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Buy American


Nutrition Services Division

To: School Nutrition Program Sponsors

Number: 02-119

Attention: Food Service Director

Date: December 2002

Subject: Buy American

Reference: United States Department of Agriculture SP Policy Memo 01-12 and SP Policy Memo 02-12; William F. Goodling Child Nutrition Reauthorization Act of 1998, Section 204(d); 7 CFR Sections 210.21(d) and 220.16(d)

This Management Bulletin provides information on the Buy American provision in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) regulations [7 Code of Federal Regulations (CFR) Sections 210.21(d) and 220.16(d)]. The Buy American provision requires participants to purchase, to the maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP. A domestic commodity or product is one that is produced and processed in the United States substantially using agricultural commodities that are produced in the United States. “Substantially using” means over 51 percent of the final processed product consists of agricultural commodities that were grown domestically.

Regulations effective September 20, 1999, implemented the Buy American provision, which plays an important role in stabilizing the American agricultural economy. It is essential that schools comply with the Buy American provision, include the Buy American requirement in bid specifications, remind vendors and distributors of the requirement, and examine product packaging for country of origin.

This provision applies to all funds in the food service account and not just to the federal reimbursement.

Please share this information with your district/agency management and business personnel.

Questions:   School Nutrition Programs Unit | 800-952-5609
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