Upon reviewing a recent program we were holding at a very nice steakhouse in Denver and reflecting on the fact that no one ever buys ME lunch, I recalled a conversation with a regulator about the rules related to the service of food during a CLE program. Unfortunately, I couldn't remember with which state's regulator I'd had the conversation!
Actually, my failing memory provided the impetus for an interesting, and perhaps overdue audit of the states' rules, regulations, and practices related to food and CLE.
With responses from 39 of the 45 states with MCLE requirements, the rules fall into three general categories:
- The state has no rules prohibiting food service or consumption
- The state limits food service related to CLE programming. In most situations, this means that the state requires the program agenda to detail a distinct time for food service/meals, separate from instruction, either before or after the substantive content is provided.
- The state does not allow credit for sessions held with meals.
I should note that the answers above also assume that the program instruction meets all other CLE requirements (topic, program materials, speaker qualifications, etc) and would otherwise be accreditable.
Of the 39 states responding, 9 states have no rules related to meals, 23 require the separation of meal service and CLE instruction, and 7 states equate food with no CLE. See the table below for specifics for each state:
| States | Food and CLE |
| Alabama | No rules prohibiting food service or consumption. |
| Alaska | Meals are exempt, but if there is a substantive presentation during an extended lunch or dinner, regulator will usually reduce credits by 30 minutes for serving and eating if time not specifically included in agenda. |
| Arizona | No rules prohibiting food service or consumption. |
| Arkansas | Presentation may not be conducted during a meal. There must be a clear time distinction between eating and CLE - a specifically designated time for meal service and clearing before instruction begins. |
| California | No rules prohibiting food service or consumption. |
| Colorado | Credit may not be given for CLE when food is being served, eaten, or cleared away. |
| Connecticut | Non-MCLE |
| Delaware | Answer pending |
| Florida | No rules prohibiting food service or consumption. |
| Georgia | No rules prohibiting food service or consumption. |
| Hawaii | Answer pending |
| Idaho | Regulator grants half credit to breakfast, lunch, and dinner programs. |
| Illinois | If a meal is included in course time, the provider must subtract the actual time of the meal, but no less than 15 minutes (0.25 credits), to reflect time devoted to meal. |
| Indiana | If the time of the meal is not separate and distinct and easily identified in the agenda, the regulator may subtract a few minutes from accredited duration for serving and clearing up. |
| Iowa | Credit is not allowed for sessions that combine a meal and presentation. Instruction must be a separate and distinct portion of the program. The presentation must be provided in an educational environment. |
| Kansas | Provider must demonstrate that the meal will not intrude on presentation time. Regulator requires that time be blocked out for serving, but you may allow eating during the presentation. |
| Kentucky | No rules prohibiting food service or consumption. |
| Louisiana | Food is not allowed during a CLE presentation. |
| Maine | If a program is set during a luncheon, regulator does not accredit that portion of the event. |
| Maryland | Non-MCLE |
| Massachusetts | Non-MCLE |
| Michigan | Non-MCLE |
| Minnesota | Credit is not given during meals, however if the agenda breaks down time between food service and lecture the time may be approved. |
| Mississippi | Reg 3.1 states that "no credit given for…luncheon speakers". |
| Missouri | Food service must occur prior to the CLE portion of the meeting. A box lunch may be brought in and eaten, but food service cannot occur during a CLE program. |
| Montana | Credit is not given for luncheon speakers. |
| Nebraska | No rules prohibiting food service or consumption. |
| Nevada | Regulator will give credit if the session reads "working lunch". |
| New Hampshire | Answer pending |
| New Jersey | Food is not allowed if eating will disturb the educational experience. If food is offered, it shouldn't interfere with instruction. Food may be served prior to or after actual education. |
| New Mexico | If speaker is presenting while food is served, CLE credit will not be approved. |
| New York | Agenda must detail a distinct time for food service, separate and distinct from instruction. |
| North Carolina | No rules prohibiting food service or consumption. |
| North Dakota | No rules prohibiting food service or consumption. |
| Ohio | Gov. Bar X Sec 4(A)(1), CCLE Reg 406(H) - No CLE credit if a meal is served. |
| Oklahoma | Rule 7, Reg 3.6 - no credit given during a meal. May be able to subtract 20-30 minutes from lunch or dinner presentation and give credit for the remainder. |
| Oregon | Answer pending |
| Pennsylvania | Regulator advises providers to set aside 15 minutes or so for gathering food, set up, serving, etc. There is no prohibition against a "working lunch". |
| Rhode Island | Answer pending |
| South Carolina | Credit is not given for lunch presentations. If lunch provided and then speaker, partial credit may be awarded. If food provided during a break, snacks during lecture are acceptable. |
| South Dakota | Non-MCLE |
| Tennessee | Credit is not allowed for sessions that are held with meals. |
| Texas | No rules prohibiting food service or consumption. If full day agenda without designation of portion devoted to meals, regulator may remove some time (0.5 hour or so) for set up, break, etc. |
| Utah | No rules prohibiting food service or consumption. Must have a timed break in agenda to allow attorneys to get their food and be seated prior to instruction. |
| Vermont | Reg 2(b): "Credit will not be given for speeches presented at and attendance at luncheons and banquets". Regulator interprets this as food = no CLE. |
| Virginia | Non-approved time must be allowed and detailed in agenda for service of meals. |
| Washington | Start and end time of presentation must be listed separately from meal time. The presentation cannot begin while meal is being served. Cannot have any distraction (besides eating). |
| Washington DC | Non-MCLE |
| West Virginia | Meals must be separate from the CLE presentation. Some type of break must be provided for serving and eating of meals, or eat prior to or after the presentation. |
| Wisconsin | Answer pending |
| Wyoming | CLE credit may be allowed at the discretion of the Board. |
In practice, we are now reviewing all of the CLE programs we provide to ensure that the agenda includes a distinct and separate time for food, either prior to or after the instruction. In this way, we will be maximizing the opportunity to offer programs for credit in the majority of the states.
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