May 18, 2020, Waiver Extensions Special Bulletin
USDA released guidance on Thursday, May 14, 2020 extending the use of four nationwide waivers. A summary of the four waivers is listed below. For more information, please review the full text of the waivers:
Congregate Dining Waiver Extension
Food and Nutrition Services (FNS) recognizes that in this public health emergency, waiving the congregate meal requirements is vital to ensure appropriate safety measures for providing meals and snacks. Therefore, FNS waived, for all States, 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 (NSLP), School Breakfast Program (SBP), and Summer Food Service Program (SFSP) in a congregate setting. FNS also waived requirements at 7 CFR 226.19(b)(6)(iii), to serve meals through the Child and Adult Care Food Program (CACFP) in a congregate setting.
This waiver has been extended to remain in effect through August 31, 2020.
Meal Times Waiver Extension
FNS recognizes that in this public health emergency, waiving the meal service time requirements will support streamlined access to nutritious meals. Therefore, FNS waived, 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 CACFP during the public health emergency. For the SFSP, 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.
The previously released Nationwide Waiver of Meal Service Time Restrictions in the SFSP and the SSO already extended the use of this waiver for SFSP and SSO through September 30, 2020. This waiver extension applies to NSLP, SBP and CACFP and remains in effect through August 31, 2020.
Meal Pattern Flexibilities Waiver Extension
FNS recognizes that, in this public health emergency, appropriate safety measures are necessary. Therefore, FNS waived, for all States, the requirements at 7 CFR 210.10(b) and (c), 220.8(b) and (c), 225.16(d), and 226.20, to serve meals that meet the meal pattern requirements during the public health emergency.
In order to participate under this waiver, programs must first receive approval from MDE. Please note that approval for use of this waiver will only apply to times when meal components are unavailable due to disruptions to the availability of food products. If you were previously approved under this waiver, no further action is needed to use this extension. Read the Child Nutrition Meal Pattern Waiver Questions and Answers document for more information.
This waiver has been extended to remain in effect through June 30, 2020.
Distribution of Meals to Parents/Guardians Waiver Extension
FNS recognizes that in this public health emergency, continuing to require children to come to the meal site to pick up meals may not be practical nor keep with the goal of providing meals while taking appropriate safety measures. Therefore, FNS waived, for all States, requirements under the Richard B. Russell National School Lunch Act at 42 U.S.C. 1761(f)(3) and Program regulations at 7 CFR 210.10(a), 220.2, 220.8(a), 225.2, 225.9(d)(7), and 226.2 that meals must be served to eligible children. Please note that while this waiver does not address the Fresh Fruit and Vegetable Program, MDE has been approved for a statewide waiver allowing parent/guardian pick up of FFVP snacks through June 30, 2020.
This waiver has been extended to remain in effect through August 31, 2020.
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