Information on Michigan academic standards and instructional resources.
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Food & Nutrition Programs
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Every Student Succeeds Act (ESSA)
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Buy American Provision
The Buy American Provision requires School Food Authorities (SFAs) to purchase, to the maximum extent possible, domestic commodities or products. This provision supports the mission of the Child Nutrition Programs (CNP), which is to serve children nutritious meals in schools and support American Agriculture.
The Buy American Provision also supports SFA’s working with local, or small, minority, and women-owned businesses. SFA’s are encouraged to purchase food products from local and regional sources when expanding farm-to-school efforts.
SFA’s must comply with this standard when purchasing commercial food products served in school meal programs. The Buy American Provision language must be included in procurement procedures, solicitations and contracts, and SFAs must track non-domestic products.
Administrative Memo No. 9 - Buy American Resources and Temporary Accommodation
Exceptions to the Buy American Provision
Limited exceptions to the Buy American Provision allow for the purchase of products not meeting the “domestic” standard. These exceptions include:
A threshold that limits the percent of total commercial food cost from non-domestic foods went into effect on July 1, 2025. The phased-in approach will allow SFAs to adjust to these limits over a seven-year time span.
The items listed on the FAR Non-Available Articles list must be counted toward the cap on non-domestic purchases when it goes into effect.
Temporary Accommodation
A temporary accommodation is available for School Food Authorities (SFAs) that are not able to meet the threshold limit for non-domestic food purchases for the 2025-26 school year. The accommodation will allow SFAs to exceed the ten percent while they work toward meeting the Buy American threshold requirements. The accommodation applies to non-domestic purchases that meet one or more of the exceptions listed above.
SFAs that need the temporary accommodation must complete the Michigan Department of Education’s (MDE) Buy American Temporary Accommodation Form. MDE will provide ongoing technical support and training as SFAs work toward meeting the required threshold.
MDE Buy American Temporary Accommodation Form for SY 2025-2026
Buy American Tracking and Justification
It is the SFA's responsibility to document the use of non-domestic exceptions. Items listed on the FAR non-available articles list do not require additional documentation but will count toward the total limit on non-domestic purchases. The following tools can assist SFAs in tracking non-domestic requirements.
USDA Buy American Tracker helps SFAs monitor the costs and exceptions to non-domestic purchases as a percentage of total purchases.
The MDE Buy American Tracker, a modified version of the USDA Tracker, allows sponsors to track non-domestic purchases by item or vendor.
The MDE Buy American Justification Form can be used to document non-domestic purchases.
Example Solicitation and Contract Language
ABC School District participates in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A ‘domestic commodity or product’ is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR 210.21(d).
USDA Foods
SFA’s are encouraged to maximize their use of USDA Foods, which comply with the Buy American Provision requirements. However, processed end products that contain USDA Foods need to meet the minimum requirement of 51 percent domestic, by weight or volume.
Geographic Preference
The USDA Expanded Geographic Preference Option helps to ease challenges for Child Nutrition Programs (CNP) related to buying local products. CNP operators may now use “locally grown”, “locally raised”, or “locally caught” as a specification for local unprocessed agricultural products. CNP operators can also apply a geographic preference through additional points or credit during an evaluation for local unprocessed agricultural products. More information about the Expanded Geographic Preference Option can be found in USDA Memo SP 22-2024, CACFP 08-2024, SFSP 13-2024: Geographic Preference Expansion Related to the Final Rule titled, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans
National School Lunch Act (NSLA) of the Williams F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336)
Section 12(n) to the NSLA (42 USC 1760(n))
