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Adult and Sibling Meals

Nutrition Services Division Management Bulletin

To: Sponsors of the National School Lunch Program, County Superintendents of Schools, Diocesan Superintendents of Schools

Number: 00-111

Attention: Food Service Directors

Date: July 2000

From: School Nutrition Programs

Subject: Adult and Sibling Meals in the National School Lunch and School Breakfast Programs

Reference: California Education Code Section (ECS) 38082; School Nutrition Programs Guidance Manual, Sections 2340, 3340, 11500 through 11560; Title 7 Code of Federal Regulations (7 CFR) Part 210

This Management Bulletin addresses the issue of adults and siblings eating meals provided under the National School Lunch Program (NSLP) and School Breakfast Program (SBP).

California Education Code Section (ECS) 38082 states:

"Food shall not be sold at any cafeteria operated by a school district to anyone except pupils and employees of any school district, members of the governing board thereof, and members or employees of the fund or association maintaining the cafeteria; provided, however, that nothing herein contained shall prohibit the use of the cafeteria facilities by any work or harvest camp maintained by or within the district, and by persons entitled to use the school under the Civic Center Act; and provided further, that the governing board of any school district operating a cafeteria may exempt by formal resolution of the board other individuals and organizations from the operation of this section including senior citizens participating in any program conducted pursuant to Chapter 6 (commencing with Section 9500) of Division 8.5 of the Welfare and Institutions Code."

In order for a school food authority (SFA) to provide meals for any persons other than those specified in ECS 38082, the school board must adopt a policy specifically stating the means for serving those other persons. Moreover, the cost of meals served to non-students may not be subsidized by federal or state reimbursements, children's payments, other nonprofit food service revenues, or United States Department of Agriculture (USDA) commodities. Refer to your School Nutrition Programs Guidance Manual, Sections 2340 and 3340 (Adult Meal Pricing) for guidance on setting prices for adult meals.

Guidance from USDA has made it clear that for any adult, or any child not enrolled in the school, to eat from a child's plate is contrary to the intent of the National School Lunch Act and the Child Nutrition Act of 1966. Title 7 of the Code of Federal Regulations for the NSLP and SBP details the provisions of the National School Lunch Act and the Child Nutrition Act of 1966. These acts are clearly intended to provide nutritious meals to our nation's children. Therefore, SFAs are reminded to make every effort to ensure that meals served in their programs are consumed only by the children for whom they were intended.

A reimbursable meal must be served and consumed only on school grounds or other school approved and supervised premises. Refer to Sections 11500 - 11560 of your School Nutrition Programs Guidance Manual for additional information related to specific approved instances of off-site consumption of meals and special meal situations. [Note: the preceding sentence is no longer valid.]

Questions:   School Nutrition Programs Unit | 800-952-5609
Last Reviewed: Monday, April 3, 2017
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