Policy memo (379.70 KB)
| DATE: | August 23, 2023 | |
| MEMO CODE: | SP 21-2023, CACFP 10-2023, SFSP 12-2023 | |
| SUBJECT: | Initial Implementation Memorandum: Child Nutrition Program Integrity Final Rule | |
| TO: | Regional Directors Child Nutrition Programs All Regions |
State Directors Child Nutrition Programs All States |
The Food and Nutrition Service (FNS) is committed to accomplishing its mission to provide access to food, a healthful diet, and nutrition education in ways that inspire public confidence. An important component of that mission is maintaining a strong and sustained effort to ensure program integrity is a priority in the administration of the child nutrition programs. On Aug. 23, 2023, FNS published the Child Nutrition Program Integrity final rule https://www.federalregister.gov/documents/2023/08/23/2023-17992/child-nutrition-program-integrity. This final rule aims to help FNS and state administering agencies reduce program errors of all types, resulting in more efficient operations and improved compliance with program requirements. This final rule also provides state agencies and program operators with targeted flexibilities, allowing oversight based on needs determined by the state agency.
The attached chart provides an overview of the provisions codified in the final rule. Included in the chart is the compliance date for each provision. This date is when state agencies must implement and come into compliance with the new provisions, though state agencies have the discretion to implement before the compliance date. FNS established compliance dates which enable state agencies and local operators ample time to prepare for program changes. FNS is committed to providing state agencies with additional targeted technical assistance on all final rule provisions for each affected program in the near future.
As a note, not all provisions proposed in the Child Nutrition Program Integrity rule have been codified in this final rule. Notably, the proposed reciprocal disqualification in all child nutrition programs, and the serious deficiency and disqualification process in SFSP and CACFP are not codified here. Instead, those provisions are included in the proposed Serious Deficiency Rule, which FNS expects to publish later this year. All provisions finalized as part of this rulemaking are included in the attached chart.
To view the final rule please visit the Federal Register: https://www.federalregister.gov/documents/2023/08/23/2023-17992/child-nutrition-program-integrity. State agencies are reminded to distribute this information to program operators immediately. Program operators should direct any questions regarding this memorandum to the appropriate state agency. State agencies should direct questions to the appropriate FNS regional office.
Sincerely,
Jessica Saracino
Director
Program Monitoring and Operational Support Division
Child Nutrition Programs