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3551 AR Administrative Regulation

Food Service Operations/Cafeteria Fund

Payments for Meals The Superintendent or designee shall maintain a system for accurately recording payments received and tracking meals provided to each student. At the beginning of the school year, the Superintendent or designee shall communicate the district's meal payment policies through multiple methods, including, but not limited to: 1. Explaining the meal charge policy within registration materials provided to parents/guardians at the start of the school year 2. Including the policy in print versions of student handbooks, if provided to parents/guardians annually 3. Providing the policy whenever parents/guardians are notified regarding the application process for free and reduced-price meals, such as in the distribution of eligibility forms at the start of the school year 4. Posting the policy on the district's website Reimbursement Claims The Superintendent or designee shall maintain records of the number of meals served each day by school site and by category of free and reduced-price meals. The Superintendent or designee shall submit reimbursement claims for school meals to the California Department of Education (CDE) using the online Child Nutrition Information and Payment System. Minimizing Food Waste and Reducing Food Insecurity The District shall take steps to minimize food waste and reduce food insecurity in district schools. (Health and Safety Code 114079) The Superintendent or designee shall arrange to recover the maximum amount of edible food that would otherwise be disposed for donation to a local food recovery organization. (14 CCR 18991.3) The district may also provide sharing tables where students and staff may return appropriate unused cafeteria food items to be made available to students during the course of a regular school meal time. If food on the sharing tables is not taken by a student, the school cafeteria may donate the food to a food bank or any other nonprofit charitable organization. (Health and Safety Code 114079) Food that may be donated includes prepackaged, nonpotentially hazardous food with the packaging still intact and in good condition, whole uncut produce that complies with Health and Safety Code 113992, unopened bags of sliced fruit, unopened containers of milk that are immediately stored in a cooling bin maintained at 41 degrees Fahrenheit or below, and perishable prepackaged food if it is placed in a proper temperature-controlled environment. The preparation, safety, and donation of food shall be consistent with Health and Safety Code 113980. (Health and Safety Code 114079) The Superintendent or designee shall maintain records related to edible food recovery including a list of each food recovery service or organization that collects or receives the district's edible food, contact information for the service or organization, the types of food, frequency, and quantity that will be collected or hauled by the district, and a copy of contracts or written agreements between the district and food recovery services or organizations. (14 CCR 18991.4) Cafeteria Fund and Account All proceeds from food sales and other services offered by the cafeteria shall be deposited in the cafeteria fund as provided by law. (Education Code 38090, 38093) The cafeteria fund shall be used only for those expenditures authorized by the Governing Board as necessary for the operation of school cafeterias in accordance with Education Code 38100-38103, 2 CFR Part 200 Appendix VII, and the California School Accounting Manual. The district may use cafeteria funds to supplement the provision of a nutritionally adequate breakfast and/or lunch to district students when permitted by law. Any charges to, or transfers from, a food service program shall be dated and accompanied by a written explanation of the purpose of and basis for the expenditure. (Education Code 38101) Indirect costs charged to the food service program shall be based on either the district's prior year indirect cost rate as approved by CDE or the statewide average approved indirect cost rate for the second prior fiscal year, whichever is less. (Education Code 38101) Net cash resources in the nonprofit school food service shall not exceed six months' average expenditures. (7 CFR 210.14, 220.7) U.S. Department of Agriculture Foods The district shall provide facilities for the storage and control of foods received through the U.S. Department of Agriculture (USDA) that protect against theft, spoilage, damage, or other loss. Such storage facilities shall maintain donated foods in sanitary conditions, at the proper temperature and humidity, and with adequate air circulation. The district shall comply with all federal, state, or local requirements related to food safety and health and procedures for responding to a food recall, as applicable, and shall obtain all required health inspections. (7 CFR 250.14) The Superintendent or designee shall maintain inventories of USDA foods in accordance with 7 CFR 250.59 and CDE procedures, and shall ensure that foods are used before their expiration dates. USDA donated foods shall be used in school lunches as far as practicable. USDA foods also may be used in other nonprofit food service activities, including, but not limited to, school breakfasts or other meals, a la carte foods sold to students, meals served to adults directly involved in the operation and administration of the food service and to other school staff, and training in nutrition, health, food service, or general home economics instruction for students, provided that any revenues from such activities accrue to the district's nonprofit food service account. (7 CFR 250.59) Contracts with Outside Services The term of any contract for food service management or consulting services shall not exceed one year. Any renewal of the contract or further requests for proposals to provide such services shall be considered on a year-to-year basis. (Education Code 45103.5; 7 CFR 210.16) Any contract for management of the food service operation shall be approved by CDE and comply with the conditions in Education Code 49554 and 7 CFR 210.16 as applicable. The district shall retain control of the quality, extent, and general nature of its food services. (Education Code 49554; 42 USC 1758; 7 CFR 210.16) Any contract for consulting services shall not result in the supervision of food service classified staff by the management consultant, nor shall it result in the elimination of any food service classified staff or position or have any adverse effect on the wages, benefits, or other terms and conditions of employment of classified food service staff or positions. All persons providing consulting services shall be subject to applicable employment conditions related to health and safety as listed in Education Code 45103.5. (Education Code 45103.5)

Legal & Management References

State
12 CCR 18928-18998.4 - Short-lived climate pollutants
5 CCR 15550-15565 - School lunch and breakfast programs
Ed. Code 38080-38086 - School meals
Ed. Code 38090-38095 - Cafeterias; funds and accounts
Ed. Code 38100-38103 - Cafeterias; allocation of charges
Ed. Code 42646 - Alternate payroll procedure
Ed. Code 45103.5 - Contracts for management consulting services; restrictions
Ed. Code 49010 - Educational activity; definition
Ed. Code 49431 - The Pupil Nutrition, Health, and Achievement Act of 2001
Ed. Code 49490-49494 - School breakfast and lunch programs
Ed. Code 49501.5-49506 - School Meals
Ed. Code 49550.3-49562 - Meals for needy students
Ed. Code 49554 - Contract for services
Ed. Code 49580-49581 - Food recovery program
F&A Code 58595 - Preference for California-grown agricultural products
F&A Code 58596.1-58596.5 - Buy American Food Act; purchase of nondomestic agricultural food products
H&S Code 113700-114437 - California Retail Food Code; sanitation and safety requirements
Pub. Cont. Code 2000-2002 - Responsive bidders
Pub. Cont. Code 20111 - Contracts over $50,000; contracts for construction; award to lowest responsible bidder
Pub. Cont. Code 3410 - U.S. produce and processed foods
Federal
2 CFR 200 - Appendix VII Indirect cost proposals
2 CFR 200.318-200.326 - Procurement standards
2 CFR 200.400-200.475 - Cost principles
2 CFR 200.56 - Indirect costs; definition
42 USC 1751-1769j - School Lunch Program
42 USC 1771-1793 - Child Nutrition Act
42 USC 1773 - School Breakfast Program
7 CFR 210.1-210.33 - National School Lunch Program
7 CFR 245.8 - Nondiscrimination practices for students eligible for free and reduced price meal and free milk
7 CFR 250.1-250.70 - USDA foods
Management Resources
CA Dept of Social Services Publication - Food Distribution Program Administrative Manual
California Department of Education Publication - Professional Standards in the SNPs, NSD Management Bulletin, SNP-13-2020, rev. January 2022
California Department of Education Publication - Food Service Management Company Contract Preapproval, NSD Management Bulletin, SNP-05-2023, March 2023
California Department of Education Publication - Unpaid Meal Charges: Local Meal Charge Policies, Clarification on Collection of Delinquent Meal Payments, and Excess Student Account Balances, NSD Management Bulletin, SNP-04-2023, July 2023
California Department of Education Publication - Excess Net Cash Resources – Revised to Increase Limitation, NSD Management Bulletin, SNP-04-2022, May 2022
California Department of Education Publication - Pricing of Adult Meals in the National School Lunch and School Breakfast Programs, NSD Management Bulletin, SNP-04-2021, August 2021
California Department of Education Publication - Procuring and Monitoring of Food Service Management Contracts, NSD Management Bulletin, SNP-13-2015, January 2015
California Department of Education Publication - Cafeteria Funds - Allowable Uses, NSD Management Bulletin, SNP-05-2020, February 2020
California Department of Education Publication - Storage and Inventory Management of U.S. Department of Agriculture Foods, NSD Management Bulletin, FDP-01-2018, January 2018
California Department of Education Publication - California School Accounting Manual
U.S. Department of Agriculture Publication - Buy American and the Agriculture Improvement Act of 2018, SP-32-2019, August 2019
U.S. Department of Agriculture Publication - Procuring Local Foods for Child Nutrition Programs, January 2022
U.S. Department of Agriculture Publication - Unpaid Meal Charges: Local Meal Charge Policies, SP 46-2016, July 2016
U.S. Department of Agriculture Publication - Indirect Costs: Guidance for State Agencies and School Food Authorities, SP 60-2016, September 2016
U.S. Department of Agriculture Publication - Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program, SP-38-2017, June 2017
U.S. Department of Agriculture Publication - Discretionary Elimination of Reduced Price Charges in the School Meal Programs, SP 17-2014, January 2014
Website - CalRecycle, Resources for Local Education Agencies: K-12 Public Schools and School Districts
Website - California Department of Education, Accounting
Website - CSBA District and County Office of Education Legal Services
Website - U.S. Department of Agriculture, Food and Nutrition Service
Website - California Department of Social Services
Website - California Department of Education, School Nutrition
Website - California School Nutrition Association

Cross References