COVID-19 Child Nutrition Waivers and Memos

COVID-19: Child Nutrition Responses 101-106

COVID-19: Child Nutrition Response #106 

(1) This waiver cancels selected administrative data reporting requirements in the Child Nutrition Programs, specifically the following: FNS-640 Administrative Review Report Form; FNS-828 School Food Authority Paid Lunch Price Report; FNS-874 Local Educational Agency Second Review of Applications; Ameliorative Action Plans for Verification Results; State Agency Food Safety Inspections Report; and Performance-Based Reimbursement (7 Cents) Quarterly Report. (2) This waiver applies to State agencies administrating and LEAs operating the National School Lunch Program and School Breakfast Program. (3) This document relates to: 7 CFR 210.18(n); 42 U.S.C. 1769c (b)(1)(C)(iv); 7 CFR 210.14 (e)(7); 7 CFR 210.15(a)(8); 42 U.S.C. 1769c (b)(6)(E)(ii); 7 CFR 245.11(b)(2); 7 CFR 245.12(i); 42 U.S.C. 1758(h)(3)(B); 7 CFR 210.5(d)(2)(ii); 42 U.S.C. 1758(h)(1)(A)

COVID-19: Child Nutrition Response #105 (Expires 4/30/22)

(1) Under this waiver, Summer Food Service Program (SFSP) and the National School Lunch Program Seamless Summer Option (SSO) operators in States that elect to be subject to this waiver may serve meals at school sites during unanticipated school closures in school year 2021-2022. (2) This waiver applies to State agencies administering, and local organizations operating, the SFSP and SSO in school year 2021-2022. (3) This document relates to Section 13(c)(1) of the National School Lunch Act (42 U.S.C. 1761(c)(1)) and 7 CFR 225.6(d)(1)(iv).

COVID-19: Child Nutrition Response #104 (Expires 6/30/22)

(1) Under this waiver, service institutions operating the Summer Food Service Program (SFSP) in States, whose agencies elect to be subject to this waiver, may operate open sites in areas that are not located in “Areas in which poor economic conditions exist” during unanticipated school closures in school year 2021-2022. (2) This waiver applies to State agencies administering, and service institutions operating the SFSP. (3) This document relates to 42 U.S.C. 1761(a)(1)(A)(i) and 7 CFR 225.2, 225.6(c)(2)(i)(G), 225.6(c)(3)(i)(B), 225.6(d)(1)(i), 225.14(c)(3), and 225.16(b)(4).

COVID-19: Child Nutrition Response #103 (Expires 6/30/22)

(1) Under this waiver, Summer Food Service Program operators in States that elect to be subject to this waiver, and that elected to allow noncongregate meal distribution during COVID–19-related operations via COVID-19: Child Nutrition Response #101, may distribute meals to a parent or guardian to take home to their children during an unanticipated school closure in School Year 2021-2022. (2) This waiver applies to State agencies administering, and service institutions operating, the Summer Food Service Program. (3) This document relates to 7 CFR 225.2 and 225.9(d)(7).

COVID-19: Child Nutrition Response #102  (Expires 6/30/22)

(1) Under this waiver, Summer Food Service Program operators in States that elect to be subject to this waiver may serve meals outside of the standard meal times during unanticipated school closures in School Year 2021-2022. (2) This waiver applies to State agencies administering, and service institutions operating, the Summer Food Service Program. (3) This document relates to 7 CFR 225.16(c)(1) and (2).

COVID-19: Child Nutrition Response #101 (Expires 6/30/22)

(1) Under this waiver, Summer Food Service Program service institutions in States that elect to be subject to this waiver may provide noncongregate meals during COVID–19 operations during unanticipated school closures in school year 2021-2022. (2) This waiver applies to State agencies administering, and service institutions operating, the Summer Food Service Program. (3) This document relates to 7 CFR225.6(e)(15).

COVID-19: Child Nutrition Responses 90-100

COVID–19: Child Nutrition Response #100 (Expires 6/30/22)

(1)FNS waives, for all States, the requirements to take fiscal action during the public health emergency for meal pattern violations related to COVID 19 supply chain disruptions. (2) This waiver is available to State agencies administrating the National School Lunch Program and School Breakfast Program. These flexibilities also apply to the National School Lunch Program Seamless Summer Option (3) This document relates to 7CFR 210.18(l)(2).

COVID-19: Child Nutrition Response #98 (Expires 6/30/22)

(1) This memorandum provides clarification on additional questions related to the implementation guidance pursuant to the statutory requirements outlines in Section 1107 of the American Rescue Plan Act (Public Law 117-2). (2) This memorandum relates to requirements at 42 U.S.C. 1766(r) and 42 U.S.C. 1766(t) to allow emergency shelters to claim reimbursement for meals and snacks served to individuals under the age of 25. (3) This memorandum applies to administering State agencies and institutions operating the Child and Adult Care Food Program in emergency shelters.

COVID-19: Child Nutrition Response #97 (Expires 6/30/22)

(1) This waiver facilitates State agencies abilities to conduct a school meal programs administrative review when a School Food Authority is only operating the National School Lunch Program Seamless Summer Option in SY 2021-2022. (2) This waiver applies to State agencies administrating, and local organizations operating the National School Lunch Program Seamless Summer Option in school year 2021-2022. (3) This document relates to 42 U.S.C. 1769c and 7 CFR 210.18.

COVID-19: Child Nutrition Response #96 (Expires 30 days after the public health emergency ends as declared by the United States CDC)

(1) FNS waives, for all CACFP sponsoring organizations, that CACFP monitoring requirements included at 7 CFR 226.16(d)(4)(iii) be conducted onsite. To ensure Program integrity during this time, sponsoring organizations should continue monitoring activities of Program operations offsite (e.g., through a desk audit). This waiver extends the Nationwide Waiver of Monitoring Requirements for Sponsors in the Child and Adult Care Food Program granted on August 4, 2020 that expires on September 30, 2021. (2) This waiver applies to sponsoring organizations administering the Child and Adult Care Food Program. This waiver remains in effect until 30 days after the end of the public health emergency, which was declared on January 31, 2020 by the United States Department of Health and Human Services.

COVID-19: Child Nutrition Response #95 (Expires 30 days after the public health emergency ends as declared by the United States CDC)

(1) FNS waives, for all State agencies, that CACFP monitoring requirements included in Section 17 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1766], as amended, as well as regulations at 7 CFR 226.6(b)(1) and 226.6(m)(6) be conducted onsite. To ensure Program integrity during this time, State agencies should continue monitoring activities of Program operations offsite (e.g., through a desk audit). This waiver extends the Nationwide Waiver of Monitoring Requirements for State agencies in Child and Adult Care Food Program - EXTENSION 2 granted on August 4, 2020 that expires on September 30, 2021. (2) This waiver applies to State agencies administering the Child and Adult Care Food Program. This waiver remains in effect until 30 days after the end of the public health emergency, which was declared on January 31, 2020 by the United States Department of Health and Human Services. 

COVID-19: Child Nutrition Response #94 (Expires 30 days after the public health emergency ends as declared by the United States CDC)

(1) FNS waives, for all State agencies and school food authorities, school meal programs onsite requirements included at 7 CFR 210.8, 210.16(a), 210.18, 220.7, 220.8(h), and 220.11(d). This waiver extends the Nationwide Waiver of Onsite Monitoring Requirements in the School Meals Programs- Revised-EXTENSION 2 granted on August 4, 2020 that expires on June 30, 2021. 92) This waiver and flexibilities applies to State agencies administering, and school food authorities operating, the National School Lunch Program and School Breakfast Program. This waiver remains in effect until 30 days after the end of the public health emergency, which was declared on January 31, 2020 by the United States Department of Health and Human Services.

COVID-19: Child Nutrition Response #93 (7/1/21-6/30/22)

(1) This waiver allows schools and at-risk afterschool care centers, regardless of their location, to claim all National School Lunch Program Afterschool Snack Service and Child and Adult Care Food Program At-risk Afterschool Program meals and snacks at the free rate. This waiver also allows day care homes participating in the Child and Adult Care Food Program to claim all meals served to enrolled children at the Tier 1 rate, regardless of their location. (2) This waiver applies to State agencies administrating, and local organizations operating, the National School Lunch Program and the Child and Adult Care Food Program.

COVID-19: Child Nutrition Response #92 (7/1/21-6/30/22)

(1) FNS waives, for all States, the requirement for senior high schools (as defined by the State education agency) to participate in offer versus serve during school year 2021-2022. (2) This waiver applies to State agencies administering, and local organizations operating the National School Lunch Program. These flexibilities also apply to the National School Lunch Program Seamless Summer Option. 

COVID-19: Child Nutrition Response #91 (7/1/21-6/30/22)

(1) Under this waiver, Child and Adult Care Food Program operators in States that elect to be subject to this waiver may serve meals that do not meet specified meal pattern requirements during the public health emergency due to COVID-19. (2) This waiver applies to State agencies administering and local organizations operating the Child and Adult Care Food Program. 

COVID-19: Child Nutrition Response #90 (10/1/21-6/30/22)

(1) FNS waives, for all States, the requirements to serve meals that meet specified meal pattern requirements during the public health emergency due to COVID-19. (2) This waiver applies to State agencies administering and local organizations operating the National School Lunch Program and School Breakfast Program. These flexibilities also apply to the National School Lunch Program Seamless Summer Option. 

COVID-19: Child Nutrition Responses 80-89

COVID-19: Child Nutrition Response #89 (7/1/21-6/30/22)

(1) Under this waiver, National School Lunch Program, School Breakfast Program, and Child and Adult Care Food Program operators in a State with an approved waiver allowing non-congregate meal distribution during COVID-19 related operations may distribute meals to a parent or guardian to take home to their children. (2) This waiver applies to State agencies administering, and local organizations operating, the National School Lunch Program, School Breakfast Program, and Child and Adult Care Food Program. These flexibilities also apply to the National School Lunch Program Seamless Summer Option. 

COVID-19: Child Nutrition Response #88 (Expires 6/30/22)

(1) Under this waiver, National School Lunch Program, School Breakfast Program, and Child and Adult Care Food Program operators in States that elect to be subject to this waiver may serve meals outside of the standard meal times. (2) This waiver applies to State agencies administering, and local organizations operating, the National School Program, School Breakfast Program, and Child and Adult Care Food Program. These flexibilities also apply to the National School Lunch Program Seamless Summer Option. 

COVID-19: Child Nutrition Response #87 (Expires 6/30/22)

(1) Under this waiver, National School Lunch Program, School Breakfast program, and Child and Adult Care Food Program operators in States that elect to be subject to this waiver may provide non-congregate meals during COVID-19 operations. (2) This waiver applies to State agencies administering, and local organizations operating, the National School Lunch Program, School Breakfast Program, and Child and Adult Care Food Program. These flexibilities also apply to the National School Lunch Program Seamless Summer Option

COVID-19: Child Nutrition Response #86 (Expires 6/30/22)

(1) This waiver allows school food authorities to claim National School Lunch Program Seamless Summer Option meals and snacks at the Summer Food Service Program reimbursement rates. (2) This waiver applies to State agencies administering, and local organizations operating, the National School Lunch Program Seamless Summer Option in school year 2021-2022. 

COVID-19: Child Nutrition Response #85 (Expires 6/30/22)

(1) This waiver allows the National School Lunch Program Seamless Summer Option to operate when school is open during the regular school year through June 30, 2022. (2) This waiver applies to State agencies administrating, and local organizations operating, the National School Lunch Program Seamless Summer Option in school year 2021-2022. 

COVID-19: Child Nutrition Response #84 (Expires 6/30/22)

This memo announces a new suite of Child Nutrition Program nationwide waivers and flexibilities to support a successful school reopening in school year 2021-2022

 

COVID-19 USDA Memos and Clarification

SP20-2021

(1) This memorandum provides further clarification on questions related to the Child Nutrition Emergency Operational Costs Reimbursement Programs established in Sec. 722 of the Consolidated Appropriations Act, 2021 (the Act). (2) This memorandum applies to State agencies administering the National School Lunch Program, School Breakfast Program, and Child and Adult Care Food Program. (3) This document details further instructions and administrative procedures for participation in the reimbursement program established in Sec. 722 of the Act, which makes funding available via State agencies to program operators for the purposes of covering emergency operating costs incurred during the public health emergency.

SP19-2021

(1) This memorandum provides clarification on questions related to the operation of the Fresh Fruit and Vegetable Program (FFVP) during alternative Child Nutrition Program operations in all States and school food authorities (SFAs) due to the continued public health emergency associated with the novel coronavirus (COVID-19). (2) This memorandum applies to SFAs operating the FFVP. (3) This document relates to section 19 of the National School Lunch Act (NSLA) [42 U.S.C. 1769a].

SP18-2021

(1) This memorandum provides clarification on questions related to the Community Eligibility Provision during the public health emergency due to COVID-19. (2) This memorandum applies to State agencies administrating and local organizations operating the National School Lunch Program (NSLP), the School Breakfast Program (SBP), and the NSLP Seamless Summer Option. (3) This document relates to 7 CFR Parts 210, 220, and 245.

SP17-2021, CACFP 15-2021, SFSP 09-2021

This memorandum provides clarification that any individual State agency waiver requests submitted to FNS that were not denied or approved from the beginning of the COVID-19 public health emergency through December 31, 2020, are now denied. State agencies that have continued interest in requesting individual waivers may re-submit waiver requests to the appropriate FNS Regional office.

SP 16-2021, CACFP 14-2021

(1) This memorandum provides clarification on questions related to Child Nutrition Program operations during School Year 2021-2022. (2) This memorandum provides updates to Q&As previously released in Calendar Year 2020 and applies to State agencies administering, and local organizations operating, the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and the National School Lunch Program Seamless Summer Option. (3) This document relates to 7 CFR Parts 210, 220, and 226.

SP 15-2021, CACFP 13-2021, SFSP 08-2021

(1) This memorandum provides clarification on questions related to Child Nutrition Program operations during School Year 2021-2022. (2) This memorandum provides Q & As related to the Nationwide Waivers released for School Year 2021-2022 and applies to State agencies administering, and local organizations operating, the National School Lunch Program, School Breakfast program, Child and Adult Care Food Program, and the National School Lunch Program Seamless Summer Option. (3) This document relates to 7 CFR Parts 210, 220, and 226.

CACFP12-2021

(1) This memorandum provides clarification on additional questions related to the implementation guidance pursuant to the statutory requirements outlined in Section 1107 of the American Rescue Plan Act (Public Law 117-2). (2) This memorandum relates to requirements at 42 U.S.C. 1766(r) and 42 U.S.C. 1766(t) to allow emergency shelters to claim reimbursement for meals and snacks served to individuals under the age of 25. (3) This memorandum applies to administering State agencies and institutions operating the Child and Adult Care Food Program in emergency shelters.

CACFP 11-2021, SFSP 07-2021

This memorandum states visual observation and identification by Child and Adult Food Program (CACFP) institutions and facilities and Summer Food Service Program (SFSP) sponsors is no longer an allowable practice for program operators to use during the collection of race or ethnicity data.

CACFP 08-2021

(1) This memorandum provides implementation guidance pursuant to the statutory requirements outlined in Section 1107 of the American Rescue Plan Act (Public Law 117-2). (2) This memorandum relates to requirements at 42 U.S.C. 1766(r) and 42 U.S.C. 1766(t) to allow emergency shelters to claim reimbursement for meals and snacks served to individuals under the age of 25. (3) This memorandum applies top State agencies administering the Child and Adult Care Food Program.