The Division of Child Development and Early Education at the Department of Health and Human Services requires all lunches served in pre-kindergarten programs - including in-home day care centers - to meet USDA guidelines. That means lunches must consist of one serving of meat, one serving of milk, one serving of grain, and two servings of fruit or vegetables, even if the lunches are brought from home.
When home-packed lunches do not include all of the required items, child care providers must supplement them with the missing ones.
The girl's mother - who said she wishes to remain anonymous to protect her daughter from retaliation - said she received a note from the school stating that students who did not bring a "healthy lunch" would be offered the missing portions, which could result in a fee from the cafeteria, in her case $1.25.
The girl's grandmother, who sometimes helps pack her lunch, told Carolina Journal that she is a petite, picky 4-year-old who eats white whole wheat bread and is not big on vegetables.
When the girl came home with her lunch untouched, her mother wanted to know what she ate instead. Three chicken nuggets, the girl answered. Everything else on her cafeteria tray went to waste.
"She came home with her whole sandwich I had packed, because she chose to eat the nuggets on the lunch tray, because they put it in front of her," her mother said. "You're telling a 4-year-old. 'oh. your lunch isn't right,' and she's thinking there's something wrong with her food."
While the mother and grandmother thought the potato chips and lack of vegetable were what disqualified the lunch, a spokeswoman for the Division of Child Development said that should not have been a problem.
"With a turkey sandwich, that covers your protein, your grain, and if it had cheese on it, that's the dairy," said Jani Kozlowski, the fiscal and statutory policy manager for the division. "It sounds like the lunch itself would've met all of the standard." The lunch has to include a fruit or vegetable, but not both, she said.