Nutrition Services Division Management Bulletin |
|||
|
Action Required |
|
|
| To: School Nutrition Program Sponsors |
Number: USDA-SNP-03-2007 |
||
| Attention: Food Service Director, Executive Director, Business Official |
Date: December 2007 |
||
| Subject: Fiscal Action in School Meals Initiative Reviews |
|||
| Reference: United States Department of Agriculture Reviewers Guide to School Meal Initiative, Title 7, Code of Federal Regulations, sections 210.19, 210.19(a)(1)(vii), 210.19(c)(1), and 210.24 | |||
This Management Bulletin (MB) provides information regarding School Meals Initiative (SMI) requirements and the potential for taking fiscal action for noncompliance.
Background
The Healthy Meals for Healthy Americans Act of 1994 amended the National School Lunch Act and Child Nutrition Act to require that meals served under the National School Lunch Program (NSLP) and School Breakfast Program (SBP) meet the Dietary Guidelines for Americans. In 1995, the Food and Nutrition Services (FNS) of the United States Department of Agriculture (USDA) issued regulations for the statutory requirements. These regulations, the School Meals Initiative (SMI) for Healthy Children, define how Dietary Guidelines for Americans and other nutrition standards apply to school meals.
Compliance Reviews
Title 7 Code of Federal Regulations (7 CFR) parts 210 and 220, require the CDE to conduct SMI reviews in order to ensure that School Food Authority (SFA) meals meet nutrition standards and that SFAs receive the appropriate technical assistance. Specifically, at least once during each five-year review cycle, the California Department of Education (CDE) must conduct evaluations of compliance with the nutrition standards required in 7 CFR sections 210.10 and 220.8 [as prescribed in 7 CFR 210.19 (a)(1)(I)]. Please note that:
- If using the Food Based Menu Planning Approach, SFAs must submit all requested information to the CDE by the required timeframe, so that the CDE can conduct a nutrient analysis [reference 7 CFR 210.19 (iv)] and determine the SFA’s compliance with these regulations.
- If using the Nutrient Standard or Assisted Nutrient Standard Menu Planning Approach, SFAs must submit a nutrient analysis and backup documentation on all established grade or age groups of the SFA, so that the CDE can assess the accuracy of nutrient analysis [reference 7 CFR 210.19 (iii)] and determine the SFA’s compliance with these regulations.
- If the menu fails to comply with the nutrition standards, the SFA must develop, with the assistance and concurrence of the CDE, a corrective action plan (CAP), which includes time frames to rectify those deficiencies [7 CFR 210.19 (a) (1) (v)].
- SFAs must meet the terms of the CAP. If the terms of the CAP are not met, the CDE will determine if the SFA is working in good faith toward compliance, and if so possibly renegotiate the CAP and the timeframe [reference 7 CFR 210.19 (a)(1)(vii)].
Failure of the SFA to adhere to the SMI requirements, serve reimbursable meals, demonstrate improvements from the previous SMI review, and to take corrective action to meet the goals of the SMI can result in the CDE taking fiscal action.
Fiscal action can be:
- Withholding meal reimbursement [7 CFR Section 210.24]: The CDE may withhold Program payments, in whole or in part, from any SFA which has failed to comply with regulations or with FNS guidelines and instructions. The CDE will withhold Program payments until the SFA takes corrective action satisfactory to the CDE.
- Disallowing meal reimbursement [7 CFR Section 210.19(c)]: Federal regulations require that the CDE disallow reimbursement for claims not properly payable according to regulations. The CDE may also disallow funds for failure to take corrective action in accordance with regulations.
Resources
- The Road to SMI Success – A Guide for School Food Service Directors
http://www.fns.usda.gov/tn/resources/roadtosuccess.html (Outside Source) - Nutrient Analysis Protocols – How to Analyze Menus for USDA School Meal Programs
http://www.fns.usda.gov/tn/resources/nutrientanalysis.html (Outside Source) - School Meal Initiative (SMI) Menu Planning Options
http://www.cde.ca.gov/ls/nu/he/smiresources.asp - Team Nutrition Resource Library
http://teamnutrition.usda.gov (Outside Source) - Menu Planning for Healthy School Meal s
http://teamnutrition.usda.gov/resources/menuplanner.html (Outside Source) - SMI Frequently Asked Questions Resource – 09-2006 Memo and FAQ
http://www.fns.usda.gov/cnd/governance/policy.htm (Outside Source) - List of USDA Approved Software
http://healthymeals.nal.usda.gov (Outside Source)
If you have any questions regarding this MB, please contact your local Nutrition Services Division Field Services Child Nutrition Consultant directly for assistance, or you may call 800-952-5609 or 916-445-0850 to request their contact information.
