Buy American Requirement
All foods purchased using funds from the school food authority’s (SFA) nonprofit school food service account (NSFSA) must comply with the Buy American requirement. This requirement is specified in the federal regulations for the NSLP (7 CFR 210.21 (d)) and SBP (7 CFR 220.16 (d)), and the USDA final rule, Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans.
The Buy American requirement specifies that schools and institutions must purchase domestic commodities or products to the maximum extent practicable.
- A “domestic commodity or product” is an agricultural commodity that is produced in the United States (U.S.), and a food product that is processed in the U.S. substantially using agricultural commodities that are produced in the U.S.
- “Substantially” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically.
School food authorities are required to include language requiring the purchase of foods that meet the Buy American requirements in all procurement procedures, solicitations, and contracts.
Guidance | Justification for Non-domestic Products | Regulations | Training
Guidance
- Buy American Factsheet (USDA)
- Overview: Buy American Requirement for the School Nutrition Programs (CSDE)
- USDA policy memos on Buy American
Justification for Non-domestic Products
- Buy American Justification Form for the School Nutrition Programs (CSDE)
- Federal Acquisitions Regulations (FAR) Non-available Articles List
Buy American Regulations
- NSLP Regulations 7 CFR 210.21 (d)
- SBP Regulations 7 CFR 220.16 (d)
- Section 18: Buy American of the USDA's Final Rule, Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans
Training
- Buy American: U.S. Agriculture Supporting Healthy School Meals (Insitute of Child Nutrition training)
- CSDE Training Module