Buy American Provision

Overview

The Buy American Provision requires School Food Authorities (SFAs) to purchase, to the maximum extent possible, domestic commodities or products. This provision supports the mission of the Child Nutrition Programs (CNP) to serve children nutritious meals in schools and support American Agriculture.

Applies only to

National School Lunch and Breakfast Program food and beverages

Definition of domestic:

Grown and processed in the U.S. (single ingredient foods, like apples or rice)

> 51% of a food product must consist of agricultural commodities that were grown in the U.S. (multiple ingredient foods, like cereal or chicken nuggets)

Training materials are located at the bottom of this page.

2025-2026 Buy American Summary Sheet

Buy American Requirements

Non-domestic Purchase Cap

The thresholds that limit the percentage of total commercial food and beverage costs from non-domestic foods went into effect on July 1, 2025. The phased-in approach will allow SFAs to adjust to these limits over a seven-year period.

School Years	Non-domestic food purchase cap
2025 – 2026, 2026 – 2027	10%
2027 – 2028 through 2030 – 2031	8%
2031 – 2032	5%

Tracking Tool

SFAs must use this tool to track all non-domestic National School Lunch and Breakfast Program food and beverage purchases

Buy American Tracking Tool

Exemptions

A temporary accommodation is available for SFAs that are not able to meet the 10% non-domestic cap for food purchases in SY2025-26. The accommodation applies to non-domestic purchases that meet one or more of the exceptions identified below.

The Buy American Accommodation Request form should be submitted just one time in SY2025-26, and only by SFAs that cannot comply with the 10% non-domestic purchase cap.

Exemption 1

The product is listed on the Federal Acquisitions Regulations (FAR) Non-available Articles List and/or is not produced or manufactured in the US in sufficient and reasonably available quantities of satisfactory quality

Exemption 2

Competitive bids reveal the cost of a U.S. product is significantly higher than the non-domestic product

*The items listed on the FAR Non-Available Articles list must be counted toward the cap on non-domestic purchase cap.

Bids, Solicitations, and Contracts

The Buy American Provision must be included in all bids, solicitations, and contracts for food items used in the school nutrition programs.

Example Solicitation and Contract Language

Buy American Provision Compliance:

In accordance with 7 CFR 210.21(d), all apples must be grown, harvested, and packed in the United States.
Vendors must certify compliance with the Buy American provision by submitting a signed affidavit stating the domestic origin of the product.
Exceptions to the Buy American provision will only be considered under the following conditions:
1. The product is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality.
2. Competitive bids reveal the cost of a U.S. product is significantly higher than a non-domestic product.
Any request for exception must be submitted in writing and approved by the School Food Authority prior to procurement/delivery.

Utilizing Domestic Products

USDA and Local Foods

SFAs are encouraged to:

Maximize their use of USDA Foods, which comply with the Buy American Provision requirements. However, processed end products that contain USDA Foods need to meet the minimum requirement of 51% domestic, by weight or volume.
Purchase food from local, or small, minority, and women-owned businesses. SFA’s are encouraged to purchase food products from local and regional sources. Visit the Nebraska Department of Education’s Farm to School page for information and resources.

Training

Video, Powerpoint, 1-Pager