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Final Rule: Simplified Geographic Preference Procurement in Child Nutrition Programs

Summary

This direct final rule amends geographic preference option language in National School Lunch Program, School Breakfast Program, Special Milk Program for Children, Child and Adult Care Program, and Summer Food Service Program regulations. The changes are customer-focused and intended to simplify program regulations and make them easier to understand. They do not change the meaning of the regulations or their implementation.

Dates

This rule will become effective on Nov. 9, 2026, unless the department receives written adverse comments on or before Oct. 9, 2026. If written adverse comments within the scope of the rulemaking are received, the department will publish timely notification of withdrawal of this rule or a portion thereof in the Federal Register.

Request for Comments

The Food and Nutrition Administration, USDA, invites interested persons to submit written comments on this direct final rule. Comments may be submitted in writing by one of the following methods:

  • Federal eRulemaking Portal (preferred): Go to Regulations.gov. Follow the online instructions for submitting comments.
  • Mail: Send comments to Community Food Systems Division, Food and Nutrition Administration, USDA, 5601 Sunnyside Avenue, Beltsville, MD 20705.

All written comments submitted in response to this direct final rule will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNA will make the written comments publicly available on the internet via Regulations.gov.

Background

Purpose of this Direct Final Rule

The National School Lunch Program (NSLP), School Breakfast Program (SBP), Special Milk Program for Children (SMP), Child and Adult Care Food Program (CACFP), and Summer Food Service Program (SFSP) are collectively referred to as the child nutrition programs (CNPs) and offer opportunities for children across the nation to access nutritious, well-balanced meals while supporting local farmers and agriculture. USDA’s current geographic preference option regulations provide flexibilities that CNP operators may use to purchase unprocessed foods that are locally grown, caught, or raised; this direct final rule clarifies the existing strategies available through the geographic preference option. This direct final rule reflects Secretary of Agriculture Brooke Rollins’ February 2025 commitments to clarify statutory, regulatory, and administrative requirements; create new opportunities to connect America’s farmers to nutrition assistance programs; and strengthen strategies to encourage healthy choices, healthy outcomes, and healthy families.1 The changes in this direct final rule do not alter the meaning of the regulations or their implementation; rather, they are intended to clarify existing regulatory requirements.

USDA expects that clearer regulations will help CNP operators use the geographic preference option, resulting in the procurement of more local, unprocessed agricultural products in CNP meals and snacks. This will also support the Make Our Children Healthy Again Strategy Report, which emphasizes the need to improve access to whole, healthy foods in government-funded nutrition programs and ensure the availability of nutritious food for populations in need.2 Furthermore, this clarification will help local agricultural producers, food vendors, and food processors—many of them small businesses—by increasing market opportunities and sales to CNP operators.

Statutory Authority

Section 4302 of the Food, Conservation, and Energy Act of 2008 (PL 110- 246) amended the National School Lunch Act to direct the Secretary of Agriculture to encourage institutions operating child nutrition programs to purchase unprocessed, locally grown and locally raised agricultural products.3 Effective Oct. 1, 2008, institutions receiving funds through the child nutrition programs could apply an optional geographic preference for the procurement of unprocessed, locally grown or locally raised agricultural products. This provision applies to institutions operating any of the child nutrition programs, including the NSLP, SBP, SMP, Fresh Fruit and Vegetable Program, CACFP, and SFSP, as well as to purchases made for these programs by the USDA Department of Defense Fresh Fruit and Vegetable Program. The provision also applies to state agencies making purchases on behalf of any of the aforementioned child nutrition program operators.

Description of the Direct Final Rule

With this direct final rule, USDA is clarifying the geographic preference option regulations revised by the 2024 final rule titled, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans (the “2024 rule”).4 The 2024 rule expanded the scope of the geographic preference option by allowing CNP operators to use local (e.g., “locally grown,” “locally raised,” or “locally caught”) as a procurement specification (i.e., the written description of a product or service that a vendor must meet to be considered responsive to a solicitation) in addition to using geography as a preference or “selection criteria,” as already allowed in solicitations for unprocessed agricultural products purchased for CNP meals and snacks. Prior to the 2024 rule, CNP operators were only allowed to apply local as a preference, now known as a defined scoring advantage. A defined scoring advantage allows CNP operators to preference local products by awarding additional credits or points to unprocessed agricultural products that are locally grown, caught, or raised, during the evaluation of responses to a solicitation. With the 2024 rule, CNP operators may use both geographic preference option strategies:

  • Using local as a procurement specification; and/or
  • Applying a defined scoring advantage.

The 2024 rule regulatory language maintained that CNP operators, or state agencies purchasing on their behalf, have maximum flexibility to adopt their own definitions of “local” and did not prescribe a federal definition for the purpose of procuring local foods for CNPs. The 2024 rule explanatory language also maintained flexibility for CNP operators by continuing to note that federal regulations do not prescribe the way that geographic preference (i.e., the defined scoring advantage) may be applied or the amount of preference, such as additional credits or points, that can be given to local products. However, the 2024 rule did not add language to program regulations affirming to CNP operators that this flexibility was available to them.

Since the 2024 rule went into effect, USDA has published both implementation guidance and anticipatory policy guidance to support program operators implementing the provision.5 This guidance has helped prevent and address many technical assistance questions related to implementation. This direct final rule codifies clarifying aspects from that guidance by removing unnecessary language, clearly outlining geographic preference option strategies, and making nonsignificant copy edits.

This direct final rule:

  1. Replaces “procurement specification” with “product specification” to align with industry terminology.
  2. Replaces “selection criteria” with “defined scoring advantage” to align with policy guidance.
  3. Affirms that CNP operators have the flexibility to prescribe the way that a defined scoring advantage is applied and the amount of preference given to a product that meets their definition of local.
  4. Reformats the regulatory text to clearly describe how geographic preference strategies may be applied during the procurement process as a product specification, a defined scoring advantage during bid evaluation, or a mix of both strategies.
  5. Clarifies that CNP operators may use, but are not limited to, the phrases “local,” “locally grown,” “locally raised,” and “locally caught” in their solicitations.
  6. Removes the undefined term “minimally processed” since all allowable food handling and preservation techniques are specified in the definition of “unprocessed agricultural products.”
  7. For SBP, SMP, CACFP, and SFSP, revises regulations to refer back to NSLP geographic preference option regulations for consistency.

Accordingly, this direct final rule amends 7 CFR 210.21(g), 215.14a(e), 220.16(f), 225.17(e), and 226.22(c) to clarify how to apply the geographic preference option for the procurement of local, unprocessed agricultural products.

This direct final rule is not subject to the requirement to provide notice and an opportunity for public comment because it falls under the good cause exception at 5 USC 553(b)(B). The good cause exception is satisfied when notice and comment is “impracticable, unnecessary, or contrary to the public interest.” As stated before, the changes in this direct final rule do not alter the meaning of the regulations or their implementation; rather, they are intended to clarify existing regulatory requirements. It is unnecessary to provide notice and an opportunity for public comment because there is no change to regulations that impact the public.

If a significant adverse comment applies to a part of the direct final rule and that part can be severed from the remainder of the rule, USDA may adopt as final those provisions of the rule that are not the subject of the significant adverse comment.

List of Subjects

7 CFR Part 210
Food assistance programs, Grant programs-education, Grant programs–health, Infants and children, Nutrition, Penalties, Reporting and recordkeeping requirements, School breakfast and lunch programs, Surplus agricultural commodities.

7 CFR Part 215
Food assistance programs, Grant programs-education, Grant programs-health, Infants and children, Milk, Reporting and recordkeeping requirements.

7 CFR Part 220
Grant programs-education, Grant programs–health, Infants and children, Nutrition, Reporting and recordkeeping requirements, School breakfast and lunch programs.

7 CFR Part 225
Food assistance programs, Grant programs–health, Infants and children, Labeling, Reporting and recordkeeping requirements

7 CFR Part 226
Accounting, Aged, Day care, Food assistance programs, Grant programs, Grant programs—health, Indians, Individuals with disabilities, Infants and children, Intergovernmental relations, Loan programs, Reporting and recordkeeping requirements, Surplus agricultural commodities.

Accordingly, 7 CFR parts 210, 215, 220, 225, and 226 are amended as follows:

PART 210 – NATIONAL SCHOOL LUNCH PROGRAM

  1. The authority citation for part 210 continues to read as follows:
    Authority: 42 U.S.C. 1751-1760, 1779.
  2. In § 210.21, revise paragraph (g) to read as follows:
    § 210.21 Procurement.

* * * * *

(g) Geographic preference. (1) School food authorities participating in the Program and State agencies making purchases on behalf of school food authorities, may apply the geographic preference option when procuring local, unprocessed agricultural products. The geographic preference option may be applied using the following strategies, either singly or in combination:
(i) A “local product specification,” a written product description in a solicitation that identifies the local area from which the unprocessed agricultural product must originate for a bid to be considered responsive; or
(ii) A “defined scoring advantage,” a preference that gives additional credits or points for unprocessed agricultural products from a specified local area during bid evaluation. School food authorities and State agencies making purchases on behalf of school food authorities have the discretion to determine the method for applying a defined scoring advantage and to determine the amount of preference to give to products that meet their definition of local.
(2) In paragraph (g)(1) of this section, “local” means products that are locally grown, raised, or caught. School food authorities making the purchase and State agencies making purchases on behalf of school food authorities may use, but are not limited to, terms like “local,” “locally grown,” “locally raised,” and “locally caught” in their solicitations and have the discretion to determine the local area to which geographic preference will be applied, so long as there are an appropriate number of qualified firms able to compete.
(3) In paragraph (g)(1) of this section, “unprocessed agricultural products” means only agricultural products that retain their inherent character. The following food handling and preservation techniques are not considered to change the inherent character of an agricultural product:
(i) Cooling;
(ii) Refrigerating;
(iii) Freezing;
(iv) Size adjustment made by peeling, slicing, dicing, cutting, chopping, shucking, and grinding;
(v) Forming ground products into patties without any additives or fillers;
(vi) Drying/dehydration;
(vii) Washing;
(viii) Packaging (such as placing eggs in cartons), vacuum packing and bagging (such as placing vegetables in bags or combining two or more types of vegetables or fruits in a single package);
(ix) Adding ascorbic acid or other preservatives to prevent oxidation of produce;
(x) Butchering livestock and poultry;
(xi) Cleaning fish; and
(xii) Pasteurizing milk.

* * * * *

PART 215 – SPECIAL MILK PROGRAM FOR CHILDREN

3. The authority citation for part 215 continues to read as follows:

Authority: 42 U.S.C. 1772 and 1779.

4. In § 215.14a:
a. Revise paragraph (e); and
b. Remove the parenthetical authority citation at the end of the section.
The revision reads as follows:
§ 215.14a Procurement standards.

* * * * *

(e) Geographic preference. School food authorities participating in the Program may apply the geographic preference option under § 210.21(g) of this chapter.

PART 220 – SCHOOL BREAKFAST PROGRAM

5. The authority citation for part 220 continues to read as follows:

Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.

6. In § 220.16:
a. Revise paragraph (f); and
b. Remove the parenthetical authority citation at the end of the section.
The revision reads as follows:

§ 220.16 Procurement standards.

* * * * *

(f) Geographic preference. School food authorities participating in the Program may apply the geographic preference option under § 210.21(g) of this chapter.

PART 225 – SUMMER FOOD SERVICE PROGRAM

7. The authority citation for part 225 continues to read as follows:

Authority: Secs. 9, 13 and 14, Richard B. Russell National School Lunch Act, as amended (42 U.S.C. 1758, 1761 and 1762a).

8. In § 225.17, revise paragraph (e) to read as follows:

§ 225.17 Procurement standards.

* * * * *

(e) Sponsors participating in the Program may apply the geographic preference option under § 210.21(g) of this chapter.

* * * * *

PART 226 – CHILD AND ADULT CARE FOOD PROGRAM

9. The authority citation for part 226 continues to read as follows:

Authority: Secs. 9, 11, 14, 16, and 17, Richard B. Russell National School Lunch Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 1765 and 1766).

10. In § 226.22, revise paragraph (c) to read as follows:

§ 226.22 Procurement standards.

* * * * *
(c) Geographic preference. Institutions participating in the Program may apply the geographic preference option under § 210.21(g) of this chapter.

1 Secretary Rollins’ Vision for the Department’s 16 Nutrition Programs (February 13, 2025). Available at: https://www.fnA.usda.gov/rollins-statement-nutrition-programs.
2 Make America Healthy Again. Commission. Strategy Report: Make Our Children Healthy Again. Available at https://www.whitehouse.gov/wp-content/uploads/2025/09/The-MAHA-Strategy-WH.pdf page 10.
3 The Food, Conservation, and Energy Act of 2008 (PL 110-246). June 18, 2008. Available at: https://www.congress.gov/ 110/ plaws/ publ246/ PLAW-110publ246.pdf.
4 Child Nutrition Programs: Meal Patterns Consistent With the 2020– 2025 Dietary Guidelines for Americans (89 FR 31962, April 25, 2024). Available
at: https://www.federalregister.gov/documents/2024/04/25/2024-08098/child-nutrition-programs-mealpatterns-consistent-with-the-2020-2025-dietary-guidelines-for .
5 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. Available at: https://www.fna.usda.gov/f2s/geographic-preference-expansion. SP 24-2024,CACFP 10-2024, SFSP 14, 2024 Geographic Preference Option Questions & Answers. Available at: https://www.fna.usda.gov/f2s/geographic-preference-option-qa-memo.

Page updated: September 09, 2026