King Charter Schools, Inc.; Petitioner seeks a declaratory statement as to the applicability of 42 U.S.C. s. 1758(a) of the National School Lunch Act, which governs the Department's administration of the National School Lunch program pursuant to s. ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food, Nutrition and Wellness

RULE NO.:RULE TITLE:

5P-2.002Program Responsibilities

NOTICE IS HEREBY GIVEN that Department of Agriculture and Consumer Services has received the petition for declaratory statement from King Charter Schools, Inc. The petition seeks the agency's opinion as to the applicability of 42 U.S.C. s. 1758(a) and 7 C.F.R. s. 210.10 as it applies to the petitioner.

Petitioner seeks a declaratory statement as to the applicability of 42 U.S.C. s. 1758(a) of the National School Lunch Act, which governs the Department's administration of the National School Lunch program pursuant to s. 595.403, F.S., and the applicability of 7 C.F.R. s. 210.10, adopted by reference in rule 5P-2.002, F.A.C., to Petitioner's plan for serving milk as part of its participation in the National School Lunch Program. Specifically, Petitioner seeks a declaratory statement as to: 1. the extent to which its operational plan for serving milk complies with the National School Lunch Program's fluid milk requirement; and 2. the extent to which its plan complies with 42 U.S.C. s. 1758(a)(2)(c) which provides that a participant "shall not directly or indirectly restrict the sale or marketing of fluid milk products by the school (or by a person approved by the school) at any time or any place (i) on the school premesis; or (ii) at any school sponsored event."

A copy of the Petition for Declaratory Statement may be obtained by contacting: Lisa Church, Division of Food, Nutrition and Wellness at [e-mail], 600 S. Calhoun St, Tallahassee, FL 32399, [phone].

Please refer all comments to: Darby Shaw, Office of the General Counsel, [e-mail], 407 S. Calhoun St. Tallahassee, FL 32399, [phone].