San Francisco Unified School District and County Office of Education
Board Policy 3551
Food Service Operations/Cafeteria Fund – Buy American Requirements
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
Procument of Foods, Equipment and Supplies – Good Food Purchasing Policy
In 2016, SFUSD Board adopted the Good Food Purchasing Policy (GFPP). GFPP prioritizes purchases from small and medium sized food growers and producers located within 250 miles of San Francisco. The United States Department of Agriculture has other purchasing requirements with which SFUSD must comply, including the Buy American Provision. The Provision’s intent is to ensure federal school meal resources maximally benefit American growers and producers. SFUSD’s commitment, to local purchasing far exceeds these federal requirements, as outlined in the district’s GFPP policy.
To the maximum extent practicable, foods purchased for use in school meals by the District or by any entity purchasing food on its behalf shall be domestic commodities or products. Domestic commodity or product means an agricultural commodity that is produced in the United States and a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. (42 USC 1760; 7 CFR 210.21)
A nondomestic food product may be purchased for use in the District’s food service program only as a last resort when the product is not produced or manufactured in the United States in sufficient and reasonable quantities of a satisfactory quality, or when competitive bids reveal the costs of a United States product are significantly higher than the nondomestic product. In such cases, the Superintendent or designee shall retain documentation justifying the use of the exception. Furthermore, the district shall accept a bid or price for an agricultural product grown in California before accepting a bid or price for an agricultural product grown outside the state, if the quality of the California-grown product is comparable and the bid or price does not exceed the lowest bid or price of a product produced outside the state. (Food and Agriculture Code 58595)
Bid solicitations and awards for purchases of equipment, materials, or supplies in support of the district’s child nutrition program, or for contracts awarded pursuant to Public Contract Code 2000, shall be consistent with the federal procurement standards in 2 CFR 200.318-200.326. Awards shall be let to the most responsive and responsible party. Price shall be the primary consideration, but not the only determining factor, in making such an award. (Public Contract Code 20111)
The Student Nutrition Services Department shall comply with all requirements for purchasing commercial food products served in the school meal programs, including those outlined in the Buy American provision, pursuant to 7 CFR 210.21. Student Nutrition Services shall:
- Ensure, to the maximum extent practicable, domestically grown and processed foods, as defined, are purchased.
Domestic commodities or products are defined as those that consist of agricultural commodities produced in the United States or when processed contain over 51% of domestic agriculture commodities. - Maximize the use of domestic products in all menu planning processes. Whenever a known non-domestic product is placed on a menu, such as a banana, Student Nutrition Services shall obtain and record documentation that the non-domestic product meets one of the exceptions outlined above.
- Require vendors to include source information on invoices and/or provide usage reports including source and origin information for all products purchased.
- Require vendors to receive prior approval before providing non-domestic products by submitting proof that the proposed non-domestic products meet one of the two exceptions outlined above. Requests for approval shall be provided in writing to the Executive Director of Student Nutrition Services, Culinary Manager, or designee.
- Maintain usage reports, invoices, and documentation of any exceptions on file for a period of 3 years from the date of issuance.
- Ensure that food service director(s) possess the qualifications required by 7 CFR 210.30 and California Department of Education (CDE) standards.
- Conduct annual site visits to inspect food storage spaces at Refresh (cooking kitchen) sites.
- Conduct a quarterly review of food purchasing invoices and/or vendor submitted usage reports.
- Track and document any non-domestic food items without a documentation on file. Vendors providing these food items shall be notified and purchases shall be immediately stopped.
At least once each year, food service administrators, other appropriate personnel who conduct or oversee administrative procedures, and other food service personnel shall receive training provided by CDE. (42 USC 1776)
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.