Offer versus Serve Waiver in the SFSP

On May 13, 2025, the U.S. Department of Agriculture approved the use of a statewide waiver requested by the California Department of Education (CDE) for non-School Food Authority (SFA) Summer Food Service Program (SFSP) operators to utilize the offer versus serve (OVS) meal service option on a case-by-case basis. This waiver is effective May 1, 2025, through September 30, 2025. To utilize this waiver, sponsors must complete and submit an OVS attestation form and receive prior approval from the CDE before implementing the OVS meal service option.

Offer Versus Serve for Non-SFA Sponsors

With prior CDE approval, the OVS waiver is for non-SFA SFSP sponsors, in good standing, to use the OVS meal service parameters on a case-by-case basis. This waiver is only allowed at sites operating congregate meal service. Non-SFA sponsors must ensure that the following meal service parameters are met:

• Breakfast:
  • The following four food items must be offered:
    • One serving of fruit/vegetable,
    • One serving of bread/bread alternate,
    • One serving of fluid milk, and
    • One additional service of fruit/vegetable, bread/bread alternate, or a serving of a meat/meat alternate.
  • All food items offered must be different from each other.
  • A child must take at least three of any of the four food items offered and may choose to take all four items.
• Lunch or Supper:
  • The following four food components must be offered through at least five different food items:
    • One serving of meat/meat alternate,
    • Two servings of fruit and/or vegetables (two different food items),
    • One serving of bread/bread alternate, and
    • One serving of fluid milk.
  • All the food items offered must be different from each other.
  • A child must take at least three food components and may choose to take all five items.
    • Lunch or supper OVS requirements differ from breakfast in that a child must take at least three food components, rather than items listed above from the five food items offered. Three food components are required for an adequate nutritious meal for children.
    • Offering two servings of the same food item is not permissible under OVS in SFSP. All food items offered must be different from each other. For example, a breakfast menu that includes a serving of milk, a serving of fruit, and two servings of toast is not a reimbursable meal under OVS in SFSP because the toast is two of the same food item. Similarly, if the breakfast menu included two different kinds of cereal rather than toast, it would still not be a reimbursable meal because the cereals, although not identical, are the same food item. Additionally, a larger food item that is worth two servings in weight, such as a two-ounce muffin, counts as only one food item under OVS in SFSP, not two.
  • Servings of all food items must adhere to the serving sizes in the SFSP meal patterns at Title 7 Code of Federal Regulations (7 CFR) Section 225.16(d).

How to Apply for an OVS Waiver for Non-SFA Sponsors

Complete and sign the OVS Waiver Attestation Statement, available in the Child Nutrition Information and Payment System Download Forms, Form ID SFSP 37. Submit your completed and signed attestation statement to SFSP@cde.ca.gov.

Operators must receive prior approval from the CDE before implementing the OVS meal service option. Utilizing the OVS waiver without prior approval may result in meals served being disallowed and not eligible for reimbursement.

Contact Information

If you have any questions regarding this subject, please contact the Summer Nutrition Program and Grants Unit by email at SFSP@cde.ca.gov.