[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR210.21]

[Page 57-58]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 210_NATIONAL SCHOOL LUNCH PROGRAM--Table of Contents
 
    Subpart E_State Agency and School Food Authority Responsibilities
 
Sec.  210.21  Procurement.


    (a) General. State agencies and school food authorities shall comply 
with the requirements of 7 CFR part 3016 or 7 CFR part 3019, as 
applicable concerning the procurement of supplies, food, equipment and 
other services with Program funds. These requirements ensure that such 
materials and services are obtained for the Program efficiently and 
economically and in compliance with applicable laws and executive 
orders.
    (b) Contractual responsibilities. The standards contained in this 
part and 7 CFR part 3015, 7 CFR part 3016 and 7 CFR part 3019, as 
applicable, do not relieve the State agency or school food authority of 
any contractual responsibilities under its contracts. The State agency 
or school food authority is the responsible authority, without recourse 
to FNS, regarding the settlement and satisfaction of all contractual and 
administrative issues arising out of procurements entered into in 
connection with the Program. This includes, but is not limited to source 
evaluation, protests, disputes, claims, or other matters of a 
contractual nature. Matters concerning violation of law are to be 
referred to the local, State, or Federal authority that has proper 
jurisdiction.
    (c) Procurement procedure. State agencies or school food authorities 
may use their own procedures for procurement with program funds to the 
extent that:

[[Page 58]]

    (1) Procurements by public school food authorities comply with 
applicable State and local laws and the standards set forth in 7 CFR 
part 3016; and
    (2) Procurements by nonprofit private school food authorities comply 
with the standards set forth in 7 CFR part 3019.
    (d) Buy American.--(1) Definition of domestic commodity or product. 
In this paragraph (d), the term `domestic commodity or product' means--
    (i) An agricultural commodity that is produced in the United States; 
and
    (ii) A food product that is processed in the United States 
substantially using agricultural commodities that are produced in the 
United States.
    (2) Requirement. (i) In general. Subject to paragraph (d)(2)(ii) of 
this section, the Department shall require that a school food authority 
purchase, to the maximum extent practicable, domestic commodities or 
products.
    (ii) Limitations. Paragraph (d)(2)(i) of this section shall apply 
only to--
    (A) A school food authority located in the contiguous United States; 
and
    (B) A purchase of domestic commodity or product for the school lunch 
program under this part.
    (3) Applicability to Hawaii. Paragraph (d)(2)(i) of this section 
shall apply to a school food authority in Hawaii with respect to 
domestic commodities or products that are produced in Hawaii in 
sufficient quantities to meet the needs of meals provided under the 
school lunch program under this part.
    (e) Restrictions on the sale of milk. A school food authority 
participating in the Program, or a person approved by a school 
participating in the Program, must not directly or indirectly restrict 
the sale or marketing of fluid milk (as described in paragraph(m)(1)(ii) 
of this section) at any time or in any place on school premises or at 
any school-sponsored event.

[53 FR 29147, Aug. 2, 1988, as amended at 64 FR 50741, Sept. 20, 1999; 
70 FR 70033, Nov. 21, 2005; 71 FR 39516, July 13, 2006]