Sponsoring organizations and institutions are required by regulation to keep Bulletins, Instructions, and USDA Policy Memorandums for reference and to apply immediately the appropriate instruction to agency programs. Call Child Nutrition Programs if you need further clarification.
USDA Policy Memo 10-2022 Q&A Regarding the 2022 Infant Formula Shortage in the CACFP
The ongoing infant formula shortage due to supply chain issues, which worsened due to a major formula recall in February 2022, has left many Child and Adult Care Food Program (CACFP) operators concerned about access to formula and their options for safely feeding infants in their care. FNS has developed the following Questions and Answers to support CACFP operators and the families they serve during this unprecedented and evolving situation.
USDA Policy Memo 09-2022 Q&A Related to CACFP 11-2021 Collection of Race and Ethnicity Data by Visual Observation and Identification in the CACFP and SFSP- Policy Rescission
This memorandum provides clarification on questions related to the collection of race or ethnicity data now that visual identification of race and ethnicity is no longer an allowable practice in the Summer Food Service Program (SFSP) and Child and Adult Care Food Program (CACFP). FNS is providing a grace period through December 31, 2022 for operators to develop methods to gather data when participants do not self-identify. The most common way to gather this is through the Alaska Enrollment forms. If enrollment forms are not required the institution must have other way(s) to gather this data and there are suggestions within the Q&A. This data must be collected annually
USDA Memo CRD 01-2022 updating FNS's complaint processing policy related to program complaints
This memorandum clarifies prohibitions against discrimination based on sex in all FNS programs found in Title IX of the Education Amendments of 1972; the Food and Nutrition Act of 2008, as amended, Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program (7 USC § 2011 et seq.); and related implementing regulations that prohibit discrimination on the basis of gender identity and sexual orientation. USDA/FNS issues this memorandum regarding processing discrimination complaints.
USDA Memo CRD 02-2022 Q&A Related to CRD 01-2022 Application of Bostock v. Clayton County to Progrma Discrimination Complaint Processing - Policy Update
This memorandum provides clarification on questions related to the prohibitions against discrimination based on sex in all FNS programs found in Title IX of the Education Amendments of 1972; the Food and Nutrition Act of 2008, as amended, Supplemental Nutrition Assistance Program (SNAP) (7 USC § 2011 et seq.); and related implementing regulations prohibiting discrimination on the basis of gender identity and sexual orientation.
USDA Updated the Nondiscrimination Statement revised to include gender identity and sexual orientation.
The updated FNS Nondiscrimination Statement (NDS) is available in English at https://www.fns.usda.gov/cr/fns-nondiscrimination-statement. The link is currently being updated to include the NDS in multiple languages. Agencies must update their webpages, handbooks, and anything else that includes the statement.
USDA Nondiscrimination Statement (English)
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.
Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
1. mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; or
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fax: (833) 256-1665 or (202) 690-7442; or
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email: program.intake@usda.gov
USDA Policy Memo -7-2022 Consolidated Appropriations Act 2022: Effect on Child Nutrition Programs
This memorandum provides notice to Child Nutrition Program (CNP) operators regarding Sections 740, 751, and 752 of Division A of the Consolidated Appropriations Act, 2022 (Public Law 117-103) (the Appropriations Act), enacted on March 15, 2022. In regards to CACFP: Low fat flavored milk may continue to be served as outlined in the Nationwide Waiver to Allow Specific School Meal Pattern Flexibility for School Year 2021-2022 | Food and Nutrition Service (usda.gov). Beginning July 1, 2022, the transitional meal pattern standards go into effect, allowing low-fat flavored milk to be offered in both the NSLP and SBP, as well as in the Child and Adult Care Food Program and the Special Milk Program for children 6 and older.
USDA Policy Memo 06-2022 Promoting Access to Voting through the Child Nutrition Programs
This memorandum encourages State agencies administering the CNP to provide local program operators with promotional materials that can be disseminated to Program participants to expand access to, and provide education about, voter registration and election information. Be on the lookout for more information in upcoming bulletins.
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