FOOD AND NUTRITION SERVICES

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2202-R-200.00 Basis and Purpose

200.01 The basis of these rules is found is Section 22-2-107(1)(c), C.R.S. and the purpose of these rules

relating to food and nutrition services are:

To preserve and protect the nutritional integrity of food and nutrition service operations in school

districts, recognizing the proven link between nutrition and a child's ability to learn, as well as to

foster the Declaration of Policy and Purpose set forth in the Richard B. Russell National School

Lunch Act (42 U.S.C., 1751 Et. Seq.) and the Child Nutrition Act of 1966 (42 U.S.C., 1771 Et.

Seq.), as amended, and;

To assist district food and nutrition service operations in complying with federal and state law and

regulations pertaining to such operations.

The purpose for the 2015 amendments are to streamline and consolidate these rules including

incorporating the rules related to the food service fund into 1 CCR 301-11 Rules for Accounting

and Reporting. Additionally, the 2015 amendments include clarifications to assist school districts

in complying with federal and state law and regulations pertaining to food and nutrition service

operations.

2202-R-201.00 Competitive Food Service

201.01 In those schools participating in the School Breakfast and/or National School Lunch Program(s),

competitive food service is any food or beverage available to students that is separate from the

district's nonprofit federally reimbursed food service program, and is provided by a school-

approved organization or by a school-approved outside vendor.

201.02 Competitive food service, except as outlined in Section 201.03, shall not operate in competition

with the district's food service program. Such competitive foods cannot be sold 30 minutes before

to 30 minutes after each scheduled meal service on any area of the school campus that is

accessible to students

is provided by a school-

approved organization or by a school-approved outside vendor.

201.02 Competitive food service, except as outlined in Section 201.03, shall not operate in competition

with the district's food service program. Such competitive foods cannot be sold 30 minutes before

to 30 minutes after each scheduled meal service on any area of the school campus that is

accessible to students.

201.03 The restriction in Section 201.02 does not apply to the service of competitive, mechanically-

vended beverages offered to students at the senior high level.

201.04 As stated in Section 22-32-136(4), C.R.S., each district’s board of education is encouraged to

establish rules specifying the time and place at which competitive foods may be sold on school

property in order to encourage the selection of healthful food choices by students.

Code of Colorado Regulations

Secretary of State

State of Colorado

CODE OF COLORADO REGULATIONS

1 CCR 301-3

Colorado State Board of Education

2

2202-R-202.00 Records

202.01 Records must be kept in such a way as to substantiate the claims of the district and meet the

requirements of the USDA. At a minimum, all records pertaining to the federal child nutrition

programs, including claims, financial records and supporting documentation, must be retained for

a period of three years after the end of the federal fiscal year (October 1 through September 30)

to which they pertain.

202.02 Records pertaining to the Public School Finance Act of 1996, including direct certification listings,

applications for free and reduced price school meals, family economic data survey forms, district

listings of migrant, homeless, runaway or foster students, and Head Start documented

participation must be retained until audited by CDE or until five years from the certification due

date whichever comes first.

2202-R-203.00 Food Service Management Companies

203.01 Districts and school food authorities may contract for the services of a food service management

company (FSMC)

urvey forms, district

listings of migrant, homeless, runaway or foster students, and Head Start documented

participation must be retained until audited by CDE or until five years from the certification due

date whichever comes first.

2202-R-203.00 Food Service Management Companies

203.01 Districts and school food authorities may contract for the services of a food service management

company (FSMC).

203.02 School food authorities wishing to enter into a FSMC contract must comply with all federal rules

and regulations pertaining to such FSMC contracts.

203.03 To ensure compliance with state and federal requirements relating to contracting with FSMC's,

school food authorities must utilize the request for proposal (RFP) and contract prototypes and

procedures as provided by CDE.

203.04 All RFP documents must be approved by CDE prior to release of the RFP. All contracts must be

approved by CDE prior to the inception of the contract.

203.05 The school food authorities must maintain control of meal prices, and retain signature authority on

all agreements, reimbursement claims, free and reduced price policy implementation, and any

other required forms and reports.