Special Bulletin — U.S. Department of Agriculture (USDA) Nutrition Program Waivers March 20, 2020
USDA released guidance on Friday, March 20, 2020 giving states universal waiver in three areas. A summary of the three waivers is listed below. The full text of the waivers can be viewed on USDA’s website:
Introduction
Pursuant to the COVID–19 Child Nutrition Response Act (the Act) (H.R. 6201, Title II), and based on the exceptional circumstances of this public health emergency, the Food and Nutrition Service (FNS) is establishing a nationwide waiver to support access to nutritious meals while minimizing potential exposure to the novel coronavirus. These waivers apply to the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Food Service Program (the Child Nutrition Programs).
Continue reading for important information about participation in the child nutrition programs during this current public health emergency related to COVID-19, and to register for a webinar on Tuesday March 24, 2020.
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Congregate Dining
FNS waives, for all States, those requirements at 42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), and 7 CFR 225.6(e)(15), to serve meals through the National School Lunch Program, School Breakfast Program, and Summer Food Service Program in a congregate setting. FNS also waives, for all States, requirements at 7 CFR 226.19(b)(6)(iii), to serve meals through the Child and Adult Care Food Program in a congregate setting.
This waiver is effective immediately, and remains in effect through June 30, 2020, or upon expiration of the federally declared public health emergency, whichever is earlier.
Meal Times
FNS recognizes that in this public health emergency, waiving the meal service time requirements will support streamlined access to nutritious meals. Therefore, FNS waives, for all States, the requirements at 7 CFR 210.10(l), 220.8(l), 225.16(c)(1) and (2). State agencies may also adjust the time of meal service, as addressed at 226.20(k), including suspension of meal times as needed in the Child and Adult Care Food Program during the public health emergency.
This waiver is effective immediately, and remains in effect through June 30, 2020, or until expiration of the federally declared public health emergency, whichever is earlier. For the Summer Food Service Program, the requirements at 7 CFR 225.6(c)(2)(i)(B) and (c)(3)(i)(A) remain in effect; please note, under this waiver, these requirements can be met through approved pick-up schedules or delivery plans with designated times for distribution.
Afterschool Meals and Snacks
FNS regulations require at 7 CFR 210.10(o)(1)(ii) and 7 CFR 226.17a(b)(1)(ii) and (iii), eligible schools and at-risk afterschool care centers to serve afterschool meals and snacks in a structured and supervised environment, with an educational or enrichment activity. However, FNS recognizes that in this public health emergency, waiving these requirements is vital to ensure appropriate safety measures for the purpose of providing meals and meal supplements.
Therefore, FNS waives, for all States, the above referenced statutory and regulatory requirements. This waiver is effective immediately, and remains in effect through June 30, 2020, or upon expiration of the federally declared public health emergency, whichever is earlier.
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Guidance for Participation
As a Child Nutrition Program sponsoring organization, you may provide meals, including the use of the new waivers, as applicable, effective immediately without a waiver request.
All sponsors currently approved for CACFP or SFSP received an email (to the authorized email listed in CLiCS) with further guidance on Saturday, March 21, 2020. Please review the information prior to calling our office with questions.
If you did not receive the email, please check your spam or junk folder. If you still cannot find it, please send an email to our FNS email box.
Distribution
Sponsors can distribute meals under this waiver in two ways: 1) pick-up of meal(s), or 2) home delivery. Meals may be provided daily for all meal types offered or multiple days. Safety practices must be maintained. Examples:
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Pick-Up
- Grab-and-Go
- Food Truck
- Neighborhood Delivery (bus stops)
-
Home-Delivered
- Delivered Directly to Children’s Home
Consent (home-delivery only):
If distributing meals through the home-delivery method, the sponsor/site must ensure prior written consent for home-delivery by a parent or guardian.
Meal Counting and Claiming
- Meals served to adults may not be claimed for reimbursement.
- Take a total meal count at the point of service regardless of meal distribution method. Meal counts do not need to be taken by name. Note that meal counts for delivered meals also need to be taken at the point of service where the participant receives the meal.
- Submit a monthly claim for reimbursement in the Cyber-Linked Interactive Child Nutrition System (CLiCS).
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