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 Food and Beverage team by email at CompetitiveFoods@cde.ca.gov.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Wednesday, May 1, 2019
Related Content
  • 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.
  • 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
  • Summer Food Service Program Information (updated 15-Jan-2020)
    Administrative and operational information and guidance for organizations that participate in the program.
  • Earned Income Tax Credit Information Act (added 10-Jan-2020)
    The California Revenue and Taxation Code (RTC) Section 19853(b) requires local educational agencies (LEA) that operate the National School Lunch Program to annually notify households about the Earned Income Tax Credit (EITC) Information Act.
  • 2021 SBP and SMP Grants Available! (added 10-Jan-2020)
    The California Department of Education (CDE) Nutrition Services Division is sending this message to announce the availability of School Year 2020–21 School Breakfast Program (SBP) and Summer Meal Programs (SMP) Start-up and Expansion Grants.
  • Proposition 12 Public Comment Period (added 10-Jan-2020)
    California Department of Food and Agriculture’s (CDFA) open comment period regarding the draft regulation for Proposition 12, the Farm Animal Confinement Initiative.
  • New USDA Justice for All Posters Now Available (added 10-Jan-2020)
    The new U.S. Department of Agriculture’s (USDA) And Justice for All posters have arrived.

  • Overview: Competitive Food and Beverage Rules (added 03-Jan-2020)
    The School Nutrition Programs Overview, Definitions, and Resources: Competitive Food and Beverage Rules online training.
  • Community Eligibility Provision - Upcoming Review (added 03-Jan-2020)
    The purpose of this notice is to inform you that we will be conducting an off-site validation review of the identified student percentage (ISP) that was established upon approval for your participation in the CEP.
  • CNAC Member Recruitment 2020 (added 03-Jan-2020)
    The State Superintendent of Public Instruction (SSPI) Child Nutrition Advisory Council (CNAC) is currently recruiting.
  • School Nutrition Success Workshops December 2019 (added 03-Jan-2020)
    Register today to participate in a Team Up for School Nutrition Success (Team Up) workshop.
  • CACFP Ounce Equivalents for Grains Worksheet (added 03-Jan-2020)
    To help program operators transition to the use of ounce equivalents, the USDA Food and Nutrition Service (FNS) has released the Using Ounce Equivalents for Grains in the Child and Adult Care Food Program (CACFP) worksheet.