Buy American Requirements Are Changing

Dear School Leaders,

A we begin the new school year, an important change is taking effect that will affect your meal program. Beginning with the 2026–2027 school year, the Buy American requirement for the National School Lunch Program and School Breakfast Program will become progressively more stringent.

Because compliance with Buy American is expected to be a key focus during administrative reviews, we recommend reviewing your purchasing practices and documentation now to ensure you are prepared and positioned for compliance before the school year begins.

What is Buy American?

Under the Buy American provision, agricultural commodities such as fruits, vegetables, grains, and all other food products served as part of the meal programs must be produced and processed in the U.S.

For the 2026–2027 school year, NYSED is allowing a maximum of 10% approved exceptions of non-domestic commercial food purchases. This percentage will reduce gradually over the next 5 years.

Who Does This Affect?

The Buy American requirements will apply to all schools partaking in the NSLP or SBP programs.

Whether your school purchases food through a distributor, food service management company, or other vendors, the school is responsible for ensuring your purchases comply with the Buy American Provision.

Why This Matters:

While there are certain exceptions to the Buy American requirements, for the 26-27 school year, they may not exceed 10% of your total food costs, unless your district has received an approved temporary accommodation from Child Nutrition.

SFAs are also expected to maintain documentation supporting any exceptions used and may be asked to provide this information during an Administrative Review.

Exceptions:

There are two allowable exceptions to the Buy American requirement:

1. Availability

• The product is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of satisfactory quality. 

2. Cost

• The cost of the U.S. product is significantly higher than a comparable non-domestic product.

For example, if your school requires products with a specific kosher certification and a qualifying domestic product is not available, this may qualify under the availability exception.

All qualifying non-domestic purchases count toward the 10% threshold and should be properly documented.

Keep in mind that these exceptions will be counted toward your 10% cap on non-domestic produce and food items. However, in the 2026-2027 school year, SFAs can request temporary accommodations to exceed the 10% cap if they demonstrate that they are unable to meet the threshold requirement. This exemption will only apply in the 2026-2027 academic year.

Next Steps:

To prepare for the upcoming school year, we recommend that you:

• • Review your current purchasing practices.
  • Ensure your procurement policies and procedures reflect the current Buy American requirements and non-domestic purchase thresholds.
  • Speak with your food vendors about the origin of the products they supply.
  • Begin tracking any allowable non-domestic purchases.
  • Maintain documentation supporting each Buy American exception.
  • If you anticipate exceeding the 10% threshold, work with Child Nutrition to determine whether a temporary accommodation may be available.

Taking these steps now will help ensure your district is prepared for future Administrative Reviews.

Resources:

To assist SFAs with implementation, Child Nutrition has provided several helpful resources, including:

• • Buy American Provision Guidance
  • Buy American Exception Tracking Tool
  • SFA Accommodation Plan

If you have questions about these requirements or need assistance preparing for the new school year, we’re here to help.

Contact the SMS team at info@smsny.net or (718) 480-5606.

We wish you a relaxing remainder of the summer and continued success in the upcoming school year.