Colchester, Connecticut

Operational Memorandum No. 05-22

BOE Regular Meeting - 6:00PM

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STATE OF CONNECTICUT
                                  DEPARTMENT OF EDUCATION



TO:               Sponsors of the National School Lunch Program

FROM:             John D. Frassinelli, Division Director
                  School Health, Nutrition, Family Services and Adult Education

DATE:             February 15, 2022

SUBJECT:          Operational Memorandum No. 05-22
                  Requirements for Submitting the Healthy Food Certification (HFC) Statement for
                  School Year 2022-23

The Healthy Food Certification (HFC) statute (C.G.S. Section 10-215f) requires that each local
board of education or governing authority (BOE) for public schools1 participating in the National
School Lunch Program (NSLP) each year must certify whether all food items sold to students
(separately from reimbursable meals) will or will not meet the Connecticut Nutrition Standards
(CNS). This memo provides the required BOE motion language and instructions for the HFC
application process for school year (SY) 2022-23.

HFC Eligibility Requirements for BOEs opting to implement HFC
The BOE must complete a vote on the required motion language in this memo by July 1, 2022, or
the BOE will not be eligible for HFC during SY 2022-23 (July 1, 2022, through June 30, 2023). Each
BOE must choose one of the two options below to satisfy this requirement and be eligible for HFC.
    •    Option 1: Using the exact language included in this memo, the BOE conducts three votes:
         1) whether the district will participate in the healthy food option; 2) whether the district will
         allow food exemptions; and 3) whether the district will allow beverage exemptions.
    •    Option 2: Using the exact language included in this memo, the BOE conducts two votes:
         1) whether the district will participate in the healthy food option; and 2) whether the district
         will allow food and beverage exemptions.

Required healthy food option vote for all BOEs
The BOE must vote “yes” or “no” for implementing the healthy food option of C.G.S. Section
10-215f. The motion and board-approved meeting minutes must include the exact language
below:

    Motion language for healthy food option: Pursuant to C.G.S. Section 10-215f, the board of
    education or governing authority certifies that all food items offered for sale to students in the
    schools under its jurisdiction, and not exempted from the Connecticut Nutrition Standards
    published by the Connecticut State Department of Education, will comply with the Connecticut
    Nutrition Standards during the period of July 1, 2022, through June 30, 2023. This certification
    shall include all food offered for sale to students separately from reimbursable meals at all times
    and from all sources, including but not limited to school stores, vending machines, school

1
 Public schools include all public schools, regional educational service centers, the Connecticut Technical Education and
Career System (CTECS), charter schools, interdistrict magnet schools, and endowed academies.

                         P.O. BOX 2219 | HARTFORD, CONNECTICUT 06145
                                           An Equal Opportunity Employer
   cafeterias, culinary programs, and any fundraising activities on school premises sponsored by the
   school or non-school organizations and groups.

Required vote for food exemptions for BOEs opting to implement HFC
If the BOE votes “yes” for implementing the healthy food option, the board-approved meeting
minutes and motion must reflect a “yes” or “no” vote on the exact language below.

   Motion language for food exemptions: The board of education or governing authority will
   allow the sale to students of food items that do not meet the Connecticut Nutrition Standards
   provided that the following conditions are met: 1) the sale is in connection with an event
   occurring after the end of the regular school day or on the weekend; 2) the sale is at the location
   of the event; and 3) the food items are not sold from a vending machine or school store. An
   “event” is an occurrence that involves more than just a regularly scheduled practice, meeting, or
   extracurricular activity. For example, soccer games, school plays, and interscholastic debates are
   events but soccer practices, play rehearsals, and debate team meetings are not. The “regular
   school day” is the period from midnight before to 30 minutes after the end of the official school
   day. “Location” means where the event is being held and must be the same place as the food
   sales.

Note: If the BOE votes “no” for the healthy food option, a vote on whether to allow food
exemptions is not required.

Optional vote for beverage exemptions for all BOEs
The state beverage requirements (C.G.S. Section 10-221q) apply to all public schools, regardless of
whether the district participates in the NSLP or certifies for the healthy food option of HFC. If the
BOE does not have a beverage exemption in place, the BOE’s schools can never sell noncompliant
beverages to students. If the BOE chooses to allow beverage exemptions, the motion and
board-approved meeting minutes must include the exact language below:

   Motion language for beverage exemptions: The board of education or governing authority
   will allow the sale to students of beverages not listed in Section 10-221q of the Connecticut
   General Statutes provided that the following conditions are met: 1) the sale is in connection with
   an event occurring after the end of the regular school day or on the weekend; 2) the sale is at the
   location of the event; and 3) the beverages are not sold from a vending machine or school store.
   An “event” is an occurrence that involves more than just a regularly scheduled practice, meeting
   or extracurricular activity. The “school day” is the period from midnight before to 30 minutes
   after the end of the official school day. “Location” means where the event is being held and
   must be the same place as the beverage sales.

Option to combine food and beverage exemptions
Instead of two separate food and beverage motions, the district may choose to combine food and
beverage exemptions into one motion by using the exact language below:

   Motion language for combined food and beverage exemptions: The board of education or
   governing authority will allow the sale to students of food items that do not meet the
   Connecticut Nutrition Standards and beverages not listed in Section 10-221q of the Connecticut
   General Statutes provided that the following conditions are met: 1) the sale is in connection with


                           Page 2 of 3 | Connecticut State Department of Education
    an event occurring after the end of the regular school day or on the weekend; 2) the sale is at the
    location of the event; and 3) the food and beverage items are not sold from a vending machine
    or school store. An “event” is an occurrence that involves more than just a regularly scheduled
    practice, meeting, or extracurricular activity. For example, soccer games, school plays, and
    interscholastic debates are events but soccer practices, play rehearsals, and debate team meetings
    are not. The “regular school day” is the period from midnight before to 30 minutes after the end
    of the official school day. “Location” means where the event is being held and must be the same
    place as the food and beverage sales.

HFC Application Process for SY 2022-23
All public school sponsors of the NSLP applying for HFC for SY 2022-23 must complete the three
steps below to meet the HFC application deadline of July 1, 2022.

    1. Schedule the two required votes (healthy food option and food exemptions) at a BOE
       meeting before June 30, 2022. If the district chooses to allow beverage exemptions, the
       CSDE recommends that the BOE conduct the vote on beverage exemptions at the same
       time as the HFC votes.

    2. Maintain a copy of the board-approved meeting minutes indicating the results of the HFC
       votes. Do not submit these minutes until requested (see step 3).

    3. May 2022: Complete the online HFC application module in the CSDE’s Connecticut
       Online Application and Claiming System for Child Nutrition Programs (CNP System).
       Upload the board-approved meeting minutes indicating the results of the HFC votes for the
       healthy food option and food exemptions (and the vote for beverage exemptions, if
       applicable). Note: The CSDE will notify sponsors when the HFC application module and
       instructions are available. Do not access the CNP System prior to receiving this notification.

For additional guidance on the HFC application process, review the CSDE’s presentation,
Application Procedures for HFC, and visit the “Apply” section of the CSDE’s HFC webpage.

Refer to Appendix A for a list of resources with the requirements that schools must follow to ensure
HFC compliance. For questions or additional information, please contact Susan Fiore at 860-807-
2075 or susan.fiore@ct.gov or Teri Dandeneau at 860-807-2079 or teri.dandeneau@ct.gov.


JDF:sff


Important: This is a numbered Connecticut State Department of Education (CSDE) operational memorandum that
contains important program information. Please read carefully and retain for future reference. All CSDE operational
memoranda are posted on the CSDE’s Operational Memoranda for School Nutrition Programs webpage.




                               Page 3 of 3 | Connecticut State Department of Education
                                              Appendix A
This appendix accompanies the Connecticut State Department of Education’s (CSDE) Operational
Memorandum No. 05-22: Requirements for Submitting the Healthy Food Certification (HFC) Statement for
School Year 2022-23. It includes CSDE resources and websites that provide guidance on meeting the
federal and state requirements for foods and beverages in HFC public schools. For a comprehensive
list of resources, refer to the CSDE’s document, Resources for Meeting the Federal and State Requirements
for Competitive Foods in Schools.


    •   Allowable Beverages in Connecticut Public Schools
    •   Beverage Requirements (CSDE webpage)
    •   Connecticut Nutrition Standards (CSDE webpage)
    •   Ensuring District Compliance with HFC
    •   Evaluating Foods for Compliance with the Connecticut Nutrition Standards (“How To”
        section of CSDE’s Connecticut Nutrition Standards webpage)
    •   Guidance on Evaluating Recipes for Compliance with the Connecticut Nutrition Standards
    •   Guide to Competitive Foods in HFC Public Schools
    •   Healthy Food Certification (CSDE webpage)
    •   How to Evaluate Foods Made from Scratch for Compliance with the CNS
    •   How to Evaluate Purchased Foods for Compliance with the CNS
    •   List of Acceptable Foods and Beverages (CSDE webpage)
    •   Overview of Connecticut Competitive Foods Regulations
    •   Presentation: Beverage Requirements for Connecticut Public Schools
    •   Presentation: Complying with Healthy Food Certification
    •   Presentation: Connecticut Nutrition Standards
    •   Presentation: Healthy Food Certification Fundraiser Requirements
    •   Questions and Answers on Connecticut Statutes for School Food and Beverages
    •   Requirements for Competitive Foods in HFC Public Schools
    •   Requirements for Food and Beverage Fundraisers in HFC Public Schools
    •   Requirements for Foods and Beverages in Culinary Programs in HFC Public Schools
    •   Requirements for Foods and Beverages in School Stores in HFC Public Schools
    •   Requirements for Foods and Beverages in Vending Machines in HFC Public Schools
    •   Summary Chart: Federal and State Requirements for Competitive Foods in HFC
        Public Schools
    •   Summary of Connecticut Nutrition Standards




                      Connecticut State Department of Education • February 2022 • Page 1 of 1