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Buy American Provision

Overview

The Buy American provision was added to the National School Lunch Act (NSLA) by Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336). Section 12(n) to the NSLA (42 USC 1760(n)), requiring school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodity or product. It is each SFA's responsibility to ensure USDA dollars are spent on American grown products.

The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs. SFAs must track non-domestic product(s) purchased which do not comply with the Buy American Provision.

Tracking Tools

 

Noncompliant Product List - Multiple (Word) 

Noncompliant Product List - Multiple (Excel)

Buy American Provision Attestation for Agricultural Product(s) Purchased Between School and Contractor  (Schools may use this attestation to track product(s) which do not have country of origin labeling and for purchases that do not comply with the Buy American provision)

Resources and Policy Memos

Buy American and the Agriculture Improvement Act of 2018, SP 32-2019, USDA, 08/15/2019

Compliance with and Enforcement of the Buy American Provision in the NSLP, SP 38-2017, USDA, 06/30/2017

Buy American Reminder, SP 29-2006, USDA, 08/09/2006

Buy American Fact Sheet, USDA, 05/30/2019