The following clauses may be incorporated into bid solicitations, purchase orders, and/or product specifications for food products purchased for use in any of the Child Nutrition Programs.
- The vendor shall purchase, to the maximum extent practicable, domestic commodities or products which are either an agricultural commodity produced in the United States or a food product processed in the United States substantially using agricultural commodities produced in the United States (U.S.).
- The vendor shall certify the percentage of U.S. content in the products supplied to the school food authority (SFA).
- The SFA reserves the right to review purchase records to ensure compliance with the Buy American provision in 7CFR Part 250.
- The vendor shall provide nutrition facts labels and any other documentation requested by the SFA to ensure compliance with U.S. content requirements.
- In the event a product is not produced or manufactured in the U.S.; the cost of a U.S. produced product is significantly higher than foreign products; and/or the product is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality, the vendor shall provide reasonable notice to the SFA in advance of the product purchase. The SFA may then issue approval of such product purchases on a case-by-case basis.
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