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contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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Rules and Regulations Federal Register

11077 

Vol. 80, No. 40 

Monday, March 2, 2015 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 210 and 235 

[FNS–2011–0030] 

RIN 0584–AE19 

Professional Standards for State and 

Local School Nutrition Programs 

Personnel as Required by the Healthy, 

Hunger-Free Kids Act of 2010 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

minimum professional standards for 

school nutrition personnel who manage 

and operate the National School Lunch 

and School Breakfast Programs. The 

final rule institutes hiring standards for 

the selection of State and local school 

nutrition program directors, and 

requires all personnel in the school 

nutrition programs to complete annual 

continuing education/training. These 

regulations are expected to result in 

consistent, national professional 

standards that strengthen the ability of 

school nutrition professionals and staff 

to perform their duties effectively and 

efficiently. 

DATES: This rule is effective July 1, 

2015. Compliance with the provisions of 

this rule must begin July 1, 2015, except 

as noted in specific regulatory 

provisions. 

FOR FURTHER INFORMATION CONTACT: Julie 

Brewer, School Programs Branch, Policy 

and Program Development Division, 

Food and Nutrition Service, at (703) 

305–2590. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Healthy, Hunger-Free Kids Act of 

2010 (HHFKA), Public Law 111–296, 

requires significant changes in the Child 

Nutrition Programs to prevent and 

reduce childhood obesity, give eligible 

children access to nutrition benefits, 

and enhance the ability of nutrition 

professionals to operate the National 

School Lunch Program (NSLP) and 

School Breakfast Program (SBP) 

efficiently. Section 306 of the HHFKA 

amended section 7 of the Child 

Nutrition Act of 1966 (CNA) (42 U.S.C. 

1776) by adding paragraph (g), 

‘‘Professional Standards for School Food 

Service.’’ This provision is intended to 

ensure that school nutrition 

professionals that manage and operate 

the NSLP and SBP have adequate 

knowledge and training to meet Program 

requirements. Requiring proper 

qualifications to serve in the Child 

Nutrition Programs is expected to 

improve the quality of school meals, 

reduce errors, and enhance Program 

integrity. 

The Food and Nutrition Service (FNS) 

of the Department of Agriculture 

(USDA) issued a proposed rule (79 FR 

6488) on February 4, 2014, seeking to 

amend the regulations governing the 

NSLP (7 CFR part 210) and the State 

administrative expense funds (7 CFR 

part 235) consistent with amendments 

made to the CNA by the HHFKA. The 

rule proposed to establish national 

hiring standards and annual continuing 

education/training requirements for 

school nutrition professionals that 

manage and operate the NSLP and SBP. 

In developing the proposed 

professional standards, FNS considered 

input from a variety of sources. First, in 

November 2011, FNS conducted a 

session at the State Agency Meeting for 

State Child Nutrition Directors and their 

staff members. At that session, the 

participants brought up a number of 

general issues for FNS to consider, 

including grandfathering (the practice of 

exempting existing personnel from the 

new requirements), monitoring by State 

agencies, and how the new 

requirements would relate to existing 

State and local standards. 

On March 13–14, 2012, FNS held a 

two-day listening session with 

approximately 60 invited stakeholders 

representing a variety of State agencies, 

local educational agencies (LEAs), 

professional associations and other 

constituencies concerned with 

standards affecting child nutrition 

professionals. The stakeholders 

provided suggestions for FNS to 

consider regarding required and 

preferred professional standards, and 

offered input on potential challenges 

and on use of resources to successfully 

implement national standards. 

As follow-up to the March session, 

interested participants volunteered to 

continue providing input via conference 

calls. Participants on the calls included 

State and district directors, professional 

organizations, and FNS staff. Calls 

focused on three topics: Criteria and 

standards for hiring State agency 

directors; minimum education and 

training requirements for school 

nutrition directors; and training 

requirements for school nutrition 

managers and other staff. FNS 

conducted the conference calls in the 

five months following the listening 

session. 

FNS also received feedback from 

attendees at the School Nutrition 

Association’s Annual National 

Conference in July 2012 and July 2013. 

The audience, which consisted of State 

agency directors and staff, school 

nutrition directors, managers and other 

personnel, provided significant input 

for the proposed professional standards. 

As a result of the stakeholders’ 

feedback, FNS developed proposed 

professional standards consisting of 

minimum educational requirements for 

new State directors and school nutrition 

program directors, and annual 

continuing education/training 

requirements for all school nutrition 

personnel. These proposed standards for 

State directors are summarized in the 

following two charts and discussed later 

in the preamble: 


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11078 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

PROPOSED RULE HIRING STANDARDS FOR NEW STATE AGENCY DIRECTORS

State director of school nutrition program State director of distributing 

agencies 

Education ........................................ A bachelor’s degree with an academic major in areas including food 

and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a 

related field.

A bachelor’s degree with any academic major. 

Knowledge & Experience ................ Extensive relevant knowledge and experience in areas such as institutional food service operations, management, business, and/or nutrition education. 

Skills & Abilities ............................... Additional abilities and skills needed to lead, manage, and supervise people to support the mission of 

Child Nutrition Programs. 

PROPOSED RULE TRAINING REQUIREMENTS FOR ALL STATE AGENCY DIRECTORS

State director of school nutrition programs State director of distributing agencies 

• Each school year, must complete at least 15 hours of annual continuing education/training in core areas, such as nutrition, operations, 

administration, communications, and marketing. Additional hours and 

topics may be specified by FNS annually, as necessary.

• Must also provide or ensure that State agency staff receives annual 

continuing education/training.

• Must provide the SFAs at least 18 hours of training in topics such as 

administrative practices (training in application, certification, 

verification, meal counting and meal claiming procedures); the accuracy of approvals for free and reduced price meals; the identification 

of reimbursable meals at the point of service; nutrition; health and 

food safety standards; the efficient and effective use of USDA foods; 

and any other appropriate topics, as determined by FNS, to ensure 

program compliance and integrity.

• Each school year, must complete at least 15 hours of annual continuing education/training in core areas, such as nutrition, operations, 

administration, communications, and marketing. Additional hours and 

topics may be specified by FNS annually, as necessary. 

• Must also provide or ensure that State agency staff receives annual 

continuing education/training in topics such as the efficient and effective use of USDA donated foods; inventory rotation and control; 

health and food safety standards; and any other appropriate topics, 

as determined by FNS, to ensure program compliance and integrity. 

For employees at the local level, FNS 

proposed minimum educational 

requirements for new school nutrition 

program directors only, based on an 

LEA size/student enrollment (LEAs with 

2,499 students or less, LEAs with 2,500– 

9,999 students, LEAs with 10,000– 

24,999 students, and LEAs with 25,000 

or more students). The proposed hiring 

standards are intended to apply to the 

school food authority (SFA), which is 

the governing body that has the legal 

authority to operate the school meal 

programs. In addition, FNS proposed 

annual continuing education/training 

requirements for all SFA employees. 

The proposed standards for SFA 

employees are summarized in the 

following two charts and discussed later 

in the preamble: 

PROPOSED RULE HIRING STANDARDS FOR SCHOOL NUTRITION PROGRAM DIRECTORS BY LOCAL EDUCATIONAL AGENCY

SIZE

Minimum 

requirements 

for directors 

Student enrollment 

2,499 or less 

Student enrollment 

2,500–9,999 

Student enrollment 

10,000–24,999 

Student enrollment 

25,000 or more 

Minimum Education 

Standards 

(required) 

(new directors only).

Bachelor’s degree, or equivalent educational experience, 

with academic major or 

concentration in food and 

nutrition, food service management, dietetics, family 

and consumer sciences, 

nutrition education, culinary 

arts, business, or a related 

field.

Bachelor’s degree, or equivalent educational experience, 

with academic major or 

concentration in food and 

nutrition, food service management, dietetics, family 

and consumer sciences, 

nutrition education, culinary 

arts, business, or a related 

field; 

Bachelor’s degree, or equivalent educational experience, 

with academic major or 

concentration in food and 

nutrition, food service management, dietetics, family 

and consumer sciences, 

nutrition education, culinary 

arts, business, or a related 

field; 

Same requirements as for 

10,000–24,999 size category. 

OR OR OR 

Bachelor’s degree, or equivalent educational experience, 

with any academic major or 

area of concentration, and 

a State-recognized certificate in food and nutrition, 

food service management, 

dietetics, family and consumer sciences, nutrition 

education, culinary arts, or 

business; 

Bachelor’s degree, or equivalent educational experience, 

with any academic major or 

area of concentration, and 

a State-recognized certificate in food and nutrition, 

food service management, 

dietetics, family and consumer sciences, nutrition 

education, culinary arts, or 

business; 

Bachelor’s degree, or equivalent educational experience, 

with any academic major or 

area of concentration, and 

a State-recognized certificate in food and nutrition, 

food service management, 

dietetics, family and consumer sciences, nutrition 

education, culinary arts, or 

business. 

OR OR 


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PROPOSED RULE HIRING STANDARDS FOR SCHOOL NUTRITION PROGRAM DIRECTORS BY LOCAL EDUCATIONAL AGENCY

SIZE—Continued 

Minimum 

requirements 

for directors 

Student enrollment 

2,499 or less 

Student enrollment 

2,500–9,999 

Student enrollment 

10,000–24,999 

Student enrollment 

25,000 or more 

Associate’s degree, or equivalent educational experience, with academic major 

or concentration in food 

and nutrition, food service 

management, dietetics, 

family and consumer 

sciences, nutrition education, culinary arts, business, or a related field; and 

at least one year of relevant school nutrition programs experience; 

OR 

High school diploma (or GED) 

and 5 years of relevant experience in school nutrition 

programs.

Associate’s degree, or equivalent educational experience, with academic major 

or concentration in food 

and nutrition, food service 

management, dietetics, 

family and consumer 

sciences, nutrition education, culinary arts, business, or a related field; and 

at least one year of relevant school nutrition programs experience. 

Minimum Education 

Standards 

(preferred) 

(new directors only).

Directors hired without an associate’s degree are strongly encouraged to work toward attaining associate’s 

degree upon hiring.

Directors hired without a 

bachelor’s degree strongly 

encouraged to work toward 

attaining bachelor’s degree 

upon hiring.

Master’s degree, or willingness to work toward master’s degree, preferred.

At least one year of management experience, preferably 

in school nutrition, strongly 

recommended.

Same requirements as for 

10,000–24,999 size category. 

At least 3 credit hours at the 

university level in food service management plus at 

least 3 credit hours in nutritional sciences at time of 

hiring strongly preferred.

Minimum Prior 

Training 

Standards 

(required) 

(new directors only).

At least 8 hours of food safety training is required either 3 years prior to their starting date or completed within 30 days of employee’s starting date. 

PROPOSED RULE ANNUAL CONTINUING EDUCATION/TRAINING FOR ALL LOCAL EDUCATIONAL AGENCY SIZES

New and Current Directors .............. Each year, at least 15 hours of annual continuing education/training. 

Includes topics such as: 

• Administrative practices (including training in application, certification, verification, meal counting, 

and meal claiming procedures). 

• Any other appropriate topics as determined by FNS. 

This required continuing education/training is in addition to the food safety training required in the first year 

of employment. 

New and Current Managers ............ Each year, at least 12 hours of annual continuing education/training. 

Includes topics such as: 

• Administrative practices (including training in application, certification, verification, meal counting, 

and meal claiming procedures). 

• The identification of reimbursable meals at the point of service. 

• Nutrition, health and safety standards. 

• Other topics, as specified by FNS. 

New and Current Staff (other than 

the director and managers) that 

work an average of at least 20 

hours per week.

Each year, at least 8 hours of annual continuing education/training. 

Includes topics such as: 

• Free and reduced price eligibility. 

• Application, certification, and verification procedures. 

• The identification of reimbursable meals at the point of service. 

• Nutrition, health and safety standards. 

• Other topics, as specified by FNS. 


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II. Public Comments 

The proposed rule was published in 

the Federal Register on February 4, 

2014 (79 FR 6488) seeking to establish 

minimum hiring standards for the 

selection of State directors and local 

school nutrition program directors, and 

annual continuing education/training 

requirements for all school nutrition 

personnel effective July 1, 2015. The 

rule was posted for comment on 

www.regulations.gov and the public had 

the opportunity to submit comments on 

the proposal during a 60-day period that 

ended April 7, 2014. 

FNS appreciates the valuable 

comments provided by stakeholders and 

the public. We received 2,204 public 

comments that included 241 distinct 

submissions and 1,963 identical form 

letters that were submitted by 

individual commenters. Although not 

all commenters identified their group 

affiliation or commenter category, most 

comments were submitted by: 

• SFA personnel—96 comments; 

• Associations (national, state, local 

and other)—16 comments; 

• State agencies—14 comments; 

• Nutritionists/dietitians—7 

comments; 

• Advocate groups (national and state 

levels)—6 comments; and 

• Non-profit organizations—4 

comments. 

To view all public comments on the 

proposed rule, go to 

www.regulations.gov and search for 

public submissions under docket 

number FNS–2011–0030. 

Overall, 110 public comments and 

1,963 form letters voiced support for the 

proposal, and 93 public comments 

expressed opposition. Supporters stated 

that professional standards will advance 

the school nutrition profession and 

enhance the ability of personnel at all 

levels to successfully manage and 

operate the school meal programs. They 

affirmed that establishing professional 

standards will contribute to the 

recognition of the skills, 

professionalism, and dedication of 

school nutrition employees. Several 

organizations commended USDA for 

developing sensible hiring standards 

and continuing education/training 

requirements for State and local school 

nutrition professionals. 

Opponents generally expressed 

concern about specific provisions, or 

showed misunderstanding of specific 

provisions that are being clarified in this 

final rule. Many of the opponents 

expressed concern about the feasibility 

of the requirements for small and rural 

SFAs, and others indicated that the 

proposal could create operational and 

financial hardships for all SFAs. Some 

argued the professional standards could 

potentially exclude otherwise qualified 

applicants from employment and limit 

the upward mobility of current school 

nutrition employees. Other commenters 

were not clearly in favor or opposed to 

the proposal but requested clarification 

on specific aspects of the proposal. 

The following is a summary of the 

public comments by provision: 

Hiring Standards 

Public Comments: One hundred fiftytwo commenters addressed the hiring 

standards for new school nutrition 

program directors in § 210.30(b) of the 

proposed rule. FNS proposed hiring 

standards for four distinct LEA size 

categories: LEAs with 2,499 students or 

less, LEAs with 2,500–9,999 students, 

LEAs with 10,000–24,999 students, and 

LEAs with 25,000 or more students. In 

general, the proposed standards become 

more stringent as the LEA size increases 

to ensure that the new school nutrition 

professionals have essential 

qualifications to manage and operate the 

school nutrition programs that impact a 

larger number of children. The proposed 

hiring standards consist of minimum 

educational standards that include the 

following options: 

• Bachelor’s degree with a major in 

specific area (food and nutrition, food 

service management, dietetics, family 

and consumer sciences, nutrition 

education, culinary arts, business, or a 

related field), or 

• Bachelor’s degree with any major 

and a State-recognized certificate, or 

• Associate’s degree with major in 

specific areas and at least one year of 

experience in school nutrition programs 

(for LEAs with less than 10,000 

students), or 

• High school diploma or GED and at 

least five years of experience in school 

nutrition programs (for LEAs with less 

than 2,500 students). 

In general, commenters expressed 

support for establishing hiring standards 

for the professionals who administer 

and operate the school nutrition 

programs at the SFA level, but many 

commenters voiced concerns about 

specific provisions or sought 

clarification. Commenters stressed the 

importance of school nutrition 

experience, and noted that an 

appropriate combination of education 

and experience is important to avoid 

excluding otherwise qualified 

applicants. Some stated that an 

academic degree alone may not be 

sufficient to run a school nutrition 

program. Since the proposed rule did 

not specify work experience for all 

pathways leading to the position of 

school nutrition program director, a few 

commenters expressed concern that 

candidates with a degree but no 

valuable school nutrition experience 

will apply for these positions. 

Providing current SFA program 

directors the opportunity for upward 

mobility was another concern raised by 

commenters. A commenter offered 

alternatives to a degree, including the 

suggestion that a significant number of 

years of work experience be considered 

acceptable in place of a degree. Another 

suggestion was that the School Nutrition 

Association certification or a similar 

certification be accepted as an 

alternative to an academic degree. 

Many commenters expressed 

concerns about the hiring standards for 

small and rural SFAs. Some argued that 

higher compensation should support 

stricter hiring standards, and that many 

small SFAs do not have the resources to 

increase salaries to attract qualified 

applicants. Commenters also stated that 

stricter standards could decrease the 

candidate pool, which would make 

hiring more difficult. A commenter also 

stated that the hiring requirements 

could adversely affect small and rural 

communities that depend on the school 

nutrition program for a source of parttime jobs. Other obstacles mentioned 

were the rising costs of a college 

education and the limited availability of 

community colleges in rural areas. 

A commenter suggested delaying the 

implementation of the regulations to 

provide State agencies and SFAs 

sufficient time to modify their hiring 

procedures. The commenter expressed 

concern that the proposed hiring 

standards could be inconsistent with 

hiring standards already negotiated and 

in place in different LEAs. 

Seven commenters addressed the 

proposed hiring standards for new State 

directors of school nutrition programs 

and for new State directors of 

distributing agencies in § 235.11(g)(1) 

and § 235.11(g)(2), respectively, of the 

proposed rule. The proposed hiring 

standards for both State director 

positions consist of a bachelor’s degree; 

extensive knowledge and experience in 

specific areas (such as institutional food 

service operations, management, 

business and/or nutrition education); 

and specific skills and abilities to lead 

and supervise people. For the State 

director of school nutrition program, 

FNS proposed requiring a specific major 

in food and nutrition, food service 

management, dietetics, family and 

consumer sciences, nutrition education, 

culinary arts, business, or a related field. 

The proposed rule does not specify a 

major for the State director of 

distributing agencies. 


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In general, commenters voiced 

support for establishing hiring standards 

for State directors. However, one 

commenter requested a definition for 

director of distributing agencies 

positions affected by this rule, and also 

said that the hiring standards for the 

State director of distributing agencies 

should focus on relevant experience, as 

the knowledge and skills required for 

that position are more likely to be 

acquired through experience than 

through academic study. Another 

commenter suggested that the hiring 

standards for the State director of 

distributing agencies should specify a 

major in business, food service, or 

similar field, instead of a bachelor’s 

degree in any major. Some commenters 

said that the hiring standards for both 

State director positions should be 

similar. A few commenters suggested 

establishing hiring standards for the 

State agency staff that monitors and 

provides technical assistance to the 

local program operators. 

FNS Response: FNS recognizes that 

school nutrition employees are a 

dedicated and resourceful workforce 

determined to perform a wide range of 

job duties. The NSLP and SBP have 

grown considerably and changed 

significantly since their inception and 

school nutrition personnel at the State 

and local levels have contributed 

significantly to Program 

accomplishments. By requiring hiring 

standards for new State and SFA school 

nutrition directors, the CNA seeks to 

ensure that the most qualified 

candidates are selected for these key 

positions. As recognized by Congress in 

establishing hiring standards for these 

positions, the requirements will help 

guarantee that those administering and 

operating the school nutrition programs 

in the years ahead have a solid 

foundation to help them undertake new 

challenges. The hiring standards are 

expected to create a strong team of 

school nutrition professionals that will 

be able to find new ways to improve 

Program meals, access, and integrity in 

schools nationwide. This final rule 

provides that current State agency and 

school nutrition program directors will 

be grandfathered in, and thus, will not 

be required to meet the new hiring 

standards and may continue to serve in 

their current positions. 

For the position of school nutrition 

program director, this final rule sets 

minimum hiring standards for only 

three distinct LEA size categories: LEAs 

with 2,499 students or less, LEAs with 

2,500–9,999 students, and LEAs with 

10,000 or more students. The final rule 

does not set separate hiring standards 

for LEAs with 25,000 or more students 

because such standards are no different 

than the proposed standards for LEAs 

with 10,000–24,999 students. Overall, as 

the LEA size increases, a higher 

educational level for new hires is 

required to match the level of 

responsibility and complexity of the 

food service system. 

This final rule does not require prior 

program experience if a new school 

nutrition program director has attained 

a bachelor’s degree or higher with a 

specific academic major in food and 

nutrition, food service management, 

dietetics, family and consumer sciences, 

nutrition education, culinary arts, 

business, or a related field. This is in 

consideration of the possibility that 

some well-qualified candidates may 

apply for a director position shortly 

following college graduation. Prior 

experience is required for other hiring 

pathways established by this rule. 

The hiring pathways for new SFA 

directors in the three specified LEA 

sizes remain as proposed except for a 

few modifications to the required 

program experience to reflect the needs 

and complexities of different LEAs. 

Section 210.30(b)(1) of this final rule 

establishes the following hiring 

pathways for school nutrition program 

directors: 

• Bachelor’s degree with a major in 

specific areas (for all LEA sizes); 

• Bachelor’s degree in any academic 

major plus a State-recognized certificate 

(for all LEA sizes); 

• Associate’s degree with a specific 

major plus two years, instead of the 

proposed one year, of relevant school 

nutrition experience (for LEAs with 

2,500–9,999 students); 

• Associate’s degree with a specific 

major plus one year of relevant school 

nutrition experience (for LEAS with 

2,499 students or less); and 

• High school diploma (or GED) plus 

three years (instead of the proposed five 

years) of relevant school nutrition 

experience (for LEAs with 2,499 

students or less). 

This final rule also adds two hiring 

pathways for individuals who have a 

bachelor’s degree in any major plus 

valuable program experience, and are 

seeking to serve as SFA directors in 

mid-size LEAs and large-size LEAs. For 

LEAs with 2,500–9,999 students, a 

bachelor’s degree in any academic major 

and at least two years of relevant school 

nutrition program experience is now 

accepted. For LEAs with 10,000 or more 

students, a bachelor’s degree in any 

major and at least five years’ experience 

in management of school nutrition 

programs is also accepted. These 

additional pathways are intended to 

expand the employment opportunities 

for applicants with significant program 

experience. 

This final rule also responds to the 

concerns of commenters regarding the 

feasibility of the proposed hiring 

standards for small LEAs. The fourth 

School Nutrition Dietary Assessment 

Study (SNDA IV), which was conducted 

during school year 2011–2012, 

indicated that in LEAs with 2,499 or 

less students, 34 percent of current 

directors have an associate’s degree or 

higher; 27 percent have completed some 

college without a degree; and 27 percent 

hold a high school diploma. Based on 

this information, FNS proposed several 

hiring pathways for small LEAs that 

include two options that require a 

bachelor’s degree, one option that 

requires an associate’s degree plus one 

year of school nutrition experience, and 

one option that requires a high school 

diploma (or GED) plus five years of 

experience. As stated earlier, to 

facilitate implementation of the 

professional standards, this final rule 

reduces the required years of experience 

for candidates with a high school 

diploma from five years to three years 

of relevant program experience. The 

hiring pathways for LEAs with 2,499 or 

less students are established in 

§ 210.30(b)(1)(i) of the final rule. 

In response to commenters’ concerns 

over the ability to hire SFA directors for 

very small LEAs, such as those in rural 

areas or with less than 500 students, this 

final rule allows the State agency 

discretion to approve an LEA’s hiring of 

a school nutrition program director that 

has a high school diploma (or GED) but 

less than the required three years of 

relevant program experience. The LEA 

interested in hiring an applicant with 

less than the required three years of 

relevant program experience must 

demonstrate to the State agency that the 

applicant meets the minimum 

educational standard and, therefore, is 

otherwise qualified for the position and 

the best available candidate. This hiring 

flexibility, set forth in 

§ 210.30(b)(1)(i)(D) of the final rule, is 

expected to benefit Residential Child 

Care Institutions and Tribal schools that 

may face unique challenges in finding 

experienced candidates. 

Regarding career mobility for current 

program directors within a state or 

between states, this final rule allows 

grandfathered directors to remain in 

their positions, or to transfer to another 

position in an LEA of the same size 

category. The ability to transfer is 

intended to allow current employees an 

opportunity to enhance their Program 

expertise by moving to another position 

for which they are qualified and 

determined to be the best candidate. 


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The rule also gives current directors the 

flexibility to move to a position in a 

larger SFA (within the same LEA size 

category). However, to move to a larger 

LEA size, for example to move from an 

LEA with 4,000 students (the 2,500– 

9,999 category) to an LEA with 12,000 

students (the 10,000 or more category), 

a grandfathered program director must 

meet the hiring standards established 

for the larger LEA. As noted earlier, as 

the LEA size increases, the minimum 

educational level also increases to 

match the demands and complexity of 

the job. 

The proposed hiring standards for 

State director of school nutrition 

programs in § 235.11(g)(1), and for State 

director of distributing agencies in 

§ 235.11(g)(2) were generally well 

received by commenters. Although FNS 

recognizes that in a few States both roles 

are performed by one individual, the 

final rule retains separate hiring 

standards. The educational requirement 

for the State director of school nutrition 

programs specifies a bachelor’s degree 

with a specific academic major, while a 

bachelor’s degree in any major is 

allowed for the State director of 

distributing agencies. 

A few comments revealed possible 

misunderstanding of the hiring 

standards for State directors. To clarify, 

the final rule’s hiring standards for both 

State director positions allow the 

selection of a job applicant that has a 

bachelor’s degree with a major in 

business, and knowledge and 

experience in areas such as management 

and business. Also, for both State 

director positions, the State agency may 

require years of relevant program 

experience in addition to the minimum 

criteria established by this final rule. 

This final rule does not include hiring 

standards for State agency staff because 

section 7 of the CNA does not authorize 

FNS to establish such requirements. 

Commenters suggested different 

hiring scenarios and asked how the 

hiring standards would apply. In 

general, if an individual is hired to 

perform more than one school nutrition 

job, the hiring standards for the higher 

level position will apply. For example, 

if an individual will serve as both 

school nutrition program director and as 

program manager, the hiring 

requirements for the program director 

position will apply. If a program 

director will oversee more than one 

SFA, the sum of the student enrollment 

determines the hiring requirements. In 

such a case, the new program director 

will have to meet the hiring 

requirements for the LEA size that 

reflects the total student enrollment. If 

an individual will serve in two 

completely different capacities, such as 

school principal and school nutrition 

program director, the hiring standards 

for the appropriate LEA size will still 

apply and must be met. At the 

discretion of the State agency, 

temporary, or ‘‘acting’’ school nutrition 

program directors expected to work 

more than 30 business days may be 

required to meet the hiring standards. 

FNS recognizes that this final rule does 

not address every unique hiring 

situation. FNS will provide guidance 

and work with the State agencies to 

address unique situations at the State 

and SFA levels as they are identified 

through implementation. 

The hiring standards established by 

this final rule are effective July 1, 2015, 

as proposed. Most commenters did not 

oppose the proposed implementation 

date, or instead requested a different 

implementation date. The hiring 

standards are for new hires only, and 

are not significantly different from the 

educational levels that most current 

directors nationwide have already 

attained. Therefore, delaying 

implementation of the hiring standards 

is not reasonable. 

One stakeholder noted that modifying 

hiring procedures takes time, and 

suggested the effective date of the rule 

be at least two years following 

publication. The commenter expressed 

concern about the rule’s effective date 

and the impact on hires made for the 

school year 2015–2016. To address this 

concern, FNS will give the State 

agencies and LEAs the flexibility to hire 

a candidate that meets the State/local 

employment requirements in place prior 

to July 1, 2015, provided the State 

agency or LEA advertises a vacancy 

prior to the final rule’s effective date. 

To facilitate implementation of the 

hiring standards, FNS will work closely 

with the State agencies to examine 

unique situations and determine the 

appropriate course of action. 

Accordingly, this final rule codifies the 

hiring standards for school nutrition 

program directors in § 210.30(b)(1), and 

the hiring standards for State directors 

in § 235.11(g)(1) and § 235.11(g)(2). 

Prior Food Safety Training 

Public Comments: Thirty commenters 

addressed the hiring standard in 

§ 210.30(b)(1)(v) of the proposed rule 

that would require only new school 

nutrition program directors to have 

completed at least eight hours of food 

safety training within three years prior 

to their starting date, or within 30 

calendar days of their starting date. 

Some commenters said that food safety 

in school meals is extremely important 

and, therefore, new and existing SFA 

directors should be required to complete 

this food safety training. A few 

commenters recommended the 

requirement be extended to all SFA 

employees. Other commenters said that 

new SFA directors should have more 

than 30 days from the date of hiring to 

complete the eight hours of food safety 

training. Suggested timeframes included 

60 days, 90 days, 6 months, 1 year, and 

until the employee is no longer on 

probation. 

Many commenters suggested that the 

food safety training certification period 

be extended from three to five years, 

consistent with ServSafe (the food and 

beverage safety training and certificate 

programs administered by the National 

Restaurant Association). Several 

suggested that ServSafe be considered 

acceptable food safety training, and a 

few said that annual food sanitation 

training should be sufficient. A 

commenter also addressed jurisdictional 

considerations regarding food safety 

regulations in Tribal Nations. 

FNS Response: FNS agrees with 

commenters that food safety is critical 

for the school nutrition programs. This 

final rule retains the proposed food 

safety training for new school nutrition 

program directors but extends the 

certification period from three to five 

years, as suggested by commenters. This 

change is consistent with ServSafe, 

which is an existing, national food and 

beverage safety training and certificate 

program. New directors that have not 

completed at least eight hours of food 

safety training within five years prior to 

their starting date must complete the 

required training within 30 calendar 

days of their starting date. FNS is not 

extending the 30-day period for 

allowing completion of food safety 

training for new hires because food 

safety training is critical to ensure safe 

school meals. The State agencies have 

discretion to impose stricter standards 

and, therefore, may require current 

school nutrition program directors, 

regardless of their starting date, and all 

employees involved in food handling to 

be certified in food safety every five 

years. Accordingly, this final rule 

codifies the prior food safety 

requirement for new school nutrition 

program directors in § 210.30(b)(1)(v). 

A few commenters discussed unique 

scenarios, including how to apply the 

prior food safety training requirement to 

an individual that serves in two 

completely different capacities, such as 

school principal and school nutrition 

program director. FNS will work with 

the State agencies to address unique 

hiring situations as they come up during 

implementation. In addition, we will 

continue existing regular conversations 


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with Tribal Nations to clarify any issues 

pertaining to implementation of the 

hiring requirements in school meal 

programs operated on Indian 

reservations. 

Training Standards 

Public Comments: Seventy-nine 

commenters addressed the annual 

continuing education/training 

requirements for school nutrition 

program directors in § 210.30(b)(3) of 

the proposed rule, 58 commenters 

discussed the training requirements for 

managers in § 210.30(c), and 105 

commenters discussed the training 

requirements for staff (including those 

working less than 20 hours per week) in 

§ 210.30(d). Above all, commenters 

recommended that the required training 

on the topics specified in the proposal 

be job-specific. They also asked that 

FNS clarify what activities count as 

training, and suggested that nonclassroom activities such as annual 

conferences, self-study, on-the-job 

training, and SFA/FNS annual meetings 

count as training. Some also said that 

SFA directors should determine the 

training needs of their managers and 

staff. A few commenters suggested that 

only staff that are directly involved in 

food production be required to receive 

training. 

Commenters also expressed concern 

about the required number of annual 

training hours and the staff’s availability 

to receive training. Several said that the 

required training hours are too 

burdensome, training could take too 

much time away from work, and it is 

difficult to find substitutes to assist 

during the training periods. Suggested 

annual training hours ranged from 4–12 

hours for program staff, and from 5–8 

hours for program managers. Several 

commenters stressed that employees 

should not be expected to complete 

training outside of their normal work 

hours. A few commenters opposed the 

flexibility to allow the school nutrition 

program directors to count training 

offered to staff toward their own 

required training hours. They said that 

SFA directors who are already familiar 

with the training topics would not learn 

anything new. Many commenters voiced 

concerns about the feasibility of the 

proposed training requirements for 

employees in small SFAs. They said 

that college and internet access are not 

easily accessible to many employees in 

rural areas. 

Commenters asked FNS to clarify the 

required training topics for SFA 

personnel. Some said the proposed 

training topics are too specific and not 

applicable to all staff. A commenter 

recommended that topics such as 

budget, and staff management and 

training be included in the required 

training topics for school nutrition 

program directors. Another suggested 

training on communication, cultural 

conflicts, conflict resolution, marketing, 

advocacy, and other topics. 

Commenters also asked FNS to clarify 

the allowable training formats/types and 

the acceptable training sources. They 

recommended that a variety of training 

formats, such as online and classroom 

training, self-study, on-the-job training, 

FNS webinars, conferences, etc. be 

allowed. 

The use of the school foodservice 

fund to pay for annual continuing 

education/training expenses was a 

concern raised by commenters. They 

argued that that the proposed annual 

training requirements could be 

financially burdensome. In addition, 

many of them opposed the prohibition 

in § 210.30(f) of the proposed rule that 

disallows the use of food service funds 

to pay for the cost of college credits to 

meet the hiring standards. 

Commenters also asked FNS to clarify 

how the training requirements will 

apply to staff working less than 20 hours 

per week, employees hired mid-year, 

temporary and substitute workers, 

employees with multiple roles, and 

volunteers. A few commenters 

supported prorating the required 

training hours for employees that work 

less than 20 hours per week. However, 

a commenter said it is difficult to 

predict if volunteers and substitutes will 

work 20 hours and be subject to the 

training requirements. Two commenters 

suggested that USDA collect and share 

data on the numbers and/or percentages 

of staff averaging less than 20 hours of 

work or less per week in order to 

determine required training hours for 

part time staff. They suggested that if a 

large percentage of cooks/servers work 

this reduced number of hours, those 

employees be required to meet the 

requirements for full-time workers to 

ensure the healthfulness and safety of 

school meals. 

FNS Response: Annual, job-specific 

training is the best way to ensure that 

school nutrition program personnel at 

all levels maintain and upgrade their 

skills to meet the needs of students, and 

to effectively implement Program 

requirements. We understand that State 

agencies and SFAs typically hold 

trainings prior to the beginning of the 

school year. We anticipate that most of 

the training topics and hours for school 

nutrition program directors, managers, 

and staff will be completed at that time 

to minimize work disruptions while 

school is in session, and to ensure that 

all employees understand Program 

requirements to adequately perform 

their duties. However, employees may 

also receive training at other times 

during the year and apply it to their 

annual training requirement. For 

example, during the school year staff 

may receive training on the operation of 

new equipment, on new policies as they 

emerge, or when an administrative 

review identifies issues that need 

correction. 

In response to commenters’ concerns 

about the feasibility of the training 

hours required at the SFA level, this 

final rule makes several important 

changes to the proposed rule. First, the 

final rule reduces the required annual 

training hours as follows: 

• School nutrition program director— 

12 annual training hours (15 hours 

proposed). 

• School nutrition program 

managers—10 annual training hours (12 

hours proposed). 

• School nutrition program staff—6 

annual training hours (8 hours 

proposed). 

Second, to facilitate implementation 

of the requirements, this rule phases in 

the training hour requirements for 

directors, managers, and staff. In school 

year 2015–2016, the first year of 

implementation, program directors must 

complete 8 hours of training; program 

managers, 6 hours of training; and 

program staff, 4 hours of training. 

Training received three months prior to 

July 1, 2015, may count toward the first 

year training requirements for all 

directors, managers, and staff. 

Therefore, training received on or after 

April 1, 2015, may count toward the 

training requirements for school year 

2015–2016. 

Beginning school year 2016–2017, the 

second year of implementation, program 

directors must complete the 12 hours of 

annual training, program managers must 

complete 10 hours, and staff must 

complete 6 hours. Accordingly, this 

final rule updates and codifies the 

required annual training hours for 

program directors in § 210.30(b)(3), for 

program managers in § 210.30(c), and 

for program staff in § 210.30(d). 

Third, for program staff working less 

than 20 hours per week, this final rule 

establishes a uniform requirement of 4 

hours of annual training, instead of 

requiring that the annual training hours 

be proportional to the hours worked. 

Establishing a uniform number of 

training hours for this group of 

employees is intended to keep the 

training requirements simple and 

feasible for all LEAs, as requested by 

commenters. Although suggested by a 

commenter, FNS will not collect data on 

the number or percentage of employees 


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working less than 20 annual training 

hours per week as part of this 

rulemaking. If necessary, such data 

would be collected outside of the 

regulatory process, most likely as part of 

our regular program evaluation efforts. 

For flexibility, all employees hired 

January 1 or later during any school year 

are only required to complete at least 

half of the required training hours for 

their position—director, manager, or 

staff. In addition, this final rule gives 

the State agencies discretion to decide if 

acting personnel, temporary workers 

and volunteers must complete annual 

training. FNS strongly encourages 

health and safety training for all staff 

involved in food handling and for 

others, as applicable. 

Fourth, this final rule requires annual 

training for all employees at the SFA 

level, but gives the State agency 

discretion to assess compliance with the 

training requirements over a period of 

two school years. If allowed by the State 

agency statewide, program directors, 

managers, and staff may complete the 

required training hours over a two-year 

period, provided that some training 

hours are completed each school year. 

FNS is providing this flexibility because 

some commenters indicated that the 

ability to participate in training 

activities annually is determined by 

different factors, and may vary from 

year to year. 

It is important to stress that while 

some carryover may be allowed by the 

State agency, school nutrition 

employees are expected to complete 

some training each school year as 

required by this final rule. Allowing 

SFA employees to carry over excess 

training hours to another school year is 

intended for operational flexibility and 

to facilitate compliance with the 

professional standards. For example, a 

program manager is required to 

complete 10 hours of annual training. 

Over a two-year period, the manager 

may complete 9 hours of training 

through an annual conference, and 11 

hours of online training the following 

school year. FNS will provide more 

guidance on this flexibility, but it is 

important that the SFA retain 

documentation to show during an 

administrative review how the SFA 

employees have complied with the total 

required training hours over the two 

year period. 

An SFA director or manager may 

count the training offered to his/her staff 

toward part of his/her own annual 

training requirement. This flexibility is 

allowed because program directors must 

keep learning in order to communicate 

and help implement new policies and 

procedures through the training offered 

to SFA personnel. Program policies and 

procedures are expected to continue to 

evolve to reflect advances in nutrition 

science and to incorporate new statutory 

requirements intended to enhance 

Program meals, access and integrity. 

Therefore, preparing for and imparting 

knowledge can help an SFA director or 

manager cement his/her knowledge of 

the school meal programs. 

With regard to the list of training 

topics for SFA directors, section 7(g)(2) 

of the CNA requires training in 

administrative practices (including 

application, certification, verification, 

meal counting, and meal claiming 

procedures), nutrition, health and food 

safety standards and methodologies, and 

any other topics, as determined by FNS. 

These training topics must be offered to 

the SFA personnel, as applicable. State 

directors are not required to seek 

approval from FNS before receiving or 

providing training, but must keep 

records to demonstrate training 

completion. The training topics 

specified in § 210.30(b)(3), § 210.30(c) 

and § 210.30(d) of this final rule must be 

completed annually, or as needed, in 

order to be informed of the most current 

policies and regulatory requirements, 

and to refresh existing knowledge. Each 

individual employee at the SFA level 

must receive and complete training on 

the topics or areas applicable to his/her 

job, or as required by FNS. 

The amendments made to the CNA by 

the HHFKA give the Secretary authority 

to require any other appropriate training 

topic to address critical issues, such as 

Program integrity. Therefore, the 

Secretary may require, as needed, that 

SFA employees complete specific 

training topic(s) or course(s) identified 

by FNS to address crucial Program 

needs. FNS does not anticipate that 

such action will take place annually, but 

may take such action in response to 

important Program issues. If a specific 

training topic or course is required by 

FNS, it will be available at low cost or 

no cost, and in a variety of formats. 

Accordingly, this final rule codifies the 

training requirements for State directors 

of school nutrition programs and 

distributing agencies in § 235.11(g)(3); 

and the training requirements for school 

nutrition program directors, managers 

and staff in § 210.30(b)(3), § 210.30(c), 

and § 210.30(d), respectively. 

As requested by commenters, this 

final rule also allows a variety of 

training formats, both online (webinars, 

interactive online sessions, etc.) and inperson (classroom training, in-service 

training, seminars, public speakers, 

etc.). Training from a variety of sources 

is acceptable, including the National 

Food Service Management Institute 

(NFSMI), in-house/SFA, State agencies, 

FNS Team Nutrition, the School 

Nutrition Association (SNA), 

professional associations/organizations, 

and reputable commercial vendors. FNS 

is working in partnership with the 

NFSMI to make free or low-cost training 

available in a variety of formats. More 

than 450 existing training resources in 

a variety of formats are already listed on 

the professional standards Web site 

(http://professionalstandards 

.nal.usda.gov). Any of these resources 

are considered appropriate to meet the 

requirements of this rule. School 

nutrition staff may find training that 

meets their learning needs by 

conducting advanced searches for 

specific topic areas, training format, 

training length, learning objectives, and 

training location. 

Several commenters addressed the 

use of school food service funds to pay 

for employee training. Annual 

continuing education/training is an 

allowable use of the nonprofit school 

food service account and of State 

Administrative Expense funds. The 

training costs must be reasonable, 

allocable, and necessary in accordance 

with the cost principles set forth in 2 

CFR part 200, Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards. 

However, the cost of college credits 

incurred by an individual to meet the 

hiring standards for the positions of 

State director or SFA director is not an 

allowable expense. Meeting the hiring 

standards is the sole responsibility of a 

job applicant. Accordingly, this final 

rule codifies in § 210.30(f) and in 

§ 235.6(a)(a–1) the prohibition regarding 

the payment of college credits to meet 

hiring standards. To clarify, annual 

continuing education/training of current 

school nutrition personnel should be 

encouraged and may be supported by 

the State agency and the SFA through 

available funds. And although funds 

may not be used to earn college credit 

to meet the hiring standards, the 

restriction on the use of funds does not 

apply to college courses required for 

annual continuing education/training 

purposes; in such cases, the State 

agency and the SFA may assess if the 

use of Program funds meets Federal 

standards. 

With regard to the training for State 

director of school nutrition programs 

and State director of distributing 

agencies, this final rule retains the 

proposed requirement that State 

directors complete 15 hours of annual 

training in core areas such as nutrition, 

operations, administration, 

communications and marketing, as well 

as additional training topics and hours 


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specified by FNS annually, as necessary. 

Only three commenters addressed this 

provision and they mostly agreed with 

the proposed requirement. FNS wishes 

to clarify that we will only require State 

directors to complete additional training 

topics and hours if necessary to address 

critical Program issues, such as Program 

integrity. In addition, when an 

individual performs both State agency 

functions, the annual training 

requirement remains 15 hours because 

the core areas of training are the same. 

Accordingly, the annual training 

requirement for State directors is 

codified in § 235.11(g)(3) of the final 

rule. 

Definitions 

Public Comments: Ten commenters 

addressed the proposed definitions for 

‘‘School nutrition program directors,’’ 

‘‘School nutrition program managers,’’ 

and ‘‘School nutrition program staff’’ set 

forth in § 210.2. Some asked FNS to 

provide more specific definitions. 

Others stated that in small and rural 

SFAs, an individual often performs 

more than one job. A commenter asked 

FNS to provide a definition for ‘‘State 

director of distributing agencies.’’ 

FNS response: FNS recognizes that 

there are varying structures within each 

SFA; therefore, the proposed definitions 

for directors, managers, and staff are 

intended to be general and describe the 

function/role in broad terms to be 

applicable to most SFAs. They also 

provide some distinction between the 

three levels to help districts determine 

which category employees or groups of 

employees would fall under each 

definition. The definition of ‘‘School 

nutrition program directors’’ refers to 

the local individuals directly 

responsible for the management of the 

day-to-day operations of the school 

nutrition programs for all participating 

schools under the jurisdiction of the 

SFA. The definition of ‘‘School 

nutrition program managers’’ refers to 

those individuals directly responsible 

for the day-to-day operations of the 

school nutrition programs for a 

participating school(s). ‘‘School 

nutrition program staff’’ refers those 

local individuals without managerial 

responsibilities who are involved in 

routine operations of the school 

nutrition programs for a participating 

school(s). Program staff may include, for 

example, those individuals who prepare 

and serve meals, process transactions at 

point of service, and review the free/

reduced price applications. These 

definitions apply whether or not an SFA 

is operated by a food service 

management company. If a new 

employee will work in more than one 

position, only the higher level position 

requirements apply. Accordingly, this 

final rule codifies the proposed 

definitions in § 210.2. 

This final rule does not define ‘‘State 

director of school nutrition program’’ 

and ‘‘State director of distributing 

agencies.’’ Due to varying staffing 

protocols, vacancies or for other 

reasons, an individual performing 

director duties may have a different 

title, or sometimes performs both roles 

fully or partially. In light of these 

different scenarios, FNS believes, in this 

case, it is not practical to set definitions 

that cannot fully describe the broad 

array of diverse situations. It is more 

important to specify the responsibility 

for administration of the school 

nutrition and USDA Foods programs as 

a reference for who is subject to the 

requirements, regardless of the job title 

they may hold in a particular State. 

We wish to clarify that the standards 

apply to those responsible for the 

administration of the NSLP, SBP, and 

the distribution of USDA Foods at the 

State level. Although we recognize that 

sometimes the individual responsible 

for the distribution of USDA Foods 

might not have a position equivalent to 

that of the State director of school 

nutrition programs, proper 

administration of the distribution of 

USDA Foods is critical to the effective 

and efficient operations of the school 

meal programs, and requires the 

education and training proposed. 

Accordingly, the final rule adds a 

clarification in the description of a State 

director as the person responsible for 

the administration of the NSLP, SBP, 

and/or the distribution of USDA 

donated foods at the State level in the 

opening statements of § 235.11(g)(1) and 

§ 235.11(g)(2). 

Recordkeeping Requirements 

Public Comments: Twenty-three 

commenters discussed the proposed 

recordkeeping requirements in 

§ 210.15(b)(8), § 210.20(b)(15), and 

§ 235.11(g)(5). Commenters asked FNS 

to clarify the recordkeeping period to 

demonstrate compliance with the 

professional standards. Several of these 

commenters said the recordkeeping 

burden is underestimated because, in 

their view, documenting that each 

employee receives annual training will 

result in additional paperwork for SFAs. 

Some commenters also asked FNS to 

clarify who is responsible for tracking 

the hours of training completed by the 

school nutrition program director, 

manager and staff, and what 

documentation is acceptable. Several 

suggested that FNS develop a tracking 

mechanism to assist the SFAs. 

FNS Response: It appears there was 

misunderstanding regarding the 

proposed recordkeeping requirements. 

FNS estimated a one-time recordkeeping 

activity of 15 minutes per respondent 

(State agencies, SFAs/LEAs, and 

schools) to document compliance with 

annual training at the State and local 

levels. FNS understands that most State 

agencies and SFAs conduct annual 

training on a variety of topics prior to 

the beginning of the school year. In 

addition, training is sometimes offered 

on-the-job during the school year, or 

may be undertaken by an individual 

employee. We envision minimum 

recordkeeping associated with these 

types of training activities. FNS is 

developing an optional downloadable 

tool to help the school nutrition 

program director keep track of the 

training activities at the SFA level. With 

this tool, an SFA may generate annual 

records for verification of training 

completed. Documentation such as 

copies of the training agenda, sign-up 

sheets, and other paper documents 

would also be acceptable. Each SFA 

decides how to maintain the records to 

document training completion. 

The school nutrition program director 

is ultimately responsible for 

demonstrating, during the 

administrative review, that the SFA is in 

compliance with the professional 

standards. Professional standards 

records must be retained for a period of 

three years, consistent with other 

recordkeeping requirements in 7 CFR 

part 210. Accordingly, this final rule 

codifies the recordkeeping requirements 

in § 210.15(b)(8), § 210.20(b)(15), and 

§ 235.11(g)(5). 

SFA Oversight 

Public Comments: Twenty-seven 

commenters addressed the requirement 

in § 210.30(g) of the proposed rule, 

which stipulates that the SFAs must 

document compliance with the 

applicable professional standard 

requirements annually. The provision 

specifies that documentation must be 

sufficient to demonstrate during an 

administrative review that the program 

director meets the hiring and training 

standards, and that each employee has 

completed the applicable required 

training no later than the end of each 

school year. Many of the commenters 

asked how to document compliance 

with the training requirements and 

handle cases of non-compliance. 

FNS Response: SFAs must encourage 

and facilitate compliance with the 

professional standards. As such, SFAs 

must monitor and document an 

employee’s continuing education/

training progress periodically 


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throughout the year to ensure that each 

employee is or will be in compliance 

with the training requirements by the 

end of each school year, and that the 

program directors meet the training and 

hiring requirements. FNS will issue 

guidance and disseminate best practices 

to encourage compliance with the 

professional standards. We are also 

developing a training tracking tool that 

can be used by individual employees or 

by managers or directors for their entire 

staff. Accordingly, this final rule 

codifies the SFA oversight requirement 

in § 210.30(g). 

Administrative Reviews 

Public Comments: Seven commenters 

addressed the provision in 

§ 210.18(h)(7) of the proposed rule that 

requires the State agency to monitor an 

SFA’s compliance with professional 

standards as part of the general areas of 

the administrative review. Commenters 

asked FNS to explain the enforcement 

strategy and the documents needed to 

show SFA compliance with the 

requirements. 

FNS Response: Monitoring an SFA’s 

compliance with the professional 

standards will be addressed through an 

update to the Administrative Review 

Manual and related tools and forms for 

School Year (SY) 2015–2016. As part of 

the general areas of review, the State 

agency is expected to examine records 

that document completion of applicable 

hiring and continuing education/

training requirements. Although FNS 

does not require one specific document, 

college transcripts or degrees for new 

hires, food safety certifications, training 

certificates, attendance sign-in sheets, 

and training agendas are all examples of 

documents that an SFA may submit to 

demonstrate compliance with the 

professional standards. 

FNS recognizes that school year 

2015–2016 may be a period of transition 

as establishing professional standards 

may involve significant changes for 

some SFAs. During this transition 

period, State agencies are expected to 

focus on providing guidance and 

technical assistance to help SFAs move 

toward compliance. In the first year of 

implementation, State agencies should 

work closely with the SFAs 

experiencing challenges to help them 

solve unique issues. Accordingly, this 

final rule codifies the State agency’s 

monitoring responsibilities in 

§ 210.18(h)(7). 

Miscellaneous Issues Addressed by 

Commenters 

Grandfathering 

Commenters addressed 

grandfathering, the practice of 

exempting existing personnel from the 

new requirements. Many commenters 

asked how existing employees will be 

grandfathered and for what duration. 

Some also addressed grandfathering and 

work mobility. Others expressed 

concern about the ability of existing 

employees to advance in their careers. 

FNS supports grandfathering current 

State agency directors and school 

nutrition program directors from the 

hiring standards established by this 

final rule. These individuals have 

generally demonstrated their ability to 

capably perform their job duties. 

Therefore, current SFA directors will be 

able to remain in their positions or 

transfer to a similar position in another 

LEA of the same size category (student 

enrollment) without having to meet the 

new hiring standards. However, 

grandfathering does not apply to the 

continuing education/annual training 

standards because all personnel, at both 

the State and local levels, need annual 

continuing education/training to 

maintain or upgrade their skills. 

State and Local Control of Meal 

Programs 

A few commenters addressed the 

potential impact of the professional 

standards regulations on the State and 

local administration of the meal 

programs. They expressed concern that 

the professional standards may not be 

consistent with local hiring/training 

practices and procedures. A few 

mentioned a possible interference with 

existing union contracts. 

FNS recognizes that the State agency 

and the local educational agency have 

administrative control of public or 

private nonprofit educational 

institutions within a defined area of the 

State. The State agency and SFA have 

legal authority to operate the Federal 

school meal programs and bear 

responsibility for the proper operation 

of these programs according to Federal 

regulations. The professional standards 

established by this final rule preempt 

existing State and local regulations, 

policies, etc. that may interfere with 

nationwide implementation of these 

new regulations. Prior to developing the 

proposed professional standards, FNS 

sought input from invited stakeholders 

representing a variety of State agencies, 

local educational agencies (both large 

and small), professional associations 

and other constituencies concerned 

with the school nutrition programs. The 

information shared by these groups 

regarding hiring criteria for State agency 

directors, minimum education and 

training requirements for school 

nutrition directors, and training 

requirements for school nutrition 

managers and staff were considered 

when drafting these professional 

standards regulations. FNS also 

considered the public comments 

received in response to the proposed 

regulations. 

FNS does not expect that 

implementation of national professional 

standards will interfere with the State/ 

local management of school meal 

programs. This final rule establishes 

minimum hiring standards and training 

requirements that are expected to 

increase the ability of the State and local 

operators to properly manage the meal 

programs. The regulations allow State 

agencies and/or SFAs to establish their 

own professional standards, as long as 

such standards are not inconsistent with 

the minimum professional standards 

established by FNS. 

Some commenters indicated that the 

professional standards may be in 

conflict with some labor union contract 

provisions. Professional standards 

requirements and the implementation 

timeframes provided in this rule are 

federal law and thus preempt such 

provisions. Should it be necessary, FNS 

will work with the State agencies to 

address unique issues as they are 

identified. 

III. Summary of Changes to Proposal 

As explained earlier, FNS considered 

the commenters’ concerns and 

suggestions and is updating parts of the 

proposal to focus more on school 

nutrition experience, and to facilitate 

nationwide implementation of the 

professional standards in all SFAs. The 

following is a summary of the changes 

and clarifications being made in this 

final rule. 

Hiring Standards for SFAs 

The final rule: 

• Eases the hiring requirements for 

the small LEAs (2,499 or less students) 

by reducing the required school 

nutrition program experience (from five 

to three years) for applicants with a high 

school diploma. See § 210.30(b)(1)(i)(D). 

• Allows the State agency discretion 

to approve (for an LEA with less than 

500 students) the employment of a 

candidate that meets the educational 

standards but has less than the required 

school nutrition program experience. 

See § 210.30(b)(1)(i)(D). 

• Establishes another hiring path for 

mid-size LEAs (2,500–9,999 students) 

that emphasizes relevant experience 


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(two years of school nutrition program 

experience and a bachelor’s degree with 

a non-specific academic major). See 

§ 210.30(b)(1)(ii)(C). 

• Increases the required school 

nutrition experience (from one to two 

years) for applicants who have an 

associate’s degree with an academic 

major in specific areas and are seeking 

to work in a mid-size LEA (2,500–9,999 

students). See § 210.30(b)(1)(ii)(D). 

• Provides another hiring path for 

large LEAs (10,000 or more students) 

that emphasizes relevant experience 

(five years of experience in managing 

school nutrition programs) and a 

bachelor’s degree with a non-specific 

academic major. See 

§ 210.30(b)(1)(iii)(C). 

• Removes the proposed, separate 

hiring standards for LEAs with 25,000 

or more students. 

• Extends the effective period of the 

SFA director’s food safety certification 

from three to five years, and allows the 

State agency discretion to extend the 

requirement to current SFA directors 

(those hired prior to July 1, 2015) and 

other personnel, as appropriate. See 

§ 210.30(b)(1)(v). 

• Allows the State agency discretion 

to require that acting school nutrition 

program directors that will serve for 

more than 30 days to meet the 

established hiring standards. See 

§ 210.30(b)(1)(iv). 

• Allows the State agencies and LEAs 

the flexibility to hire qualified 

candidates who meet the hiring 

standards in place prior to July 1, 2015, 

if the positions were advertised prior to 

the effective date of this rule. 

• Updates the summary chart to 

reflect the hiring standards for SFA 

directors implemented by this final rule. 

See § 210.30(b)(2). 

Annual Training Requirements for SFAs 

The final rule: 

• Phases in the required number of 

annual training hours for all school 

nutrition program personnel at the SFA 

level in school year 2015–2016 with a 

minimum of: 

Æ 8 hours of training for school 

nutrition program director—see 

§ 210.30(b)(3). 

Æ 6 hours of training for school 

nutrition program manager—see 

§ 210.30(c). 

Æ 4 hours of training for school 

nutrition program staff—see § 210.30(d). 

• Reduces the required number of 

annual continuing education/training 

hours for all school nutrition program 

personnel at the SFA level. The 

following required annual training 

hours apply beginning school year 

2016–2017: 

Æ 12 hours of annual training for 

school nutrition program director—see 

§ 210.30(b)(3). 

Æ 10 hours of annual training for 

school nutrition program manager—see 

§ 210.30(c). 

Æ 6 hours of annual training for 

school nutrition program staff—see 

§ 210.30(d). 

• Establishes a uniform, minimum 

requirement of 4 hours of annual 

training for all school nutrition program 

staff that work less than 20 hours per 

week. See § 210.30(d). 

• Clarifies that FNS has authority to 

require SFA directors, managers, and 

staff to complete specific training topics 

or courses, as needed, to promote 

Program integrity or to address other 

critical Program issues. See 

§ 210.30(b)(3), § 210.30(c)(5) and 

§ 210.30(d)(6), respectively. 

• Prorates the required training hours 

for employees hired mid-year. If hired 

January 1 or later, an employee must 

only complete half of the required 

training hours for that school year. See 

§ 210.30(e). 

• Requires annual training for all SFA 

employees, but gives the State agency 

discretion to monitor an SFA’s 

compliance with the requirements over 

a period of two years to allow 

operational flexibility at the local level. 

See § 210.30(e). 

• Gives the State agency discretion to 

require acting and temporary staff, 

substitutes and volunteers in an SFA to 

complete training in one or more of the 

topics listed in § 210.30(d), as 

applicable, within 30 calendar days of 

their start date. See § 210.30(e). 

• Clarifies that school food service 

funds may be used to pay for annual 

training costs that are reasonable, 

allocable and necessary, but must not be 

used to pay for the cost of college 

credits incurred by an individual at the 

SFA to meet the hiring standards 

established by this rule. See § 210.30(f). 

• Specifies that the SFA director or 

another official with similar authority 

must document compliance with the 

professional standards established for 

the school nutrition program director, 

manager, and staff. See § 210.30(g). 

Hiring Requirements for State Agencies 

The final rule codifies the proposed 

hiring requirements for State directors 

of school nutrition programs in 

§ 235.11(g)(1) and the proposed hiring 

requirements for State directors of 

distributing agencies in § 235.11(g)(2). 

There are no changes to these specific 

proposed provisions. 

Annual Training Requirements for State 

Agencies 

The final rule: 

• Clarifies that State agency funds 

may be used to pay for annual training 

costs for the State director, but must not 

be used to pay for the cost of college 

credits incurred by an individual to 

meet the hiring standards established by 

this rule. See § 235.6(a)(a–1). 

• Clarifies that FNS has authority to 

require State directors to complete 

additional training topics and/or hours 

specified by FNS, as needed, to promote 

Program integrity or to address other 

critical Program issues. See 

§ 235.11(g)(3). 

• Clarifies that the State agency must 

ensure that State agency staff receives 

annual training. See § 235.11(g)(4). 

• Clarifies that the State director of 

school nutrition programs must offer the 

SFAs 18 hours of training in specific 

topics, including topics identified by 

FNS as needed, to promote Program 

integrity or to address other critical 

Program issues. See § 235.11(g)(4)(i). 

• Clarifies that the State director of 

distributing agencies must provide the 

staff, or ensure staff receives, training in 

specific topics, including topics 

identified by FNS, as needed, to 

promote Program integrity or to address 

other critical Program issues. See 

§ 235.11(g)(4(ii). 

Recordkeeping Requirements for SFAs 

and State Agencies 

There are no changes to the proposed 

recordkeeping requirements. The final 

rule requires recordkeeping for a period 

of three years, which is consistent with 

other recordkeeping requirements 

established in Part 210. See 

§ 210.15(b)(8), § 210.20(b)(15) and 

§ 235.11(g)(5). 

Definitions 

There are no changes to the proposed 

definitions. The final rule codifies 

proposed definitions for ‘‘School 

nutrition program directors,’’ ‘‘School 

nutrition program managers,’’ and 

‘‘School nutrition program staff’’ in 

§ 210.2. 

IV. Professional Standards 

Requirements: Summary Charts 

This final rule establishes the 

following hiring standards for new State 

agency directors: 


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SUMMARY OF HIRING STANDARDS FOR NEW STATE AGENCY DIRECTORS

State director of school nutrition program State director of distributing agencies 

Minimum Education Standards (required) (new directors only).A bachelor’s degree with an academic major in areas 

including food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related 

field.

A bachelor’s degree with any academic major. 

Knowledge & Experience ..... Extensive relevant knowledge and experience in areas such as institutional food service operations, management, 

business, and/or nutrition education. 

Skills & Abilities .................... Additional abilities and skills needed to lead, manage, and supervise people to support the mission of Child Nutrition Programs. 

This final rule establishes the 

following annual continuing education/ 

training standards for all State agency 

directors: 

SUMMARY OF TRAINING STANDARDS FOR ALL STATE AGENCY DIRECTORS

State director of school nutrition programs State director of distributing agencies 

• Each school year, must complete at least 15 hours of annual continuing education/training in core areas, such as nutrition, operations, 

administration, communications, and marketing Additional hours and 

topics may be specified by FNS annually, as necessary.

• Must also provide or ensure that State agency staff receives annual 

continuing education/training.

• Must provide the SFAs at least 18 hours annually of training in topics 

such as administrative practices (training in application, certification, 

verification, meal counting and meal claiming procedures); the accuracy of approvals for free and reduced price meals; the identification 

of reimbursable meals at the point of service; nutrition; health and 

food safety standards; the efficient and effective use of USDA foods; 

and any other appropriate topics, as determined by FNS, to ensure 

program compliance and integrity.

• Each school year, must complete at least 15 hours of annual continuing education/training in core areas, such as nutrition, operations, administration, communications, and marketing Additional 

hours and topics may be specified by FNS annually, as necessary. 

• Must also provide or ensure that State agency staff receives annual 

continuing education/training in topics such as the efficient and effective use of USDA donated foods; inventory rotation and control; 

health and food safety standards; and any other appropriate topics, 

as determined by FNS, to ensure program compliance and integrity. 

This final rule establishes the 

following hiring standards for new 

school nutrition program directors: 

SUMMARY OF SCHOOL NUTRITION PROGRAM DIRECTOR PROFESSIONAL STANDARDS BY LOCAL EDUCATIONAL AGENCY

SIZE

Minimum requirements for directors Student enrollment 2,499 or less Student enrollment 2,500–9,999 Student enrollment 10,000 or more 

Minimum Education 

Standards (required) (new directors only).

Bachelor’s degree, or equivalent educational experience, with academic 

major or concentration in food and 

nutrition, food service management, 

dietetics, family and consumer 

sciences, nutrition education, culinary arts, business, or a related field 

Bachelor’s degree, or equivalent educational experience, with academic 

major or concentration in food and 

nutrition, food service management, 

dietetics, family and consumer 

sciences, nutrition education, culinary arts, business, or a related 

field; 

Bachelor’s degree, or equivalent educational experience, with academic 

major or concentration in food and 

nutrition, food service management, 

dietetics, family and consumer 

sciences, nutrition education, culinary arts, business, or a related 

field; 

OR OR OR 

Bachelor’s degree, or equivalent educational experience, with any academic major or area of concentration, and a State-recognized certificate for school nutrition directors; Bachelor’s degree, or equivalent educational experience, with any academic major or area of concentration, and a State-recognized certificate for school nutrition directors; Bachelor’s degree, or equivalent educational experience, with any academic major or area of concentration, and a State-recognized certificate for school nutrition directors; 

OR OR OR 


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SUMMARY OF SCHOOL NUTRITION PROGRAM DIRECTOR PROFESSIONAL STANDARDS BY LOCAL EDUCATIONAL AGENCY

SIZE—Continued 

Minimum requirements for directors Student enrollment 2,499 or less Student enrollment 2,500–9,999 Student enrollment 10,000 or more 

Associate’s degree, or equivalent educational experience, with academic 

major or concentration in food and 

nutrition, food service management, 

dietetics, family and consumer 

sciences, nutrition education, culinary arts, business, or a related 

field; and at least one year of relevant school nutrition programs experience; 

OR 

High school diploma (or GED) and 3 

years of relevant experience in 

school nutrition programs.

Bachelor’s degree in any academic 

major and at least 2 years of relevant school nutrition programs experience 

OR 

Associate’s degree, or equivalent educational experience, with academic 

major or concentration in food and 

nutrition, food service management, 

dietetics, family and consumer 

sciences, nutrition education, culinary arts, business, or a related 

field; and at least 2 years of relevant 

school nutrition programs experience.

Bachelor’s degree in any major and at 

least 5 years experience in management of school nutrition programs. 

Minimum Education 

Standards (preferred) (new directors only).

Directors hired without an associate’s 

degree are strongly encouraged to 

work toward attaining associate’s degree upon hiring.

Directors hired without a bachelor’s degree strongly encouraged to work toward attaining bachelor’s degree 

upon hiring.

Master’s degree, or willingness to work 

toward master’s degree, preferred. 

At least one year of management 

experience, preferably in school nutrition, strongly recommended. 

At least 3 credit hours at the university 

level in food service management 

plus at least 3 credit hours in nutritional sciences at time of hiring 

strongly preferred. 

Minimum Prior 

Training Standards (required) 

(new directors 

only).

At least 8 hours of food safety training is required either not more than 5 years prior to their starting date or completed 

within 30 calendar days of employee’s start date. 

This final rule establishes the 

following annual continuing education/ 

training requirements for all school 

nutrition program directors, managers, 

and staff: 

SUMMARY OF REQUIRED MINIMUM CONTINUING EDUCATION/TRAINING STANDARDS FOR ALL LOCAL EDUCATIONAL AGENCY

SIZES

New and Current Directors .............. Each year, at least 12 hours of annual continuing education/training. 

Includes topics such as: 

• Administrative practices (including training in application, certification, verification, meal counting, 

and meal claiming procedures), and 

• Any specific topics required by FNS, as needed, to address Program integrity or other critical 

issues. 

This required continuing education/training is in addition to the food safety training required in the first year 

of employment. 

New and Current Managers ............ Each year, at least 10 hours of annual continuing education/training. 

Includes topics such as: 

• Administrative practices (including training in application, certification, verification, meal counting, 

and meal claiming procedures), 

• The identification of reimbursable meals at the point of service. 

• Nutrition, health and safety standards, and 

• Any specific topics required by FNS, as needed, to address Program integrity or other critical 

issues. 

New and Current Staff (other than 

the director and managers) that 

work an average of at least 20 

hours per week.

Each year, at least 6 hours of annual continuing education/training. 

Includes topics such as: 

• Free and reduced price eligibility, 

• Application, certification, and verification procedures, 

• The identification of reimbursable meals at the point of service. 

• Nutrition, health and safety standards, and 

• Any specific topics required by FNS, as needed, to address Program integrity or other critical 

issues. 

New and Current Part-Time Staff 

(working less than 20 hours per 

week).

Each year, at least 4 hours of annual continuing education/training (regardless of number of part-time 

hours). 


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V. Implementation Resources 

To assist with implementation of the 

professional standards, USDA has 

established a Web site (http://

professionalstandards.nal.usda.gov) 

that provides an extensive database of 

training opportunities and resources 

covering the four core training areas: 

Nutrition, operations, administration, 

and communications/marketing. 

Information on specific training 

objectives and training topics in each 

area will be available on the Web site as 

well. School nutrition program 

personnel may conduct advanced 

searches within the database to identify 

free or low-cost training opportunities 

and resources in a variety of formats. 

On-line and in-person trainings are 

included in the database. Sources of 

training include NFSMI, State agencies, 

universities/colleges, associations, and 

other groups. In addition, FNS is 

developing a certificate system to help 

SFAs recognize various levels of 

training achievement. Details about the 

certificate system will be provided 

separately. 

To assist individuals in tracking their 

training, a downloadable tool will be 

available for tracking the training 

individuals have completed. It can be 

used by individual employees or by 

managers or directors for their entire 

staff. State agencies will find the tool 

helpful when they complete the 

administrative reviews. 

A Professional Standards Guide will 

contain all the essential information 

needed to understand the professional 

standards requirements for school 

nutrition employees at all levels. It will 

be available in hard copy as well as on 

the internet. Additional materials for 

informing school officials about the new 

standards are being developed as well. 

In addition, USDA will award 

competitive grants to State agencies to 

assist with implementation of the 

professional standards requirements. Up 

to $150,000 may be requested per State 

agency for the anticipated funding 

period of October 1, 2015–September 

31, 2017. 

VI. Procedural Matters 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

This final rule has been determined to 

be not significant and was not reviewed 

by the Office of Management and 

Budget (OMB) in conformance with 

Executive Order 12866. 

Regulatory Impact Analysis 

This rule has been designated as not 

significant by the Office of Management 

and Budget; therefore, a Regulatory 

Impact Analysis is not required. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612) requires Agencies to 

analyze the impact of rulemaking on 

small entities and consider alternatives 

that would minimize any significant 

impacts on a substantial number of 

small entities. Pursuant to that review, 

it has been determined that this final 

rule will not have a significant impact 

on a substantial number of small 

entities. The final rule will establish 

hiring standards for local educational 

agencies of various sizes (2,499 or less 

students, 2,500–9,999 students, and 

10,000 or more students). The hiring 

standards were developed with 

stakeholders’ input, and resemble the 

current educational level attained by 

most school nutrition program directors 

nationwide. The standards, based on 

minimum educational levels ranging 

from high school to bachelor’s degree, 

will apply to new employees only; 

current program directors will be 

exempt from the standards. The final 

rule simplifies implementation of the 

hiring standards in small local 

educational agencies by reducing the 

required years of experience for 

individuals with a high school diploma. 

The final rule also reduces and phases 

in the required annual training hours for 

all employees to minimize the impact 

on the local educational agencies. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

the Department generally must prepare 

a written statement, including a cost 

benefit analysis, for proposed and final 

rules with ‘‘Federal mandates’’ that may 

result in expenditures by State, local or 

tribal governments, in the aggregate, or 

the private sector, of $100 million or 

more in any one year. When such a 

statement is needed for a rule, Section 

205 of the UMRA generally requires the 

Department to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the most cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This final rule does not contain 

Federal mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local and tribal governments or 

the private sector of $100 million or 

more in any one year. Thus, the rule is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. 

Executive Order 12372 

The NSLP and State Administrative 

Expense Funds are listed in the Catalog 

of Federal Domestic Assistance 

Programs under 10.555 and 10.560, 

respectively. For the reasons set forth in 

the final rule in 7 CFR part 3015, 

subpart V, and related Notice (48 FR 

29115, June 24, 1983), this program is 

included in the scope of Executive 

Order 12372, which requires 

intergovernmental consultation with 

State and local officials. 

Federalism Summary Impact Statement 

Executive Order 13132 requires 

Federal agencies to consider the impact 

of their regulatory actions on State and 

local governments. Where such actions 

have federalism implications, agencies 

are directed to provide a statement for 

inclusion in the preamble to the 

regulations describing the agency’s 

considerations in terms of the three 

categories called for under Section 

(6)(b)(2)(B) of Executive Order 13121. 

Prior Consultation With State Officials 

FNS headquarters and regional offices 

have ongoing, formal and informal 

discussions with State agency officials 

regarding the Child Nutrition Programs 

and policy issues. Prior to this 

rulemaking, FNS held several 

conference calls and meetings with 

State agencies to discuss the statutory 

requirements that are the foundation for 

this rule. FNS also discussed the 

professional standards statutory 

requirements with program operators at 

their State conferences. In addition, FNS 

received 2,204 public comments in 

response to the proposed rule (79 FR 

6488). These various forms of 

consultation produced valuable input 

that has been considered in drafting this 

final rule. 

Nature of Concerns and the Need To 

Issue This Rule 

The key concern raised by State 

agencies and local educational agencies 

was the feasibility of the hiring 

standards for local educational agencies, 

especially those with than 500 students. 


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Stakeholders also requested clarification 

of the annual training topics, and 

expressed concern about the required 

number of annual training hours and the 

possible training costs. These concerns 

are discussed in the preamble. 

Extent to Which We Meet Those 

Concerns 

FNS has considered the impact of this 

final rule on State and local operators, 

and has developed a rule that will 

implement the professional standards 

requirements in the most effective and 

least burdensome manner. The final rule 

includes several changes to facilitate 

implementation at all local educational 

agencies. For example, the final rule 

modifies some of the hiring standards to 

be more accepting of relevant work 

experience, reduces the required annual 

training hours for all local educational 

agencies, and phases in the annual 

training requirements. The rule also 

clarifies that program funds may be 

used to pay for employee training that 

is reasonable, allocable and necessary. 

Executive Order 12988, Civil Justice 

Reform 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is intended to 

have preemptive effect with respect to 

any State or local laws, regulations or 

policies which conflict with its 

provisions or which would otherwise 

impede its full and timely 

implementation. However, FNS does 

not expect significant inconsistencies 

between this final rule and existing 

State or local hiring regulations. The 

hiring standards were developed with 

input from State agencies. This rule is 

not intended to have retroactive effect. 

Prior to any judicial challenge to the 

provisions of the final rule, all 

applicable administrative procedures 

under § 210.18(q) or § 235.11(f) must be 

exhausted. 

Civil Rights Impact Analysis 

FNS has reviewed this final rule in 

accordance with the Department 

Regulation 4300–4, ‘‘Civil Rights Impact 

Analysis’’, and 1512–1, ‘‘Regulatory 

Decision Making Requirements,’’ to 

identify and address any major civil 

rights impacts the final rule might have 

on minorities, women, and persons with 

disabilities. After a careful review of the 

proposed rule’s intent and provisions, 

FNS has determined that this final rule 

is not intended to limit or reduce in any 

way the ability of protected classes of 

individuals to receive benefits on the 

basis of their race, color, national origin, 

sex, age or disability, nor is it intended 

to have a differential impact on minority 

owned or operated business 

establishments, and women-owned or 

operated business establishments that 

participate in the Child Nutrition 

Programs. The final rule establishes 

minimum educational requirements for 

new hires, ranging from a high school 

diploma/GED to a bachelor’s degree, 

and annual training requirements for all 

employees. Current school nutrition 

program employees are exempt from the 

new hiring standards. The professional 

standards established by this rule are 

intended to help all employees gain 

knowledge and skills to perform their 

duties effectively, and are not expected 

to be a hiring obstacle for the protected 

classes. 

Executive Order 13175 

Executive Order 13175 requires 

Federal agencies to consult and 

coordinate with Tribes on a 

government-to-government basis on 

policies that have Tribal implications, 

including regulations, legislative 

comments or proposed legislation, and 

other policy statements or actions that 

have substantial direct effects on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

FNS provides regularly scheduled 

quarterly consultation sessions as a 

venue for collaborative conversations 

with Tribal officials or their designees. 

The most recent quarterly consultation 

sessions were held on February 19, 

2014; May 21, 2014; August 20, 2014; 

and November 19, 2014. At the February 

2014 consultation, FNS advised the 

Tribal officials that the proposed rule on 

professional standards had been 

published and encouraged participants 

to submit public comments. There was 

only one question from a participant 

seeking to clarify who was covered by 

the proposed rule. No questions related 

to professional standards arose at 

subsequent Tribal consultations. FNS 

will respond in a timely and meaningful 

manner to any Tribal government 

request for consultation concerning the 

professional standards. We are unaware 

of any current Tribal laws that could be 

in conflict with this final rule. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; see 5 CFR part 

1320) requires that the Office of 

Management and Budget (OMB) 

approve all collections of information 

by a Federal agency from the public 

before they can be implemented. 

Respondents are not required to respond 

to any collection of information unless 

it displays a current, valid OMB control 

number. This is a new collection. The 

provisions in this rule create new 

burden which will be merged into a 

currently approved information 

collection titled ‘‘National School 

Lunch Program’’ (NSLP), OMB Number 

0584–0006, which expires on February 

29, 2016. 

In accordance with the Paperwork 

Reduction Act of 1995, the information 

collection requirements included in this 

final rule, which were filed under 0584– 

0588, have been submitted for approval 

to OMB. When OMB notifies us of its 

decision, we will publish a document in 

the Federal Register providing notice of 

the action. 

E-Government Act Compliance 

The Department is committed to 

complying with the E-Government Act, 

to promote the use of the Internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

List of Subjects 

7 CFR Part 210 

Children, Commodity School 

Program, Food assistance programs, 

Grant programs-health, Grant programseducation, School breakfast and lunch 

programs, Nutrition, Reporting and 

recordkeeping requirements. 

7 CFR Part 235 

Administrative practice and 

procedure, Food assistance programs, 

Grant programs-health, Grant programseducation, School breakfast and lunch 

programs, Nutrition, Reporting and 

recordkeeping requirements. 

Accordingly, 7 CFR parts 210 and 235 

are amended as follows: 

PART 210—NATIONAL SCHOOL 

LUNCH PROGRAM 

■ 1. The authority citation for part 210 

continues to read as follows: 

Authority: 42 U.S.C. 1751–1760, 1779. 

■ 2. In § 210.2, add definitions of School 

nutrition program directors, School 

nutrition program managers, and School 

nutrition program staff in alphabetical 

order. 

The additions read as follows: 

§ 210.2 Definitions. 

* * * * * 

School nutrition program directors are 

those individuals directly responsible 

for the management of the day-to-day 

operations of school food service for all 


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participating schools under the 

jurisdiction of the school food authority. 

School nutrition program managers 

are those individuals directly 

responsible for the management of the 

day-to-day operations of school food 

service for a participating school(s). 

School nutrition program staff are 

those individuals, without managerial 

responsibilities, involved in day-to-day 

operations of school food service for a 

participating school(s). 

* * * * * 

■ 3. Amend § 210.15 as follows: 

■ a. In paragraph (b)(6), remove the 

word ‘‘and’’ at the end; 

■ b. In paragraph (b)(7), remove the 

period and add ‘‘; and’’ in its place; and 

■ c. Add paragraph (b)(8). 

The addition reads as follows: 

§ 210.15 Reporting and recordkeeping 

* * * * * 

(b) * * * 

(8) Records for a three year period to 

demonstrate the school food authority’s 

compliance with the professional 

standards for school nutrition program 

directors, managers and personnel 

established in § 210.30. 

■ 4. Amend § 210.18 by adding new 

paragraph (h)(7) to read as follows: 

§ 210.18 Administrative reviews. 

* * * * * 

(h) * * * 

(7) Professional standards. The State 

agency shall ensure the school food 

authority complies with the professional 

standards for school nutrition program 

directors, managers and personnel 

established in § 210.30. 

* * * * * 

■ 5. Amend § 210.20 as follows: 

■ a. In paragraph (b)(13), remove the 

word ‘‘and’’ at the end; 

■ b. In paragraph (b)(14), remove the 

period and add ‘‘; and’’ in its place; and 

■ c. Add paragraph (b)(15). 

The addition reads as follows: 

§ 210.20 Reporting and recordkeeping. 

* * * * * 

(b) * * * 

(15) Records for a three year period to 

demonstrate compliance with the 

professional standards for State 

directors of school nutrition programs 

established in § 235.11(g) of this 

chapter. 

§§ 210.30 and 210.31 [Redesignated as 

§§ 210.31 and 210.32] 

■ 6. Redesignate § 210.30 and § 210.31 

as § 210.31 and § 210.32, respectively. 

■ 7. Add a new § 210.30 to read as 

follows: 

§ 210.30 School nutrition program 

professional standards. 

(a) General. School food authorities 

that operate the National School Lunch 

Program, or the School Breakfast 

Program (7 CFR part 220), must 

establish and implement professional 

standards for school nutrition program 

directors, managers, and staff, as 

defined in § 210.2. 

(b) Minimum standards for all school 

nutrition program directors. Each school 

food authority must ensure that all 

newly hired school nutrition program 

directors meet minimum hiring 

standards and ensure that all new and 

existing directors have completed the 

minimum annual training/education 

requirements for school nutrition 

program directors, as set forth below: 

(1) Hiring standards. All school 

nutrition program directors hired on or 

after July 1, 2015, must meet the 

following minimum educational 

requirements, as applicable: 

(i) School nutrition program directors 

with local educational agency 

enrollment of 2,499 students or fewer. 

Directors must meet the requirements in 

either paragraph (b)(1)(i)(A), (B), (C), or 

(D) of this section. 

(A) A bachelor’s degree, or equivalent 

educational experience, with an 

academic major or concentration in food 

and nutrition, food service management, 

dietetics, family and consumer sciences, 

nutrition education, culinary arts, 

business, or a related field; 

(B) A bachelor’s degree, or equivalent 

educational experience, with any 

academic major or area of concentration, 

and a State-recognized certificate for 

school nutrition directors; 

(C) An associate’s degree, or 

equivalent educational experience, with 

an academic major or area of 

concentration in food and nutrition, 

food service management, dietetics, 

family and consumer sciences, nutrition 

education, culinary arts, business, or a 

related field and at least one year of 

relevant school nutrition program 

experience; or 

(D) A high school diploma or 

equivalency (such as the general 

educational development diploma), and 

at least three years of relevant school 

nutrition program experience. For a 

local educational agency with less than 

500 students, the State agency has 

discretion to approve the hire of a 

director that meets the minimum 

educational requirement but has less 

than the required relevant school 

nutrition program experience. Directors 

hired under the criteria listed in this 

paragraph are strongly encouraged to 

work toward attaining an associate’s 

degree in an academic major in the 

fields listed in this paragraph. 

(ii) School nutrition program directors 

with local educational agency 

enrollment of 2,500 to 9,999 students. 

Directors must meet the requirements in 

either paragraph (b)(1)(ii)(A), (B), (C), or 

(D) of this section. 

(A) A bachelor’s degree, or equivalent 

educational experience, with an 

academic major or concentration in food 

and nutrition, food service management, 

dietetics, family and consumer sciences, 

nutrition education, culinary arts, 

business, or a related field; 

(B) A bachelor’s degree, or equivalent 

educational experience, with any 

academic major or area of concentration, 

and a State-recognized certificate for 

school nutrition directors; 

(C) A bachelor’s degree in any 

academic major and at least two years 

of relevant experience in school 

nutrition programs; or 

(D) An associate’s degree, or 

equivalent educational experience, with 

an academic major or area of 

concentration in food and nutrition, 

food service management, dietetics, 

family and consumer sciences, nutrition 

education, culinary arts, business, or a 

related field and at least two years of 

relevant school nutrition program 

experience. Directors hired with an 

associate’s degree are strongly 

encouraged to work toward attaining a 

bachelor’s degree in an academic major 

in the fields listed in this paragraph. 

(iii) School nutrition program 

directors with local educational agency 

enrollment of 10,000 or more students. 

Directors must meet the requirements in 

either paragraph (b)(1)(iii)(A), (B), or (C) 

of this section. 

(A) A bachelor’s degree, or equivalent 

educational experience, with an 

academic major or area of concentration 

in food and nutrition, food service 

management, dietetics, family and 

consumer sciences, nutrition education, 

culinary arts, business, or a related field; 

(B) A bachelor’s degree, or equivalent 

educational experience, with any 

academic major or area of concentration, 

and a State-recognized certificate for 

school nutrition directors; or 

(C) A bachelor’s degree in any major 

and at least five years experience in 

management of school nutrition 

programs. 

(D) School food authorities are 

strongly encouraged to seek out 

individuals who possess a master’s 

degree or are willing to work toward a 

master’s degree in the fields listed in 

this paragraph. At least one year of 

management experience, preferably in 

school nutrition, is strongly 

recommended. It is also strongly 


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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11093 

recommended that directors have at 

least three credit hours at the university 

level in food service management and at 

least three credit hours in nutritional 

sciences at the time of hire. 

(iv) At the discretion of the State 

agency, acting school nutrition program 

directors expected to serve for more 

than 30 business days must meet the 

hiring standards established in 

§ 230.30(b)(1) of this chapter. 

(v) School nutrition program directors 

for all local educational agency sizes. 

All school nutrition program directors, 

for all local educational agency sizes, 

must have completed at least eight 

hours of food safety training within five 

years prior to their starting date or 

complete eight hours of food safety 

training within 30 calendar days of their 

starting date. At the discretion of the 

State agency, all school nutrition 

program directors, regardless of their 

starting date, may be required to 

complete eight hours of food safety 

training every five years. 

(2) Summary of school nutrition 

program director hiring/standards. The 

following chart summarizes the hiring 

standards established in this section: 

(3) Continuing education/training 

standards for all school nutrition 

program directors. Each school year, the 

school food authority must ensure that 

all school nutrition program directors, 

(including acting directors, at the 


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11094 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

discretion of the State agency) complete 

annual continuing education/training. 

For the school year beginning July 1, 

2015, program directors must complete 

eight hours of annual training. 

Beginning July 1, 2016, twelve hours of 

annual training are required. The annual 

training must cover administrative 

practices (including training in 

application, certification, verification, 

meal counting, and meal claiming 

procedures), as applicable, and any 

other specific topics identified by FNS, 

as needed, to address Program integrity 

or other critical issues. Continuing 

education/training required under this 

paragraph is in addition to the food 

safety training required in the first year 

of employment under paragraph 

(b)(1)(v) of this section. 

(c) Continuing education/training 

standards for all school nutrition 

program managers. Each school year, 

the school food authority must ensure 

that all school nutrition program 

managers have completed annual 

continuing education/training. For the 

school year beginning July 1, 2015, 

program managers must complete six 

hours of annual training. Beginning July 

1, 2016, ten hours of annual training are 

required. The annual training must 

include, but is not limited to, the 

following topics, as applicable: 

(1) Administrative practices 

(including training in application, 

certification, verification, meal 

counting, and meal claiming 

procedures); 

(2) The identification of reimbursable 

meals at the point of service; 

(3) Nutrition; 

(4) Health and safety standards; and 

(5) Any specific topics identified by 

FNS, as needed, to address Program 

integrity or other critical issues. 

(d) Continuing education/training 

standards for all staff with responsibility 

for school nutrition programs. Each 

school year, the school food authority 

must ensure that all staff with 

responsibility for school nutrition 

programs that work an average of at 

least 20 hours per week, other than 

school nutrition program directors and 

managers, completes annual training in 

areas applicable to their job. For the 

school year beginning July 1, 2015, staff 

must complete four hours of annual 

training. Beginning July 1, 2016, six 

hours of annual training are required. 

Part-time staff working an average of 

less than 20 hours per week must 

complete four hours of annual training 

beginning July 1, 2015. The annual 

training must include, but is not limited 

to, the following topics, as applicable to 

their position and responsibilities: 

(1) Free and reduced price eligibility; 

(2) Application, certification, and 

verification procedures; 

(3) The identification of reimbursable 

meals at the point of service; 

(4) Nutrition; 

(5) Health and safety standards; and 

(6) Any specific topics identified by 

FNS, as needed, to address Program 

integrity or other critical issues. 

(e) Summary of required minimum 

continued education/training standards 

and flexibilities. The annual training 

requirements for school nutrition 

program managers, directors, and staff 

summarized in the following chart are 

effective beginning July 1, 2015. 

Program managers, directors, and staff 

hired on or after January 1 of each 

school year must complete half of their 

required annual training hours before 

the end of the school year. At the 

discretion of the State agency: 

(1) Acting and temporary staff, 

substitutes, and volunteers must 

complete training in one or more of the 

topics listed in paragraph (d) of this 

section, as applicable, within 30 

calendar days of their start date; and 

(2) School nutrition program 

personnel may carry over excess annual 

training hours to an immediately 

previous or subsequent school year and 

demonstrate compliance with the 

training requirements over a period of 

two school years, provided that some 

training hours are completed each 

school year. 


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(f) Use of food service funds for 

training costs. Costs associated with 

annual continuing education/training 

required under paragraphs (b)(3), (c) and 

(d) of this section are allowed provided 

they are reasonable, allocable, and 

necessary in accordance with the cost 

principles set forth in 2 CFR part 225, 

Cost Principles for State, Local and 

Indian Tribal Governments (OMB 

Circular A–87). However, food service 

funds must not be used to pay for the 

cost of college credits incurred by an 

individual to meet the hiring 

requirements in paragraphs (b)(1)(i) 

through (iv) and in paragraph (b)(2) of 

this section. 

(g) School food authority oversight. 

Each school year, the school food 

authority director must document 

compliance with the requirements of 

this section for all staff with 

responsibility for school nutrition 

programs, including directors, 

managers, and staff. Documentation 

must be adequate to establish, to the 

State’s satisfaction during 

administrative reviews, that employees 

are meeting the minimum professional 

standards. The school food authority 

must certify that: 

(1) The school nutrition programs 

director meets the hiring standards and 

training requirements set forth in 

paragraph (b) of this section; and 

(2) Each employee has completed the 

applicable training requirements in 

paragraphs (c) and (d) of this section no 

later than the end of each school year. 

■ 8. Revise newly redesignated § 210.32 

to read as follows: 

§ 210.32 OMB control numbers. 

The following control numbers have 

been assigned to the information 

collection requirements in 7 CFR part 

210 by the Office of Management and 

Budget pursuant to the Paperwork 

Reduction Act of 1980, Public Law 96– 

511. 

7 CFR section 

where 

requirements 

are described 

Current OMB control No. 

210.3(b) .......... 0584–0067 

210.4(b) .......... 0584–0002 

210.5(d) .......... 0584–0006; 0584–0002; 

0584–0067; 0584–0567 

(to be merged with 0584– 

0006) 

210.7 ............... 0584–0567 (to be merged 

with 0584–0006) 

210.8 ............... 0584–0284; 0584–0006 

210.9 ............... 0584–0006 

210.10 ............. 0584–0006; 0584–0494 

210.11 ............. 0584–0576 (to be merged 

with 0584–0006) 

210.13 ............. 0584–0006 

210.14 ............. 0584–0006 

7 CFR section 

where 

requirements 

are described 

Current OMB control No. 

210.15 ............. 0584–0006 

210.17 ............. 0584–0075 

210.18 ............. 0584–0006 

210.19 ............. 0584–0006 

210.20 ............. 0584–0006; 0584–0002; 

0584–0067 

210.23 ............. 0584–0006 

PART 235—STATE ADMINISTRATIVE 

EXPENSE FUNDS 

■ 9. The authority citation for Part 235 

continues to read as follows: 

Authority: Secs. 7 and 10 of the Child 

Nutrition Act of 1966, 80 Stat. 888, 889, as 

amended (42 U.S.C. 1776, 1779). 

■ 10. Amend § 235.4 by revising 

paragraph (b)(2) to read as follows: 

§ 235.4 Allocation of funds to States. 

* * * * * 

(b) * * * 

(2) $30,000 to each State which 

administers the Food Distribution 

Program (part 250 of this chapter) in 

schools and/or institutions which 

participate in programs under parts 210, 

220, and 226 of this chapter; provided 

that the State meets the training 

requirements set forth in § 235.11(g). 

* * * * * 

■ 11. Amend § 235.6 by adding a 

sentence at the end of paragraph (a–1) 

to read as follows: 

§ 235.6 Use of funds. 

* * * * * 

(a–1) * * * State agencies may also 

use these funds for the purposes of State 

director annual continuing education/

training as described in § 235.11(g)(3); 

however, costs associated with 

obtaining college credits to meet the 

hiring standards in § 235.11(g)(1) and (2) 

are not allowable. 

* * * * * 

■ 12. Amend § 235.11 as follows: 

■ a. In paragraph (b)(2)(iv), remove the 

word ‘‘and’’ at the end; 

■ b. In paragraph (b)(2)(v), remove the 

period and add ‘‘; and’’ in its place; 

■ c. Add paragraph (b)(2)(vi); and 

■ d. Add paragraph (g). 

The additions read as follows: 

§ 235.11 Other provisions. 

* * * * * 

(b) * * * 

(2) * * * 

(vi) Meeting the professional 

standards required in paragraph (g) of 

this section. 

* * * * * 

(g) Professional standards. State 

agencies must meet the minimum hiring 

and training standards established by 

FNS. 

(1) Hiring standards for State 

directors of school nutrition programs. 

Beginning July 1, 2015, newly hired 

State agency directors with 

responsibility for the administration of 

the National School Lunch Program 

under part 210 of this chapter and the 

School Breakfast Program under part 

220 of this chapter must have: 

(i) Bachelor’s degree with an 

academic major in areas including food 

and nutrition, food service management, 

dietetics, family and consumer sciences, 

nutrition education, culinary arts, 

business, or a related field; 

(ii) Extensive relevant knowledge and 

experience in areas such as institutional 

food service operations, management, 

business, and/or nutrition education 

(experience in three or more of these 

areas highly recommended); and 

(iii) Additional abilities and skills 

needed to lead, manage and supervise 

people to support the mission of Child 

Nutrition programs. 

(iv) It is also strongly preferred that 

new hires possess: 

(A) Master’s degree with an academic 

major in areas including food and 

nutrition, food service management, 

dietetics, family and consumer sciences, 

nutrition education, culinary arts, 

business, or a related field; 

(B) At least five years of experience 

leading people in successfully 

accomplishing major multi-faceted 

projects related to child nutrition and/ 

or institutional foodservice 

management; and 

(C) Professional certification in food 

and nutrition, food service management, 

school business management or a 

related field as determined by FNS. 

(2) Hiring standards for State 

directors of distributing agencies. 

Beginning July 1, 2015, newly hired 

State agency directors with 

responsibility for the administration of 

the distribution of USDA donated foods 

under part 250 of this chapter must 

have: 

(i) Bachelor’s degree in any academic 

major; 

(ii) Extensive relevant knowledge and 

experience in areas such as institutional 

food service operations, management, 

business, and/or nutrition education; 

and 

(iii) Additional abilities and skills 

needed to lead, manage and supervise 

people to support the mission of Child 

Nutrition programs. 

(iv) It is also strongly preferred that 

new hires possess at least five years of 

experience in institutional food service 

operations. 


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11096 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

(3) Continuing education/training 

standards for State directors of school 

nutrition programs and distributing 

agencies. Each school year, all State 

directors with responsibility for the 

National School Lunch Program under 

part 210 of this chapter and the School 

Breakfast Program under part 220 of this 

chapter, as well as those responsible for 

the distribution of USDA donated foods 

under part 250 of this chapter, must 

complete a minimum of 15 hours of 

training in core areas that may include 

nutrition, operations, administration, 

communications and marketing. 

Additional hours and topics may be 

specified by FNS, as needed, to address 

Program integrity and other critical 

issues. 

(4) Provision of annual training. At 

least annually, State agencies with 

responsibility for the National School 

Lunch Program under part 210 of this 

chapter and the School Breakfast 

Program under part 220 of this chapter, 

as well as State agencies with 

responsibility for the distribution of 

USDA donated foods under part 250 of 

this chapter, must provide or ensure 

that State agency staff receive annual 

continuing education/training. (i) Each State agency with 

responsibility for the National School 

Lunch Program under part 210 of this 

chapter and the School Breakfast 

Program under part 220 of this chapter 

must provide a minimum of 18 hours of 

continuing education/training to school 

food authorities. Topics include 

administrative practices (including 

training in application, certification, 

verification, meal counting, and meal 

claiming procedures); the accuracy of 

approvals for free and reduced price 

meals; the identification of reimbursable 

meals at the point of service; nutrition; 

health and food safety standards; the 

efficient and effective use of USDA 

donated foods; and any other 

appropriate topics, as determined by 

FNS, to ensure program compliance and 

integrity or to address other critical 

issues. 

(ii) Each State agency with 

responsibility for the distribution of 

USDA donated foods under part 250 of 

this chapter must provide or ensure 

receipt of continuing education/training 

to State distribution agency staff on an 

annual basis. Topics may include the 

efficient and effective use of USDA 

donated foods; inventory rotation and 

control; health and food safety 

standards; and any other appropriate 

topics, as determined by FNS, to ensure 

program compliance and integrity or to 

address other critical issues. 

(5) Records and recordkeeping. State 

agencies must annually retain records 

for a period of three years to adequately 

demonstrate compliance with the 

professional standards for State 

directors of school nutrition programs 

established in this paragraph. 

(6) Failure to comply. Failure to 

comply with the professional standards 

in this paragraph may result in 

sanctions as specified in paragraph (b) 

of this section. 

■ 13. Revise § 235.12 to read as follows: 

§ 235.12 Information collection/

recordkeeping—OMB assigned control 

numbers. 

7 CFR Section 

where 

requirements 

are 

described 

Current OMB control No. 

235.3(b) .......... 0584–0067. 

235.4 ............... 0584–0067. 

235.5(b), (d) .... 0584–0067. 

235.7(a), (b) .... 0584–0067. 

235.9(c), (d) .... 0584–0067. 

235.11 ............. 0584–0067. 

210.7 ............... 0584–0067. 

Dated: February 24, 2015. 

Audrey Rowe, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2015–04234 Filed 2–27–15; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0139; Directorate 

Identifier 2012–NM–133–AD; Amendment 

39–18081; AD 2015–02–14] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2009–20– 

05 for certain Airbus Model A318, 

A319, A320, and A321 series airplanes. 

AD 2009–20–05 required one-time 

inspections for cracking, damage, 

correct installation, and correct 

adjustment of the main landing gear 

(MLG) door hinge and actuator fittings 

on the keel beam, and corrective actions 

if necessary. This new AD expands the 

applicability, reduces the compliance 

time, and requires repetitive inspections 

instead of the one-time inspection. This 

AD also requires revising the 

maintenance or inspection program. 

This AD was prompted by reports of 

cracks on fittings that had successfully 

passed certain required inspections. We 

are issuing this AD to detect and correct 

cracking on the MLG door hinge fitting 

and actuator fitting on the keel beam, 

which could lead to in-flight 

detachment of an MLG door, possibly 

resulting in injury to persons on the 

ground and/or damage to the airplane. 

DATES: This AD becomes effective April 

6, 2015. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 6, 2015. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of November 3, 2009 (74 FR 

49795, September 29, 2009). 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2014-0139; or in 

person at the Docket Management 

Facility, U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC. 

For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EIAS, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 

61 93 44 51; email account.airwortheas@airbus.com; Internet http://

www.airbus.com. You may view this 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. It is also available on the Internet 

at http://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2014–0139. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–1405; 

fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2009–20–05, 

Amendment 39–16028 (74 FR 49795, 

September 29, 2009). AD 2009–20–05 

applied to certain Model A318, A319, 

A320, and A321 series airplanes. The 

NPRM published in the Federal 

Register on March 12, 2014 (79 FR 

13925). 


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