Section 111 of the Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265) amended section 9(h) of the Richard B. Russell National School Lunch Act regarding food safety inspections required in schools participating in the National School Lunch or School Breakfast Programs.

In the past, participating schools were required to obtain a minimum of one food safety inspection per school year or comply with the frequency required by local standards. Now, beginning July 1, 2005 each school must obtain at least two food safety inspections each school year. The inspections must be conducted by a State or local governmental agency responsible for food safety inspections. More frequent inspections may still be required by State or local governments. In addition, schools must post, in a publicly visible location, a report on the most recent food safety inspection, and provide a copy of the food safety inspection report to a member of the public upon request.

While you can't require your health department to conduct the inspections, we suggest you send a letter to the health department at the beginning of the school year with the list of your schools, requesting the inspections.  Document and retain your efforts to obtain the second inspection via letter, email, or phone from the health department.  If you participate in the Summer Food Service Program and your school is visited in the summer, that visit counts as one of your inspections.

The Reauthorization Act also requires State agencies to annually submit a report on food safety inspections to the Secretary. To meet this requirement, USDA plans to require State agencies to annually collect and submit the number of schools within their State that meet the requirement for two food safety inspections; the number of schools that have only obtained one inspection; the number of schools that have not been able to obtain any inspections; and the number of schools that exceed the required number of inspections.

USDA will send letters to the associations representing State and local food safety regulators and inspectors to inform them about the new requirement and to seek their anticipated cooperation.

Please contact Elizabeth Lattanzio at (518) 473-1525 if you have any questions on the food safety inspection provision.