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"code": "3551",
"title": "Food Service Operations/Cafeteria Fund",
"type": "BP",
"section": "3000",
"lastRevised": "11/19/2025",
"lastReviewed": "11/19/2025",
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"contentHtml": "\n\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\n\nThe Governing Board intends that school food services shall be a self-supporting, nonprofit program. To ensure program quality and cost effectiveness, the Superintendent or designee shall centralize and direct the purchasing of foods and supplies, the planning of menus, and the auditing of all food service accounts for the district. \n \nAt the Governing Board's discretion, district funds other than the cafeteria fund may be used for the purchase of school meals. \n \nThe Superintendent or designee shall ensure that food service director(s) possess the qualifications required by 7 CFR 210.30 and California Department of Education (CDE) standards. \n \nAt least once each year, food service administrators, other appropriate personnel who conduct or oversee administrative procedures, and other food service personnel shall receive training provided by CDE. (42 USC 1776) \n \nMeal Sales \n \nEach school day, a nutritionally adequate breakfast and lunch shall be made available at no cost to any student who requests a meal, including a student enrolled in an independent study program on any school day in which the student is scheduled for in-person educational activities of two or more hours. After such school meals have been made available to a student, the district may sell the student the entrée from an additional nutritionally adequate meal that qualifies for federal reimbursement, from the same meal service. (Education Code 49431, 49501.5) \n \nAs permitted by law, adult meals and other non-program foods, such as smart snack compliant food and beverages sold in vending machines, may be sold to students. (Education Code 38082, 49431, 49501.5) \n \nMeals may be sold to district employees, Board members, and employees or members of the fund or association maintaining the cafeteria. (Education Code 38082) \n \nIn addition, meals may be sold to nonstudents, including parents/guardians, volunteers, students' siblings, or other individuals, who are authorized by the Superintendent or designee to be on campus. Any meals served to nonstudents shall not be subsidized by federal or state reimbursements, food service revenues, or U.S. Department of Agriculture (USDA) foods. \n \nMeal prices, as recommended by the Superintendent or designee and approved by the Governing Board, shall be based on the costs of providing food services and consistent with Education Code 38084 and 42 USC 1760. \n \nThe Superintendent or designee shall establish strategies and procedures for the collection of meal payments. Such procedures shall conform with 2 CFR 200.426 and any applicable CDE guidance. The Superintendent or designee shall clearly communicate these procedures to students and parents/guardians, and shall make this policy and the accompanying administrative regulation available to the public pursuant to Education Code 49557.5. \n \nCafeteria Fund and Account \n \nThe Superintendent or designee shall establish a cafeteria fund independent of the district's general fund. \n \nThe Superintendent or designee shall ensure that state and federal funds provided through school meal programs are allocated only for purposes related to the operation or improvement of food services and for reasonable and necessary indirect program costs as allowed by law. \n \nFood service employees paid from cafeteria fund) \nThe wages, salaries, and benefits of food service employees shall be paid from the cafeteria fund. (Education Code 38103) \n \nContracts with Outside Services \n \nWith Board approval, the district may enter into a contract for food service consulting services or management services in one or more district schools. (Education Code 45103.5; 42 USC 1758; 7 CFR 210.16) \n \nProcurement of Foods, Equipment, and Supplies \n \nTo the maximum extent practicable, foods purchased for use in school meals by the district or by any entity purchasing food on its behalf shall be domestic commodities or products. Domestic commodity or product means an agricultural commodity that is produced in the United States and a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. (42 USC 1760; 7 CFR 210.21) \n \nThe district's food service program shall give priority to serving freshly prepared onsite meals, using whole or minimally processed sustainable foods which are locally grown or produced, including fresh fruits and vegetables, and to providing plant-based or restricted diet food options for students. \n \nWhen soliciting for bids and contracts for the purchase of an agricultural food product, the district shall specify in the solicitation that only the purchase of agricultural food products grown, packed, or processed domestically is authorized, unless a specific exception applies. A nondomestic food product may be purchased for use in the district's food service program only as a last resort when the product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality, the quality of the domestic product is inferior to the quality of the nondomestic product, or the bid or price of the nondomestic product is more than 25 percent lower than the bid or price of the domestic product. In such cases, the Superintendent or designee shall retain documentation justifying the use of the exception for three years from the date of purchase. (Food and Agriculture Code 58596.3) \n \nFurthermore, the district shall accept a bid or price for an agricultural food product grown in California before accepting a bid or price for a domestic agricultural food product that is grown outside the state, if the quality of the California-grown product is comparable and the bid or price does not exceed the lowest bid or price for domestic product produced outside the state. (Food and Agriculture Code 58595) \n \nBid solicitations and awards for purchases of equipment, materials, or supplies in support of the district's child nutrition program, or for contracts awarded pursuant to Public Contract Code 2000, shall be consistent with the federal procurement standards in 2 CFR 200.318-200.326. Awards shall be let to the most responsive and responsible party. Price shall be the primary consideration, but not the only determining factor, in making such an award. (Public Contract Code 20111) \n \nProgram Monitoring and Evaluation \n \nThe Superintendent or designee shall present to the Governing Board, at least annually, financial reports regarding revenues and expenditures related to the food service program. \n \nThe Superintendent or designee shall provide all necessary documentation required for the Administrative Review conducted by CDE to ensure compliance of the district's food service program with federal requirements.\n\n",
"contentText": "The Governing Board intends that school food services shall be a self-supporting, nonprofit program. To ensure program quality and cost effectiveness, the Superintendent or designee shall centralize and direct the purchasing of foods and supplies, the planning of menus, and the auditing of all food service accounts for the district.\n\nAt the Governing Board's discretion, district funds other than the cafeteria fund may be used for the purchase of school meals.\n\nThe Superintendent or designee shall ensure that food service director(s) possess the qualifications required by 7 CFR 210.30 and California Department of Education (CDE) standards.\n\nAt least once each year, food service administrators, other appropriate personnel who conduct or oversee administrative procedures, and other food service personnel shall receive training provided by CDE. (42 USC 1776)\n\nMeal Sales\n\nEach school day, a nutritionally adequate breakfast and lunch shall be made available at no cost to any student who requests a meal, including a student enrolled in an independent study program on any school day in which the student is scheduled for in-person educational activities of two or more hours. After such school meals have been made available to a student, the district may sell the student the entrée from an additional nutritionally adequate meal that qualifies for federal reimbursement, from the same meal service. (Education Code 49431, 49501.5)\n\nAs permitted by law, adult meals and other non-program foods, such as smart snack compliant food and beverages sold in vending machines, may be sold to students. (Education Code 38082, 49431, 49501.5)\n\nMeals may be sold to district employees, Board members, and employees or members of the fund or association maintaining the cafeteria. (Education Code 38082)\n\nIn addition, meals may be sold to nonstudents, including parents/guardians, volunteers, students' siblings, or other individuals, who are authorized by the Superintendent or designee to be on campus. Any meals served to nonstudents shall not be subsidized by federal or state reimbursements, food service revenues, or U.S. Department of Agriculture (USDA) foods.\n\nMeal prices, as recommended by the Superintendent or designee and approved by the Governing Board, shall be based on the costs of providing food services and consistent with Education Code 38084 and 42 USC 1760.\n\nThe Superintendent or designee shall establish strategies and procedures for the collection of meal payments. Such procedures shall conform with 2 CFR 200.426 and any applicable CDE guidance. The Superintendent or designee shall clearly communicate these procedures to students and parents/guardians, and shall make this policy and the accompanying administrative regulation available to the public pursuant to Education Code 49557.5.\n\nCafeteria Fund and Account\n\nThe Superintendent or designee shall establish a cafeteria fund independent of the district's general fund.\n\nThe Superintendent or designee shall ensure that state and federal funds provided through school meal programs are allocated only for purposes related to the operation or improvement of food services and for reasonable and necessary indirect program costs as allowed by law.\n\nFood service employees paid from cafeteria fund)\n\nThe wages, salaries, and benefits of food service employees shall be paid from the cafeteria fund. (Education Code 38103)\n\nContracts with Outside Services\n\nWith Board approval, the district may enter into a contract for food service consulting services or management services in one or more district schools. (Education Code 45103.5; 42 USC 1758; 7 CFR 210.16)\n\nProcurement of Foods, Equipment, and Supplies\n\nTo the maximum extent practicable, foods purchased for use in school meals by the district or by any entity purchasing food on its behalf shall be domestic commodities or products. Domestic commodity or product means an agricultural commodity that is produced in the United States and a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. (42 USC 1760; 7 CFR 210.21)\n\nThe district's food service program shall give priority to serving freshly prepared onsite meals, using whole or minimally processed sustainable foods which are locally grown or produced, including fresh fruits and vegetables, and to providing plant-based or restricted diet food options for students.\n\nWhen soliciting for bids and contracts for the purchase of an agricultural food product, the district shall specify in the solicitation that only the purchase of agricultural food products grown, packed, or processed domestically is authorized, unless a specific exception applies. A nondomestic food product may be purchased for use in the district's food service program only as a last resort when the product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality, the quality of the domestic product is inferior to the quality of the nondomestic product, or the bid or price of the nondomestic product is more than 25 percent lower than the bid or price of the domestic product. In such cases, the Superintendent or designee shall retain documentation justifying the use of the exception for three years from the date of purchase. (Food and Agriculture Code 58596.3)\n\nFurthermore, the district shall accept a bid or price for an agricultural food product grown in California before accepting a bid or price for a domestic agricultural food product that is grown outside the state, if the quality of the California-grown product is comparable and the bid or price does not exceed the lowest bid or price for domestic product produced outside the state. (Food and Agriculture Code 58595)\n\nBid solicitations and awards for purchases of equipment, materials, or supplies in support of the district's child nutrition program, or for contracts awarded pursuant to Public Contract Code 2000, shall be consistent with the federal procurement standards in 2 CFR 200.318-200.326. Awards shall be let to the most responsive and responsible party. Price shall be the primary consideration, but not the only determining factor, in making such an award. (Public Contract Code 20111)\n\nProgram Monitoring and Evaluation\n\nThe Superintendent or designee shall present to the Governing Board, at least annually, financial reports regarding revenues and expenditures related to the food service program.\n\nThe Superintendent or designee shall provide all necessary documentation required for the Administrative Review conducted by CDE to ensure compliance of the district's food service program with federal requirements.",
"footnotes": [
{
"type": "State",
"references": [
{
"code": "12 CCR 18928-18998.4",
"description": "Short-lived climate pollutants",
"url": ""
},
{
"code": "5 CCR 15550-15565",
"description": "School lunch and breakfast programs",
"url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I43DD33D04C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I43DEE1844C6911EC93A8000D3A7C4BC3"
},
{
"code": "Ed. Code 38080-38086",
"description": "School meals",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=3.&title=2.&part=23.&chapter=3.&article=1."
},
{
"code": "Ed. Code 38090-38095",
"description": "Cafeterias; funds and accounts",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=3.&title=2.&part=23.&chapter=3.&article=2."
},
{
"code": "Ed. Code 38100-38103",
"description": "Cafeterias; allocation of charges",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=3.&title=2.&part=23.&chapter=3.&article=3."
},
{
"code": "Ed. Code 42646",
"description": "Alternate payroll procedure",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=42646."
},
{
"code": "Ed. Code 45103.5",
"description": "Contracts for management consulting services; restrictions",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=45103.5."
},
{
"code": "Ed. Code 49010",
"description": "Educational activity; definition",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49010."
},
{
"code": "Ed. Code 49431",
"description": "The Pupil Nutrition, Health, and Achievement Act of 2001",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49431."
},
{
"code": "Ed. Code 49490-49494",
"description": "School breakfast and lunch programs",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=9.&article=7."
},
{
"code": "Ed. Code 49501.5-49506",
"description": "School Meals",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=9.&article=8."
},
{
"code": "Ed. Code 49550.3-49562",
"description": "Meals for needy students",
"url": ""
},
{
"code": "Ed. Code 49554",
"description": "Contract for services",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49554."
},
{
"code": "Ed. Code 49580-49581",
"description": "Food recovery program",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=9.&article=13."
},
{
"code": "F&A Code 58595",
"description": "Preference for California-grown agricultural products",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAC§ionNum=58595."
},
{
"code": "F&A Code 58596.1-58596.5",
"description": "Buy American Food Act; purchase of nondomestic agricultural food products",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=21.&title=&part=1.&chapter=8.&article="
},
{
"code": "H&S Code 113700-114437",
"description": "California Retail Food Code; sanitation and safety requirements",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=HSC&division=104.&title=&part=7.&chapter=&article="
},
{
"code": "Pub. Cont. Code 2000-2002",
"description": "Responsive bidders",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=1.&chapter=2.&article="
},
{
"code": "Pub. Cont. Code 20111",
"description": "Contracts over $50,000; contracts for construction; award to lowest responsible bidder",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC§ionNum=20111."
},
{
"code": "Pub. Cont. Code 3410",
"description": "U.S. produce and processed foods",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC§ionNum=3410."
}
]
},
{
"type": "Federal",
"references": [
{
"code": "2 CFR 200",
"description": "Appendix VII Indirect cost proposals",
"url": "https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200"
},
{
"code": "2 CFR 200.318-200.326",
"description": "Procurement standards",
"url": ""
},
{
"code": "2 CFR 200.400-200.475",
"description": "Cost principles",
"url": ""
},
{
"code": "2 CFR 200.56",
"description": "Indirect costs; definition",
"url": ""
},
{
"code": "42 USC 1751-1769j",
"description": "School Lunch Program",
"url": "https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter13&edition=prelim"
},
{
"code": "42 USC 1771-1793",
"description": "Child Nutrition Act",
"url": "https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter13A&edition=prelim"
},
{
"code": "42 USC 1773",
"description": "School Breakfast Program",
"url": "https://uscode.house.gov/view.xhtml?req=(title:42%20section:1773%20edition:prelim)%20OR%20(granuleid:USC-prelim-title42-section1773)&f=treesort&edition=prelim&num=0&jumpTo=true"
},
{
"code": "7 CFR 210.1-210.33",
"description": "National School Lunch Program",
"url": "https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210"
},
{
"code": "7 CFR 245.8",
"description": "Nondiscrimination practices for students eligible for free and reduced price meal and free milk",
"url": "https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-245/section-245.8"
},
{
"code": "7 CFR 250.1-250.70",
"description": "USDA foods",
"url": ""
}
]
},
{
"type": "Management Resources",
"references": [
{
"code": "CA Dept of Social Services Publication",
"description": "Food Distribution Program Administrative Manual",
"url": "https://www.cdss.ca.gov/cacfp/resources/cacfp-administrative-manual"
},
{
"code": "California Department of Education Publication",
"description": "Professional Standards in the SNPs, NSD Management Bulletin, SNP-13-2020, rev. January 2022",
"url": "https://www.cde.ca.gov/ls/nu/sn/mbsnp132020.asp"
},
{
"code": "California Department of Education Publication",
"description": "Food Service Management Company Contract Preapproval, NSD Management Bulletin, SNP-05-2023, March 2023",
"url": "https://www.cde.ca.gov/ls/nu/sn/mbsnp052523.asp"
},
{
"code": "California Department of Education Publication",
"description": "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",
"url": "https://www.cde.ca.gov/ls/nu/sn/mbsnp042023.asp"
},
{
"code": "California Department of Education Publication",
"description": "Excess Net Cash Resources – Revised to Increase Limitation, NSD Management Bulletin, SNP-04-2022, May 2022",
"url": "https://www.cde.ca.gov/ls/nu/sn/mbsnp042022.asp"
},
{
"code": "California Department of Education Publication",
"description": "Pricing of Adult Meals in the National School Lunch and School Breakfast Programs, NSD Management Bulletin, SNP-04-2021, August 2021",
"url": "https://www.cde.ca.gov/ls/nu/sn/mbsnp042021.asp"
},
{
"code": "California Department of Education Publication",
"description": "Procuring and Monitoring of Food Service Management Contracts, NSD Management Bulletin, SNP-13-2015, January 2015",
"url": "https://www.cde.ca.gov/ls/nu/sn/mbsnp132015.asp"
},
{
"code": "California Department of Education Publication",
"description": "Cafeteria Funds - Allowable Uses, NSD Management Bulletin, SNP-05-2020, February 2020",
"url": "https://www.cde.ca.gov/ls/nu/sn/mbsnp052020.asp"
},
{
"code": "California Department of Education Publication",
"description": "Storage and Inventory Management of U.S. Department of Agriculture Foods, NSD Management Bulletin, FDP-01-2018, January 2018",
"url": "https://www.cde.ca.gov/ls/nu/fd/mbfdp012018.asp"
},
{
"code": "California Department of Education Publication",
"description": "California School Accounting Manual",
"url": "https://www.cde.ca.gov/fg/ac/sa/"
},
{
"code": "U.S. Department of Agriculture Publication",
"description": "Buy American and the Agriculture Improvement Act of 2018, SP-32-2019, August 2019",
"url": "https://www.fns.usda.gov/cn/buy-american-and-agriculture-improvement-act"
},
{
"code": "U.S. Department of Agriculture Publication",
"description": "Procuring Local Foods for Child Nutrition Programs, January 2022",
"url": "https://www.fns.usda.gov/f2s/procuring-local-foods"
},
{
"code": "U.S. Department of Agriculture Publication",
"description": "Unpaid Meal Charges: Local Meal Charge Policies, SP 46-2016, July 2016",
"url": "https://www.fns.usda.gov/cn/unpaid-meal-charges-local-meal-charge-policies"
},
{
"code": "U.S. Department of Agriculture Publication",
"description": "Indirect Costs: Guidance for State Agencies and School Food Authorities, SP 60-2016, September 2016",
"url": "https://www.fns.usda.gov/cn/indirect-cost-guidance"
},
{
"code": "U.S. Department of Agriculture Publication",
"description": "Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program, SP-38-2017, June 2017",
"url": "https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american"
},
{
"code": "U.S. Department of Agriculture Publication",
"description": "Discretionary Elimination of Reduced Price Charges in the School Meal Programs, SP 17-2014, January 2014",
"url": "https://www.fns.usda.gov/cn/discretionary-elimination-reduced-price-charges-school-meal-programs"
},
{
"code": "U.S. Dept of Agriculture Publication",
"description": "School Meals - FAQs",
"url": "https://www.fns.usda.gov/cn/school-meals-faqs"
},
{
"code": "Website",
"description": "CalRecycle, Resources for Local Education Agencies: K-12 Public Schools and School Districts",
"url": "https://calrecycle.ca.gov/organics/slcp/schools/"
},
{
"code": "Website",
"description": "California Department of Education, Accounting",
"url": "https://www.cde.ca.gov/fg/ac/"
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{
"code": "Website",
"description": "CSBA District and County Office of Education Legal Services",
"url": "https://legalservices.csba.org/"
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{
"code": "Website",
"description": "U.S. Department of Agriculture, Food and Nutrition Service",
"url": "http://www.fns.usda.gov"
},
{
"code": "Website",
"description": "California Department of Social Services",
"url": "http://www.dss.cahwnet.gov"
},
{
"code": "Website",
"description": "California Department of Education, School Nutrition",
"url": "https://www.cde.ca.gov/ls/nu/sn/"
},
{
"code": "Website",
"description": "California School Nutrition Association",
"url": "http://www.calsna.org"
}
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