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U.S. Department of Agriculture Waiver Request

Information about the U.S. Department of Agriculture (USDA) waiver request protocol for Child Nutrition Programs (CNP).

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General Information

The USDA Food and Nutrition Service established a waiver request protocol for certain CNP statutory or regulatory requirements. The CNPs include the Child and Adult Care Food Program (CACFP), the Summer Food Service Program (SFSP), the National School Lunch Program (NSLP), the School Breakfast Program (SBP), the Afterschool Meal Supplement, the Fresh Fruit and Vegetable Program (FFVP), and the Special Milk Program.

For more information, please see the USDA Policy Memorandum SP 15-2018, CACFP 12-2018, SFSP 05-2018 Child Nutrition Program Waiver Request Guidance and Protocol Revised External link opens in new window or tab. (PDF).

Current Waiver Requests for the Nutrition Services Division

The California Department of Education (CDE) is requesting a waiver for CNP Operators of the NSLP, SBP, and the CACFP affected by the COVID-19. Program operators will be required to request approval from the CDE on a case-by-case basis if the COVID-19 causes school site or district closures. The CDE requested approval for affected program operators to provide meals using the SFSP meal pattern at Seamless Summer Option (SSO) sites.

The CDE is requesting a waiver for approved program operators to utilize alternative distribution approaches that provide meals for multiple days, up to one week at a time. This waiver request would waive meal service time requirements in Title 7, Code of Federal Regulations (7 CFR), Section 225.16(c)(1) and 7 CFR, Section 225.16(c)(2).

The CDE is requesting a waiver for CNP Operators of the CACFP affected by the COVID-19. This waiver will allow program operators in affected sites to either serve meals to participants at a site that has closed or serve meals via noncongregate feeding; the waiver will also allow sites to serve meals that do not meet the CACFP meal pattern requirements. Program operators will be required to request approval from the CDE on a case-by-case basis if the COVID-19 causes site or program operator closures.

The CDE is requesting a waiver for CNP Operators of the CACFP affected by the COVID-19. This waiver will allow the CDE to suspend the CACFP monitoring requirements for both state agency and program operator staff in accordance with California Department of Public Health guidance. As the new site monitoring requirements for SFSP are still in effect, the CDE also requests that this waiver apply to SFSP Operators. In addition, the waiver will allow the CDE to reschedule CACFP administrative reviews at a later date. Program operators will be required to request approval from the CDE on a case-by-case basis if the COVID-19 adversely affects their ability to meet current program monitoring requirements, regardless of their good standing status.

The CDE is requesting a waiver for CNP operators of the NSLP, SBP, CACFP, and SFSP affected by the COVID-19. Program operators will be required to request approval from the CDE on a case-by-case basis if the COVID-19 causes site or program operator closures. The CDE requested approval for affected program operators to submit claims for reimbursement beyond the federal 60 day requirement.

The CDE is requesting a waiver for School Nutrition Program (SNP) Operators of the NSLP and SBP affected by the COVID-19. Program operators will be required to request approval from the CDE on a case-by-case basis if the COVID-19 causes site or program operator closures. The CDE requested approval for affected program operators to waive the food safety inspection report requirement for school year 2019–20.

The CDE is requesting a waiver for CNP Operators of the NSLP utilizing the non-congregate SSO, SFSP, and CACFP operators affected by the COVID-19. CNP operators in good standing and who are operating during an unanticipated school closure due to COVID-19 would be required to opt-in to participate in the waiver and receive approval from the CDE on a case-by-case basis. The CDE requested approval for affected program operators to receive free reimbursement for adult meals served to parents or legal guardians of eligible children.

The CDE is requesting a waiver for CNP operators of the CACFP affected by the COVID-19. Program operators would be required to opt-in to participate in the waiver and receive approval from the CDE on a case-by-case basis. The CDE requested approval for affected CACFP program operators to provide meals in communities that are not area eligible in instances in which the area eligibility rate is 40 percent or greater, or if the program operator can demonstrate a significant economic disruption in the area as a result of COVID-19.

The CDE is requesting a waiver for CNP operators of the NSLP affected by the COVID-19.For those affected CNP operators having their 2019-20 SNP AR move to 2020-21, the CDE has request approval to use the 2019-20 completed Off-site Assessment Tool and Resource Management risk indicator tool in their 2020-21 SNP AR.

The CDE is requesting a waiver for CNP Operators of the FFVP affected by the COVID-19. This waiver will: 1) allow an FFVP site that was closed during COVID-19 to be able to continue offering the FFVP at any site offering meals to the community, and 2) allow parents or guardians to pick up the FFVP snacks from the school site(s) without the child(ren) being in attendance.

The CDE is requesting a waiver on behalf of CNP operators in good standing, who are scheduled for an SFSP and/or SSO administrative review (AR) in school year (SY) 2019–20. The CDE requested exemption from the SSO review cycle requirement for School Food Authorities (SFAs) who have completed a SY 2019–20 SNP AR and who were serving their communities by operating SSO as a result of unanticipated school closures. The CDE also requested exemption from the SFSP review cycle requirements for existing SFSP program operators who are in good standing.

The CDE is requesting a waiver for CNP operators of the SSO and SFSP, to extend the non-congregate feeding waiver through September 30, 2020. Program operators already serving under the waiver will be allowed to continue uninterrupted service to their communities. Program operators who are serving during the traditional summer months will need to opt-in to participate.

The CDE is requesting a waiver for CNP operators of the SSO and SFSP, to extend the area eligibility waiver through September 30, 2020. Program operators already serving at sites with a population of free and reduced-price students at less than 50 percent, will be allowed to continue uninterrupted service to their communities. Program operators who are serving during the traditional summer months will need to opt-in to participate.

The CDE is requesting a waiver for CNP operators of the SSO and SFSP, to extend the waiver which provides parents and guardians the ability to pick-up meals without the children being present, through September 30, 2020. Program operators who have already opted in to this waiver will be allowed to continue uninterrupted service to their communities. Program operators who are serving during the traditional summer months will need to opt-in to participate.

The CDE is requesting a waiver for CNP operators of the SSO and SFSP, who also participate in the non-congregate feeding waiver. This waiver would allow program operators that have been serving at sites less than the quarter mile range to continue their service without disruption.

The CDE is requesting a waiver for CNP operators of the SFSP who have been serving meals throughout the COVID-19 pandemic, to continue meal service throughout the summer without meeting the mandatory pre-operational requirements for training, budget updates, and management plan updates. The deadline to complete these requirements will be changed to September 30, 2020.

Contact Information

If you have any questions regarding this subject, please contact the Program Accountability Administration by phone at 916-327-2256.

 

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Questions:   Program Accountability Administration | 916-327-2256
Last Reviewed: Monday, May 11, 2020
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