USDA rule would see schools fined for not following regs

The USDA’s Food and Nutrition Service (FNS) has issued a proposed rule that would punish schools and state departments with fines for “egregious or persistent disregard” for Healthy, Hunger-Free Kids Act (HHFKA) regulations governing school meals. The proposed rule is in accordance with Section 303 of the HHFKA, which requires that the government “establish criteria for the imposition of fines” for all USDA child food programs.

Fines for HHFKA noncompliance have already been levied on an ad hoc basis, but this proposed rule would make them enforceable by regulation. “Under section 303, the Secretary or a State agency may establish an assessment against any school food authority or school administering the Child Nutrition Programs if the Secretary or the State agency determines that the school or school food authority failed to correct severe mismanagement of any program, failed to correct repeated violations of program requirements, or disregarded a requirement of which they have been informed,” the proposed rule states.

It does emphasize that the penalties would be limited to “egregious or persistent” situations: “It is important to note that the statutory scheme only anticipates assessments be established in instances of severe mismanagement of a program, disregard of a program requirement of which the program operator had been informed, or failure to correct repeated violations [emphasis in original],” reads the proposed regulation. “These criteria suggest that violations that would result in assessments would be egregious or persistent in nature, remaining unresolved after the normal monitoring and oversight activities have failed to secure corrective action.”

FNS said fines would amount to 1 percent of the total amount the school was reimbursed for lunches for the first fine while a second fine would equal up to 5 percent of the total meal reimbursements. Subsequent fines would be 10 percent.

The rule will be open for public comment for 60 days once it is officially published in the Federal Register on March 29.

Contact Mike Buzalka at [email protected]