies must review the number of schools set forth in Table A in paragraph (e)(1) of this section. (B) In school food authorities operating both the lunch and breakfast programs, State agencies must review the breakfast program in 50 percent of the schools selected for an administrative review under paragraph (e)(1) of this section that operate the breakfast program. (C) If none of the schools selected for an administrative review under paragraph (e)(1) of this section operates the breakfast program, but the school food authority operates the program elsewhere, the State agency must follow procedures in the FNS Administrative Review Manual (3) Site selection for other federal program reviews National School Lunch Program's Afterschool Snacks. Administrative Review Manual. (ii) National School Lunch Program's Seamless Summer Option. Administrative Review Manual. (iii) Fresh Fruit and Vegetable Program. Administrative Review Manual Table B Number of schools Minimum 0 to 5 1 6 to 10 2 11 to 20 3 21 to 40 4 41 to 60 6 61 to 80 8 81 to 100 10 101 or more 12* * Twelve plus 5 percent of the number of schools over 100. Fractions must be rounded up (>0.5) or down (<0.5) to the nearest whole number. (iv) Special Milk Program. Administrative Review Manual. (4) Pervasive problems. (5) Noncompliance with meal pattern requirements. (f) Scope of review. (1) Review forms. (2) Timeframes covered by the review. (ii) Subject to FNS approval, the State agency may conduct a review early in the school year, prior to the submission of a Claim for Reimbursement. In such cases, the review period must be the prior month of operation in the current school year, provided that such month includes at least 10 operating days. (3) Audit results. (4) Completion of review requirements outside the administrative review. (5) Error reduction strategies. (g) Critical areas of review. (1) Performance Standard 1 (All free, reduced price and paid school meals claimed for reimbursement are served only to children eligible for free, reduced price and paid school meals, respectively; and are counted, recorded, consolidated and reported through a system which consistently yields correct claims.) Administrative Review Manual Administrative Review Manual, (i) Certification and benefit issuance. i.e., (ii) Meal counting and claiming. i.e., (A) The daily meal counts, by type, for the review period are more than the product of the number of children determined by the school/school food authority to be eligible for free, reduced price, and paid meals for the review period times an attendance factor. If the meal count, for any type, appears questionable or significantly exceeds the product of the number of eligibles, for that type, times an attendance factor, documentation showing good cause must be available for review by the State agency. (B) For each school selected for review, each type of food service line provides accurate point of service meal counts, by type, and those meal counts are correctly counted and recorded. If an alternative counting system is employed (in accordance with § 210.7(c)(2)), the State agency shall ensure that it provides accurate counts of reimbursable meals, by type, and is correctly implemented as approved by the State agency. (C) For each school selected for review, all meals are correctly counted, recorded, consolidated and reported for the day they are served. (2) Performance Standard 2 (Lunches claimed for reimbursement by the school food authority meet the meal requirements in § 210.10, as applicable to the age/grade group reviewed. Breakfasts claimed for reimbursement by the school food authority meet the meal requirements in § 220.8 of this chapter, as applicable to the age/grade group reviewed. Administrative Review Manual, Administrative Review Manual, (i) Meal components and quantities. (A) Review menu and production records for the reviewed schools for a minimum of one school week ( i.e., ( 1 ( 2 (B) On the day of review, the State agency must: ( 1 ( 2 ( 3 1/2 (ii) Dietary specifications. Administrative Review Manual. (iii) Performance-based cash assistance. (h) General areas of review. (1) Resource management. (i) Maintenance of the nonprofit school food service account. (ii) Paid lunch equity. (iii) Revenue from nonprogram foods. (iv) Indirect costs. (2) General Program Compliance Free and reduced price process. (A) Confirm the free and reduced price policy statement, as required in § 245.10 of this chapter, is implemented as approved. (B) Ensure that the process used to verify children's eligibility for free and reduced price meals in a sample of household applications is consistent with the verification requirements, procedures, and deadlines established in § 245.6a of this chapter. (C) Determine that, for each reviewed school, the meal count system does not overtly identify children eligible for free and reduced price meals, as required under § 245.8 of this chapter. (D) Review at least 10 denied applications to evaluate whether the determining official correctly denied applicants for free and reduced price meals, and whether denied households were provided notification in accordance with § 245.6(c)(7)of this chapter. (E) Confirm that a second review of applications has been conducted and that information has been correctly reported to the State agency as required in § 245.11, if applicable. (ii) Civil rights. (iii) School food authority on-site monitoring. (iv) Competitive food standards. (v) Water. (vi) Food safety. (vii) Reporting and recordkeeping. Administrative Review Manual. (viii) Program outreach. (ix) Professional standards. (x) Local school wellness. (xi) Buy American. (i) Entrance and exit conferences and notification Entrance conference. (2) Exit conference. (3) Notification. i.e., (j) Corrective action. (1) Extensions of the timeframes. (2) Documented corrective action. (k) Withholding payment. (1) Cause for withholding. (ii) The State agency must withhold all Program payments to a school food authority if the State agency finds that corrective action for critical area violation was not completed; (iii) The State agency may withhold Program payments to a school food authority at its discretion, if the State agency found a critical area violation on a previous review and the school food authority continues to have the same error for the same cause; and (iv) For general area violations, the State agency may withhold Program payments to a school food authority at its discretion, if the State agency finds that documented corrective action is not provided within the deadlines specified in paragraph (j)(2) of this section, corrective action is not complete, or corrective action was not taken as specified in the documented corrective action. (2) Duration of withholding. (3) Exceptions. (4) Failure to withhold payments. (l) Fiscal action. (1) Performance Standard 1 violations. (i) For certification and benefit issuance errors cited under paragraph (g)(1)(i) of this section, the total number of free and reduced price meals claimed must be adjusted to according to procedures established by FNS. (ii) For meal counting and claiming errors cited under paragraph (g)(1)(ii) of this section, the State agency must apply fiscal action to the incorrect meal counts at the school food authority level, or only to the reviewed schools where violations were identified, as applicable. (2) Performance Standard 2 violations. (i) For missing meal components or missing production records cited under paragraph (g)(2) of this section, the State agency must apply fiscal action. (ii) For repeated violations involving food quantities, whole grain-rich foods, milk type, and vegetable subgroups cited under paragraph (g)(2) of this section, the State agency has discretion to apply fiscal action as follows: (A) If the meals contain insufficient quantities of the required meal components, the deficient meals may be disallowed and reclaimed. (B) If no whole grain-rich foods are offered during the week of review, meals for up to the entire week of review may be disallowed and reclaimed. (C) If insufficient whole grain-rich foods are offered during the week of review, meals for up to the entire week of review may be disallowed and/or reclaimed. (D) If an unallowable milk type is offered, or no milk variety is offered, the deficient meals may be disallowed and reclaimed. (E) If one vegetable subgroup is not offered over the course of the week of review, meals for up to the entire week of review may be disallowed and reclaimed. (F) If a weekly vegetable subgroup is offered in insufficient quantity to meet the weekly vegetable subgroup requirement, meals for one day of the week of review may be disallowed and reclaimed. (G) If the amount of juice offered exceeds the weekly limitation, meals for up to the entire week of review may be disallowed and/or reclaimed. (iii) For repeated violations of the dietary specifications cited under paragraph (g)(2)(ii) of this section, the State agency has discretion to apply fiscal action to the reviewed school as follows: (A) If the average meal offered over the course of the week of review does not meet one of the dietary specifications, meals for the entire week of review may be disallowed and reclaimed; and (B) Fiscal action is limited to the school selected for the targeted menu review and must be supported by a nutrient analysis of the meals at issue using USDA-approved software. (iv) The following conditions must be met prior to applying fiscal action as described in paragraphs (l)(2)(ii) and (iii) of this section: (A) Technical assistance has been given by the State agency; (B) Corrective action has been previously required and monitored by the State agency; and (C) The school food authority remains noncompliant with the meal requirements established in part 210 and part 220 of this chapter. (3) Duration of fiscal action. (i) Performance Standard 1 certification and benefit issuance violations. (ii) Other Performance Standard 1 and Performance Standard 2 violations. (A) If corrective action occurs during the on-site review month or after, the State agency would be required to apply fiscal action from the point corrective action occurs back through the beginning of the on-site review month, and (B) If corrective action occurs during the review period, the State agency would be required to apply fiscal action from the point corrective action occurs back through the beginning of the review period; (C) If corrective action occurs prior to the review period, no fiscal action would be required; and (D) If corrective action occurs in a claim month between the review period and the on-site review month, the State agency would apply fiscal action only to the review period. (4) Performance-based cash assistance. (m) Transparency requirement. (1) The State agency must post a summary of the most recent results for each school food authority on the State agency's public Web site, and make a copy of the final administrative review report available to the public upon request. A State agency may also strongly encourage each school food authority to post a summary of the most recent results on its public Web site, and make a copy of the final administrative review report available to the public upon request. (2) The summary must cover meal access and reimbursement, meal patterns and nutritional quality of school meals, school nutrition environment (including food safety, local school wellness policy, and competitive foods), civil rights, and program participation. (3) The summary must be posted no later than 30 days after the State agency provides the results of administrative review to the school food authority. (n) Reporting requirement. (o) Recordkeeping. (1) Criteria for selecting schools for administrative reviews in accordance with paragraphs (e)(2)(ii) and (i)(2)(ii) of this section. (2) Documentation demonstrating compliance with the statistical sampling requirements in accordance with paragraph (g)(1)(i) of this section, if applicable. (p) School food authority appeal of State agency findings. (1) The written request for a review must be postmarked within 15 calendar days of the date the appellant received the notice of the denial of all or a part of the Claim for Reimbursement, withholding of payment, or fines established under § 210.26, or § 215.15 or § 220.18 of this chapter, and the State agency must acknowledge the receipt of the request for appeal within 10 calendar days; (2) The appellant may refute the action specified in the notice in person and by written documentation to the review official. In order to be considered, written documentation must be filed with the review official not later than 30 calendar days after the appellant received the notice. The appellant may retain legal counsel, or may be represented by another person. A hearing shall be held by the review official in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter of request for review. Failure of the appellant school food authority's representative to appear at a scheduled hearing shall constitute the appellant school food authority's waiver of the right to a personal appearance before the review official, unless the review official agrees to reschedule the hearing. A representative of the State agency shall be allowed to attend the hearing to respond to the appellant's testimony and to answer questions posed by the review official; (3) If the appellant has requested a hearing, the appellant and the State agency shall be provided with at least 10 calendar days advance written notice, sent by certified mail, or its equivalent, or sent electronically by email or facsimile, of the time, date and place of the hearing; (4) Any information on which the State agency's action was based shall be available to the appellant for inspection from the date of receipt of the request for review; (5) The review official shall be an independent and impartial official other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this section; (6) The review official shall make a determination based on information provided by the State agency and the appellant, and on program regulations; (7) Within 60 calendar days of the State agency's receipt of the request for review, by written notice, sent by certified mail, or its equivalent, or electronically by email or facsimile, the review official shall inform the State agency and the appellant of the determination of the review official. The final determination shall take effect upon receipt of the written notice of the final decision by the school food authority; (8) The State agency's action shall remain in effect during the appeal process; and (9) The determination by the State review official is the final administrative determination to be afforded to the appellant. (q) FNS review activity. [81 FR 50185, July 29, 2016, as amended at 83 FR 25357, June 1, 2018; 88 FR 57845, Aug. 23, 2023; 88 FR 90347, Dec. 29, 2023; 89 FR 32073, Apr. 25, 2024] § 210.19 Additional responsibilities. (a) General Program management. (1) Assurance of compliance for finances. (2) Improved management practices. (3) Program compliance. (4) Investigations. (5) Food service management companies. (A) When the State agency develops a prototype contract for use by the school food authority that meets the provisions and standards set forth in this part, this annual review may be limited to changes made to that contract. (B) The State agency may establish due dates for submission of the contract or contract amendment documents. (ii) The State agency must perform a review of each school food authority that contracts with a food service management company, at least once during each 5-year period. The reviews must examine the school food authority's compliance with § 210.16 of this part. (iii) The State agency may require all food service management companies to register with the State agency prior to contracting for food service with any school food authority in the State. (iv) State agencies must provide assistance to school food authorities upon request to assure compliance with the requirements for contracting with a food service management company. (b) Donated food distribution information. (c) Fiscal action. (1) Definition. (2) General principles. (i) The State agency shall identify the school food authority's correct entitlement and take fiscal action when any school food authority claims or receives more Federal funds than earned under § 210.7 of this part. In order to take fiscal action, the State agency shall identify accurate counts of reimbursable meals through available data, if possible. In the absence of reliable data, the State agency shall reconstruct the meal accounts in accordance with procedures established by FNS. (ii) Unless otherwise specified under § 210.18(l) of this part, fiscal action shall be extended back to the beginning of the school year or that point in time during the current school year when the infraction first occurred, as applicable. Based on the severity and longevity of the problem, the State agency may extend fiscal action back to previous school years, as applicable. The State agency shall ensure that any Claim for Reimbursement, filed subsequent to the reviews conducted under § 210.18 and prior to the implementation of corrective action, is limited to meals eligible for reimbursement under this part. (iii) In taking fiscal action, State agencies shall assume that children determined by the reviewer to be incorrectly approved for free and reduced price meals participated at the same rate as correctly approved children in the corresponding meal category. (3) Failure to collect. (4) Interest charge. (5) Use of recovered payment. (6) Exceptions. Documentation (7) Claims adjustment. (d) Management evaluations. (e) Additional requirements. (f) Cooperation with the Child and Adult Care Food Program. [53 FR 29147, Aug. 2, 1988] Editorial Note: For Federal Register www.govinfo.gov. § 210.20 Reporting and recordkeeping. (a) Reporting summary. (1) Requests for cash to make reimbursement payments to school food authorities as required under § 210.5(a); (2) Information on the amounts of Federal Program funds expended and obligated to date (FNS-777) as required under § 210.5(d); (3) Statewide totals on Program participation (FNS-10) as required under § 210.5(d); (4) Information on State funds provided by the State to meet the State matching requirements (FNS-13) specified under § 210.17(g); (5) Results of reviews and audits; (6) The prices of paid lunches charged by each school food authority; and (7) For each local educational agency required to conduct a second review of applications under § 245.11 of this chapter, the number of free and reduced price applications subject to a second review, the results of the reviews including the number and percentage of reviewed applications for which the eligibility determination was changed, and a summary of the types of changes made. (b) Recordkeeping summary. (1) Accounting records and source documents to control the receipt, custody and disbursement of Federal Program funds as required under § 210.5(a); (2) Documentation supporting all school food authority claims paid by the State agency as required under § 210.5(d); (3) Documentation to support the amount the State agency reported having used for State revenue matching as required under § 210.17(h); (4) Records supporting the State agency's review of net cash resources as required under § 210.19(a); (5) Reports on the results of investigations of complaints received or irregularities noted in connection with Program operations as required under § 210.19(a) (6) Records of all reviews and audits, including records of action taken to correct Program violations; and records of fiscal action taken, including documentation of recoveries made; (7) Documentation of action taken to disallow improper claims submitted by school food authorities, as required by § 210.19(c) and as determined through claims processing, resulting from actions such as reviews, audits and USDA audits; (8) Records of USDA audit findings, State agency's and school food authorities' responses to them and of corrective action taken as required by § 210.22(a); (9) Records pertaining to civil rights responsibilities as defined under § 210.23(b); (10) Records supplied by the school food authorities showing the number of food safety inspections obtained by schools for the current and three most recent school years. (11) Records showing compliance with the requirements in § 210.14(e)(5) and records supplied annually by school food authorities showing paid meal prices charged as required by § 210.14(e)(6); (12) Records to document compliance with the requirements in § 210.14(f); and (13) Records for a three year period to demonstrate compliance with the professional standards for State directors of school nutrition programs established in § 235.11(h) of this chapter. [53 FR 29147, Aug. 2, 1988, as amended at 56 FR 32948, July 17, 1991; 56 FR 55527, Oct. 28, 1991; 64 FR 50741, Sept. 20, 1999; 70 FR 34630, June 15, 2005; 76 FR 35318, June 17, 2011; 78 FR 13449, Feb. 28, 2013; 79 FR 7054, Feb. 6, 2014; 80 FR 11092, Mar. 2, 2015; 81 FR 50193, July 29, 2016; 88 FR 57847, Aug. 23, 2023; 89 FR 32074, Apr. 25, 2024] Subpart E—State Agency and School Food Authority Responsibilities § 210.21 Procurement. (a) General. (b) Contractual responsibilities. (c) Procedures. (1) Pre-issuance review requirement. (2) Prototype solicitation documents and contracts. (3) Prohibited expenditures. (d) Buy American Definitions. (i) Domestic commodity or product (A) An agricultural commodity that is produced in the United States; and (B) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. (ii) Substantially using agriculture commodities that are produced in the United States (2) In general. (3) Required language. (4) Limitations. (i) A school food authority located in the contiguous United States; and (ii) A purchase of domestic commodity or product for the school lunch program under this part. (5) Exceptions. (i) The school food authority determines that one of the following limited exceptions is met: (A) The product is listed in the Federal Acquisitions Regulations (FAR) at 48 CFR 25.104 and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality; or (B) Competitive bids reveal the cost of a United States product is significantly higher than the non-domestic product. (ii) Non-domestic food purchases (those that do not meet the definition of domestic commodity or product, as defined in paragraph (d)(1) of this section) must not exceed the following caps by the established deadlines: (A) By July 1, 2025, non-domestic food purchases must not exceed 10 percent of total annual commercial food costs that a school food authority purchases per school year. (B) By July 1, 2028, non-domestic food purchases must not exceed 8 percent of total annual commercial food costs that a school food authority purchases per school year. (C) By July 1, 2031, non-domestic food purchases must not exceed 5 percent of total annual commercial food costs that a school food authority purchases per school year. (iii) School food authorities must maintain documentation, except when the item purchased is found on the FAR at 48 CFR 25.104 when using an exception under paragraph (d)(5)(i) of this section. (iv) School food authorities must maintain documentation, to demonstrate that when using an exception under paragraph (d)(5)(i) of this section their non-domestic food purchases do not exceed the annual threshold specified in paragraph (d)(5)(ii) of this section. (6) Harvested fish. (i) Farmed fish must be harvested within the United States or any territory or possession of the United States; and (ii) Wild caught fish must be harvested within the Exclusive Economic Zone of the United States or by a United States flagged vessel. (7) Applicability to Hawaii. (8) Temporary accommodation. (e) Restrictions on the sale of milk. (f) Cost reimbursable contracts Required provisions. (i) Allowable costs will be paid from the nonprofit school food service account to the contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the school food authority; (ii)(A) The contractor must separately identify for each cost submitted for payment to the school food authority the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account); or (B) The contractor must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification; (iii) The contractor's determination of its allowable costs must be made in compliance with the applicable Departmental and Program regulations and Office of Management and Budget cost circulars; (iv) The contractor must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the State agency, the school food authority may permit the contractor to report this information on a less frequent basis than monthly, but no less frequently than annually; (v) The contractor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and (vi) The contractor must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the school food authority, the State agency, or the Department. (2) Prohibited expenditures. (g) Geographic preference. (2) For the purpose of applying the optional geographic procurement preference in paragraph (g)(1) of this section, “unprocessed locally grown or locally raised agricultural products” means only those agricultural products that retain their inherent character. The effects of the following food handling and preservation techniques shall not be considered as changing an agricultural product into a product of a different kind or character: Cooling; refrigerating; freezing; size adjustment made by peeling, slicing, dicing, cutting, chopping, shucking, and grinding; forming ground products into patties without any additives or fillers; drying/dehydration; washing; packaging (such as placing eggs in cartons), vacuum packing and bagging (such as placing vegetables in bags or combining two or more types of vegetables or fruits in a single package); the addition of ascorbic acid or other preservatives to prevent oxidation of produce; butchering livestock and poultry; cleaning fish; and the pasteurization of milk. (h) Procurement training. (2) Procurement training may count towards the professional standards training standards at § 210.30(g) of this part and § 235.11(h) of this chapter. (3) State agencies and school food authorities must retain records to document compliance with the requirement in this section. [53 FR 29147, Aug. 2, 1988, as amended at 64 FR 50741, Sept. 20, 1999; 70 FR 70033, Nov. 21, 2005; 71 FR 39516, July 13, 2006; 72 FR 61491, Oct. 31, 2007; 76 FR 22607, Apr. 22, 2011; 77 FR 4153, Jan. 26, 2012; 81 FR 66489, Sept. 28, 2016; 88 FR 57847, Aug. 23, 2023; 89 FR 32074, Apr. 25, 2024] § 210.22 Audits. (a) General. (b) Audit procedure. [53 FR 29147, Aug. 2, 1988, as amended at 71 FR 39516, July 13, 2006; 81 FR 66488, Sept. 28, 2016] § 210.23 Other responsibilities. (a) Free and reduced price lunches and afterschool snacks. (b) Civil rights. (c) Retention of records. (d) Program evaluations. [53 FR 29147, Aug. 2, 1988, as amended at 58 FR 42489, Aug. 10, 1993; 64 FR 50741, Sept. 20, 1999; 72 FR 24183, May 2, 2007; 76 FR 22797, Apr. 25, 2011; 76 FR 37982, June 29, 2011; 81 FR 50193, July 29, 2016; 89 FR 32075, Apr. 25, 2024] Subpart F—Additional Provisions § 210.24 Withholding payments. In accordance with Departmental regulations at 2 CFR 200.338 through 200.342, the State agency shall withhold Program payments, in whole or in part, to any school food authority which has failed to comply with the provisions of this part. Program payments shall be withheld until the school food authority takes corrective action satisfactory to the State agency, or gives evidence that such corrective action will be taken, or until the State agency terminates the grant in accordance with § 210.25 of this part. Subsequent to the State agency's acceptance of the corrective actions, payments will be released for any lunches served in accordance with the provisions of this part during the period the payments were withheld. [56 FR 32948, July 17, 1991, as amended at 71 FR 39516, July 13, 2006; 72 FR 61492, Oct. 31, 2007; 81 FR 66488, Sept. 28, 2016] § 210.25 Suspension, termination and grant closeout procedures. Whenever it is determined that a State agency has materially failed to comply with the provisions of this part, or with FNS guidelines and instructions, FNS may suspend or terminate the Program in whole, or in part, or take any other action as may be available and appropriate. A State agency may also terminate the Program by mutual agreement with FNS. FNS and the State agency shall comply with the provisions of 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415 concerning grant suspension, termination and closeout procedures. Furthermore, the State agency shall apply these provisions, as applicable, to suspension or termination of the Program in school food authorities. [53 FR 29147, Aug. 2, 1988. Redesignated at 56 FR 32948, July 17, 1991, and amended at 71 FR 39516, July 13, 2006; 81 FR 66488, 66490, Sept. 28, 2016] § 210.26 Penalties and fines. (a) Penalties. (b) Fines. (i) Failed to correct severe mismanagement of this Program or a Child Nutrition Program under parts 225 or 226 of this chapter; (ii) Disregarded a Program requirement of which the school food authority or school had been informed; or (iii) Failed to correct repeated violations of Program requirements under this part or under parts 225 or 226 of this chapter. (2) FNS may direct the State agency to establish a fine against any school food authority when it has determined that the school food authority or school meets the criteria set forth under paragraph (b)(1) of this section. (3) Funds used to pay fines established under this paragraph must be derived from non-Federal sources. The State agency must calculate the fine based on the amount of Program reimbursement earned by the school food authority or school for the most recent fiscal year for which full year data is available, provided that the fine does not exceed the equivalent of: (i) For the first fine, 1 percent of the amount of meal reimbursement earned for the fiscal year; (ii) For the second fine, 5 percent of the amount of meal reimbursement earned for the fiscal year; and (iii) For the third or subsequent fine, 10 percent of the amount of meal reimbursement earned for the fiscal year. (4) The State agency must inform FNS at least 30 days prior to establishing the fine under this paragraph. The State agency must send the school food authority written notification of the fine established under this paragraph and provide a copy of the notification to FNS. The notification must: (i) Specify the violations or actions which constitute the basis for the fine and indicate the amount of the fine; (ii) Inform the school food authority that it may appeal the fine and advise the school food authority of the appeal procedures established under § 210.18(p); (iii) Indicate the effective date and payment procedures should the school food authority not exercise its right to appeal within the specified timeframe. (5) Any school food authority subject to a fine under paragraph (b)(1) of this section may appeal the State agency's determination. In appealing a fine, the school food authority must submit to the State agency any pertinent information, explanation, or evidence addressing the Program violations identified by the State agency. Any school food authority seeking to appeal the State agency determination must follow State agency appeal procedures. (6) The decision of the State agency review official is final and not subject to further administrative or judicial review. Failure to pay a fine established under this paragraph may be grounds for suspension or termination. (7) Money received by the State agency as a result of a fine established under this paragraph against a school food authority and any interest charged in the collection of these fines must be remitted to FNS, and then remitted to the United States Treasury. [88 FR 57847, Aug. 23, 2023] § 210.27 Educational prohibitions. In carrying out the provisions of the Act, the Department shall not impose any requirements with respect to teaching personnel, curriculum, instructions, methods of instruction, or materials of instruction in any school as a condition for participation in the Program. [53 FR 29147, Aug. 2, 1988. Redesignated at 56 FR 32948, July 17, 1991, as amended at 64 FR 50741, Sept. 20, 1999] § 210.28 Pilot project exemptions. Those State agencies or school food authorities selected for the pilot projects mandated under section 18(d) of the Act may be exempted by the Department from some or all of the counting and free and reduced price application requirements of this part and 7 CFR part 245, as necessary, to conduct an approved pilot project. Additionally, those schools selected for pilot projects that also operate the School Breakfast Program (7 CFR part 220) and/or the Special Milk Program for Children (7 CFR part 215), may be exempted from the counting and free and reduced price application requirements mandated under these Programs. The Department shall notify the appropriate State agencies and school food authorities of its determination of which requirements are exempted after the Department's selection of pilot projects. [55 FR 41504, Oct. 12, 1990. Redesignated at 56 FR 32948, July 17, 1991, And further redesignated at 64 FR 50741, Sept. 20, 1999] § 210.29 Management evaluations. (a) Management evaluations. (b) Basis for evaluations. (c) Scope of management evaluations. (1) Local compliance. (2) State agency compliance. (d) School food authority reviews. (1) Observation of State agency reviews. (2) Section 210.18 reviews. (3) School food authority appeal of FNS findings. (i) The written request for a review of the record shall be postmarked within 15 calendar days of the date the appellant received the notice of the denial of all or a part of the Claim for Reimbursement or withholding payment and the envelope containing the request shall be prominently marked “REQUEST FOR REVIEW”. FNS will acknowledge the receipt of the request for appeal within 10 calendar days. The acknowledgement will include the name and address of the FNS Administrative Review Officer (ARO) reviewing the case. FNS will also notify the State agency of the request for appeal. (ii) The appellant may refute the action specified in the notice in person and by written documentation to the ARO. In order to be considered, written documentation must be filed with the ARO not later than 30 calendar days after the appellant received the notice. The appellant may retain legal counsel, or may be represented by another person. A hearing shall be held by the ARO in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter of request for review. Failure of the appellant school food authority's representative to appear at a scheduled hearing shall constitute the appellant school food authority's waiver of the right to a personal appearance before the ARO, unless the ARO agrees to reschedule the hearing. A representative of FNS shall be allowed to attend the hearing to respond to the appellant's testimony and to answer questions posed by the ARO; (iii) If the appellant has requested a hearing, the appellant shall be provided with a least 10 calendar days advance written notice, sent by certified mail, return receipt requested, of the time, date, and place of the hearing; (iv) Any information on which FNS's action was based shall be available to the appellant for inspection from the date of receipt of the request for review; (v) The ARO shall be an independent and impartial official other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this section; (vi) The ARO shall make a determination based on information provided by FNS and the appellant, and on Program regulations; (vii) Within 60 calendar days of the receipt of the request for review, by written notice, sent by certified mail, return receipt requested, the ARO shall inform FNS, the State agency and the appellant of the determination of the ARO. The final determination shall take effect upon receipt of the written notice of the final decision by the school food authority; (viii) The action being appealed shall remain in effect during the appeal process; (ix) The determination by the ARO is the final administrative determination to be afforded to the appellant. (4) Coordination with State agency. (e) Management evaluation findings. [56 FR 32949, July 17, 1991, as amended at 57 FR 38586, Aug. 26, 1992. Redesignated at 64 FR 50741, Sept. 20, 1999, as amended at 81 FR 50193, July 29, 2016; 89 FR 32075, Apr. 25, 2024] § 210.30 School nutrition program professional standards. (a) General. (b) Minimum standards for all school nutrition program directors. (1) Hiring standards. (i) School nutrition program directors with local educational agency enrollment of 2,499 students or fewer. (A) A bachelor's degree, or equivalent educational experience, as determined by the State agency, with an academic major or concentration in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field; (B) A bachelor's degree, or equivalent educational experience, as determined by the State agency, with any academic major or area of concentration, and either a State-recognized certificate for school nutrition directors, or at least one year of relevant food service experience. At the discretion of the State agency, and on an individual basis, documented relevant food service experience may be unpaid; (C) An associate's degree, or equivalent educational experience, as determined by the State agency, with an academic major or area of concentration in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field and at least one year of relevant food service experience. At the discretion of the State agency, and on an individual basis, documented relevant food service experience may be unpaid; or (D) A high school diploma or equivalency (such as the general educational development diploma), and at least three years of relevant food service experience. At the discretion of the State agency, and on an individual basis, documented relevant food service experience may be unpaid. Directors hired under this criterion are strongly encouraged to work toward attaining an associate's degree in an academic major in at least one of the fields listed in paragraph (b)(1)(i)(C) of this section. (ii) School nutrition program directors with local educational agency enrollment of 2,500 to 9,999 students. (A) A bachelor's degree, or equivalent educational experience, as determined by the State agency, with an academic major or concentration in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field; (B) A bachelor's degree, or equivalent educational experience, as determined by the State agency, with any academic major or area of concentration, and a State-recognized certificate for school nutrition directors; (C) A bachelor's degree in any academic major and at least two years of relevant experience in school nutrition programs; or (D) An associate's degree, or equivalent educational experience, as determined by the State agency, with an academic major or area of concentration in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field and at least two years of relevant school nutrition program experience. Directors hired with an associate's degree are strongly encouraged to work toward attaining a bachelor's degree in an academic major in the fields listed in this paragraph (b)(1)(ii)(D). (iii) School nutrition program directors with local educational agency enrollment of 10,000 or more students. (A) A bachelor's degree, or equivalent educational experience, as determined by the State agency, with an academic major or area of concentration in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field; (B) A bachelor's degree, or equivalent educational experience, as determined by the State agency, with any academic major or area of concentration, and a State-recognized certificate for school nutrition directors; or (C) A bachelor's degree in any major and at least five years of experience in management of school nutrition programs. (D) School food authorities are strongly encouraged to seek out individuals who possess a master's degree or are willing to work toward a master's degree in the fields listed in this paragraph. At least one year of management experience, preferably in school nutrition, is strongly recommended. It is also strongly recommended that directors have at least three credit hours at the university level in food service management and at least three credit hours in nutritional sciences at the time of hire. (iv) Exceptions to the hiring standards. (B) For a local educational agency with 2,500 or more students, the State agency may approve the hire of a director who does not meet the educational criteria in paragraphs (b)(1)(ii)(A) through (D) or paragraphs (b)(1)(iii)(A) through (C) of this section, as applicable, but who has at least 10 years of school nutrition program experience. (C) Acting school nutrition program directors are not required to meet the hiring standards established in this paragraph (b)(1) of this section; however, the State agency may require acting school nutrition program directors expected to serve for more than 30 business days to meet the hiring standards established in established in this paragraph (b)(1). (v) School nutrition program directors for all local educational agency sizes. (2) [Reserved] (c) Continuing education/training standards for all school nutrition program directors. (d) Continuing education/training standards for all school nutrition program managers. (1) Administrative practices (including training in application, certification, verification, meal counting, and meal claiming procedures); (2) The identification of reimbursable meals at the point of service; (3) Nutrition; (4) Health and safety standards; and (5) Any specific topics identified by FNS, as needed, to address Program integrity or other critical issues. (e) Continuing education/training standards for all staff with responsibility for school nutrition programs. (1) Free and reduced price eligibility; (2) Application, certification, and verification procedures; (3) The identification of reimbursable meals at the point of service; (4) Nutrition; (5) Health and safety standards; and (6) Any specific topics identified by FNS, as needed, to address Program integrity or other critical issues. (f) Summary of required minimum continued education/training standards. Table 1 to Paragraph ( f 1 2 School Nutrition Program Directors Each year, at least 12 hours of annual education/training. • Any specific topics required by FNS, as needed, to address Program integrity and other critical issues. This required continuing education/training is in addition to the food safety training required in the first year of employment, or for all school nutrition program directors if determined by the State agency. School Nutrition Program Managers Each year, at least 10 hours of annual education/training. Includes topics such as: • The identification of reimbursable meals at the point of service. School Nutrition Program Staff Each year, at least 6 hours of annual education/training. Includes topics such as: • Nutrition, health, and safety standards. Acting and Temporary Staff, Substitutes, and Volunteers At the discretion of the State agency, acting and temporary staff, substitutes, and volunteers must complete training in one or more of the following topics within 30 calendar days of their start date: • Free and reduced price eligibility. 1 2 (g) Use of food service funds for training costs. (h) School food authority oversight. (1) The school nutrition program director meets the hiring standards and training requirements set forth in paragraph (b) of this section. (2) Each employee has completed the applicable training requirements in paragraphs (c) and (d) of this section no later than the end of each school year. (3) Each employee tasked with Program procurement has completed annual procurement training, as required under § 210.21(h), by the end of each school year. [80 FR 11092, Mar. 2, 2015; 80 FR 26181, May 7, 2015. Redesignated at 81 FR 50169, July 29, 2016 and further redesignated and amended at 81 FR 93792, Dec. 22, 2016; 84 FR 6959, Mar. 1, 2019; 84 FR 8247, Mar. 7, 2019; 88 FR 57848, Aug. 23, 2023; 89 FR 32075, Apr. 25, 2024] § 210.31 Local school wellness policy. (a) General. (b) Definitions. (1) School campus (2) School day (c) Content of the plan. (1) Specific goals for nutrition promotion and education, physical activity, and other school-based activities that promote student wellness. In developing these goals, local educational agencies must review and consider evidence-based strategies and techniques; (2) Standards for all foods and beverages provided, but not sold, to students during the school day on each participating school campus under the jurisdiction of the local educational agency; (3) Standards and nutrition guidelines for all foods and beverages sold to students during the school day on each participating school campus under the jurisdiction of the local educational agency that; (i) Are consistent with applicable requirements set forth under §§ 210.10 and 220.8 of this chapter; (ii) Are consistent with the nutrition standards set forth under § 210.11; (iii) Permit marketing on the school campus during the school day of only those foods and beverages that meet the nutrition standards under § 210.11; and (iv) Promote student health and reduce childhood obesity. (4) Identification of the position of the LEA or school official(s) or school official(s) responsible for the implementation and oversight of the local school wellness policy to ensure each school's compliance with the policy; (5) A description of the manner in which parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public are provided an opportunity to participate in the development, implementation, and periodic review and update of the local school wellness policy; and (6) A description of the plan for measuring the implementation of the local school wellness policy, and for reporting local school wellness policy content and implementation issues to the public, as required in paragraphs (d) and (e) of this section. (d) Public involvement and public notification. (1) Permit parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public to participate in the development, implementation, and periodic review and update of the local school wellness policy; (2) Inform the public about the content and implementation of the local school wellness policy, and make the policy and any updates to the policy available to the public on an annual basis; (3) Inform the public about progress toward meeting the goals of the local school wellness policy and compliance with the local school wellness policy by making the triennial assessment, as required in paragraph (e)(2) of this section, available to the public in an accessible and easily understood manner. (e) Implementation assessments and updates. (1) Designate one or more local educational agency officials or school officials to ensure that each participating school complies with the local school wellness policy; (2) At least once every three years, assess schools' compliance with the local school wellness policy, and make assessment results available to the public. The assessment must measure the implementation of the local school wellness policy, and include: (i) The extent to which schools under the jurisdiction of the local educational agency are in compliance with the local school wellness policy; (ii) The extent to which the local educational agency's local school wellness policy compares to model local school wellness policies; and (iii) A description of the progress made in attaining the goals of the local school wellness policy. (3) Make appropriate updates or modifications to the local school wellness policy, based on the triennial assessment. (f) Recordkeeping requirement. (1) The written local school wellness policy; (2) Documentation demonstrating compliance with community involvement requirements, including requirements to make the local school wellness policy and triennial assessments available to the public as required in paragraph (e) of this section; and (3) Documentation of the triennial assessment of the local school wellness policy for each school under its jurisdiction. [81 FR 51069, July 29, 2016. Redesignated at 81 FR 93792, Dec. 22, 2016] § 210.32 Program information. Persons seeking information about this Program should contact their State administering agency or the appropriate FNSRO. The FNS website has contact information for State agencies at https://www.fns.usda.gov/contacts https://www.fns.usda.gov/fns-regional-offices. [88 FR 57848, Aug. 23, 2023] § 210.33 OMB control numbers. The following control numbers have been assigned to the information collection requirements in 7 CFR part 210 by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980, Public Law 96-511. 7 CFR section where Current OMB control No. 210.3(b) 0584-0067 210.4(b) 0584-0002 210.5(d) 0584-0006; 0584-0002; 0584-0067; 0584-0567 (to be merged with 0584-0006) 210.7 0584-0567 (to be merged with 0584-0006) 210.8 0584-0284; 0584-0006 210.9 0584-0006 210.10 0584-0006; 0584-0494 210.11 0584-0576 (to be merged with 0584-0006) 210.13 0584-0006 210.14 0584-0006 210.15 0584-0006 210.17 0584-0075 210.18 0584-0006 210.19 0584-0006 210.20 0584-0006; 0584-0002; 0584-0067 210.23 0584-0006 [80 FR 11092, Mar. 2, 2015. Redesignated at 81 FR 50169, July 29, 2016] § 210.34 Seamless Summer Option non-congregate meal service. A school food authority operating the Seamless Summer Option in a rural area may be approved to offer a non-congregate meal service consistent with that established in part 225 of this chapter. Such school food authorities must comply with the non-congregate meal service provisions set forth at § 225.16(b)(5)(i) and (iv) of this chapter and may use the non-congregate meal service options contained in § 225.16(i) of this chapter. [88 FR 90347, Dec. 29, 2023] Appendix A to Part 210—Alternate Foods for Meals I. Enriched Macaroni Products with Fortified Protein 1. Schools may utilize the enriched macaroni products with fortified protein defined in paragraph 3 as a food item in meeting the meal requirements of this part under the following terms and conditions: (a) One ounce (28.35 grams) of a dry enriched macaroni product with fortified protein may be used to meet not more than one-half of the meat or meat alternate requirements specified in § 210.10, when served in combination with 1 or more ounces (28.35 grams) of cooked meat, poultry, fish, or cheese. The size of servings of the cooked combination may be adjusted for various age groups. (b) Only enriched macaroni products with fortified protein that bear a label containing substantially the following legend shall be so utilized: “One ounce (28.35 grams) dry weight of this product meets one-half of the meat or meat alternate requirements of lunch or supper of the USDA child nutrition programs when served in combination with 1 or more ounces (28.35 grams) of cooked meat, poultry, fish, or cheese. In those States where State or local law prohibits the wording specified, a legend acceptable to both the State or local authorities and FNS shall be substituted.” (c) Enriched macaroni product may not be used for infants under 1 year of age. 2. Only enriched macaroni products with fortified protein that have been accepted by FNS for use in the USDA Child Nutrition Programs may be labeled as provided in paragraph 1(b) of this appendix. Manufacturers seeking acceptance of their product shall furnish FNS a chemical analysis, the Protein Digestibility-Corrected Amino Acid Score (PDCAAS), and such other pertinent data as may be requested by FNS, except that prior to November 7, 1994, manufacturers may submit protein efficiency ratio analysis in lieu of the PDCAAS. This information is to be forwarded to: Director, Nutrition and Technical Services Division, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, room 607, Alexandria, VA 22302. All laboratory analyses are to be performed by independent or other laboratories acceptable to FNS. (FNS prefers an independent laboratory.) All laboratories shall retain the “raw” laboratory data for a period of 1 year. Such information shall be made available to FNS upon request. Manufacturers must notify FNS if there is a change in the protein portion of their product after the original testing. Manufacturers who report such a change in protein in a previously approved product must submit protein data in accordance with the method specified in this paragraph. 3. The product should not be designed in such a manner that would require it to be classified as a Dietary Supplement as described by the Food and Drug Administration (FDA) in 21 CFR part 105. To be accepted by FNS, enriched macaroni products with fortified protein must conform to the following requirements: (a)(1) Each of these foods is produced by drying formed units of dough made with one or more of the milled wheat ingredients designated in 21 CFR 139.110(a) and 139.138(a), and other ingredients to enable the finished food to meet the protein requirements set out in paragraph 3.(a)(2)(i) under Enriched Macaroni Products with Fortified Protein in this appendix. Edible protein sources, including food grade flours or meals made from nonwheat cereals or from oilseeds, may be used. Vitamin and mineral enrichment nutrients are added to bring the food into conformity with the requirements of paragraph (b) under Enriched Macaroni Products with Fortified Protein in this appendix. Safe and suitable ingredients, as provided for in paragraph (c) under Enriched Macaroni Products with Fortified Protein in this appendix, may be added. The proportion of the milled wheat ingredient is larger than the proportion of any other ingredient used. (2) Each such finished food, when tested by the methods described in the pertinent sections of “Official Methods of Analysis of the AOAC International,” (formerly the Association of Official Analytical Chemists), 15th Ed. (1990) meets the following specifications. This publication is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the AOAC International, 2200 Wilson Blvd., suite 400, Arlington, VA 22201-3301. This publication may be examined at the Food and Nutrition Service, Nutrition and Technical Services Division, 3101 Park Center Drive, room 607, Alexandria, Virginia 22302 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (i) The protein content (N × 6.25) is not less than 20 percent by weight (on a 13 percent moisture basis) as determined by the appropriate method of analysis in the AOAC manual cited in (a)(2) under Enriched Macaroni Products with Fortified Protein in this appendix. The protein quality is not less than 95 percent that of casein as determined on a dry basis by the PDCAAS method as described below: (A) The PDCAAS shall be determined by the methods given in sections 5.4.1, 7.2.1. and 8.0 as described in “Protein Quality Evaluation, Report of the Joint FAO/WHO Expert Consultation on Protein Quality Evaluation,” Rome, 1990, as published by the Food and Agriculture Organization (FAO) of the United Nations/World Health Organization (WHO). This report is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this report may be obtained from the Nutrition and Technical Services Division, Food and Nutrition Service, 3101 Park Center Drive, room 607, Alexandria, Virginia 22302. This report may also be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (B) The standard used for assessing protein quality in the PDCAAS method is the amino acid scoring pattern established by FAO/WHO and United Nations University (UNU) in 1985 for preschool children 2 to 5 years of age which has been adopted by the National Academy of Sciences, Recommended Dietary Allowances (RDA), 1989. (C) To calculate the PDCAAS for an individual food, the test food must be analyzed for proximate analysis and amino acid composition according to AOAC methods. (D) The PDCAAS may be calculated using FDA's limited data base of published true digestibility values (determined using humans and rats). The true digestibility values contained in the WHO/FAO report referenced in paragraph 3.(a)(2)(i)(A) under Enriched Macaroni Products with Fortified Protein in this appendix may also be used. If the digestibility of the protein is not available from these sources it must be determined by a laboratory according to methods in the FAO/WHO report (sections 7.2.1 and 8.0). (E) The most limiting essential amino acid (that is, the amino acid that is present at the lowest level in the test food compared to the standard) is identified in the test food by comparing the levels of individual amino acids in the test food with the 1985 FAO/WHO/UNU pattern of essential amino acids established as a standard for children 2 to 5 years of age. (F) The value of the most limiting amino acid (the ratio of the amino acid in the test food over the amino acid value from the pattern) is multiplied by the percent of digestibility of the protein. The resulting number is the PDCAAS. (G) The PDCAAS of food mixtures must be calculated from data for the amino acid composition and digestibility of the individual components by means of a weighted average procedure. An example for calculating a PDCAAS for a food mixture of varying protein sources is shown in section 8.0 of the FAO/WHO report cited in paragraph 3.(a)(2)(i)(A) under Enriched Macaroni Products with Fortified Protein in this appendix. (H) For the purpose of this regulation, each 100 grams of the product (on a 13 percent moisture basis) must contain protein in amounts which is equivalent to that provided by 20 grams of protein with a quality of not less than 95 percent casein. The equivalent grams of protein required per 100 grams of product (on a 13 percent moisture basis) would be determined by the following equation: X = grams of protein required per 100 grams of product a = 20 grams (amount of protein if casein) b = .95 [95% × 1 (PDCAAS of casein) c = PDCAAS for protein used in formulation (ii) The total solids content is not less than 87 percent by weight as determined by the methods described in the “Official Methods of Analysis of the AOAC International” cited in paragraph (a)(2) under Enriched Macaroni Products with Fortified Protein in this appendix. (b)(1) Each pound of food covered by this section shall contain 5 milligrams of thiamine, 2.2 milligrams of riboflavin, 34 milligrams of niacin or niacinamide, and 16.5 milligrams of iron. (2) Each pound of such food may also contain 625 milligrams of calcium. (3) Only harmless and assimilable forms of iron and calcium may be added. The enrichment nutrients may be added in a harmless carrier used only in a quantity necessary to effect a uniform distribution of the nutrients in the finished food. Reasonable overages, within the limits of good manufacturing practice, may be used to assure that the prescribed levels of the vitamins and mineral(s) in paragraphs (b)(1) and (2) under Enriched Macaroni Products with Fortified Protein in this appendix are maintained throughout the expected shelf life of the food under customary conditions of distribution. (c) Ingredients that serve a useful purpose such as to fortify the protein or facilitate production of the food are the safe and suitable ingredients referred to in paragraph (a) under Enriched Macaroni Products with Fortified Protein in this appendix. This does not include color additives, artificial flavorings, artificial sweeteners, chemical preservatives, or starches. Ingredients deemed suitable for use by this paragraph are added in amounts that are not in excess of those reasonably required to achieve their intended purposes. Ingredients are deemed to be safe if they are not food additives within the meaning of section 201(s) of the Federal Food, Drug and Cosmetic Act, or in case they are food additives if they are used in conformity with regulations established pursuant to section 409 of the act. (d)(1) The name of any food covered by this section is “Enriched Wheat ________ Macaroni Product with Fortified Protein”, the blank being filled in with appropriate word(s) such as “Soy” to show the source of any flours or meals used that were made from non-wheat cereals or from oilseeds. In lieu of the words “Macaroni Product” the words “Macaroni”, “Spaghetti”, or “Vermicelli” as appropriate, may be used if the units conform in shape and size to the requirements of 21 CFR 139.110 (b), (c), or (d). (2) When any ingredient not designated in the part of the name prescribed in paragraph (d)(1) under Enriched Macaroni Products with Fortified Protein in this appendix, is added in such proportion as to contribute 10 percent or more of the quantity of protein contained in the finished food, the name shall include the statement “Made with ________”, the blank being filled in with the name of each such ingredient, e.g. “Made with nonfat milk”. (3) When, in conformity with paragraph (d)(1) or (d)(2) under Enriched Macaroni Products with Fortified Protein in this appendix, two or more ingredients are listed in the name, their designations shall be arranged in descending order of predominance by weight. (4) If a food is made to comply with a section of 21 CFR part 139, but also meets the compositional requirements of the Enriched Macaroni with Fortified Protein Appendix, it may alternatively bear the name set out in the other section. (e) Each ingredient used shall declare its common name as required by the applicable section of 21 CFR part 101. In addition, the ingredients statement shall appear in letters not less than one half the size of that required by 21 CFR 101.105 for the declaration of net quantity of contents, and in no case less than one-sixteenth of an inch in height. II. Alternate Protein Products A. What Are the Criteria for Alternate Protein Products Used in the National School Lunch Program? 1. An alternate protein product used in meals planned under the food-based menu planning approaches in § 210.10(k), must meet all of the criteria in this section. 2. An alternate protein product whether used alone or in combination with meat or other meat alternates must meet the following criteria: a. The alternate protein product must be processed so that some portion of the non-protein constituents of the food is removed. These alternate protein products must be safe and suitable edible products produced from plant or animal sources. b. The biological quality of the protein in the alternate protein product must be at least 80 percent that of casein, determined by performing a Protein Digestibility Corrected Amino Acid Score (PDCAAS). c. The alternate protein product must contain at least 18 percent protein by weight when fully hydrated or formulated. (“When hydrated or formulated” refers to a dry alternate protein product and the amount of water, fat, oil, colors, flavors or any other substances which have been added). d. Manufacturers supplying an alternate protein product to participating schools or institutions must provide documentation that the product meets the criteria in paragraphs A2. a through c of this appendix. e. Manufacturers should provide information on the percent protein contained in the dry alternate protein product and on an as prepared basis. f. For an alternate protein product mix, manufacturers should provide information on: (1) the amount by weight of dry alternate protein product in the package; (2) hydration instructions; and (3) instructions on how to combine the mix with meat or other meat alternates. B. How Are Alternate Protein Products Used in the National School Lunch Program? 1. Schools, institutions, and service institutions may use alternate protein products to fulfill all or part of the meat/meat alternate component discussed in § 210.10. 2. The following terms and conditions apply: a. The alternate protein product may be used alone or in combination with other food ingredients. Examples of combination items are beef patties, beef crumbles, pizza topping, meat loaf, meat sauce, taco filling, burritos, and tuna salad. b. Alternate protein products may be used in the dry form (nonhydrated), partially hydrated or fully hydrated form. The moisture content of the fully hydrated alternate protein product (if prepared from a dry concentrated form) must be such that the mixture will have a minimum of 18 percent protein by weight or equivalent amount for the dry or partially hydrated form (based on the level that would be provided if the product were fully hydrated). C. How Are Commercially Prepared Products Used in the National School Lunch Program? Schools, institutions, and service institutions may use a commercially prepared meat or meat alternate product combined with alternate protein products or use a commercially prepared product that contains only alternate protein products. [51 FR 34874, Sept. 30, 1986; 51 FR 41295, Nov. 14, 1986, as amended at 53 FR 29164, Aug. 2, 1988; 59 FR 51086, Oct. 7, 1994; 60 FR 31216; June 13, 1995; 61 FR 37671, July 19, 1996; 65 FR 12434, Mar. 9, 2000; 65 FR 26912, May 9, 2000; 69 FR 18803, Apr. 9, 2004] Appendix B to Part 210 [Reserved] Appendix C to Part 210—Child Nutrition Labeling Program 1. The Child Nutrition (CN) Labeling Program is a voluntary technical assistance program administered by the Food and Nutrition Service in conjunction with the Food Safety and Inspection Service (FSIS), and Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture, and National Marine Fisheries Service of the U.S. Department of Commerce (USDC) for the Child Nutrition Programs. This program essentially involves the review of a manufacturer's recipe or product formulation to determine the contribution a serving of a commercially prepared product makes toward meal pattern requirements and a review of the CN label statement to ensure its accuracy. CN labeled products must be produced in accordance with all requirements set forth in this rule. 2. Products eligible for CN labels are as follows: (a) Commercially prepared food products that contribute significantly to the meat/meat alternate component of meal pattern requirements of 7 CFR 210.10, 225.20, and 226.20 and are served in the main dish. (b) Juice drinks and juice drink products that contain a minimum of 50 percent full-strength juice by volume. 3. For the purpose of this appendix the following definitions apply: (a) “CN label” is a food product label that contains a CN label statement and CN logo as defined in paragraph 3 (b) and (c) below. (b) The “CN logo” (as shown below) is a distinct border which is used around the edges of a “CN label statement” as defined in paragraph 3(c). (c) The “CN label statement” includes the following: (1) The product identification number (assigned by FNS), (2) The statement of the product's contribution toward meal pattern requirements of 7 CFR 210.10, § 220.8 or § 220.8a, whichever is applicable, §§ 225.20, and 226.20. The statement shall identify the contribution of a specific portion of a meat/meat alternate product toward the meat/meat alternate, bread/bread alternate, and/or vegetable/fruit component of the meal pattern requirements. For juice drinks and juice drink products the statement shall identify their contribution toward the vegetable/fruit component of the meal pattern requirements, (3) Statement specifying that the use of the CN logo and CN statement was authorized by FNS, and (4) The approval date. For example: (d) Federal inspection 4. Food processors or manufacturers may use the CN label statement and CN logo as defined in paragraph 3 (b) and (c) under the following terms and conditions: (a) The CN label must be reviewed and approved at the national level by FNS and appropriate USDA or USDC Federal agency responsible for the inspection of the product. (b) The CN labeled product must be produced under Federal inspection by USDA or USDC. The Federal inspection must be performed in accordance with an approved partial or total quality control program or standards established by the appropriate Federal inspection service. (c) The CN label statement must be printed as an integral part of the product label along with the product name, ingredient listing, the inspection shield or mark for the appropriate inspection program, the establishment number where appropriate, and the manufacturer's or distributor's name and address. The inspection marking for CN labeled non-meat, non-poultry, and non-seafood products with the exception of juice drinks and juice drink products is established as follows: (d) Yields for determining the product's contribution toward meal pattern requirements must be calculated using the Food Buying Guide for Child Nutrition Programs 5. In the event a company uses the CN logo and CN label statement inappropriately, the company will be directed to discontinue the use of the logo and statement and the matter will be referred to the appropriate agency for action to be taken against the company. 6. Products that bear a CN label statement as set forth in paragraph 3(c) carry a warranty. This means that if a food service authority participating in the Child Nutrition Programs purchases a CN labeled product and uses it in accordance with the manufacturer's directions, the school or institution will not have an audit claim filed against it for the CN labeled product for noncompliance with the meal pattern requirements of 7 CFR 210.10, § 220.8 or § 220.8a, whichever is applicable, §§ 225.20, and 226.20. If a State or Federal auditor finds that a product that is CN labeled does not actually meet the meal pattern requirements claimed on the label, the auditor will report this finding to FNS. FNS will prepare a report of the findings and send it to the appropriate divisions of FSIS and AMS of the USDA, National Marine Fisheries Services of the USDC, Food and Drug Administration, or the Department of Justice for action against the company. Any or all of the following courses of action may be taken: (a) The company's CN label may be revoked for a specific period of time; (b) The appropriate agency may pursue a misbranding or mislabeling action against the company producing the product; (c) The company's name will be circulated to regional FNS offices; (d) FNS will require the food service program involved to notify the State agency of the labeling violation. 7. FNS is authorized to issue operational policies, procedures, and instructions for the CN Labeling Program. To apply for a CN label and to obtain additional information on CN label application procedures write to: CN Labels, U.S. Department of Agriculture, Food and Nutrition Service, Nutrition and Technical Services Division, 3101 Park Center Drive, Alexandria, Virginia 22302. [51 FR 34874, Sept. 30, 1986, as amended at 53 FR 29164, Aug. 2, 1988; 60 FR 31216, June 13, 1995; 65 FR 26912, May 9, 2000]

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