[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Proposed Rules]
[Pages 45359-45364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17941]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / 
Proposed Rules  

[[Page 45359]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210 and 220

[FNS-2007-0007]
RIN 0584-AD65


School Food Safety Program Based on Hazard Analysis and Critical 
Control Point Principles

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Child Nutrition and WIC Reauthorization Act of 2004 
requires school food authorities participating in the National School 
Lunch Program (NSLP) or the School Breakfast Program (SBP) to implement 
a school food safety program for the preparation and service of school 
meals served to children. The school food safety program must comply 
with the hazard analysis and critical control point (HACCP) system 
established by the Secretary of Agriculture. This proposal would enable 
schools to take systematic action to prevent or minimize the risk of 
foodborne illness in the NSLP and SBP.

DATES: Comments must be received on or before September 19, 2008 to be 
assured of consideration.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested 
persons to submit comments on this proposed rule. Comments may be 
submitted by one of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Preferred method; follow the online instructions 
for submitting comments on docket FNS-2007-0007.
     Fax: Submit comments by facsimile transmission to: (703) 
305-2879, attention Robert Eadie.
     Mail: Comments should be addressed to Robert Eadie, Chief, 
Policy and Program Development Branch, Child Nutrition Division, Food 
and Nutrition Service, Department of Agriculture, 3101 Park Center 
Drive, Room 640, Alexandria, Virginia 22302-1594.
     Hand Delivery or Courier: Deliver comments to the Food and 
Nutrition Service, Child Nutrition Division, 3101 Park Center Drive, 
Room 640, Alexandria, Virginia 22302-1594, during normal business hours 
of 8:30 a.m.-5 p.m.
    All comments submitted in response to this proposed rule will be 
included in the record and will be made available to the public. Please 
be advised that the substance of the comments and the identity of the 
individuals or entities submitting the comments will be subject to 
public disclosure. FNS will make the comments publicly available on the 
Internet via http://www.regulations.gov.
    All submissions will be available for public inspection at the 
address above during regular business hours (8:30 a.m. to 5:30 p.m.) 
Monday through Friday.

FOR FURTHER INFORMATION CONTACT: William Wagoner or Marisol Benesch at 
the above address or by telephone at 703-305-2590.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 111 of the Child Nutrition and WIC Reauthorization Act of 
2004 (Pub. L. 108-265; June 30, 2004) amended section 9(h) of the 
Richard B. Russell National School Lunch Act (NSLA) (42 U.S.C. 1758(h)) 
by adding the requirement that school food authorities (SFAs) implement 
a food safety program at each food preparation and service facility 
participating in the NSLP or the SBP. The food safety program, which 
became a requirement in the school year beginning July 1, 2005, must be 
based on the HACCP system established by the Secretary of Agriculture.
    HACCP is a food safety management system that focuses on the 
control of biological, chemical and physical hazards in food and food 
preparation practices. Through a HACCP-based food safety program, 
schools can identify potential food hazards, identify critical points 
where hazards can be controlled or minimized using control measures, 
and develop monitoring procedures to determine if the hazards 
identified are being effectively controlled.
    This proposed rule is consistent with the seven HACCP principles 
that were updated by the 1997 National Advisory Committee for 
Microbiological Criteria for Foods. The HACCP principles are:
    1. Perform a hazard analysis.
    2. Decide on critical control points (CCPs).
    3. Determine critical limits.
    4. Establish procedures to monitor CCPs.
    5. Establish corrective actions.
    6. Establish verification procedures.
    7. Establish a record keeping system.
    In 2003, the Food and Drug Administration (FDA) developed the 
Process Approach to HACCP principles for use in retail food 
establishments. The Process Approach simplified the traditional HACCP 
procedures by grouping foods according to preparation process and using 
the same safety procedures for each menu item within a group, instead 
of developing a HACCP plan for each item.
    This proposed rule seeks to formally establish the requirements for 
a school food safety program based on HACCP principles. Implementation 
of this proposal would codify the requirements in the ``Guidance for 
School Food Authorities: Developing a School Food Safety Program Based 
on the Process Approach to HACCP Principles.'' The Guidance was issued 
in June 2005, pursuant to authority in section 501(a) of Public Law 
108-265, to provide school food authorities immediate and practical 
help to implement a HACCP-based food safety program in the school year 
beginning July 1, 2005. The Guidance continues in effect during this 
rulemaking and we expect that the HACCP-based food safety programs 
established will remain in place, based on the requirements of Public 
Law 108-265.
    The Guidance was developed with input from representatives from the 
Food Safety and Inspection Service, FDA, National Food Service 
Management Institute (NFSMI), Centers for Disease Control and 
Prevention, School Nutrition Association, National Environmental Health 
Association, State and local public health agencies, and State 
education agencies, including school food service directors. It is 
available at the FNS Web site, http://www.fns.usda.gov/cnd, under the 
headings ``Guidance'' and ``School Food Safety.''
    Prior to the amendment to section 9(h) of the NSLA by section 111 
of Public Law 108-265, there was no

[[Page 45360]]

specific requirement for a food safety program of this kind in the NSLP 
or SBP. Schools have maintained a good food safety record by monitoring 
food temperatures during refrigeration, cooking, and other operational 
steps as required by State and local laws public health standards. In 
recent years, however, the public, media, and Congress have placed more 
emphasis on protecting children from foodborne illnesses. The school 
meal programs are the first segment of retail food service operations 
required by Federal law to implement a food safety program based on 
HACCP principles.

II. The Importance of HACCP in Schools

    More than 100,000 schools participate in the NSLP and SBP and serve 
over 36 million breakfasts and lunches daily. Most of these schools 
follow basic food safety procedures and reports of foodborne illness in 
the school meal programs are few compared to the millions of school 
meals served daily. Although schools are generally safe places for 
children to eat, it is important that all schools follow food safety 
practices consistently and systematically. Reports issued by FDA in 
2000 \1\ and 2004 \2\ showed that improper holding/time and 
temperatures and inadequate personal hygiene are foodborne illness risk 
factors in a number of elementary schools.
---------------------------------------------------------------------------

    \1\ ``FDA Retail Food Program Database of Foodborne Illness Risk 
Factors'', U.S. Food and Drug Administration, Center for Food Safety 
and Applied Nutrition, August 10, 2000.
    \2\ ``FDA Report on the Occurrence of Foodborne Illness Risk 
Factors in Selected Institutional Foodservice, Restaurant, and 
Retail Food Store Facility Types (2004)'', U.S. Food and Drug 
Administration, Center for Food Safety and Applied Nutrition, 
September 14, 2004.
---------------------------------------------------------------------------

    As recognized by the 2005 ``Dietary Guidelines for Americans,'' 
food safety is a vital aspect of healthy eating. There is concern for 
school food safety because large numbers of children could be affected 
if foodborne illness occurs in schools. Schools also feed many young 
children, a population group that is at a higher risk of becoming 
seriously ill or dying from foodborne illnesses. Furthermore, foodborne 
illness outbreaks have an effect on families and communities in terms 
of medical costs and losses in productivity.\3\ Obviously, public 
confidence and student participation in the school meal programs also 
would be affected.
---------------------------------------------------------------------------

    \3\ In 2000, the Economic Research Service estimated human 
illness costs for five bacterial pathogens: Campylobacter, 
Salmonella (nontyphoidal serotypes only), E. coli 0157 and non-0157 
STEC, and Listeria monocytogenes. http://www.ers.usda.gov/Emphases/SafeFood/.
---------------------------------------------------------------------------

    Congress demonstrated its concern regarding food safety in the 
school meal programs in two ways in Public Law 108-265. First, it 
increased the number of inspections by State or local food safety 
agencies that SFAs must obtain, required public notification of the 
reports of such inspections, and required State and Federal audits to 
assure that the inspections are obtained. These requirements were 
implemented in an interim rule published in the Federal Register on 
June 15, 2005. Second, the legislation mandates that SFAs implement 
HACCP-based food safety programs and establishes technical assistance 
and training related to HACCP to help SFAs in these efforts. The 
legislation strikes a balance which recognizes and supports the 
traditional role of State and local food safety agencies in assuring 
compliance with food safety standards, while encouraging SFAs to 
maintain highly effective food safety practices through HACCP-based 
programs with technical assistance and training from the Federal level.
    It is important to note that the legislation does not create new 
food safety responsibilities for State educational agencies or for FNS. 
The role of the State educational agencies and FNS is to ensure that 
SFAs obtain the required State or local food safety inspections, that 
SFAs implement HACCP-based food safety programs, and that SFAs have 
technical assistance and training available. None of these roles is 
intended to duplicate or interfere in any way with the responsibilities 
of the State and local food public health agencies.
    HACCP focuses school food safety efforts on prevention, since it is 
designed to avoid problems and detect and correct unsafe conditions 
before a meal is served. The HACCP requirement complements current NSLP 
efforts, such as the School Meals Initiative, aimed at improving the 
quality of meals served to millions of school children daily.

III. The ``Process Approach'' to HACCP

    This proposal and the Guidance issued by FNS to help SFAs develop a 
school food safety program are based on the Process Approach to HACCP, 
a modified version of traditional HACCP. The Process Approach was 
developed by FDA for retail food service settings such as restaurants. 
FNS further adapted FDA's Process Approach specifically for school food 
service operations.
    The Process Approach to HACCP classifies menu items into three 
broad categories. These categories, listed below, are based on whether 
or not a menu item takes a complete trip through the temperature danger 
zone (41 [deg]F to 135 [deg]F) during preparation and service and how 
many times it does so. The way that a particular menu item is handled 
at each food preparation or service facility will determine the 
category for the menu item.
     Process I: No Cook Step--No cooking is involved, so the 
menu item does not make a complete trip through the temperature danger 
zone.
     Process II: Same Day Service--The menu item takes one 
complete trip through the temperature danger zone (during cooking) and 
is served.
     Process III: Complex Food Preparation--The menu item goes 
through both cooking and cooling, and possibly reheating, taking two or 
more complete trips through the temperature danger zone.
    The Process Approach makes it easier to apply HACCP principles in 
school food service operations. Under the Process Approach, it is not 
necessary to conduct a hazard analysis for each menu item. All menu 
items in a process category share similar types of hazards and require 
the same control measures. In addition, the critical control points for 
all the menu items in a category are easily identified. For example, 
all menu items in Process 2 require proper cooking and hot holding to 
prevent or eliminate biological hazards.
    Another advantage of the Process Approach is that it meets the 
needs of the individual food service operations. The Process Approach 
works in central kitchens, satellite sites, service-only sites, and on-
site preparation facilities.
    The Process Approach to HACCP is a simpler method for school food 
service operations than traditional HACCP. However, this proposal would 
allow SFAs that currently have a food safety program based on 
traditional HACCP to retain their program after consultation with the 
State Agency (SA) to ensure that the program meets all the elements 
described in this proposal.

IV. Resources for Schools

    FNS recognizes while most SFAs already follow HACCP principles, 
others require assistance to implement this type of food safety 
management system. One resource for SFAs and SAs is the Guidance we 
distributed in June 2005 to help each SFA develop a practical food 
safety program that meets the needs and capabilities of sites under its 
jurisdiction. The Guidance provides simple instructions for developing 
a HACCP-based food safety program, and includes many examples of 
Standard Operating Procedures (SOPs) and

[[Page 45361]]

prototype recordkeeping forms. SFAs can consult the Guidance for ideas 
on SOPs and recordkeeping forms for their operation and may use the 
sample forms provided in the Guidance, create new forms or modify 
existing ones, if necessary.
    We expect that as SFAs and food service workers gain experience and 
become comfortable with their food safety program, obstacles to 
accomplishing monitoring and recordkeeping tasks will gradually 
diminish. We encourage SAs and SFAs to take advantage of the training 
and educational resources available from NFSMI. Section 125 of Public 
Law 108-265 amended section 21(c)(2)(B) of the NSLA (42 U.S.C. 
1769b(c)(2)(B)), adding to the duties of the NFSMI the responsibility 
to provide training and technical assistance to SAs and SFAs on HACCP, 
among other food safety issues. The NFSMI Help Desk is also available 
to provide general information on food safety and HACCP (800-321-3054, 
8 a.m.-5 p.m., central time).

V. Roles and Responsibilities

    Section 9(h) of the NSLA requires each SFA to implement a food 
safety program that complies with the Secretary's HACCP principles for 
each meal served as part of the NSLP or SBP. This proposal would 
require each SFA to develop a program for each food preparation and 
service facility under its jurisdiction. As stated in Sec.  210.13(c) 
of this proposal, the food safety program would include SOPs and be 
based on HACCP principles, which can be applied more easily by 
following the Process Approach. Since hazard analysis and control 
measures are built into the Process Approach, an SFA would primarily 
have to establish procedures (if none currently exist) to monitor and 
record time and temperature at operational steps designated as critical 
control points (refrigeration, cooking, cooling, reheating, and 
holding).
    Because each school food service operation is unique and they vary 
widely in complexity, the SFA would have to determine what critical 
control points need to be monitored and recorded, how to document them, 
who will do so and how frequently. Records such as temperature logs and 
written SOPs would be necessary to demonstrate that a food safety 
program is in place.
    We would strongly encourage food service operations to use existing 
records to document control measures and corrective actions. While 
records must be accurate, they need not be elaborate. Prototype forms 
provided in the Guidance are optional and may be used or adapted at the 
discretion of the SFA.
    Section 210.15(b)(5) of this proposal would require that 
documentation be kept for two years, the current one and the prior 
school year. As stated in Sec.  210.18(h)(6) of this proposal, food 
safety records would be examined during program reviews, such as the 
Coordinated Review Effort.
    In addition, Sec.  210.18(h)(6) of this proposal would require an 
SFA to conduct periodic reviews at each food preparation and service 
facility to verify that control measures, corrective action, and 
recordkeeping are being performed regularly and in accordance with the 
SFA's written program. This review could be done in conjunction with 
the annual on-site review conducted under Sec.  210.8(a)(1).
    This proposal would not require SFAs to seek outside sources to 
conduct periodic reviews or to assess the validity of the food safety 
program. SFAs have discretion to seek help from any State or local food 
safety professional (e.g., health inspector) who has a thorough 
understanding of HACCP to assist with the reviews or assessments and 
other activities such as staff training. Neither section 111 of Public 
Law 108-265 nor this proposal require State or local public health 
agencies to develop, monitor, or validate the school food safety 
programs. However, FNS anticipates that those agencies will be 
available, as their resources permit, to assist SFAs and schools with 
their food safety efforts.
    Primary responsibility for the implementation of the food safety 
program at each school would rest on the food service or cafeteria 
manager; however, the success of the program is largely determined by 
the employees. Therefore, it is important that employees, including 
temporary help, be aware of the importance of following the complete 
food safety program.
    As with any program question, SFAs should go to their SA for 
clarification or assistance with food safety.
    SAs would be expected to provide technical assistance and training 
to their SFAs to facilitate compliance with this requirement, in 
accordance with existing Sec. Sec.  210.19(a)(4) and 220.13(f)(1) and 
new Sec.  210.18(h)(6) of this proposal. This could be accomplished 
through collaboration with various sources, including NFSMI and 
contractors. SAs would confirm implementation of the food safety 
program through administrative reviews, SMI evaluations and other 
means. If an SFA only participates in the SBP, the SA would still be 
required to confirm compliance with this rule as stated in current 
Sec.  220.13(k) and Sec.  220.7(a)(3) of this proposal.
    It is important to note that satisfactory implementation of the 
HACCP-based food safety program would not exempt schools from obtaining 
two food safety inspections per school year, which is a requirement in 
Sec.  210.13(b) established through another amendment to section 9(h) 
of the NSLA by section 111 of Public Law 108-265 and its implementing 
interim rule (70 FR 34627) published on June 15, 2005. These two 
independent, but related, requirements work together to help ensure the 
delivery of safe foods to children in the school meal programs.

VI. Procedural Matters

Executive Order 12866

    This proposed rule has been determined to be significant and was 
reviewed by the Office Management and Budget in conformance with 
Executive Order 12866.

Regulatory Impact Analysis

Need for Action
    This proposal is needed to codify the statutory requirement that 
SFAs participating in the NSLP and the SBP develop HACCP-based food 
safety programs for the preparation and service of school meals.
Benefits
    Implementing HACCP-based food safety programs in schools would 
enable schools to take a systematic approach to food safety and reduce 
the risk of foodborne illnesses in the school meals programs serving 
over 30 million children nationwide.
Costs
    The Regulatory Impact Analysis estimates the total cost associated 
with implementing a HACCP-based food safety program at $42.5 million in 
the first year of implementation. FNS expects that the subsequent 
annual costs associated with this proposal would decline as one-time 
program development efforts are completed, with 5-year costs totaling 
$99.3 million (in 2006 dollars, discounted at a 7% rate).

Regulatory Flexibility Act

    This proposal has been reviewed with regard to the requirements of 
the Regulatory Flexibility Act (5 U.S.C. 601-612). This proposed rule 
would require SFAs to implement a HACCP-based food safety program in 
each of the food preparation and service facilities under their 
jurisdiction. Existing program regulations under Sec.  210.13(a)

[[Page 45362]]

require that SFAs follow proper sanitation and health standards 
established under State and local law. Some SFAs already follow HACCP 
principles or have SOPs, which are elements of the proposed school food 
safety program. FNS and NFSMI provide technical assistance and training 
programs which would help SFAs implement the proposed food safety 
program. For these reasons, this proposal does not impose a significant 
economic impact on small entities.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, FNS 
must generally prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local or tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. When such a statement is needed for a rule, section 205 of 
the UMRA generally requires FNS to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, more 
cost-effective or least burdensome alternative that achieves the 
objectives of the rule. Although the food safety program in this 
proposal entails training and recordkeeping costs, this rule contains 
no Federal mandates (under the regulatory provisions of Title II of the 
UMRA) for State, local, and tribal governments or the private sector of 
$100 million or more in any one year. Thus, this proposed rule is not 
subject to the requirements of UMRA.

Executive Order 12372

    The National School Lunch Program is listed in the Catalog of 
Federal Domestic Assistance under No. 10.555, and the School Breakfast 
Program is listed under No. 10.553. For the reasons set forth in the 
final rule in 7 CFR part 3015, Subpart V and related Notice (48 FR 
29115), these programs are included in the scope of Executive Order 
12372, which requires intergovernmental consultation with State and 
local officials.

Federalism Summary Impact Statement

    Executive Order 13132 requires Federal agencies to consider the 
impact of their regulatory actions on State and local governments. 
Where such actions have federalism implications, agencies are directed 
to provide a statement for inclusion in the preamble to the regulations 
describing the agency's considerations in terms of the three categories 
called for under section (6)(b)(2)(B) of Executive Order 13132.
Prior Consultation With State and Local Officials
    Shortly after passage of the Child Nutrition and WIC 
Reauthorization Act of 2004, FNS met with officials from State 
education agencies to discuss the new school food safety requirements 
and to hear their concerns. FNS also solicited input from the Food 
Safety and Inspection Service, Food and Drug Administration, National 
Food Service Management Institute, Centers for Disease Control and 
Prevention, School Nutrition Association, National Environmental Health 
Association, State and local public health agencies, and State 
education agencies, including school food service directors, to develop 
the HACCP guidance as authorized by Title V of the Child Nutrition and 
WIC Reauthorization Act of 2004. This proposal takes into account the 
stakeholders' concerns.
Nature of Concerns and Need To Issue This Rule
    Some State and local officials raised concerns that school food 
service personnel may lack the expertise and time to properly implement 
a HACCP-based food safety program. Others expressed concern that the 
proposed requirement will increase the workload of school foodservice 
personnel. The HACCP-based food safety program is a non-discretionary 
requirement established by the Child Nutrition and WIC Reauthorization 
Act of 2004 that requires the use of procedures that are generally 
regarded as essential in institutional food service operations. To 
address the stakeholders' concerns, FNS offered schools the Process 
Approach to HACCP, which is an easier method to apply HACCP principles 
than those normally used in a retail food service operation. FNS 
adapted the Process Approach to HACCP to specifically fit the school 
food service operation.
Extent to Which FNS Meets Those Concerns
    FNS issued a guidance document on June 10, 2005 to help SFAs 
implement a school food safety program based on HACCP principles. The 
guidance document provides step-by-step instructions for implementing 
the food safety program, and includes a sample plan and prototype 
recordkeeping forms. In addition, the National Food Service Management 
Institute, which was statutorily established as a resource for SFAs and 
others, developed a nationwide training programs and technical 
assistance materials to help State agencies assist their SFAs in 
implementing the HACCP-based food safety program. FNS will assess the 
need for additional training and technical assistance resources as we 
learn about program experience at the State and local levels.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule, when published final, is intended to have 
preemptive effect with respect to any State or local laws, regulations 
or policies which conflict with its provisions or which would otherwise 
impede its full implementation. This rule is not intended to have 
retroactive effect unless so specified in the Dates paragraph of the 
final rule when published. Prior to any judicial challenge to the 
provisions of this rule or the application of its provisions, all 
applicable administrative procedures under Sec.  210.18(q) or Sec.  
235.11(f) must be exhausted.

Civil Rights Impact Analysis

    FNS has reviewed this proposed rule in accordance with the 
Department Regulation 4300-4, ``Civil Rights Impact Analysis,'' to 
identify any major civil rights impacts the rule might have on children 
on the basis of age, race, color, national origin, sex or disability. 
After a careful review of the rule's intent and provisions, FNS has 
determined that it does not affect the participation of protected 
individuals in the NSLP and SBP.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR 
part 1320) requires that the Office of Management and Budget (OMB) 
approve all collections of information by a Federal agency from the 
public before they can be implemented. Respondents are not required to 
respond to any collection of information unless it displays a current 
valid OMB control number. This proposed rule contains information 
collections that are subject to review and approval by OMB; therefore, 
FNS is submitting for public comment the changes in the information 
collection burden that would result from adoption of the proposals in 
the rule.
    Comments must be received by October 6, 2008.
    Comments may be sent to Office of Information and Regulatory 
Affairs, OMB, Attention--Desk Officer for FNS,

[[Page 45363]]

either by fax to 202-395-6974 or by e-mail to [email protected]. Please also send a copy of your comments or 
requests for information to: Robert M. Eadie, Chief, Policy and Program 
Development Branch, Child Nutrition Division, Food and Nutrition 
Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 
636, Alexandria, Virginia 22302. FNS may make the comments publicly 
available by posting them on http://www.regulations.gov.
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the collection of information on those who 
are to respond, including use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.
    Title: 7 CFR 210, National School Lunch Program.
    OMB Number: 0584-0006.
    Expiration Date: 03/31/2009.
    Type of Request: Revision of currently approved information 
collection.
    Abstract: Public Law 108-265; June 30, 2004, amended section 9(h) 
of the Richard B. Russell National School Lunch Act (NSLA) (42 U.S.C. 
1758(h)) by adding the requirement that school food authorities (SFAs) 
implement a food safety program at each food preparation and service 
facility participating in the National School Lunch Program (NSLP) or 
School Breakfast Program (SBP). The food safety program must be based 
on the Hazard Analysis Critical Control Point (HACCP) system 
established by the Secretary of Agriculture and implemented in the 
school year 2005-2006. Through a HACCP-based food safety program, 
schools can identify potential food hazards, identify critical points 
where hazards can be controlled or minimized using control measures, 
and develop monitoring procedures to determine if the hazards 
identified are being effectively controlled.

                                                                 Estimated Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                              Average
                  Reporting                                     Section                      Number of        Annual        burden per     Annual burden
                                                                                            respondents      frequency       response          hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
State agency confirms that each school food    7 CFR 210.18(h)(6).......................              57              61               1           3,477
 authority has a food safety program based
 on HACCP principles. New Burden.
SFA implements a food safety program based    7 CFR 210.13(c)...........................          20,710               1              76       1,573,960
 on HACCP principles for each food
 preparation and service facility under its
 jurisdiction. New burden.
                                                                                         ---------------------------------------------------------------
    Total New Reporting.....................  ..........................................  ..............  ..............  ..............       1,577,437
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                                                                                          Annual  number                      Average
                Recordkeeping                                   Section                         of            Annual        burden per     Annual burden
                                                                                            respondents      frequency       response          hour
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schools maintain records from food safety     7 CFR 210.15(b)(5)........................         100,398             180             .02         361,433
 program. New Burden.
                                                                                         ---------------------------------------------------------------
    Total New Recordkeeping.................  ..........................................  ..............  ..............  ..............         361,433
                                             -----------------------------------------------------------------------------------------------------------
    Total Burden Requested..................  ..........................................  ..............  ..............  ..............       1,938,870
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Those respondents participating in the School Breakfast Program 
also participate in the National School Lunch Program, thus the burden 
associated with the School Breakfast Program will be carried in the 
National School Lunch Program.
    Estimated Number of Respondents: 121,165.
    Estimated Number of Responses per Respondent: 149.
    Estimated Hours per Response: .1.
    Estimated Total Annual Burden: 1,938,870.

E-Government Act

    FNS is committed to complying with the E-Government Act to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.

List of Subjects

7 CFR Part 210

    Grant programs--education, Grant programs-health, Infants and 
children, Nutrition, Penalties, Reporting and recordkeeping 
requirements, School breakfast and lunch programs, Surplus agricultural 
commodities.

7 CFR Part 220

    Grant programs--education, Grant programs--health, Infants and 
children, Nutrition, Reporting and recordkeeping requirements, School 
breakfast and lunch programs.

    Accordingly, 7 CFR parts 210 and 220 are proposed to be amended as 
follows:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

    1. The authority citation for 7 CFR part 210 continues to read as 
follows:

    Authority: 42 U.S.C. 1751-1760, 1779.

    2. In Sec.  210.9, revise paragraph (b)(14) to read as follows:


Sec.  210.9  Agreement with State agency.

* * * * *
    (b) * * *
    (14) Maintain, in the storage, preparation and service of food, 
proper sanitation and health standards in conformance with all 
applicable State and local laws and regulations, and comply with the 
food safety requirements of Sec.  210.13;
* * * * *

[[Page 45364]]

    3. In Sec.  210.13, redesignate paragraph (c) as paragraph (d), and 
add a new paragraph (c) to read as follows:


Sec.  210.13  Facilities management.

* * * * *
    (c) Food safety program. The school food authority must develop a 
written food safety program for each of its food preparation and 
service facilities that meets the requirements in paragraph (c)(1) or 
paragraph (c)(2) of this section.
    (1) A school food authority with a food safety program based on 
traditional hazard analysis and critical control point (HACCP) 
principles must:
    (i) Perform a hazard analysis;
    (ii) Decide on critical control points;
    (iii) Determine the critical limits;
    (iv) Establish procedures to monitor critical control points;
    (v) Establish corrective actions;
    (vi) Establish verification procedures; and
    (vii) Establish a recordkeeping system.
    (2) A school food authority with a food safety program based on the 
process approach to HACCP must ensure that its program includes:
    (i) Standard operating procedures to provide a food safety 
foundation;
    (ii) Menu items grouped according to process categories;
    (iii) Critical control points and critical limits;
    (iv) Monitoring procedures;
    (v) Corrective action procedures;
    (vi) Recordkeeping procedures; and
    (vii) Periodic program review and revision.
* * * * *
    4. In Sec.  210.15,
    a. Revise the introductory text in paragraph (b); and
    b. Revise paragraph (b)(5).
    The revisions read as follows:


Sec.  210.15  Reporting and recordkeeping.

* * * * *
    (b) Recordkeeping summary. In order to participate in the Program, 
a school food authority or a school, as applicable, must maintain 
records to demonstrate compliance with Program requirements. These 
records include but are not limited to:
* * * * *
    (5) Records from the food safety program for the current and prior 
school year to demonstrate compliance with Sec.  210.13(c), and records 
from the most recent food safety inspection to demonstrate compliance 
with Sec.  210.13(b).
    5. In Sec.  210.18, add a new paragraph (h)(6) to read as follows:


Sec.  210.18  Administrative reviews.

* * * * *
    (h) * * *
    (6) Food safety. The State Agency must examine records to confirm 
that each school food authority under its jurisdiction meets the food 
safety requirements of Sec.  210.13.
* * * * *

PART 220--SCHOOL BREAKFAST PROGRAM

    1. The authority citation for 7 CFR part 220 continues to read as 
follows:

    Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.

    2. In Sec.  220.7:
    a. Add a new paragraph (a)(3); and
    b. Revise paragraph (e)(8).
    The addition and revision read as follows:


Sec.  220.7  Requirements for participation.

    (a) * * *
    (3) A school food authority must implement a food safety program 
meeting the requirements of part 210 of this chapter at each of the 
food preparation and service facilities under its jurisdiction.
* * * * *
    (e) * * *
    (8) Maintain, in the storage, preparation and service of food, 
proper sanitation and health standards in conformance with all 
applicable State and local laws and regulations, and comply with the 
food safety requirements in paragraph (a)(2) and paragraph (a)(3) of 
this section;
* * * * *

    Dated: July 28, 2008.
Kate Houston,
Acting Under Secretary, Food, Nutrition, and Consumer Services.
[FR Doc. E8-17941 Filed 8-4-08; 8:45 am]
BILLING CODE 3410-30-P