Scottish Milk and Healthy Snack Scheme: statutory guidance

Section 3: Responsibilities of Settings

14. Overview

14.1 Payments made under the Scheme are intended to enable settings to purchase what is required in order to offer the milk (or specified non-dairy alternative) and healthy snack (fresh fruit or vegetables) specified in the Scheme.

14.2 Under the Scheme, eligible settings must register with their Local Authority, providing the required information which will include a forecast of your intended provision.

14.3 The Local Authority will make upfront payment(s) to enable settings to purchase the necessary products. Where settings are run directly by the Local Authority, the Local Authority will manage supply and payment arrangements in line with its existing practice.

14.4 It is the responsibility of the setting to purchase products that meet the specification of the Scheme and to pay your suppliers with the funding provided. The list of products required or specified under the Scheme is set out at Paragraph 18 'Cow's Milk and specified alternatives', below.The Scheme offers plain fresh cow's milk as the default option on the basis of its greater nutritional content although where children cannot drink this for medical, ethical or religious reasons, specified alternatives should be provided.

14.5 Settings will also be asked to provide information to the local authority, usually annually to enable them to calculate your payments. In line with existing practice, you must also retain receipts relating to the purchase of milk and healthy snacks although you will only be required to produce these in the event of monitoring by the local authority.

14.6 Settings should not ask families to pay for these items for which you have received funding via the local authority. (This Scheme does not affect your approach to charging for items that fall outside its parameters).

15. Registering for the Scheme

15.1 To participate in the Scheme, eligible settings must register with the relevant local authority, providing the required information. Settings who do not register with the Scheme will not receive payments.

15.2 Each setting is required to register with the local authority in which it operates (in the case of chains or franchise, registration must be where each individual setting is located).

15.3 Eligible settings are those which:

• are registered with Care Inspectorate; and
• where pre-school children spend 2 or more hours per day; and
• are registered to participate in the Scheme with the local authority in which the setting is located

15.4 At registration, settings will be asked to provide relevant information including evidence of their registration with the Care Inspectorate, bank details and forecasts requested by the local authority that will enable them to calculate payments. Further information, including a worked example of how to estimate benefit, is outlined in Annex C.

15.5 It will be for local authorities to determine in-year registration periods for the Scheme. Payment will be made within 4 weeks of registration. Funding will not normally be backdated to cover a period prior to the date of registration. Local authorities may wish to consider putting in place an approach that enables settings to amend registration details if children enrol in a setting post the initial registration.

15.6 Once a setting has registered for the Scheme, it is expected that this registration will remain valid unless a setting confirms in writing or electronically to their local authority that it wishes to withdraw from the Scheme.

16. Funding, payments and reporting

16.1 Following registration, the Local Authority will confirm arrangements for making payments to Settings using a national, combined, flat rate of 58.2p per eligible child for the provision of milk, non-dairy alternative and healthy snack (See Paragraph 17 'What must be provided under the new Scheme' below). Payment should be made no less frequently than once for the interim period.

16.2 It will be for the day care provider/ childcare setting to register for the Scheme, providing payment details and determine how best to use this interim funding to procure and pay for the supply of dairy milk and healthy snack or specified non-dairy alternative for those children who cannot consume milk for medical, ethical or religious reasons.

16.3 Funding provided as part of the Scheme can only be used for the benefit provided under the Scheme as set out in Section 2 above.

16.4 Where a child attends two or more providers in one day, the intention is that they must have provision under the Scheme only once in the 24 hour period. Only one provision of milk and snack can be claimed for under the Scheme per child regardless of how many settings that child attends in a day. This does not preclude the additional setting from providing a snack or drink to the child, although they will not be able to claim for that provision under the Scheme. Providers and families may wish to agree where it is most appropriate for the SMHSS provision to be given, in line with the approach taken to agreeing meal provision. If a child has already received SMHSS by the time they attend your setting you are not required to provide this again.

16.5 It is expected that a proportionate approach will be applied to monitoring and reporting. Settings will be asked to provide information to local authorities, normally annually, to inform national assessment of the impact of the Scheme and projected costings. Settings will also be required to keep receipts as good records keeping practice and also to inform financial assurance which will be undertaken by local authorities in line with existing practice.

16.6 Settings will have the flexibility to use the full allocation of funding provided to procure milk, non-dairy alternatives, fruit and vegetables to meet their needs.

17. What must be provided under the new Scheme

17.1 If you are registered and receiving funding under the new Scheme, you must provide to each pre-school child attending for 2 hours or more:

• the provision of 189mls (1/3 pint) (or 200mls where supplied in containers of that size only) of plain fresh cow's milk (whole milk for children aged 1 year; semi-skimmed can be offered alongside whole for ages 2 and over), 189mls first infant formula for children under 12 months; or
• where children cannot consume cow's milk for medical, ethical or religious reasons 189mls (1/3 pint) (or 200mls where supplied in containers of that size only) of plain, fresh, goat or sheep milk should be provided; or
• where children cannot consume cow, goat or sheep milk, for medical, ethical or religious reasons, the provision of 189mls (or 200mls where supplied in containers of that size only) of an unsweetened, liquid, calcium enriched non-dairy alternative drink can be provided; and
• in addition to milk or a specified alternative, a healthy snack item (a serving of fresh fruit or vegetables) for children over six months old.

Further information on what should be provided is set out in Annexes A and B

17.2 It is not possible to opt-in to part of the Scheme. Settings registering for the Scheme must offer both milk (or a specified non-dairy alternative) and a healthy snack to children with the exception of those under the age of 6 months who would not receive solid food.

18. Cow's milk and specified alternatives

18.1 Breast milk and plain fresh cow's milk are a good source of nutrients and are recommended to support the development of children above 12 months of age. Babies under 12 months who are not breastfed should receive first infant formula milk.

18.2 The current nutritional advice recommends that children over the age of 12 months should be offered plain fresh cow's milk under the Scheme as the most nutritious drink. The specified alternatives should only be provided where parents advise that children cannot drink cow's milk for medical, ethical or religious reasons.

18.3 Where children cannot consume cow's milk for medical, ethical or religious reasons, settings must offer plain fresh goat or sheep milk (whole milk for children 1; semi-skimmed can be offered alongside whole for ages 2 and over), or where for those reasons they cannot consume cow's milk, goat or sheep milk a specified unsweetened calcium-enriched non-dairy alternative (See Annexes A and B).

18.4 Where parents advise that their children should not drink any of the specified products, we would ask you to document this. In this situation children should be offered water, in line with the guidance of Setting the Table Guidance.

18.5 When offering milk, healthy snack or a specified non-dairy alternative, attention should be given to the food safety implications. As a child care provider, it is your responsibility to ensure that you can provide allergen informationfor the food you serve and that this is accurate, consistent and verifiable. You will need to be able to identify any child with a food allergy or intolerance and provide them with food which is safe for their consumption. Information about food allergies | Food Standard Scotland should be easily accessible and readily available to children in your care and their parents/carers. When handling allergens attention should be given to cross contamination, cleaning and storage. For more information visit Food safety advice for caterers and retailers | Food Standards Scotland or Childminders | Food Standards Scotland; you could also contact your environmental health service at your local authority.

19. Healthy snack

19.1 The regulations define the healthy snack as fresh fruit or vegetables, including loose, whole, sliced, chopped, or mixed fruit but not fruit or vegetables to which fat, salt, sugar, flavouring or any other ingredient has been added. The snack provided as part of the Scheme must meet this definition. Fresh fruit and vegetables do not include those which have been processed.

19.2 In line with the Setting the Table Guidancenutritional guidance and food standards for early years childcare providers in Scotland, children should have opportunities to try a variety of different foods and food should be seen as part of the learning experience and an integral part of the caring environment.

Portion size

19.3 Fresh fruit and vegetable portions offered as part of the Scheme should include variety of different types, flavours and textures. Serving sizes for pre-school children are smaller than those for adults. A rule of thumb is what a young child can hold in their hand. Examples include ½ large fruit or one small fruit.

Food preparation and hygiene

19.4 A childcare provider supplying food and drink must comply with food safety, hygiene and standards regulations. When handling raw and ready to eat foods attention should be given to cooking, cleaning and storage. As a childcare provider, it is your responsibility to ensure that you can provide allergen information. For example, celery is one of the 14 allergens that must be labelled or indicated as being present in foods. Information and resources to support with the management of food safety and standards can be found on Food safety advice for caterers and retailers | Food Standards Scotland, Childminders | Food Standards Scotland or Scotland Food and Drink . If you have any questions about changes to your food provision contact your environmental health service at your local authority.

19.5 It is important to supervise young children when they are eating and provide assistance if required. Remove any stones or pips before serving. Slice, halve or chop small fruit and vegetables like cherry tomatoes and grapes. Cut large fruits into slices rather than chunks. Please see Care Inspectorate Good Practice Guidance for further advice on reducing the risk of choking in young children.

20. Sourcing the specified products

20.1 Buy local, buy ethical, be environmental, discuss billing arrangements.

20.2 As noted at Paragraph 17'What must be provided under the new Scheme' above, it is the responsibility of the registered setting to arrange supply of, and payment for the products to be provided under the Scheme using the combined national flat rate of 58.2p per serving of milk or non-dairy alternative and healthy snack.

20.3 As part of the Scheme and in line with our wider commitment to the Good Food Nation vision^[3] , Scottish Ministers encourages milk, fruit and vegetables to be sourced locally as part of our ambition to improve access to, and understanding of, the benefits of healthy local foods and ensuring sustainability of our Scottish food industry. If a setting that is not bound by a requirement to use the Scotland Excel framework or other Local Authority food or drink contract and is interested in which dairies operate in their area they can contact Dairy UK, the School and Nursery Milk Alliance or visit Scotland Food and Drink. There may also be opportunities to explore provision of fruit and vegetables via local community food groups.

20.4 The Scottish Government recognises that each childcare setting will have its own individual and local needs/ priorities but we expect settings to adhere to environmental standards and to minimise waste wherever possible. We would encourage settings to source products which align with these expectations including a reduction in the use of single-use plastics moving towards more sustainable, environmentally-friendly alternatives.

21. Contact Details

21.1 Comments and queries may be directed to: smhss@gov.scot.

Scottish Ministers
April 2022