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Modifying the FNS Instruction 113-1

On March 3, 2026, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) released a memorandum titled Modifying the FNS Instruction 113‑1: Civil Rights Compliance and Enforcement – Nutrition Programs and Activities. The memorandum announces that FNS is updating FNS Instruction 113‑1. In addition, FNS is developing a new guidance tool to support FNS employees and recipients of federal financial assistance in meeting applicable civil rights requirements. This policy memorandum can be found on the USDA FNS Documents and Resources External link opens in new window or tab..

The memorandum also provides interim direction while the amended guidance is under development. All civil rights and nondiscrimination laws and regulations remain fully in effect, including associated compliance and enforcement requirements. The memorandum instructs operators to discontinue citing FNS Instruction 113‑1 when responding to or addressing civil rights noncompliance in program operations. The instruction should also no longer be used as a source of technical guidance. During this interim period, program operators should instead rely on the applicable federal civil rights and nondiscrimination laws and regulations that remain in full effect.

Contact Information

For questions regarding this subject, please contact the California Department of Education Child Nutrition Programs Civil Rights and Complaints team by email at smontano@cde.ca.gov, or by phone at 916-327-2256.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Friday, April 24, 2026
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