Page 12 - AASBO Summer 2018.indd

SPRING CONFERENCE WRAP-UP

BY DON HARRIS
‘Buy American’ Requires Schools to Purchase

Food Products Grown, Produced Domestically

Julie Shelton

e federal Buy American food products program
has been around since 1933 and it still gives school
nutritionists heart burn as they try to provide students
with a variety of balanced meals.
To help AASBO members comply with the
program, Julie Shelton, Director School Food
Programs, Arizona Department of Education, spelled
out what schools can and cannot serve and the
exceptions that are available under the Buy American
Act.
In a breakout session at AASBO’s Spring
Conference, Shelton explained that food products
must be at least 51-percent domestically grown or
produced. U.S. territories of Guam, American Samoa,
the Virgin Islands, Puerto Rico, and the Northern Under the program, schools are required to monitor compliance,
Mariana Islands are considered domestic. including contractor performance. Schools need to check products
So where does that leave such fruits as bananas, mandarin upon delivery, require suppliers to certify the origin of the product
oranges and strawberries? Shelton is sympathetic to the plight and documentation about the percentage of U.S. content.
of food planners, and raised the question: “Do we have to stop But what if a school really wants to serve bananas? ere are
serving bananas, mandarin oranges and strawberries?” Not exceptions to the program, Shelton explained: “If the product is not
necessarily. She also mentioned canned fruit cocktail as potentially produced or manufactured in the United States in su cient and
problematic, emphasizing the 51-percent rule. reasonably available quantities or competitive bids reveal that costs
Buy American applies to foods procured using funds in food of a U.S. product are signi cantly higher, those are exceptions, and
service accounts, including federal funds, payments for meals, sales documentation for the exception must be kept on le.”
of competitive foods and other income generated by food service. For example, we know we can get pineapples from Hawaii, but
“We have to be good stewards of taxpayers’ money,” Shelton said. what’s the cost? Pineapples from Argentina are less expensive and
e purpose of the program, Shelton explained, is to support acceptable, Shelton said.
local and small business, minority and women-owned businesses, “If there is a signi cant di erence in cost – if it hurts your
and expand farm-to -school e orts. “It’s a way to give back to our bottom line, that is reason for an exception,” Shelton said. “Although
economy,” she said. exceptions to the Buy American provision exist, they are to be used
It also encourages schools to maximize their use of U.S. as a last and nal resort.”
Department of Agriculture foods and/or Department of Defense Back to bananas. If you want to have bananas on the menu, don’t
fresh produce. serve them every week. “ e USDA wants you to look at seasonal,
To determine if a food product is domestic, Shelton suggested similar type items,” Shelton said. “You can have an exception for
checking packaging information at delivery, invoices and receipts bananas every three weeks. It’s up to interpretation. When you’re
for country-of-origin information. working with the USDA there are a lot of gray areas.”
“Buy American must be written out in your procurement Issues to consider include whether there are other domestic
procedures or you must have a written plan,” she said, adding that sources for this product, whether there is a domestic product that
the Arizona Department of Education has a template on its website. could be easily substituted, whether you are procuring the product
“ at language must be in all of your product speci cations, bid at the best time of the year, and whether you are considering
solicitations, RFPs, contracts, purchase orders and procurement seasonal factors, Shelton said.
documents.” e USDA does not allow blanket exemptions for an entire
Even with a micro, one-time purchase, schools must follow Buy school year. It’s needed every time you make a non-domestic
American provisions, Shelton said. “It applies even if you run to
the grocery store for radishes,” she said. CONTINUED ON PAGE 14

12 THE EDGE SUMMER 2018

THE EDGE |