King Charter Schools, Inc.; The petition was granted. The declaratory statement states that, 1. based on the information provided, the petitioner’s operational plan for serving milk may not comply with the National School Lunch Program's fluid milk ...

 

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 issued an order disposing of the petition for declaratory statement filed by King Charter Schools, Inc. on March 11, 2020. The following is a summary of the agency's disposition of the petition: The petition was granted. The declaratory statement states that, 1. based on the information provided, the petitioner’s operational plan for serving milk may not comply with the National School Lunch Program's fluid milk requirement based on the offer versus serve policy in 7 C.F.R. s. 2010.10, depending on how the operational plan is implemented; and 2. the plan violates 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 premises; or (ii) at any school sponsored event." 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: whether its proposed method of serving fluid milk and distribution of marketing materials for fluid milk complies with the cited provisions.

A copy of the Order Disposing 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].