Nutrition Services Division Management Bulletin
Purpose: Policy, Beneficial Information
To: National School Lunch and School Breakfast Program Sponsors
Attention: County and District Superintendents, Chief Business Officials, and Food Service Directors
Number: SNP-06-2019
Date: April 2019
Reference: Title 7, Code of Federal Regulations (7 CFR), sections 210.10, 210.11, 220.8, and 220.9; California Education Code (EC) Section 49430
Subject: Second Meals in the School Nutrition Programs Count as Competitive Foods and Beverages
This management bulletin provides information about school food authorities (SFA) selling second meals to students.
Reimbursable Meals Provided in the School Nutrition Programs
Sections 210.10 and 220.8 of 7 CFR provides requirements for allowable meal components that, when assembled and provided as directed by the U.S. Department of Agriculture (USDA), result in a reimbursable meal—i.e., the SFA receives reimbursement for a meal that meets the USDA meal pattern.
Second Meals are Considered Competitive Foods
Schools, however, may offer to sell a student a complete second meal. While this second meal may meet the USDA meal pattern requirements, the SFA is prohibited from receiving USDA reimbursement. According to the USDA regulations, an SFA can only receive reimbursement from the first meal a student receives each day, on each school campus, in each respective meal program offered.
Section 210.11 of 7 CFR and EC Section 49430 define competitive foods as “all food and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 available for sale to students on the school campus during the school day.”
Therefore, each individual component of a second meal sold to a student is considered a competitive food and is subject to the competitive food rules.
Second Meals are Considered Nonprogram Foods
SFAs are reminded that nonreimbursable meals provided to students are considered nonprogram foods and shall be treated accordingly.
Contact Information
If you have questions regarding revenue from nonprogram foods, please visit the California Department of Education website at https://www.cde.ca.gov and search for the term nonprogram foods, or email the CDE Nutrition Services Division School Nutrition Program (SNP) Café Fund team at SNPCafeFundQuestions@cde.ca.gov.
If you have questions regarding competitive food requirements, please contact the Competitive Foods and Beverages team by email at CompetitiveFoods@cde.ca.gov.