Code of the District of Columbia

Subchapter II. School Nutrition.


§ 38–822.01. General goals and standards.

(a)(1) Public schools, public charter schools, and participating private schools shall:

(A) Serve nutritious and well-balanced meals to students.

(B)(i) Provide meals with a vegetarian food option as the main course for breakfast and lunch every day at all grade levels;

(ii) Rotate main course vegetarian food options daily to avoid repetition; and

(iii) Clearly label or identify meals that contain only vegetarian food options as vegetarian; and

(C) Reasonably accommodate religious and non-medical dietary restrictions.

(2) A "school food authority", as defined in 7 C.F.R. § 210.2, shall not require a student requesting a plant-based food option, or other non-medical dietary accommodation, to obtain a note from a doctor.

(b) Public schools, public charter schools, and participating private schools are encouraged to serve plant-based food option as the main course at breakfast and lunch each day to each student.

(c) Public schools, public charter schools, and participating private schools are strongly encouraged to procure food in a manner consistent with the Good Food Purchasing Program's core values.


(July 27, 2010, D.C. Law 18-209, § 201, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(c), 58 DCR 6841; Mar. 13, 2019, D.C. Law 22-240, § 2(c), 66 DCR 912.)

Effect of Amendments

D.C. Law 19-37, in subsecs. (a) and (b), substituted “Public schools, public charter schools, and participating private schools” for “Public schools and public charter schools”.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(c) 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 day) amendment of section, see § 2(c) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).


§ 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.)

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: § 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 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.


§ 38–822.03. Additional requirements for public school meals.

(a)(1) Public schools, public charter schools, and participating private schools shall offer free breakfast to all students.

(2) If more than 40% of the students at a school qualify for free or reduced-price meals:

(A) A public elementary school, public charter elementary school, and participating private elementary school shall offer breakfast in the classroom each day, except as provided in paragraph (3)(A) of this subsection;

(B) A public middle and high school, public charter middle and high school, and participating private middle and high school shall offer alternative breakfast serving models each day; and

(C) The requirements of this paragraph shall not apply to a public school or a public charter school in which the school’s current breakfast participation rate, without breakfast-in-the-classroom, exceeds 75% of its average daily attendance.

(3)(A) The Office of the State Superintendent of Education may grant a waiver to an elementary school required to serve breakfast in the classroom under paragraph (2)(A) of this subsection for one school year if the school food authority, as defined in 7 C.F.R. § 210.2, submits a written action plan to the Office of the State Superintendent of Education showing a strategy to utilize an alternative breakfast serving model that will enable the school to reach the breakfast participation rate in paragraph (2)(C) of this subsection.

(B) Elementary schools that do not demonstrate incremental progress toward meeting the participation rate in paragraph (2)(C) of this subsection upon completion of the one school year waiver period shall implement breakfast in the classroom at the start of the following school year.

(b) Public schools, public charter schools, and participating private schools shall:

(1) Not charge students for meals if the students qualify for reduced-price meals;

(2) Provide meals that meet the dietary needs of children with diagnosed medical conditions as required by a physician;

(3) Solicit input from students, faculty, and parents, through taste tests, comment boxes, surveys, a student nutrition advisory council, or other means, regarding nutritious meals that appeal to students;

(4) Promote healthy eating to students, faculty, staff, and parents;

(5) Provide at least 30 minutes for students to eat lunch and sufficient time during the lunch period for every student to pass through the food service line; and

(6) Participate in federal nutritional programs and Child Nutrition U.S. Department of Agriculture foods program whenever possible.

(c) Public schools, public charter schools, and participating private schools shall make cold, filtered water available free to students, through water fountains or other means, when meals are served to students in public schools, public charter schools, and participating private schools.


(July 27, 2010, D.C. Law 18-209, § 203, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(e), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(c), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(e), 66 DCR 912.)

Section References

This section is referenced in § 38-821.02.

Effect of Amendments

D.C. Law 19-37 rewrote subsecs. (a) and (c); in the lead-in language of subsec. (b), substituted “Public schools, public charter schools, and participating private schools” for “Public schools and public charter schools”; in subsec. (b)(5), inserted “and sufficient time during the lunch period for every student to pass through the food service line,”.

The 2012 amendment by D.C. Law 19-168 substituted “shall make” for “are encouraged to make” in (c).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(e) 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 day) amendment of section, see § 2(e) 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(c) 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(c) 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.


§ 38–822.04. Central kitchen. [Repealed]

Repealed.


(July 27, 2010, D.C. Law 18-209, § 204, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(f), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(d), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(f), 66 DCR 912.)

Effect of Amendments

D.C. Law 19-37 added subsec. (d).

The 2012 amendment by D.C. Law 19-168 substituted “Department of General Services” for “Department of Real Estate Services” in (c).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the repeal of this section by § 2(f) 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 day) amendment of section, see § 2(f) 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(d) 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(d) 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.


§ 38–822.04a. Central kitchen report.

(a) Within 90 days of the applicability date of the Health Students Amendment Act of 2018, passed on 1st reading on November 13, 2018 (Engrossed version of Bill 22-313), the Office of Planning shall submit a report to the Mayor and the Council describing best practices for developing a central kitchen in the District to:

(1) Prepare, process, grow, and store healthy and nutritious foods for schools and nonprofit organizations;

(2) Support nutrition education programs; and

(3) Provide job-training programs for students and District residents.

(b) The report required by subsection (a) of this section shall:

(1) Include research and case studies on central kitchen facilities in other jurisdictions;

(2) Identify any agencies that should design, build, or manage a central kitchen facility; and

(3) Consider how a central kitchen facility could assist other facilities serving meals, such as child development centers, senior centers, recreation centers, and corrections facilities.


(July 27, 2010, D.C. Law 18-209, § 204a; as added Mar. 13, 2019, D.C. Law 22-240, § 2(g), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the creation of this section by § 2(g) 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.


§ 38–822.05. Public disclosure.

(a) Food service providers shall provide the following information to public schools, public charter schools, participating private schools, and the Office of the State Superintendent of Education:

(1) The menu for each breakfast and lunch meal served;

(2) The nutritional content of each menu item;

(3) The ingredients for each menu item if requested by parents and legal guardians; and

(4) The location where fruits and vegetables served in schools are grown and processed.

(b)(1) Public schools, public charter schools, and participating private schools shall provide the information provided to them under subsection (a) of this section:

(A) In the school’s office;

(B) On the school's website; and

(C) To parents and legal guardians upon request

(2) Public schools, public charter schools, and participating private schools shall inform families that vegetarian food options and milk alternatives are available upon request.

(c) This section shall apply as of January 1, 2012.


(July 27, 2010, D.C. Law 18-209, § 205, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(g), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(e), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(h), 66 DCR 912.)

Section References

This section is referenced in § 38-821.02 and § 38-826.02.

Effect of Amendments

D.C. Law 19-37, in subsec. (a), substituted “public schools, public charter schools, and participating private schools” for “public schools, public charter schools, and participating private schools”; in subsecs. (b)(1) and (2), substituted “Public schools, public charter schools, and participating private schools” for “Public schools, public charter schools, and participating private schools”; and added subsec. (c).

The 2012 amendment by D.C. Law 19-168 added “if requested by parents and legal guardians” in (a)(3); substituted “shall provide” for “shall post” in the introductory language of (b)(1); added the comma following “Online” in (b)(1)(B); added (b)(1)(C); and made related changes.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(h) 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 day) amendment of section, see § 2(g) 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(e) 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(e) 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.


§ 38–822.06. Healthy vending, fundraising, and prizes in public schools.

(a) Except as provided by subsection (b) of this section, all beverages and snack foods provided by or sold in public schools, public charter schools, and participating private schools or provided by organizations participating in the Afterschool Meal Program, whether through vending machines, fundraisers, snacks, after-school meals, or other means, shall meet or exceed the standards described in 7 C.F.R. § 210.11(c)-(m).

(b) The requirements of subsection (a) of this section shall not apply to:

(1) Food and drinks available only to faculty and staff members; provided, that school employees shall be encouraged to model healthy eating;

(2) Food provided at no cost by parents;

(3) Food sold or provided at official after-school events;

(4) Adult education programs; and

(5) Food not consumed or marketed to students.

(c) The Office of the State Superintendent of Education may adopt standards that exceed the requirements set forth in subsections (a) and (b) of this section.

(d) Foods and beverages sold in public school, public charter school, and participating private schools stores shall meet the requirements of subsection (a) of this section.

(e) Public schools, public charter school, and participating private schools shall not permit third parties, other than school-related organizations and school meal service providers, to sell foods or beverages of any type to students on school property from 90 minutes before the school day begins until 90 minutes after the school day ends.

(f) Foods and beverages that do not meet the nutritional requirements of subsection (a) of this section shall not be:

(1) Used as incentives, prizes, or awards in public schools or public charter schools; or

(2) Advertised or marketed in public schools and public charter schools through posters, signs, book covers, scoreboards, supplies, equipment, or other means.

(g) After first issuing a warning, the Office of the State Superintendent of Education may impose a penalty, not to exceed $500 per day paid to the Healthy Schools Fund, on public schools and public charter schools that violate this section, subject to the right to a hearing requested within 10 days after the notice of imposition of the penalty is sent.


(July 27, 2010, D.C. Law 18-209, § 206, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(h), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(f), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(i), 66 DCR 912.)

Section References

This section is referenced in § 38-821.02.

Effect of Amendments

D.C. Law 19-37, in subsec. (a), substituted “public schools, public charter schools, and participating private schools” for “public schools, public charter schools, and participating private schools”; in subsec. (d), substituted “public school, public charter school, and participating private school” for “public school, public charter school, and participating private school”; and, in subsec. (e), substituted “Public schools, public charter schools, and participating private schools” for “Public schools, public charter schools, and participating private schools”.

The 2012 amendment by D.C. Law 19-168 added (b)(5); and made related changes.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(i) 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 day) amendment of section, see § 2(h) 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(f) 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(f) 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.


§ 38–822.07. Triennial review.

The Healthy Youth and Schools Commission shall review school nutrition and the requirements of this title at least every 3 years and recommend improvements to the Mayor and the Council.


(July 27, 2010, D.C. Law 18-209, § 207, 57 DCR 4779; Mar. 13, 2019, D.C. Law 22-240, § 2(j), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(j) 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.


§ 38–822.08. DC Free Summer Meals Program report.

The Office of the State Superintendent of Education and the Department of Parks and Recreation shall submit a joint report to the Mayor and the Council on strategies to increase participation in the DC Free Summer Meals Program by January 1, 2020.


(July 27, 2010, D.C. Law 18-209, § 208; as added Mar. 13, 2019, D.C. Law 22-240, § 2(k), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the creation of this section by § 2(k) 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.