Skip to main content
California Department of Education Logo

Competitive Foods: Serving Second Meals in the SNP


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.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Wednesday, July 15, 2020
Related Content
  • Child Nutrition Programs Course Catalog
    A catalog of online training courses for program operators participating in the Child Nutrition Programs.
  • Competitive Foods and Beverages
    Information on competitive foods and beverages including definitions, background, compliance, resources, policy guidance, and frequently asked questions for sponsors participating in the National School Lunch Program or School Breakfast Program.
  • Healthy Eating & Nutrition Education
    Information about improving nutrition and establishing healthy eating habits in school, child care, adult and after school settings.
  • School Nutrition
    Meal and milk programs offered at public and private non-profit schools and residential child care institutions.
  • School Nutrition Programs Management Bulletins
    School Nutrition Programs (SNP) management bulletins for sponsors of the National School Lunch Program, School Breakfast Program, Special Milk Program, and State Meal Program.
Recently Posted in Nutrition
  • COVID-19 Guidance in the Child Nutrition Programs (added 22-Oct-2020)
    Provides background information, policy waivers, guidance, claiming and reimbursements requirements, resources, FAQs, and state agency contacts for program sponsors operating the Child Nutrition Programs during the COVID-19 pandemic.
  • CNP COVID-19 Frequently Asked Questions (added 22-Oct-2020)
    Provides Frequently Asked Questions (FAQ) for program operators of the Child Nutrition Programs (CNP) during the COVID-19 pandemic.
  • CNP COVID-19 Policy Guidance (added 22-Oct-2020)
    Provides federal and state waivers and policy guidance for program operators of the Child Nutrition Programs (CNP) during the COVID-19 pandemic.
  • Feeding Adults, Children, and Infants in the CACFP (added 21-Oct-2020)
    The California Department of Education is pleased to share the following new Child and Adult Care Food Program (CACFP) resources from the U.S. Department of Agriculture (USDA) Team Nutrition (TN).
  • Federal Approval of Major Disaster Declaration (added 21-Oct-2020)
    On October 16, 2020, Governor Gavin Newsom announced that the President has approved California’s request for a Major Disaster Declaration to bolster the state’s emergency response to wildfires across the state and support impacted residents.

  • 2020–21 Seamless Summer Site Application Updates (added 19-Oct-2020)
    On Friday, October 9, 2020, the U.S. Department of Agriculture announced the extension of twelve Nationwide COVID-19 waivers. The CDE NSD recognizes that these extensions will require SFAs to once again update SNP site applications in CNIPS.
  • USDA Q&As Relating to the Nationwide Waiver (added 19-Oct-2020)
    On October 14, 2020, the USDA issued Policy Memorandum SP 01-2021, CACFP 01-2021, SFSP 01-2021: Q&As Relating to the Nationwide Waiver to Allow SFSP and SSO Operations through School Year 2020–2021 – EXTENSION – Q&As #2.
  • Legislative Update – Assembly Bill 827 (added 14-Oct-2020)
    Assembly Bill 827 updates mandatory commercial recycling (AB 341) and mandatory organics recycling (AB 1826) requirements regarding student and staff access to recycling bins and organics recycling bins.
  • Public Safety Power Shutoff Event October 14, 2020 (added 14-Oct-2020)
    On October 13, 2020 PG&E announced that public safety power shutoffs are under consideration due to extreme weather and fire danger. If these conditions persist, PG&E may need to turn off power to local customers for safety.
  • Extension of COVID-19 Meal Service Waivers (added 09-Oct-2020)
    The CDE NSD is pleased to announce that the USDA has extended twelve nationwide COVID-19 waivers. These waivers extend existing flexibilities through June 30, 2021.