If you have questions regarding waiver, policies and procedures, Maine and Federal regulations, please contact a member of the Child Nutrition staff.
Child Nutrition programs are governed by federal and state laws and regulations. Federal laws are administered by the United States Department of Agriculture, and state laws are administered by the Maine Department of Education. School districts in the National School Lunch Program must follow USDA regulations for federally subsidized meals and for all foods sold outside of the National School Lunch Program. Information on current federal regulations, State of Maine laws, and links to USDA memorandums are provided below.
SY 2024-2025 Prospective Waiver (pdf)
Maine DOE has been approved to offer a statewide waiver to allow local program operators to serve meals in a non-congregate setting when congregate meal service operations in schools are limited due to natural disasters, unscheduled major building repairs, court orders relating to school safety or other issues, labor management disputes, or when approved by the State Agency for a similar unanticipated cause. This waiver allowance is allowed for up to a 10-day approval, after such, an approval from the USDA FNS Regional office is required.
- Unanticipated School Closure with Virtual Learning
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National School Lunch Program (NSLP) and School Breakfast Program (SBP) - School Buildings are closed and virtual learning is offered.
- Non-congregate meal service
- Meal service times
- Parent/Guardian pick up
- Offer vs serve at high schools
Child and Adult Food Program At-Risk ONLY – School buildings are closed with virtual learning offered.
- Non-congregate meal service
- Meal service times
- Parent/Guardian Pick up
- Enrichment Activity
To apply for the use of the Unanticipated Closure Waivers for NSLP, SBP, and CACFP you must use the following link to the MS Form, created to collect necessary information to track usage of the waivers and ensure requirements for use are met.
Please call the Child Nutrition Office at
207-624-6842
Frequently Asked Questions
How do I apply for the waivers? You must complete the Microsoft Forms request. Please ensure all applicable waiver options are selected.NSLP, SBP, and CACFP (remote learning must be in place) - use the following link
SFSP/SSO (no remote learning taking place and must be area eligible) - use the following link
You will hear from our office for approval.
When should I request the waiver? You should request the waiver at time of need. This can be shortly before knowledge of an unanticipated closure (such as a storm) or as soon as possible after the event.
Can I use the waiver for snow days? Yes, snow days are considered unanticipated school closures as you have not planned for specific dates school will be closed for snow.
Can I use the waiver for planned remote days, such as professional development days or voting? No, these waivers are only for unanticipated closures. Planned remote learning days are not considered unanticipated.Do meal pattern requirements need to be followed? Yes, if you plan to apply for the waivers and claim meals for reimbursement, meal pattern guidelines must be followed.
Can I distribute meals before the unanticipated event? You can distribute the meals before the event. For instance, you may have a plan for meals to go home the day before a potential storm. The meals would be claimed for the day of the closure with remote learning.
What if I distribute meals and in-person learning occurs? If in-person learning ends up taking place because the school didn’t close, you would be unable to claim the meals sent home since the students would have access to meals at school that day. The cost of the meals sent home would also be an unallowable cost to the non-profit food service account.
Do I need to count meals at point of service? Yes, meals must be counted at the point of distribution to students. If you claim by free, reduced, paid, you must count meals by student name.
- Unanticipated School Closure with NO Virtual Learning
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Summer Food Service Program (SFSP) and Seamless Summer Option(SSO) – School buildings are closed with no virtual learning.
- Non-Congregate Meal Service
- Meal Service Times
- Parent /Guardian Meal Pick Up
- Service of Meals at School Sites during Unanticipated School Closures
To apply for the use of the Unanticipated School Closure Waiver for SFSP/SSO you must use the following link to the MS Form, created to collect necessary information to track usage of the waiver and ensure requirements for use are being met. In addition, a streamlined SFSP application must be created, or changes must be made to your annual School Nutrition Program Application.
Mandatory reporting will be included in this year’s waivers, if issued, these reports will be requested in the spring, please be prepared to report on the following:
Requirements may include reporting the number of meals served, site locations, dates the waiver was used, and reason for the unanticipated closure. Information requested will include: a description of how the waiver resulted in improved services to children; and a summary of benefits and challenges associated with the waiver.
Please call the Child Nutrition Office at
207-624-6842
Frequently Asked Questions
How do I apply for the waivers? You must complete the Microsoft Forms request. Please ensure all applicable waiver options are selected.NSLP, SBP, and CACFP (remote learning must be in place) - use the following link
SFSP/SSO (no remote learning taking place and must be area eligible) - use the following link
You will hear from our office for approval.
When should I request the waiver? You should request the waiver at time of need. This can be shortly before knowledge of an unanticipated closure (such as a storm) or as soon as possible after the event.
Can I use the waiver for snow days? Yes, snow days are considered unanticipated school closures as you have not planned for specific dates school will be closed for snow.
Can I use the waiver for planned remote days, such as professional development days or voting? No, these waivers are only for unanticipated closures. Planned remote learning days are not considered unanticipated.
Do meal pattern requirements need to be followed? Yes, if you plan to apply for the waivers and claim meals for reimbursement, meal pattern guidelines must be followed.Can I distribute meals before the unanticipated event? You can distribute the meals before the event. For instance, you may have a plan for meals to go home the day before a potential storm. The meals would be claimed for the day of the closure with remote learning.
What if I distribute meals and in-person learning occurs? If in-person learning ends up taking place because the school didn’t close, you would be unable to claim the meals sent home since the students would have access to meals at school that day. The cost of the meals sent home would also be an unallowable cost to the non-profit food service account.
Do I need to count meals at point of service? Yes, meals must be counted at the point of distribution to students. If you claim by free, reduced, paid, you must count meals by student name.
- DOE Child Nutrition Policies and Procedures
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National School Lunch Program
LEA Notification of Eligibility for District Wide CEP Eligibility Provision
Child Nutrition Appeal Process (National School Lunch Program)
Child Nutrition Appeal Process (Child and Adult Care Food Program)
Fresh Fruit and Vegetable Program (FFVP) School Selection Procedure
Withholding Standard Operating Procedure
Professional Standards for School Food ServiceCivil Rights
Civil Rights Addressing ADA Policy
Civil Rights Limited English Proficiency Procedure
Civil Rights Responsibility and Rights Sharing PolicyUSDA Food
USDA Commodity Warehouse Inventory and Reconciliation Procedure
USDA Food Adjusting Values of Food for Recipient Agencies
USDA Food Pre-Survey or Preferred Items
Warehouse Safety and Sanitation Review ProcedureWaste
- Federal Guidance and Memos
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USDA Policy Memos - Not COVID-19 Related
USDA Guidance and Resources
USDA FNS Documents & Resources
USDA Memo SP 16-2016 Disclosure Requirements for the Child Nutrition Program
Food Buying Guide for Child Nutrition Programs (FBG) Interactive Web-Based Tool
Direct Certification in the NSLP This report responds to the requirement of Public Law 110-246 to assess the effectiveness of State and local efforts to directly certify children for free school meals.
Get the Facts About Food Safety Addresses common myths and misconceptions related to food safety when incorporating locally grown foods in school meals.
- Maine Statutes, Regulations, Policy, and Legislation
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Meals at No Charge
Legislation Regarding Meals At No Charge, Breakfast After The Bell, and CACFP At-Risk html
LD 1679 An Act Regarding Expanding Access to Free School Meals
Online Applications
Maine DOE has extended their partnership with Nutri-Link Technologies, Inc, to provide an online meal benefit application through school year 2022. There is no cost to Maine public school districts that participate in the federal Child Nutrition Programs. For more information, email paula.nadeau@maine.gov. LD 1679 requires districts participating in our program to accept data from this application. Exceptions include districts who are unable to accept applications if they are CEP or a non-base year Special Provision 2 school.
Healthy Hunger-Free Kids Act link to USDA; regulations and legislation related to the 2010 act to reform child nutrition programs
Maine Department of Education Administrative Letters
Maine State Legislature Bill Search
Special Provisions
Summary of Legislative Bills for Child NutritionAdvertising on School Grounds: Maine Statues: Title 20 A: Chapter 223, Sub Chapter 9, 6662
§6662. Foods outside school meal program
3.Food and beverage advertising. Brand-specific advertising of food or beverages is prohibited in school buildings or on school grounds except for food and beverages meeting standards for sale or distribution on school grounds in accordance with rules adopted under subsection 2.
For the purposes of this subsection, "advertising" does not include advertising on broadcast media or in print media such as newspapers and magazines, clothing with brand images worn on school grounds or advertising on product packaging.
Polystyrene Ban Information
- USDA Code of Federal Regulations (CFR) and Rules
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Civil Rights Guidance USDA
Code of Federal Regulations - Federal Register for all departments and agencies of the Federal Government
Part 15b. Nondiscrimination on the basis of handicap in programs or activities receiving Federal financial assistance
Super Circular 200
- Waiver Requests
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Maine DOE SY25 Meal Service During Ramadan Waiver
Prospective Waiver Response
SY 2024-2025 Maine Prospective Waiver
Waiver to Delay Implementation of the Program Integrity Final Rule
SFSP Summer 2024 and SY 2024-2025 12l Waiver Checklist
Offer Versus Serve in SFSP for Non-SFA Sponsors - SY24
Non-Congregate Waivers for Unanticipated School Closures in NSLP/SBP/CACFP At-Risk - SY24
Extend the CEP Application Deadline; Extend the CEP Application Deadline Approval - SY23
Streamlining Program Requirements and Improving Integrity in the SFSP Final Rule - SY23
Prospective Congregate Waivers for Unanticipated School Closures in NSLP and SBP - SY23
SFSP Final Integrity Rule - SY23
Offer vs Serve in SFSP for Non-SFA Sponsors - SY23
RSU 24 Waiver Request - SY23
Four Waivers for 2022 SFSP Operations
Waiver Request to Eliminate DOD Program - SY22
Meal Accountability All Free Program - SY22