Local Food Procurement. Richard Caplan Harrison Institute for Public Law Georgetown University Law Center March 16, 2007. Two Take Home Points. USDA is ignoring Congress regarding local food procurement You can do something about it. Hierarchy of Authority (in theory).
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Harrison Institute for Public Law
Georgetown University Law Center
March 16, 2007
“Grantees will conduct procurements in a manner that prohibits geographical preferences except where applicable Federal statutes expressly mandate or encourage geographic preference.”
7 CFR §3016.36(c)(2)
“The Secretary shall encourageinstitutions participating in the school lunch program to purchase locally produced foods for school meal programs, to the maximum extent practicable and appropriate.”
“The document expresses the view that Congress, as part of the 2002 Farm Bill, expressed clear support for geographic preferences in purchases made for school food service programs.”
That interpretation is incorrect. Federal procurement regulations at 7 CFR 3016.60(c) clearly prohibit the use of State or local geographic preferences. All purchases are to be made competitively, consistent with Federal laws and regulations.
“Procurements under USDA entitlement programs shall be conducted in a manner that prohibits the use of in-State or local geographic preferences except as provided in §3016.36(c)(2).”
Statutory Authority for
Local Food Procurement