Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs – Extension 5

Pursuant to section 2202(a) of the Families First Coronavirus Response Act (the FFCRA) (PL 116-127) and in light of the exceptional circumstances of this public health emergency, the Food and Nutrition Service (FNS) is extending a nationwide waiver to support access to nutritious meals while minimizing potential exposure to the novel coronavirus (COVID–19). This waiver extends the Nationwide Waiver to Allow Meal Pattern Flexibility in the child nutrition programs – Extension #3, granted on June 8, 2020, that expires on July 31, 2020 to the Summer Food Service Program (SFSP). The Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs – Extension #4, granted on June 25, 2020, provided extensions to all other child nutrition programs through school year 2020-21.

Section 2202(a) of the FFCRA permits the Secretary of Agriculture to establish a waiver for all states for the purposes of providing meals under the child nutrition programs, with appropriate safety measures, as determined by the Secretary.

Under program regulations at 7 CFR 225.16(d), Summer Food Service Program meals must meet meal pattern requirements. However, FNS recognizes that, in this public health emergency, appropriate safety measures are necessary. Therefore, for all states, FNS extends its waiver of the requirements at 7 CFR 225.16(d) to serve meals that meet the meal pattern requirements. This waiver extension remains in effect until Aug. 31, 2020. As a reminder, the National School Lunch Program (NSLP) Seamless Summer Option (SSO) follows the NSLP and School Breakfast Program meal patterns. Therefore, Extension #4 applies to SSO operations for the duration of summer 2020.

Consistent with section 2202(a)(2) of the FFCRA, this waiver is automatically available to all states that elect to use it, without further application. If the state agency elects to implement these flexibilities, it must notify its respective FNS regional office, which will acknowledge receipt. However, in order to participate under this waiver, local program operators must contact the state agency for approval to utilize this waiver. Elections and approvals under Consistent with section 2202(a)(2) of the FFCRA, this waiver is automatically available to all states that elect to use it, without further application. If the state agency elects to implement these flexibilities, it must notify its respective FNS regional office, which will acknowledge receipt. However, in order to participate under this waiver, local program operators must contact the state agency for approval to utilize this waiver. Elections and approvals under the initial waiver will continue under this extension; no further action is needed.

When reviewing requests from local program operators, the state agency should consider requests that are targeted and justified based on plans to support access to nutritious meals while minimizing potential exposure to COVID–19. FNS expects and strongly encourages program operators to maintain and meet the nutrition standards for each program to the greatest extent possible. FNS stands ready to provide technical assistance and to offer alternatives to help program operators meet the meal patterns. As a reminder, federal procurement regulations at 2 CFR 200.320(f) allow procurement by noncompetitive proposals when there is a public emergency.

State agencies should inform local program operators of the extension of this waiver as quickly as possible, and work in partnership with them to determine if this waiver is necessary to ensure access to nutritious meals. The state agency must approve use of this waiver on a case-by-case basis, and must report to the FNS regional office when and where this waiver is in effect and for what food components.

As required by section 2202(d) of the FFCRA, each state that elects to be subject to this waiver must submit a report to the Secretary not later than 1 year after the date such state received the waiver. The report must include:

• A summary of the use of this waiver by the state agency and local program operators, and
• A description of whether and how this waiver resulted in improved services to program participants.

FNS stands ready to provide assistance to areas impacted by COVID–19, and intends to continue supporting access to nutritious meals.

FNS appreciates the exceptional effort of state agencies and local program operators working to meet the nutritional needs of participants during a challenging time. State agencies should direct questions to the appropriate FNS regional office.

Angela M. Kline
Director
Policy and Program Development Division

¹ Pursuant to the Congressional Review Act (5 USC 801 et seq.), the Office of Information and Regulatory Affairs designated this waiver as not major, as defined by 5 USC 804(2).