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Additional State Requirements in the CACFP

Nutrition Services Division Management Bulletin

Purpose: Policy

Date: May 2014

Number: CACFP-04-2014

To: Child and Adult Care Food Program, All Child Care Agencies

Attention: Food Program Director

Reference: U.S. Department of Agriculture Policy Memorandum CACFP 09-2013; Title 7, Code of Federal Regulations, sections 226.15(e), 226.25(b), and 226.6(f)(3)(iv)

Subject: Additional State Requirements in the Child and Adult Care Food Program

This Management Bulletin (MB) informs agencies participating in the Child and Adult Care Food Program (CACFP) that the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) has implemented a process for state agencies to follow when states want to impose CACFP requirements beyond federal regulations. The FNS allows states to impose additional demands when they are consistent with the CACFP federal requirements, do not deny eligible institutions, and have been reviewed and approved by the FNS Regional Office (Title 7, Code of Federal Regulations [7 CFR], Section 226.25[b]).

This MB outlines the standard process that state agencies and the FNS Regional Offices use during the review and approval of additional requirements.

USDA requires state agencies to submit all proposed additional requirements in writing to the appropriate FNS Special Nutrition Programs Regional Director for review and approval at least 30 days in advance of their planned implementation. The state agency must receive this approval before implementing any additional requirements. The FNS Regional Office may approve additional requirements for a specific period of time with a maximum duration of three years. The FNS may revoke its approval of an additional requirement due to changes to the CACFP or if issues arise as a result of the implementation of the additional requirements. Appeal rights will not be granted to state agencies if requests for approval are denied.

The FNS will not allow state agencies to deny an application, disallow meals that are otherwise reimbursable, assess an overclaim, declare a sponsor seriously deficient, or terminate a sponsor due solely to a violation of a state agency’s additional requirement. Violations of a state agency’s additional requirement may result in review findings and are subject to corrective action; however, state agencies cannot disallow reimbursement or take other adverse action if an agency participating in the CACFP receives a finding due to an additional requirement and fails to correct it.

State agencies must submit a request for approval to the FNS Regional Office for any additional requirements already implemented. The FNS Regional Office will issue findings to state agencies for noncompliance if it is determined that a state agency has implemented any additional requirement without prior approval. From this point forward, CACFP Management Evaluations will include a review of additional requirements implemented by state agencies.

According to federal regulations (7 CFR, Section 226.6[f][3][iv]), state agencies currently have authority to implement specific additional requirements that are not subject to FNS Regional Office approval. One example is the requirement that all independent centers submit an annual budget to the state agency (7 CFR, Section 226.6[f][3][iv][A]). Similarly, federal regulations (7 CFR, Section 226.15[e]) require institutions participating in the CACFP to maintain all records as mandated by their state agency. State agencies may impose additional recordkeeping requirements, including menu production records, which are not subject to FNS Regional Office approval and are enforceable with fiscal action by a state agency.


If you have any questions regarding this MB, please contact your CACFP Specialist. A contact list of CACFP Specialists is available in the Download Forms section of the Child Nutrition Information and Payment System, Form ID CACFP 01. You can also contact Nancy Charpentier, CACFP Unit Office Technician, by phone at 916-327-2991 or by e-mail at to be directed to your CACFP Specialist.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Monday, October 2, 2017
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