Cherokee Nation
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DATE: | July 31, 2015 | |
POLICY MEMO: | SP42 CACFP19 SFSP21-2015 | |
SUBJECT: | Service of Traditional Foods in Public Facilities | |
TO: | Regional Directors Special Nutrition Programs All Regions | State Directors Child Nutrition Programs All States |
Section 4033 of the Agricultural Act of 2014 (PL 113-79) (Farm Bill) directs the U.S. Department of Agriculture (USDA) and the Food and Drug Administration to allow the donation to and serving of traditional food through food service programs at public facilities and nonprofit facilities, including those operated by Indian tribes and facilities operated by tribal organizations, that primarily serve Indians. While this provision affects other food service programs this memorandum is intended to provide guidance relating to this provision for schools and institutions operating the USDA child nutrition programs.
This provision of the Farm Bill was effective upon enactment in February 2014. We are providing basic information at this time to ensure that program operators may use it effectively as part of the USDA child nutrition programs. Please note, under this Farm Bill provision, donated traditional foods are not considered USDA Foods.
This provision only applies to food service programs at public facilities and nonprofit facilities, including those operated by Indian tribes and tribal organizations that primarily serve Indians. This would include the USDA school meal programs, Child and Adult Care Food Program, and Summer Food Service Program. This provision does not apply to the Food Distribution Program on Indian Reservations.
The Farm Bill defines traditional food for this purpose as “food that has traditionally been prepared and consumed by an Indian tribe” and specifically includes in that definition:
As noted above, the USDA child nutrition programs administered by stakeholders in various settings are food service programs eligible to accept and serve traditional food. Those include:
The Farm Bill provision requires that program operators that choose to accept the donation of traditional food must:
Yes. However, while many traditional foods can certainly be purchased and served as part of a program meal service, purchased traditional foods are not covered under this provision. Section 4033 of the Farm Bill only applies to donated traditional foods that a program operator chooses to accept.
Generally, federal law preempts any state or local laws which might present a barrier to implementation of Farm Bill provisions. However, Section 4033(c)(7) of the Farm Bill specifically states that program operators choosing to accept donated traditional foods must “follow federal, state, local, county, Tribal, or other non-federal law regarding the safe preparation and service of food in public or nonprofit facilities….” Therefore, states may establish additional standards for donated traditional foods.
Traditional food donations made under this provision are accepted under the child nutrition programs. The FBG currently includes a footnote which clarifies that game meat must be USDA inspected to be used as part of reimbursable meals served in the child nutrition programs. The FBG footnote will be amended to reflect that donated game served by certain program operators which primarily serve Indians is creditable.
The types of foodservice establishments addressed in Section 4033 are likely to be regulated by state, local or Tribal regulatory agencies, which have specific legal authorities in this area. FDA publishes the Food Code, a model that assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry (restaurants and grocery stores and institutions such as schools and nursing homes). Local, state, and Tribal regulators use the FDA Food Code as a model to develop or update their own food safety statutes and regulations for retail and foodservice operations and to be consistent with national food regulatory policy. This federal provision maintains that foodservice establishments must follow federal, state, local, county, Tribal, or other non-federal law regarding the safe preparation and service of food in public or nonprofit facilities.
State agencies are reminded to distribute this memorandum to program operators immediately. Local educational agencies, school food authorities, and other program operators should direct any questions concerning this guidance to their state agency. State agencies with questions should contact the appropriate FNS regional office and FDA offices.
Angela Kline
Director
Policy and Program Development Division
Child Nutrition Programs
The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.