2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8A - Healthy Schools › Subchapter II - School Nutrition › § 38–822.02. Nutritional standards for school meals

§ 38–822.02. Nutritional standards for school meals.
(a) All breakfast, lunch, after-school snacks and suppers, and summer meals served to students in public schools, public charter schools, and participating private schools or by organizations participating in the Afterschool Meal Program or the Summer Food Service Program shall meet or exceed the federal nutritional standards set forth in:
(1) The Child Nutrition Act of 1996, approved October 11, 1996 (80 Stat. 885; 42 U.S.C. § 1771 et seq.);
(2) The Richard B. Russell National School Lunch Act, approved June 4, 1946 (60 Stat. 230; 42 U.S.C. § 1751 et seq.);
(3) 7 C.F.R. Parts 210, 215, 220, 225, and 226; and
(4) Other applicable federal law.
(b) In addition to the requirements of subsection (a) of this section, breakfast, lunch, after-school snacks and suppers, and summer meals served to students in public schools, public charter schools, and participating private schools or by organizations participating in the Afterschool Meal Program or the Summer Food Service Program shall meet or exceed the following nutritional requirements:
(1) All milk shall be unflavored; and
(2)(A) All grain products shall be whole grain-rich.
(B) For the purposes of this paragraph, the term "whole grain-rich" means that the product contains at least 50% whole grains and the remaining grains in the product must be enriched.
(c) The Office of the State Superintendent of Education may adopt standards that exceed the requirements of this section.
(July 27, 2010, D.C. Law 18-209, § 202, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(d), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(b), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(d), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)
Section References
This section is referenced in § 38-821.02.
Effect of Amendments
D.C. Law 19-37, in the lead-in language of subsec. (a), substituted “breakfast, lunch, after-school snacks and suppers, and summer meals served to students in public schools, public charter schools, and participating private schools or by organizations participating in the Afterschool Meal Program or the Summer Food Service Program” for “breakfast, lunch, and after-school meals served to students in public schools and public charter school or by organizations participating in the Afterschool Meal Program”; in the lead-in language of subsec. (b), substituted “breakfast, lunch, after-school snacks and suppers, and summer meals served to students in public schools, public charter schools, and participating private schools or by organizations participating in the Afterschool Meal Program or the Summer Food Service Program” for “breakfast and lunch meals served to students in each public school and public charter school”; and, in subsec. (b)(1)(C)(ii), substituted “public schools, public charter schools, and participating private schools” for “public schools and public charter schools”.
The 2012 amendment by D.C. Law 19-168 substituted “July 1, 2022” for “August 1, 2020” in (b)(1)(C)(ii).
Applicability
Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.
Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(d) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
For temporary (90 day) amendment of section, see § 2(d) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).
For temporary (90 day) amendment of section, see § 4062(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) amendment of section, see § 4062(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Editor's Notes
Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.