TEXAS DEPARTMENT OF AGRICULTURE AUTHORITY
TSBVI must comply with applicable rules adopted by the Texas Department of Agriculture (TDA), which administers federal and state nutrition programs including the National School Lunch Program (NSLP under 42 USC Section 1751 et seq.; and the School Breakfast Program (SBP) under 42 U.S.C. Section 1773, Agriculture Code 12.0025
“School day” means the midnight before, to 30 minutes after, the end of the official school day.
“School campus” means all areas of the property under the jurisdiction of the School that are accessible to students during the school day.
TDA shall require that TSBVI comply with the applicable provisions 7 CFR Part 210. TDA shall ensure compliance through audits, administrative reviews, technical assistance, training guidance materials or by other means. 7 CFR 210.19 (a)(3)
TDA must conduct administrative reviews of all participating school food authorities (SFAs) in the NSLP and SBP at least once during a three-year review cycle, provided that each SFA is reviewed at least once every four years. “Administrative review” means the comprehensive off-site and/or on-site evaluation of all SFAs participating in the specified programs. 7 CFR 210.18
Note: For recordkeeping and retention information, see TDA’s Food and Nutrition Division
Administrator’s Reference Manual, Section 30, Records Retention
ACCOUNTING FOR MEALS
TSBVI uses student cards or accounts to keep track of meals served for accounting purposes only. All student meals are served without charge. Day students who deposit funds to cover their meals will not be denied a free meal in the event their funds are depleted.
Schools that participate in the NSLP or SBP may sell food and beverages that do not meet nutritional standards outlines in 7 C.F.R. Parts 210 and 220 as part of a fundraiser, during the school day, for up to six days per school year on each school campus, provided that no specially exempted fundraiser foods or beverages may be sold in competition with school meals in the food service area during the meal service. TAC 26.2
Donation of Food
TSBVI may allow the campus to donate food to a nonprofit organization through an official of the nonprofit organization who is affiliated with the campus, including a teacher, counselor, or parent of a student enrolled at the campus. The donated food may be received, stored, or distributed on the campus. Food donated by the campus may include unused produce from the cafeteria, food donated as a result of a food drive or similar event. Education Code 33.907
Amended: 5/8/81, 9/21/84, 11/19/93, 5/23/97, 6/4/08, 4/16/18, 4/9/21