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Important Notice: CACFP Program Moved to CDSS

The Early Childhood Development Act of 2020 (Senate Bill (SB) 98, Chapter 24, Statutes of 2020) authorized the transfer of child care and development programs administered by the California Department of Education to the California Department of Social Services (CDSS) effective July 1, 2021. The content on this page may not be current and involves the Child and Adult Care Food Program (CACFP) that has moved to CDSS. Visit the CDSS CACFP web page External link opens in new window or tab. or call 1-833-559-2420 for more information.

Nutrition Services Division Management Bulletin
Purpose: Policy, Beneficial Information

To: Child and Adult Care Food Program Agencies

Number: USDA-CACFP-16-2012

Attention: Food Program Manager

Date: August 2012

Subject: Health and Safety Standards for Outside-school-hours Care Centers and At-risk Afterschool Care Centers

Reference: U.S. Department of Agriculture Child and Adult Care Food Program Policy Memo 15-2012, Richard B. Russell National School Lunch Act, Title 42, U.S. Code, Section 1766(a)(5)(C)

Supersedes: Management Bulletin CACFP 02-213

This Management Bulletin (MB) serves as a reminder to Child and Adult Care Food Program (CACFP) sponsors with unlicensed sites that they are required to identify and comply with local health and safety standards. This reminder is necessary as the number of CACFP at-risk afterschool sites, which are exempt from licensing requirements, have increased dramatically over the past year. This reminder is also pertinent to outside-school-hours care centers (OSHCC) that are exempt from licensing requirements. It is important that these agencies meet the requirements of Title 42, U.S. Code (42 USC), Section 1766(a)(5)(C), of the Richard B. Russell National School Lunch Act (NSLA) (42 USC, Part 1751). Although this MB serves as a reminder, and does not include new policy, this MB supersedes MB CACFP 02-213 (May 2002) that outlined the same requirements.

Agencies are required to contact their local health department to identify and comply with the specific health and safety standards for the type of facility that they operate. Health and safety standards vary significantly among jurisdictions. In addition, required standards for each type of center may differ depending upon the building or location of the site, the structure of the program, and the type of meal services offered. For example, a site that serves both a snack and a supper may be required to meet different health and safety standards than a site that serves only a snack. Similarly, a self-preparation site may be subjected to more stringent health and safety standards than a site that serves vended meals. We understand that some local health jurisdictions do not allow the use of “sharing tables,” while other local health jurisdictions do so.

School Participation in the Child and Adult Care Food Program

Schools that participate in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) are required to obtain food safety inspections from state or local authorities under the NSLA 42 USC, Section 1758(h) and the NSLP or SBP regulations Title 7, Code of Federal Regulations (7 CFR), sections 210.13(b) and 220.7(a)(2). Therefore, schools that also participate in OSHCCs or at-risk afterschool care centers in the CACFP are not required to meet additional health and safety standards. The schools’ participation in the NSLP or SBP is sufficient proof of meeting required health and safety standards for CACFP purposes.

Summer Food Service Program Health Inspections

In cases where the health and safety inspection standards for OSHCCs and at-risk afterschool care centers and Summer Food Service Program (SFSP) feeding sites are the same, the California Department of Education (CDE) will accept a current health department inspection of the SFSP site obtained by a sponsor for the SFSP pursuant to the SFSP regulation 7 CFR, Section 225.14(d)(6)(vi). The CDE will accept the health inspection report as long as it has not expired or been revoked.

Please note, SFSP regulations require a sponsor to submit a letter to the appropriate health department of its intent to provide a food service during a specific time period at specific sites. We understand that, in many cases, the health department does not conduct an inspection of an SFSPs sponsor’s sites(s). A letter of intent to provide food service does not document that the agency is complying with local health and safety standards.

Occupancy Permits

In some jurisdictions, occupancy permits may serve as the only evidence that a facility complies with state or local health and safety standards. In this case, agencies must ensure that any such permit they have submitted for an OSHCC or at-risk afterschool care center has not expired or been revoked.

If your agency has questions regarding this MB, please contact the CACFP Specialist assigned to your agency. You will find a list of contact information for specialists in the Download Forms section of the Child Nutrition Information and Payment System. You may also contact Kayla Christensen, Community Nutrition Programs Administration Unit Office Technician, by phone at 916-324-6153 or by e-mail at kchristensen@cde.ca.gov.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Thursday, June 10, 2021
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