Water Tooklit Att A

United States
Department of
Agriculture
Food and
Nutrition
Service

3101 Park
Center Drive
Alexandria, VA
22302-1500

DATE:

July 12, 2011

MEMO CODE:

SP 28- 2011 - Revised

SUBJECT:

Child Nutrition Reauthorization 2010: Water Availability During
National School Lunch Program Meal Service

TO:

Regional Directors
Special Nutrition Programs
All Regions
State Directors
Child Nutrition Programs
All States

This memorandum provides questions and answers to update the Child Nutrition
Reauthorization 2010 implementation memorandum SP 28-2011, Water Availability
During National School Lunch Program Meal Service. The Healthy, Hunger-Free Kids
Act of 2010 (the Act), Public Law 111-296, establishes a requirement for making water
available to children in the National School Lunch Program (NSLP). The purpose of this
memorandum is to provide guidance on the implementation of this provision.
Section 203 of the Act amends section 9(a) of the Richard B. Russell National School
Lunch Act (42 U.S.C. (1758(a)) by requiring that schools participating in the NSLP make
potable water available to children at no charge in the place where lunch meals are served
during the meal service. There are a variety of ways that schools can implement this
requirement. For example, schools can offer water pitchers and cups on lunch tables, a
water fountain, or a faucet that allows students to fill their own bottles or cups with
drinking water. Whatever solution is chosen, the water must be available without
restriction in the location where meals are served. Schools should be working toward
developing a reasonable method to implement this requirement.
While potable water is required to be made available to students, it is not considered part
of the reimbursable meal and students are not required to take water. There is no separate
funding available for this provision and reimbursement may not be claimed. However,
reasonable costs associated with providing potable water would be an allowable cost to the
non-profit food service account.
We understand that some food service areas and/or procedures may require significant
changes to properly incorporate this provision. We also recognize the range of
complexities that may be involved in a school’s ability to implement this provision.
Therefore, we encourage schools to comply with this requirement as soon as possible, but
not later than the beginning of School Year 2011-12.

1

Regional Directors
State Directors
Page 2
The Food and Nutrition Service (FNS) plans to issue a proposed rule regarding water
availability in conjunction with the proposed nutrition standards for all foods sold in
schools. FNS has issued separate guidance to implement a similar provision in the Child
and Adult Care Food Program (CACFP 20-211, 5/11/2011).
State agencies should direct any questions concerning this guidance to the appropriate FNS
Regional Office. Regional Offices with questions should contact the Child Nutrition
Division.

Cynthia Long
Director
Child Nutrition Division
Attachment

Questions and Answers:
Location Requirement
1. Q. The HHFKA requires potable water be “in the place where meals are served
during meal service”. Can you provide additional detail on what this means?
A. The location of the potable water must be in the foodservice area or immediately
adjacent to the meal service area. For example, if a school has a water fountain that is
immediately outside the door to the foodservice area (and accessible to all students
during the lunch period) this could be considered sufficient. The water fountain must
be operational and able to provide potable water to students in a reasonable time
during their meal period.
2. Q. If there is a water fountain in the food service area available to students
during the meal period, would this meet the requirement?
A. Yes. This meets the requirement, as long as the students have sufficient time to
use the water fountain during their meal period. It is important to consider the
amount of time it takes students to obtain water, children should not have to wait in
long lines.
3. Q. We have two water fountains in the courtyard outside the cafeteria. Would
this be acceptable?
A. Only if the water fountain is adjacent to the foodservice area and children are
routinely allowed access to this area during the meal.
4. Q. Is water required in each location if a school has multiple locations in which
they are serving NSLP?
A. Yes. Water must be available in each of the meal service locations.
Reasonable Costs
1. Q. What is considered “reasonable costs associated with providing water would
be an allowable charge to the non-profit food service account?” For example,
constructing fixed water fountains, major plumbing renovations, purchasing
water dispensers, providing bottled water throughout the school, reverse osmosis
machines?

A. A reasonable cost associated with providing water, in its nature and amount, is a
cost that does not exceed that which would be incurred by a prudent person under
the circumstances prevailing at the time the decision was made to incur the cost.
The cost must be the result of sound business practice and competitive prices.
The cost must be reasonable, necessary, and allocable to the Federal school meal
programs to be an allowable cost. In determining whether a cost is a reasonable
and necessary cost associated with providing water, a school food authority (SFA)
should ask the following questions:
•
•
•
•

Would a prudent person find the cost to be reasonable?
Is this cost at a fair rate or do alternatives exist that may be more cost
effective?
Is the cost a significant deviation from the established practices of the SFA
which may unjustifiably increase costs borne by the nonprofit school food
service account?
Could the SFA defend this purchase to the State agency (SA)?

For example, the cost of providing pitchers or cups that would be filled with potable
water from the faucet or providing them to students to fill with potable water from a
faucet is a reasonable cost. Some schools may want to provide water bottles to
students or other alternatives; however, the SFA would need to determine whether
such an option would meet the requirements for cost allowability (i.e. necessary,
reasonable, and allocable) and meet the specific needs of the SFA.
Additionally, a cost is generally not reasonable if it adds materially to the value of the
school building and related facilities or appreciably prolongs its intended life, as those
types of costs are capital expenditures and should be borne by the school district’s
general fund. While the cost associated with major plumbing would likely add to the
permanent value of the school building and is typically a cost that should be borne by
the school district’s general fund, the addition of a water fountain to allow for
compliance with the statutory potable water requirement makes the cost acceptable.
Moreover, equipment to filter water (e.g., a reverse osmosis filter system) could be
reasonable depending on the cost, the need for such equipment, and if the SFA can
show:
(1) that it has sufficient funds;
(2) that the district truly is lacking in capital improvement funding; and
(3) that the expenditure is necessary to carry out the mission of the program.
(4) It is difficult to assess reasonableness without knowledge of the specific cost and
an understanding of that cost. Many costs have to be analyzed on a case-to case
basis in order to determine if the cost is truly reasonable; in such cases, the SFA
should consult with its SA for guidance.
2. Q. Is the cost of a five gallon dispenser an allowable cost?
A. This could be an allowable cost assuming that an SFA has determined this method
of providing water to be cost efficient and practical.

AN EQUAL OPPORTUNITY EMPLOYER

3. Q. Can a SFA charge the student for the cups in order to access water?
A. No. Charging students for cups in order to access water would be considered
restricting access to water.
Alternate Serving Areas:
1. Q. Would SFAs have to make potable water available to students on field trips
where reimbursable meals are served to students?
A. Field trips may be exempted from the water requirement; however, schools should
make an effort to have water available for all school related functions including field
trips.
2. Q. What should an SFA do about meals that are served outside of the cafeteria,
such as those served in a classroom, in-school suspension etc.?
A. Schools must make water available for these students.
Program Questions:
1. Q. Is potable water required to be available during lunch at Seamless Summer
sites?
A. Yes.
2. Q. Does the water requirement apply to non-school summer feeding sites?
A. No, the water requirement only applies to seamless summer feeding sites at
schools.
3. Q. Is water required at breakfast?
A. This provision specifically applies to the National School Lunch Program;
however schools are encouraged to provide water during all meal service.
4. Q. Is potable water required to be available during afterschool snacks?
A. Yes. The Afterschool Snack Program falls under the jurisdiction of the National
School Lunch Program.
Food Safety:
1. Q. Water dispensers must be monitored and probably refilled and cleaned.
Who will do that? If left unattended in kitchen or cafeteria, safety is a big
concern.

A. School food service staff would be responsible for maintaining all of their
equipment which would include dispensers.
General Questions:
1. Q. Can the water be served at room temperature? Does the water have to be ice
water?
A. The water does not have to be served chilled, water can be served at room
temperature. However, children may find water to be more palatable if served
chilled.
2. Q. How should water be provided to students under the American Disabilities
Act (ADA)?
A. The school should continue to follow the procedures documented in the IEP or the
medical referral form.
3. Q. Can I flavor the water? For example, can I add fruit or vegetables for flavor?
A. No. The water must be served plain.
4. Q. If a water fountain is used and children are required to "raise their hand" to
get up and go to the fountain, would that be considered "unrestricted access"?
A. Yes, although not ideal, as long as this is used to provide order and the student is
not denied the opportunity to obtain water, this would be considered unrestricted
access. All children should be able to use the water fountain in a timeframe that still
allows enough time for consumption of the meal.
5. Q. Must cups be provided and is there a minimum required size for cups (if
provided)?
A. The SFA must provide cups if providing water in a bulk container (other than a
drinking fountain). The water should be provided in cups suitable for the age of
the child.
6. Q. Can SFAs require that children bring their own cups, bottles, drinking
vessels?
A. The SFA must provide cups at no cost to the child. Children cannot be required to
bring their own cups for water provided in a bulk container.