Each child care institution approved to participate in the Non-School Special Milk Program (SMP) shall upon request, make all records pertaining to its milk program available to the State agency, FNS, and Office of Audit (OA). The following information will assist non-school agencies with assessing compliance with the USDA regulations 7 CFR §215.1-215.17 for the Special Milk Program (SMP).
For a refresher please view the E-Learning Course for the Non-School Special Milk Program (SMP) by clicking on the link below.
- This web-based course can be accessed on your PC, laptop, tablet, and cell phone.
- Staff can train on topics related to their job duties.
- No special access codes or passwords are needed.
- A certificate of training is available at the end of each lesson.
What to Know
The intent of monitoring the SMP is to determine program compliance in accordance to regulatory requirements (7 CFR § 215.1-215.17), and your agency's approved contract. The following will assist your agency in determining its compliance within the Program.
1. Compliance with Agreement-Policy Statement
Is your agency operated in compliance with it's Application/Agreement/Policy Statement?
2. Milk Selection
Does your agency provide the correct milk selections to children according to the USDA regulations?
Fluid milk and non-dairy fluid milk substitutes served must meet the requirements as outlined in this section.
(a) Types of fluid milk. All fluid milk served in the Program must be pasteurized fluid milk which meets State and local standards for such milk, have vitamins A and D at levels specified by the Food and Drug Administration, and must be consistent with State and local standards for such milk. Fluid milk must also meet the following requirements:
(1) Children 1 year old. Children one year of age must be served unflavored whole milk.
(2) Children 2 through 5 years old. Children two through five years old must be served either unflavored low-fat (1 percent) or unflavored fat-free (skim) milk.
(3) Children 6 years old and older. Children six years old and older must be served unflavored low-fat (1 percent) or flavored or unflavored fat-free (skim) milk.
(b) Fluid milk substitutes. Non-dairy fluid milk substitutions that provide the nutrients listed in the following table and are fortified in accordance with fortification guidelines issued by the Food and Drug Administration may be provided for non-disabled children who cannot consume fluid milk due to medical or special dietary needs when requested in writing by the child's parent or guardian. A school or day care center need only offer the non-dairy beverage that it has identified as an allowable fluid milk substitute according to the following table.
|Per cup (8 fl oz)
3. Recordkeeping and Reporting
Does your agency comply with USDA's Recordkeeping and Reporting requirements?
- The signed Agreement-Policy Statement is kept on file permanently and for three years after your agency termination from the Program.
- The following records are kept on file for a period of three years plus current year after the fiscal year to which they apply:
- Contract approval letter;
- SMP records (monthly claims and daily milk counts or tally sheets of milk consumed);
- Full and accurate financial records that support the amount of milk reimbursed including dairy delivery slips and/or receipts for milk purchased which clearly identify the type, unit, price, date, and place of purchase for each transaction within the calendar month;
- Complete Milk Record Workbook reflecting milk purchases, spoilage, loss, theft, and/or adults served; and
- Daily milk counts or tally sheets of milk consumed support total number of milks/milk substitutes served to children and claimed for reimbursement
- Milk is served in the full 8 oz. portion; or if utilizing family style service, milk is being served in at least a 10 oz. cup;
- Previous review, except when findings have not been resolved; the records must then be retained as long as required for resolution of the issues raised
4. Civil Rights Requirements
Does your agency comply with federal Civil Rights requirements?
- SMP information is available to the public when requested;
- Serve milk to all children regardless of race, color, national origin, sex, age, or disability;
- Display the And Justice for All Poster (11" x 17" format) in a visible place at each site and administrative office (if separate);
In May 2022, USDA updated the And Justice for All poster with the updated nondiscrimination statement. DPI has ordered the new posters and once they are received, the DPI will distribute them to our participating agencies. Continue to post the 2019 posters or print this 2022 poster to use until the new posters arrive.
- Complete the Race and Ethnicity Data Form annually as indicated on your approval letter. Camps must complete a form for each session;
- Provide annual Civil Rights Training for all agency personnel who interact with program participants as well as those who supervise these staff;
- Procedures are available that accommodate students with special dietary needs;
- Annually submit News Media Release to a media outlet; and
- Include the USDA nondiscrimination statement and procedure for filing a complaint in all agency materials that mention SMP or USDA.
5. Food Safety Practices
Does your agency comply with Food Safety practices?
- Adhere to sanitation method per Wisconsin Food Code and/or DCF 251.06(5) and DCF 251.06(9)
- Agency maintains an accurate Temperature and Cleaning Log;
- Working thermometers are kept in all refrigeration units;
- Milk is refrigerated within a temperature range of 35-40 degrees Fahrenheit from the time of delivery until the time of service;
- Milk deliveries are rotated on a first-in first-out basis; use oldest milk first;
- Do not use milk after its expiration date (the expiration date is located on the milk container);
- Routine cleaning schedules are maintained to keep internal and external surfaces of cold storage units clean; and
- Routine maintenance is scheduled to check temperature, condensation, and replace worn seals.
An agency participating in the SMP must receive a review at a minimal once every three years. The Authorized Representative (AR) identified in the agency's Special Milk Program (SMP) contract will receive an email from the Department of Public Instruction Community Nutrition Team notifying the agency that an administrative review will be completed in this fiscal year.
The review announcement letter will be sent via electronic mail, and will contain the following information:
- Purpose of the administrative review (to determine the agency's compliance with SMP regulations and to provide technical assistance in administering the Program)
- Reimbursement claim that will be reviewed
- Requested documentation
- Due date for receipt of documentation
- Primary contact information
The agency shall submit the required documentation listed on the Review Documents Checklist and prepare requested reports to be sent to the designated person in the letter, by the due date identified in the announcement letter.