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Keep Kids Fed Act Waivers

On June 30, 2022, the U.S. Department of Agriculture (USDA) issued four new waivers to support continuity of program operations and ensure access to meals in summer 2022 and school year (SY) 2022–23. The waivers were issued under the nationwide authority granted to the USDA from the Keep Kids Fed Act (Public Law 117–158).

Waiver information and important details are as follows:

Waiver #107–Extension of Area Eligibility in Summer 2022

The USDA has extended the ability to operate Seamless Summer Feeding Option (SSO) and Summer Food Service Program (SFSP) open sites that are not area eligible. Although area eligibility is waived, program operators should continue to ensure that meal sites are targeting benefits to children in need.

Waiver #107 is in effect June 30, 2022 through the program operator’s summer period.

Waiver #108–Area Eligibility for Closed Enrolled Sites in Summer 2022

The USDA has extended the ability to operate SSO and SFSP at closed enrolled sites that are not area eligible.

Waiver #108 is in effect June 30, 2022 through the program operator’s summer period.

Waiver #109–SFSP Reimbursement Rates for the SSO in Summer 2022

The USDA has established payment rates for SSO meals and snacks at the SFSP reimbursement rate. Further, program operators are advised that the SSO may only be operated during traditional summer vacation periods and, for year-round schools, during school vacation periods longer than 10 school days.

Waiver #109 is in effect June 30, 2022, through the program operator’s summer period as explained above.

Waiver #110–Fiscal Action Flexibility for Meal Pattern Violations Related to COVID-19 Supply Chain Disruptions

The USDA has waived the requirement for state agencies to take fiscal action for meal pattern violations related to COVID-19 supply chain disruptions during SY 2022–23. This waiver applies to the National School Lunch and School Breakfast Programs, and the SSO.

Supply chains disruptions include but are not limited to unanticipated cancellation of food and supply contracts, and unexpected substitutions of food products by suppliers.

The USDA has advised state agencies to consider all of the information program operators have available that illustrates that a COVID-19 supply chain disruption occurred. Therefore, the Nutrition Services Division (NSD) reminds program operators to Keep Important Nutrition Documentation. Program operators should retain documents to support supply chain disruptions, in order for NSD to provide this flexibility during administrative review.

Waiver #110 is in effect June 30, 2022 through June 30, 2023.

Note: This waiver does not apply to the SFSP.

Required Reporting

The CDE is required to collect information about the use of COVID-19 related waivers, and will issue a mandatory survey to program operators to gather this information. Reporting will include but is not limited to; how the waivers impacted meals service, improved services to children, and reduced program paperwork.

Additional Information

The NSD will issue additional guidance as it is provided by the USDA.

Information about COVID-19 waivers is forthcoming on the COVID-19 Policy and Waivers in CNPs webpage.

Contact Information

For any questions regarding these waivers, please contact your respective program’s County Specialist. The County Specialist for each program can be found in the Download Forms section of each respective program’s module in the Child Nutrition Information and Payment System External link opens in new window or tab., Download Forms section:

  • School Nutrition Programs (including SSO): Form ID Caseload
  • SFSP: Form ID SFSP 01
Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Tuesday, August 2, 2022
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