Summary
This rule rescinds an obsolete data collection requirement in regulations regarding the Child and Adult Care Food Program. The final rule is effective July 11, 2025.
Supplementary Information
USDA's regulations governing data collection related to organizations are contained in § 226.25(g) of title 7 of the Code of Federal Regulations. These regulations include an obsolete requirement for state agencies administering the Child and Adult Care Food Program (CACFP) to collect and report data related to participating institutions in each of federal fiscal years 2006 through 2009.
Upon reviewing these regulations, USDA has determined that they should be rescinded. This regulation was established on May 2, 2007, under the final rule “Data Collection Related to the Participation of Faith-Based and Community Organizations” (72 FR 24179). The regulation required mandatory collection and reporting activities to cease in 2010. USDA does not intend to resume these requirements because implementation of the directives mandated by the underlying executive orders is complete. These requirements are obsolete and must be removed from Federal regulations. This rulemaking does not impact other data collection requirements outside of those found in current 7 CFR 226.25(g).
USDA has determined that this reason, independently and alone, justifies rescission of the 7 CFR 226.25(g) regulations. Regardless of the benefits of the rule, USDA must not maintain regulations that are unlawful. USDA has determined that there is no reliance interest in an unlawful regulation. See Dep't of Homeland Sec. v. Regents of the Univ. of California, 591 U.S. 1, 32 (2020). Moreover, regardless of lawfulness, USDA has no interest in maintaining a rule that is outdated.
To the extent there is any uncertainty about the costs and benefits of the 7 CFR 226.25(g) regulations, it is the policy of USDA to err on the side of deregulation. USDA's limited resources should be focused on fairly and rationally enforcing a discrete and manageable number of regulations. The regulations at 7 CFR 226.25(g) are not a priority.
Accordingly, 7 CFR part 226 is amended as follows:
PART 226—CHILD AND ADULT CARE FOOD PROGRAM
- The authority citation for part 226 continues to read as follows:
Authority: Secs. 9, 11, 14, 16, and 17, Richard B. Russell National School Lunch Act, as amended (42 USC 1758, 1759a, 1762a, 1765 and 1766).
§ 226.25 [Amended]
- In § 226.25:
- Remove paragraph (g);
- Redesignate paragraphs (h) through (j) as paragraphs (g) through (i); and
- In newly redesignated paragraphs (i)(2) and (5), remove “(j)(1)” and add “(i)(1)” in its place.