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Compliance with Senate Bill 80


Nutrition Services Division Management Bulletin
Purpose: Policy, Action Required

To: Public School Districts, Charter Schools, and County Offices of Education

Number: NSD-SNP-04-2008

Attention: Food Service Directors, Business Officials

Date: June 2008

Subject: Compliance with Senate Bill 80 Regarding School Meal Programs; Mandatory Certification to Receive State Meal Reimbursement

Reference: California Education Code sections 49430.5 and 49430.7

This Management Bulletin (MB) provides guidance for school districts, charter schools, and county offices of education (COEs) regarding compliance with Senate Bill (SB) 80 and its nutrition requirements related to State Meal reimbursement. This new law places restrictions on foods that are fried or contain artificial trans fats.

The new standards align with the 2005 Dietary Guidelines for Americans (DGA), which recommend keeping total fat intake between 20 to 35 percent of total calories, with most fats coming from sources of polyunsaturated and monounsaturated fatty acids, such as fish, nuts, and vegetable oils. The DGA also recommends consuming less than 10 percent of calories from saturated fatty acids and keeping trans fatty acid consumption as low as possible. 

As a condition of receiving state meal reimbursement, SB 80 requires school districts, charter schools, and COEs to provide the California Department of Education (CDE) a one-time an annual certification of compliance with the new nutrition requirements by no later than June 30, 2008. This mandatory certification is required to continue receiving State Meal reimbursement.

Compliance with SB 80 in the Free and Reduced-Price Meal Programs

California Education Code (EC) Section 49430.7, which was added by SB 80 (Chapter 174, Statutes of 2007), requires that school districts, charter schools, and COEs participating in the National School Lunch Program (NSLP) or School Breakfast Program (SBP) provide a one-time certification complete an annual certification to CDE that they comply with the new nutritional standards, in order to receive State Meal reimbursement funds. These new standards impose restrictions on the use of fats, e.g., no food items that are a part of a reimbursable meal can be deep fried, par fried, or flash fried by the district, or contain artificial trans fats. (Child Development centers operated by any of these agencies or by community college districts are encouraged, but not required, to follow the same standards. They do not need to provide a certification.)

Mandatory Certification to Receive State Meal Reimbursement

Attached to this MB is the mandatory certification form that school districts, charter schools, and COEs must complete in order to certify their compliance with EC Section 49430.7. The form specifies in detail the nutrition standards that the new law requires as a condition of receiving State Meal reimbursement.

Non-compliance with the Mandatory Certification

If a school district, charter school, or COE participating in the NSLP or SBP does not certify its compliance with the new nutrition requirements by June 30, 2008 annually, it will receive no State Meal reimbursement on or after July 1, 2008. Thus, in order to receive any amount of State Meal reimbursement, an agency must comply with the new nutrition standards set forth by SB 80.

All school districts, charter schools, and COEs participating in the NSLP or SBP that wish to receive State Meal reimbursement in 2008-09 must complete the attached certification form annually in the CNIPS. The form is completed during the June-October annual Renewal Process for existing agencies/schools. New agencies/schools complete the form during the initial application process. Return the form with an original signature via U.S. mail postmarked by June 30, 2008 to:

School Nutrition Programs Unit
Nutrition Services Division
California Department of Education
1430 N Street, Suite 4503
Sacramento, CA 95814

The CDE will not recoup State Meal reimbursement funds for 2007-08 from agencies who do not certify compliance. However, the CDE will not distribute State Meal reimbursement funds to such agencies in 2008-09 or subsequent years, until they certify compliance. Eligibility for State Meal reimbursement funds will start on the first day of the month for which a district, charter school or COE official certifies compliance. The certification must also be received and reviewed by the CDE to receive State Meal reimbursement funds.

Additional Information

If you have any questions regarding this MB, please contact your School Nutrition Program Specialist by phone at 800-952-5609 or 916-445-0850.

Attachment
Note: The certification form is now located and completed in the Child Nutrition Information and Payment System (CNIPS).

Questions:   Nutrition Services Division | 800-952-5609
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