Summary

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection for the mandatory collection of summer meal site information from state agencies.

Request for Comments

Written comments must be received on or before Aug. 28, 2025.

Comments may be sent to: Edward Harper, Program Integrity and Innovation Division, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, Alexandria, VA 22314. Comments will also be accepted through the Federal eRulemaking Portal. Go to http://www.regulations.gov, and follow the online instructions for submitting comments electronically. All responses to this notice will be summarized and included in the request for Office of Management and Budget approval. All comments will be a matter of public record.

Abstract

The FNS-905 form: Summer Food Site Locations for State Agencies is the instrument used to collect information from state agencies about approved summer meal sites for the Summer Food Service Program (SFSP) and the Seamless Summer Option (SSO) of the National School Lunch Program. The form collects site name, location, and operating details such as dates and times of the day that the sites are in operation, for sites that provide summer meals to children 18 years and younger in low-income areas during summer months. The FNS-905 form is completed by state agencies.

The FNS-905 form is among the requirements found in statute in Section 26 of the National School Lunch Act (NSLA) (42 USC 1769g), which mandates that FNS enter into a contract with a nongovernmental organization to develop and maintain a national information clearinghouse for grassroots organizations working on hunger, food, nutrition, and other agricultural issues, including food recovery, food assistance and self-help activities to aid individuals to become self-reliant, and other activities that empower low-income individuals. The FNS-905 form is specific to summer meal site data and populates the National Hunger Clearinghouse database with summer meals site information and locations. The USDA National Hunger Clearinghouse is a resource for the public to find information about the food safety net. Information collection activities associated with the USDA National Hunger Clearinghouse and its associated FNS-543 form, National Hunger Clearinghouse Database Form, are covered under OMB Control Number 0584-0474, which is approved through May 31, 2028. Submission of the FNS-905 is a regulatory requirement per 7 CFR 225.8(e) which states that “by June 30 . . . the state agency must submit to FNS a list of open site locations and their operational details and provide a minimum of two updates during the summer operational period.” The information from this form is used to populate the Summer Meals for Kids Site Finder map at https://www.fns.usda.gov/​summer/​sitefinder.

FNS provides information about approved meal sites for individuals to find meals for children 18 years and younger when school is out for the summer, and for groups that assist low-income individuals or communities to find meals for children. This information is a way to connect families to summer meals and assist communities in developing, coordinating, and evaluating strategic initiatives, partnerships, and outreach activities.

In December 2022, Congress passed the Consolidated Appropriations Act, 2023 (PL 117-328), authorizing a new, non-congregate meal service option in rural areas where no congregate meal service is available. Beginning in summer 2025, the Act also makes it mandatory for states to report summer site data once by June 30 and update that data at least twice each year, for a minimum total of three annual submissions. However, FNS expects state agencies to continue to submit the form approximately 11 times a year. The currently approved burden for this collection is 73 burden hours and 583 responses. The estimated number of respondents increases from 53 respondents to 54 to account for full state agency compliance of this requirement. Due to 54 state agencies now complying with this requirement, the total annual responses will increase from 583 to 594. In addition, FNS is increasing the estimated time to complete the requirement from 7.5 minutes (0.125 hours) to 8 minutes (0.1336 hours) to more accurately reflect the time that it takes to complete the template. These changes increase the burden hours from 73 hours to 79 hours due to the adjustment.

Summary

This notice sets forth the interpretation that the U.S. Department of Agriculture (USDA) uses for the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), PL 104–193, 8 USC 1611. In doing so, this notice supersedes any prior interpretation in any notice or other document issued by any USDA agency. This notice also describes and preliminarily identifies the USDA programs that provide “federal public benefits” within the scope of PRWORA.

Supplementary Information

Summary

This rule removes the Coordinated Services Plan (CSP) requirement for the Summer Food Service Program (SFSP) and Summer Electronic Benefits Transfer for Children (Summer EBT) Program under the “Implementing Provisions from the Consolidated Appropriations Act, 2023: Establishing the Summer EBT Program and Rural Non-Congregate Option in the Summer Meal Programs” interim final rule published Dec. 29, 2023.

Dates

The final rule is effective Aug. 5, 2025.

Supplementary Information

Background

On Dec. 29, 2023, FNS published the interim final rule Establishing the Summer EBT Program and Rural Non-Congregate Option in the Summer Meal Programs (88 FR 90230), (hereinafter referred to as “the Summer IFR”). The Summer IFR amended the SFSP and the National School Lunch Program's Seamless Summer Option (SSO) regulations to codify the flexibility for program operators to provide non-congregate meal service to children living in rural areas. These two programs are collectively referred to as the summer meal programs. The rule also established regulations and codified the Summer EBT Program in the Code of Federal Regulations.

As part of that rulemaking, FNS requires that each state which operates the SFSP and Summer EBT to develop and maintain a CSP to coordinate the statewide availability of services offered through these programs. Beginning in 2025, states must submit a single CSP to FNS that describes how SFSP and Summer EBT services will be coordinated statewide. In instances where more than one agency administers these programs within a state, those agencies must collaborate to develop and implement the CSP. The CSP must be updated at least every three years, with significant annual updates submitted as needed. At a minimum, the plan must include: a description of the roles and responsibilities of each administering agency; a description of how agencies and organizations will coordinate outreach and programmatic activities to maximize the reach of summer meal programs and Summer EBT; metrics to assess program reach and coverage; and plans to partner with other federal, state, tribal, or local programs to support participant access to all benefits for which they may be eligible. Additionally, states must also ensure the CSP is made publicly available by posting it on their website and must notify the public of the CSP.

Comments on the Summer IFR were accepted through Aug. 27, 2024. Eleven respondents provided general comments on the CSP requirements. An advocacy group expressed support for USDA's commitment to ensuring that all summer programs work together to end summer childhood hunger through the creation of the CSP. However, most commenters noted that the CSP is burdensome, unnecessary, and duplicative of other reporting requirements. Specifically, commenters remarked that the requirement to submit a CSP is duplicative of what states already submit in their management and administration plans. A state agency commented that Summer EBT and SFSP are not equivalent, reasoning that “the coordination of a plan” is unnecessary and burdensome. Similarly, another state agency expressed general concern about how the CSP will include both SFSP and Summer EBT. Commenters also had differing opinions on each agency's roles. One state agency recommended that FNS remove the CSP requirement altogether.

Following publication of the Summer IFR, FNS offered a waiver under the authority of section 12(l) of the Richard B. Russell National School Lunch Act (NSLA), 42 USC 1760(l), to defer the compliance date for initial CSP submissions to Jan. 1, 2025; accordingly, 38 out of the 41 states required to comply with this provision requested and received said waiver for program year 2025. Requesting state agencies cited a need to focus their resources on implementation and rollout activities that will best support program capacity and integrity in order to support access to nutritious meals and Summer EBT benefits. In addition to the input FNS has received through public comments and waivers, states have continued to provide similar feedback to FNS during webinars, conferences, and other engagements since publication of the Summer IFR.

FNS has carefully reviewed the public's input and SFSP and Summer EBT regulations at 7 CFR 225.3(e) and 292.10, respectively, and determined that this deregulatory action is necessary, justified, and will benefit the public. As such, FNS will remove the CSP requirement for the SFSP and Summer EBT under this final rule.

In development of this final rule, FNS considered alternatives in the SFSP and Summer EBT including retaining the provision as is, providing regulatory waivers, extending the timeline for the states to submit updates to FNS, and removing the requirement that the state agency must consult with FNS on the development of, and any significant subsequent updates to, their plan. However, FNS agrees with commenters that the CSP is burdensome, unnecessary, and duplicative of other reporting requirements, and thus has determined the provision should be removed entirely. FNS expects removal of this provision will provide immediate relief for state administering agencies by decreasing administrative burden and eliminating duplicative and unnecessary paperwork in the SFSP and Summer EBT. This action also has the potential to provide relief for any additional states that choose to implement Summer EBT in future program years. In addition, FNS expects that this action will reduce any potential burden on other organizations and program operators, from whom the state may request information to inform its plan.

Furthermore, on Jan. 21, 2025, President Trump signed the Executive Order 14192 on Unleashing Prosperity Through Deregulation (EO 14192), supporting the American economy and citizens by ordering the executive branch to be prudent and financially responsible in the expenditure of funds, from both public and private sources, and to alleviate unnecessary regulatory burdens placed on the American people. This final rule is in response to, and fully consistent with, the directives of EO 14192. Accordingly, this final rule removes the CSP requirements at 7 CFR 225.3(e) and 292.10.

Accordingly, 7 CFR parts 225 and 292 are amended as follows:

PART 225—SUMMER FOOD SERVICE PROGRAM

1. The authority citation for part 225 continues to read as follows:

   Authority: Secs. 9, 13 and 14, Richard B. Russell National School Lunch Act, as amended (42 USC 1758, 1761 and 1762a).

   § 225.3 [Amended]

2. In § 225.3, remove paragraph (e).

PART 292—SUMMER ELECTRONIC BENEFITS TRANSFER PROGRAM

3. The authority citation for part 292 continues to read as follows:

   Authority: 42 USC 1762.

   § 292.10 [Removed and Reserved]

4. Remove and reserve § 292.10.

The goal of the U.S. Department of Agriculture’s (USDA) child nutrition programs is to provide healthy, balanced meals to children. Every day across the Nation, the National School Lunch Program and School Breakfast Program serve around 30 million and 15 million students, respectively. In the summer months, USDA programs offer meals to nearly 4 million children at schools, summer camps, rural pick-up sites, and other approved settings.

As Secretary of Agriculture, Brooke Rollins has emphasized states’ role as innovative collaborators and policy incubators. For too long, the USDA’s school meal programs have been known by the regulations and rules they enforce instead of the flexibilities they provide. Schools should and do have the ability to provide children with interesting, healthy, and diverse meals. Whether it is purchasing from a local farmer or testing out a new recipe, the USDA supports and encourages states and school districts experimenting with the meals they provide.

The USDA maintains meal pattern guidelines to ensure that children are getting a variety of nutrients and are offered all the components of a healthy diet. While meals and snacks served through the child nutrition programs must meet minimum federal nutrition standards, additional state-level standards can further promote children’s health. These stronger state-level standards can address reimbursable school meals as well as the food and beverages sold to students on campus throughout the school day through the competitive food requirements, also known as Smart Snacks in School (Smart Snacks). For example, state standards could require that yogurts served as part of reimbursable school meals and as a Smart Snack include less added sugars than federal guidelines allow. Similarly, while the U.S. Food and Drug Administration (FDA) governs food additives like synthetic dyes, states have the flexibility to require schools to stop serving meals and snacks with these harmful additives ahead of the planned phase-out directed by FDA¹. Other examples of state standards include limiting the sale of ultra-processed foods, further limiting how often juices can be served in place of whole fruits, and implementing a minimum amount of time children must be given to eat their meal.

As a reminder, meals and snacks offered through the child nutrition programs may be claimed for federal reimbursement if they meet the federal nutrition requirements and other federal regulations. State agencies may not withhold federal reimbursement for meals that meet the federal requirements, even if additional state requirements are not met. However, if a state provides an additional reimbursement above the federal reimbursement, they may withhold the state reimbursement.

USDA encourages states to take this opportunity to implement innovative ideas that support healthy choices and healthy outcomes for our nation's children. In developing these ideas, states also are encouraged to work with local partners to pursue policies that best serve their communities and enhance the health of children. States are invited to share their creative ideas with their Food and Nutrition Service (FNS) regional office, as they could become the model for other states and USDA.

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.

Tina Namian
Deputy Associate Administrator
Child Nutrition Programs

¹ U.S. Food and Drug Administration. HHS, FDA to Phase Out Petroleum-Based Synthetic Dyes in Nation’s Food Supply. April 22, 2025. Available at: https://www.fda.gov/news-events/press-announcements/hhs-fda-phase-out-petroleum-based-synthetic-dyes-nations-food-supply.

The purpose of this memorandum is to remind schools, sponsors, and institutions participating in any U.S. Department of Agriculture (USDA) Child Nutrition Program (CNP), including the National School Lunch Program (NSLP), School Breakfast Program (SBP), Fresh Fruit and Vegetable Program (FFVP), Special Milk Program for Children (SMP), Child and Adult Care Food Program (CACFP), Summer Food Service Program (SFSP), and the Seamless Summer Option (SSO), of the many ways they can purchase local foods to serve in program meals. Sourcing and serving locally grown foods, and other farm to school activities, such as taste testing, gardening, and agriculture education, can infuse new energy and vision into CNP operations, support community health, create new opportunities for American farmers, invest federal dollars in local economies, and strengthen strategies to encourage healthy choices.

Background

The USDA, as directed by the Richard B. Russell National School Lunch Act, encourages CNP operators to purchase unprocessed agricultural products, both locally grown and locally raised, to the maximum extent practicable and appropriate. The Food and Nutrition Service (FNS) supports CNP operators in reaching this goal through a variety of purchasing strategies, including the use of federal funds received through meal reimbursements (i.e., cash reimbursement) to purchase local foods directly from farmers or indirectly from food hubs, local food distributors, and other local food sources.

General Program Reminder

CNP operators must use full and open competition in alignment with Federal Procurement Regulations at 2 CFR 200.319 when purchasing goods, including local foods, for program meals and snacks. CNP operators may use any allowable procurement method to purchase local food. However, before determining the appropriate procurement method or writing solicitations, CNP operators should conduct market research to determine the ability of local producers and other local food vendors to provide desired products, price points, quantities, distribution, and other requirements unique to the food service operation and whether an adequate supply of local foods exists in the marketplace.

Strategies for purchasing local foods with cash reimbursement include:

Using the Geographic Preference Option - CNP operators may voluntarily apply a geographic preference when procuring unprocessed locally grown or locally raised agricultural products (i.e., agricultural products that retain their inherent character) through a small purchase or formal procurement.

Geographic preference includes two strategies:

1. Use local as a specification (i.e., the written description of a product or service that a vendor must meet to be considered responsive to a solicitation) for local unprocessed agricultural products; and
2. Use a defined scoring advantage (i.e., additional credit or points given to local unprocessed agricultural products during the evaluation of responses to a solicitation) for local unprocessed agricultural products.

CNP operators may adopt either strategy, a mix of both strategies, or elect not to use either approach. The CNP operator must define local for their solicitation. When applying a defined scoring advantage, CNP operators also define the amount of preference or credit awarded to unprocessed agricultural products. For detailed information on using the geographic preference option, please see SP22-2-24, CACFP 08-2024, SFSP 13-2024 Geographic Preference Expansion Related to the Final Rule and SP24-2024, CACFP 10-2024, SFSP 14-2024 Geographic Preference option Questions and Answers.

Targeting Local Food through Purchasing Methods - CNP operators may use the micro-purchase and small purchase methods to target local food by contacting only local producers or vendors offering local foods. CNP operators using these methods must know that the product is locally available, the planned purchase or purchases are under the micro-purchase or informal purchase threshold, and producers or other vendors of local foods can offer these products while meeting all other solicitation requirements.

Targeting Local through Product Specifications and Technical Requirements - CNP operators may target local foods through technical requirements sometimes associated with locally grown, raised, or caught foods, when using the small purchase and formal procurement methods if they do not overly restrict competition. For example, CNP operators may require as part of their solicitation that products are delivered within a certain number of hours of harvest or certified organic, or that certain other services are offered, such as producer profiles or farm visits.

In addition to cash reimbursement, other strategies for sourcing local food include:

USDA Foods in Schools (USDA Foods) and USDA Department of Defense Fresh Fruit and Vegetable Program (USDA DoD Fresh) as Sources for Local Foods

CNPs receive USDA Foods entitlement dollars, which can be used to order food procured by the USDA through USDA Foods. USDA Foods are 100% American-grown and produced and include a wide variety of high-quality fruits, vegetables, dairy products, whole grains, and protein foods for use by schools and institutions participating in the NSLP, SFSP, and CACFP. USDA makes USDA Foods available to CNP in three ways: direct delivery, USDA Foods processing, and the USDA DoD Fresh Fruit and Vegetable Program. USDA Foods offers information on where USDA Foods have been historically sourced, but product origin is not available at the time of selection. CNP operators may access reports on the origin of historically sourced foods by reviewing the USDA Foods State of Origin Reports. For more information, visit USDA Foods: A Resource for Maximizing Food Budgets to Buy Local.

NSLP and SFSP operators may also use entitlement dollars to purchase fresh fruits and vegetables purchased by the DoD Defense Logistics Agency (DLA) through USDA DoD Fresh. USDA DoD Fresh vendors are encouraged to source local produce when seasonally available and are required to report the state(s) where each fruit or vegetable is grown in the Fresh Fruit and Vegetable Order/Receipt System (FFAVORS). CNP operators that want to order local produce through USDA DoD Fresh should start by looking for the State of Origin information or look for produce indicated as locally grown in the FFAVORS catalog. For more information, check out the USDA DoD Fresh Program: A Source for Locally Grown Fact Sheet.

Donations

Procurement regulations do not apply when products are donated directly to CNPs. CNP operators should ensure any donated products, including local foods, meet federal, state, local, and Tribal food safety requirements. For more information on the use of donated foods in schools, see SP 11-2012, CACFP 05-2012, SFSP 07-2012 Guidance on the Food Donation Program in Child Nutrition Programs, SP 01-2016, CACFP 01-2016, SFSP 01-2016 Procuring Local Meat, Poultry, Game and Eggs for Child Nutrition Programs, and SP 32-2009 School Gardens Q&A.

Tools and Technical Assistance

FNS offers a variety of policy memos, fact sheets, and other resources to support local procurement. These resources are available on the USDA Patrick Leahy Farm to School Program’s Procuring Local Foods webpage.

FNS reminds state agencies to distribute this information to CNP operators immediately. CNP operators should direct any questions regarding this memorandum to the appropriate state agency. State agencies should direct questions to the appropriate FNS regional office.

Tina Namian
Acting Director
Community Food Systems Division
Child Nutrition Programs

This video tutorial shows how to customize the print materials included in the SUN programs communications toolkit.

This webinar was hosted on March 20, 2025 for state agencies administering the Summer Food Service Program and focused on strategies to ensure integrity in SFSP non-congregate meal service. This webinar clarifies statutory, regulatory and administrative requirements and prioritizes customer service. 

Summary

This notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced-price meals and free milk and Summer Electronic Benefit Transfer benefits for the period from July 1, 2025, through June 30, 2026. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program, Summer Food Service Program as well as states and Indian Tribal Organizations that administer the Summer Electronic Benefits Transfer for Children Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index.

Dates

July 1, 2025.

Definition of Income

In accordance with the Department's policy as provided in the Food and Nutrition Service publication Eligibility Manual for School Meals, “income,” as the term is used in this notice, means income before any deductions such as income taxes, Social Security taxes, insurance premiums, charitable contributions, and bonds. It includes the following: (1) monetary compensation for services, including wages, salary, commissions or fees; (2) net income from nonfarm self-employment; (3) net income from farm self-employment; (4) Social Security; (5) dividends or interest on savings or bonds or income from estates or trusts; (6) net rental income; (7) public assistance or welfare payments; (8) unemployment compensation; (9) government civilian employee or military retirement, or pensions or veterans payments; (10) private pensions or annuities; (11) alimony or child support payments; (12) regular contributions from persons not living in the household; (13) net royalties; and (14) other cash income. Other cash income would include cash amounts received or withdrawn from any source including savings, investments, trust accounts and other resources that would be available to pay the price of a child's meal.

“Income”, as the term is used in this notice, does not include any income or benefits received under any federal programs that are excluded from consideration as income by any statutory prohibition. Furthermore, the value of meals, milk, or EBT benefits to children shall not be considered as income to their households for other benefit programs in accordance with the prohibitions in section 12(e) of the Richard B. Russell National School Lunch Act and section 11(b) of the Child Nutrition Act of 1966 (42 USC 1760(e) and 1780(b)).

The Income Eligibility Guidelines

The following are the Income Eligibility Guidelines to be effective from July 1, 2025 through June 30, 2026. The Department's guidelines for free meals and milk and reduced price meals were obtained by multiplying the year 2025 federal income poverty guidelines by 1.30 and 1.85, respectively, and by rounding the result upward to the next whole dollar.

This notice displays only the annual federal poverty guidelines issued by the Department of Health and Human Services because the monthly and weekly federal poverty guidelines are not used to determine the Income Eligibility Guidelines. The chart details the free and reduced price eligibility criteria for monthly income, income received twice monthly (24 payments per year), income received every two weeks (26 payments per year) and weekly income.

Income calculations are made based on the following formulas: monthly income is calculated by dividing the annual income by 12; twice monthly income is computed by dividing annual income by 24; income received every two weeks is calculated by dividing annual income by 26; and weekly income is computed by dividing annual income by 52. All numbers are rounded upward to the next whole dollar. The numbers reflected in this notice for a family of four in the 48 contiguous states, the District of Columbia, Guam and the territories represent an increase of 3.0 percent over last year's level for a family of the same size.

Section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 USC 1758(b)(1)(A)).

Income Eligibility Guidelines

Sample social media posts and graphics for SUN Meals To-Go including branded and unbranded graphics. Post text can be customized as needed.

Click on an image to download a 1080 x 1080 pixels square copy. Additional sizes are available for download in the image caption. Story sized images (1080 x 1920 pixels) can be used on Facebook and Instagram. Horizontal (1920 x 1080 pixels) images can be used on Facebook, Instagram, LinkedIn, or X.

About SUN Meals To-Go

Sample Post
Many rural areas offer free summer meals for children through pick-up and delivery, helping kids get the food and nutrition they need during the summer. See if [SUN Meals To-Go/Program Name] is available near you: www.fns.usda.gov/summer/sitefinder

Find a Meal Site

Sample post
[SUN Meals To-Go/Program Name] connects kids and teens with healthy meals in summer through pick-up and delivery in eligible rural areas, at no cost. Find out if it’s available near you: www.fns.usda.gov/summer/sitefinder 

Reminder

Sample Post
It’s not too late! Kids and teens can still benefit from [SUN Meals To-Go/Program Name], a summer meal option in eligible rural areas. See if you’re in a To-Go zone: www.fns.usda.gov/summer/sitefinder

Sample social media posts and graphics for SUN Meals including branded and unbranded graphics. Post text can be customized as needed.

Click on an image to download a 1080 x 1080 pixels square copy. Additional sizes are available for download in the image caption. Story sized images (1080 x 1920 pixels) can be used on Facebook and Instagram. Horizontal (1920 x 1080 pixels) images can be used on Facebook, Instagram, LinkedIn, or X.

About SUN Meals

Sample Post
[SUN Meals/Program Name] provides free, convenient meals and snacks for children 18 years and younger during the summer at schools, parks, libraries, and other neighborhood locations in eligible communities. Learn more and find local meal sites here: www.fns.usda.gov/summer/sunmeals

Find a Meal Site

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Sample Post
When school is out for summer, kids and teens can get nutritious meals and snacks at neighborhood locations in eligible communities with [SUN Meals/Program Name]. Don’t miss out! Find meal sites in your area: www.fns.usda.gov/summer/sitefinder

Reminder

Sample Post
There’s still time this summer for kids and teens to get healthy, no cost meals and snacks at [SUN Meals/Program Name] sites in eligible communities. Find locations here: www.fns.usda.gov/summer/sitefinder

This webinar provides an overview of the Tribal Pilot Projects Request for Information. This webinar recording is captioned in English.

In the Summer Food Service Program (SFSP), parent or guardian pick-up is a meal service option for which approved sponsors may distribute meals to parents or guardians to take home to their children. Per 7 CFR 225.6(c)(2)(xi) and 7 CFR 225.6(c)(3)(viii), state agencies are responsible for ensuring sponsor applications include procedures that document how meals are only distributed to eligible children and that duplicate meals are not distributed to any child in non-congregate areas.

State agencies should develop policies for parent or guardian pick-up that prioritize safeguarding program funds for their intended use while being mindful of operational burden to sponsors. As a reminder, state agencies are responsible for defining “guardian” for the purpose of non-congregate meal service. The definition should maintain a direct caregiver relationship between an adult and a child. Individuals caring for groups of unrelated children formally enrolled in care should not be considered guardians under the state agency’s definition.

Considerations for Developing State Agency Policies

Verification of participant eligibility and providing duplicate meals are two important integrity concerns for the parent or guardian meal service option. During the application process, state agencies must confirm sponsor procedures ensure that meals are distributed only to parents or guardians for eligible children. This could include requiring that children be present with the parent or guardian at the first meal pick up. Sponsors may also request documentation from the parent or guardian picking up the meals, either before or during meal service, such as:

• Official letter or email from a school confirming student enrollment,
• Student ID cards,
• Individual student report cards,
• Attendance record from the parent portal of the school website,
• Other official third-party records.

In addition to ensuring that meals are going to eligible children, sponsors must have effective procedures to prevent the issuance of duplicate meals, which may differ depending on site characteristics. Examples of procedures include:

• Requiring sign-in sheets of participants at the site and periodically cross-referencing them for sponsors with multiple sites in close proximity.
• Utilizing technology platforms to capture meal service participation, like QR codes, an online registration system, or other methods to electronically capture participation.
• Restricting meal service times to reasonable or shorter periods instead of permitting extended or nearly all-day distribution times, to ensure that sponsors and state agencies can effectively monitor meal service times and conduct full reviews of the meal service.
• Requiring pre-registration and having names on rosters to confirm when meals are distributed.

On-Site Monitoring

On-site monitoring can uncover concerns with compliance regarding parent or guardian pick-up not captured in the application. If program deficiencies are found during monitoring visits, State agencies should provide technical assistance, require any corrective and fiscal action as needed, and then verify that the specified corrective action has been taken through a follow-up visit or some other manner. If a State agency determines that a sponsor does not have the capability to operate or oversee non-congregate meal services at their sites, then the State agency can limit that sponsor’s use of non-congregate meal service options as stated at 7 CFR 225.16(i).

In the Summer Food Service Program (SFSP), site proximity refers to the minimum distance between approved sites, based on population density and accessibility to participants. Approval of multiple sites offering meal services at the same time to the same population of children can create potential integrity concerns. Site proximity must be considered when approving sites during the SFSP sponsor application process per 7 CFR 225.6(h)(1)(ii).

Considerations for Developing State Agency Policies

State agencies should develop policies regarding site proximity for congregate and non-congregate sites. Each proposed site must be evaluated individually and thoroughly by the state agency, and in the context of other sites serving the area. Previous guidance on proximity of sites can be found in SFSP 15-2023, Best Practices for Determining Proximity of Sites in the Summer Food Service Program, Sept. 28, 2023.

State agencies should consider the following factors relative to site proximity when reviewing applications:

The distance between all proposed sites and site location:

• Consider population density and the ability for participants to access the sites based on geography.
• If two proposed sites are in close proximity, request documentation to explain the need, which may include:
  • Any physical conditions or other barriers.
  • Public safety concerns.
  • Maximum distance someone might travel in a rural area; or
  • Adjacent site types are closed-enrolled or camps.
• Ensure that sponsors operating sites in close proximity have a way to contact each other to prevent possible meal duplication or building-in an obvious indicator of meal duplication. For example, color coding meal bags for different sites.
• Use mapping tools such as Capacity Builder, Google maps, Apple maps, or MapQuest to confirm site proximity for proposed sites.
• In situations where a sponsor proposes a non-congregate site located adjacent to a suburban or urban area, states must ensure that the purpose of such site is to serve children who live within the bounds of the rural area and duplicate meals are not served.

The population to be served:

• Require sponsors to provide detailed information on the population of children that will be served at each site.
• Generally, state agencies must ensure that the same population will not be served at more than one site.
  • Sites that appeal to specialized groups of children may include:
    • Specific age groups, such as when one site attracts primarily young children, while another site attracts primarily teens.
    • Children with special dietary requirements, such as kosher or halal meals.
      • While it is allowable to approve meal sites in close proximity that offer meals which attract different groups of children, any service institution may only serve two meals, or one meal and one snack, per child per day.

The meals that will be distributed:

• In approving sites that are in close proximity, state agencies must ensure that the same population of children are not receiving more than the maximum allowable meals (for most sites, two meals or one meal and one snack per day).

For example, if one site proposes to distribute breakfasts and lunches and another site in close proximity proposes to distribute suppers and snacks, the state agency must consider whether the sites are, for practical purposes, operating as a single site to serve meals in excess of the maximum allowed per child for a single day.

Meal service times:

• Consider restricting meal service times to reasonable or shorter periods instead of permitting extended or nearly all-day distribution times.
  • Sites in close proximity that have the same, or short meal service times, could help prevent children traveling to multiple sites and receiving duplicate meals.
  • In addition to preventing duplicate meals, this will help ensure that sponsors and state agencies can effectively monitor meal service times and conduct full reviews of the meal service.
  • Requiring sponsors that operate an open non-congregate site near a closed enrolled congregate site to schedule their meal service times to start and finish before the closed enrolled site’s meal service ends, to prevent meal duplication.

On-Site Monitoring

On-site monitoring can uncover concerns with compliance regarding site proximity not captured in the application. If the state determines that a site is serving the same population of children that are already being served by another site in close proximity on a monitoring review, the state should provide technical assistance, require any corrective and fiscal action as needed, and then verify that the specified corrective action has been taken through a follow-up visit or some other manner. This could include shutting down a site’s operation. If a state agency determines that a sponsor does not have the capability to operate or oversee non-congregate meal services at their sites, then the state agency can limit that sponsor’s use of non-congregate meal service options as stated at 7 CFR 225.16(i) or deny their application to participate in the program.

A site cap is the maximum number of meals that may be claimed at a given site by a Summer Food Service Program (SFSP)sponsor. The purpose of setting a site cap is to ensure that a site does not purchase and/or produce meals outside the capability of the site and the needs of the community. To maintain program integrity and ensure the site is meeting the intended purpose, site caps for rural non-congregate meal sites (SUN Meals To-Go) must accurately reflect the needs of the targeted rural communities being served.

State agencies are responsible for reviewing and approving site caps and should develop policies and procedures for assessing site caps for rural non-congregate meal service during the application process. States must confirm that the site cap reflects eligible children residing in the targeted rural community.

To assess proposed site caps, state agencies can utilize population data resources found in the Area Eligibility Mapper for CACFP and Summer Meals. School data and/or Census data also provides data for area eligibility and estimates regarding the population of children in a particular area. Previous guidance on site caps can be found at SFSP 16-2015, Site Caps in the Summer Food Service Program: Revised, April 21, 2015.

In situations where a sponsor proposes a non-congregate site located adjacent to a suburban or urban area, states must ensure that the purpose of such site is to serve children who live within the bounds of the rural area and that the site cap is reflective of serving those children.

How to Assess Requests for Site Cap Increases

A sponsor may request a site cap increase if the estimate provided as part of their application was too low. State agencies should establish a process for considering requests to increase site caps which ensures the increase aligns with the target population for the site. Below are methods a state can use when evaluating these requests. Please note, this is not an exhaustive list and state agencies are not limited to the examples below.

• Utilizing data sets (like Census data or school data) and monitoring tools (on-site and off-site) to help assess whether a proposed increase is reasonable;
• Conducting meal service reviews to observe whether the proposed increase is justified; and
• Considering the following questions when reviewing sponsor site cap requests:
  • Is the rationale for the requested site increase reasonable?
  • Is the site increase significant (i.e., more than a 5% increase)?
  • Are other sites in the area serving a similar number of meals?
  • How many children, per Census data, reside in the area? Is the site increase justifiable based on this?
  • Has the site previously requested an increase?
  • What is the target population of the site?
  • Does the site intend to serve children who live within the bounds of the rural area and if the site cap is reflective of serving those children?

On-Site Monitoring

On-site monitoring can uncover concerns with compliance regarding site caps not captured in the application. If during a monitoring visit, inconsistencies are found related to site caps that were previously approved, state agencies should provide technical assistance to the sponsoring organization to ensure the site cap is corrected to accurately reflect the number of meals served to eligible children. The state should then verify that the specified corrective action has been taken through a follow-up visit or some other manner. If a state agency determines that a sponsor does not have the capability to operate or oversee non-congregate meal services at their sites, the state agency may limit that sponsor’s use of non-congregate meal service options as stated at 7 CFR 225.16(i).

Summary

This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program. These adjustments address changes in the Consumer Price Index, as required under the Richard B. Russell National School Lunch Act. The 2025 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures. The 2025 rates are also presented individually, as separate operating and administrative rates of reimbursement, to show the effect of the Consumer Price Index adjustment on each rate. On average, the 2025 rates adjustment represents a 3.6 percent increase in the rates from last year.

Dates

This adjustment is applicable Jan. 1, 2025.

Table of 2025 Reimbursement Rates

This memorandum is the third set of questions and answers on the rural non-congregate summer meals option established through the Consolidated Appropriations Act, 2023 (the Act) (PL 117-328), and codified through the interim final rule (IFR), Implementing Provisions from the Consolidated Appropriations Act, 2023: Establishing the Summer EBT Program and Rural Non-congregate Option in the Summer Meal Programs (88 FR 90230). The Act authorized permanent, non-congregate meal service through the Summer Food Service Program (SFSP) and National School Lunch Program’s (NSLP) Seamless Summer Option (SSO) for rural areas with no congregate meal service.

The purpose of this memorandum is to provide state agencies and program operators with additional clarification on rural non-congregate requirements and guidance to enhance program integrity. The first memorandum in this series, SFSP 07-2024, SP 13-2024, Non-Congregate Meal Service in Rural Areas Questions and Answers, Feb. 21, 2024, updates earlier guidance originally issued for summer 2023 operations and ensures consistency with the provisions of the IFR. The second memorandum in this series, SFSP 08-2024, SP 15-2024, Non-Congregate Meal Service in Rural Areas Questions and Answers #2, March 27, 2024, addresses additional implementation topics based on feedback received by state agencies and program stakeholders. The following operational topics are addressed in this guidance:

• Meal Service and Meal Quality;
• Civil Rights Requirements;
• Monitoring and Program Integrity; and
• General/Miscellaneous.

FNS appreciates the exceptional efforts of state agencies and local program operators working to meet the nutritional needs of participants during the summer months. SFSP and SSO rely on innovative and collaborative efforts to provide summer meals to children in need. State agencies are reminded to distribute this memorandum to program operators immediately. Program operators should direct any questions concerning this guidance to their state agency. State agencies with questions should contact the appropriate FNS regional office.

Sincerely,

Attachment

• Questions and Answers #3

Summary

This is a Request for Information to inform the U.S. Department of Agriculture's (USDA's) development of the Child Nutrition Programs Tribal Pilot Projects, as authorized in the Consolidated Appropriations Act, 2024. The Act authorized USDA to conduct pilot projects to allow one or more Tribes or Tribal organizations to administer one or more child nutrition programs, assuming the roles and responsibilities typically held by state agencies. USDA will use comments received in response to this Request for Information to inform the application process, and eligibility and selection criteria, for the Child Nutrition Tribal Pilot Projects. USDA invites feedback from Tribes; Tribal organizations, leaders, representatives, and associations; state agencies that administer the child nutrition programs; and others interested in opportunities to promote Tribal sovereignty in the operation of the child nutrition programs. This notice is not a request for proposals and does not commit the government to issue a solicitation, make an award, or pay any costs associated with responding to this announcement. All submitted information will remain with the government and will not be returned.

Request for Comments

Written comments must be received on or before March 24, 2025.

USDA invites the submission of the requested information through one of the following methods:

• Federal eRulemaking Portal (preferred method): Go to https://www.regulations.gov. Follow the online instructions for submitting comments.
• Mail: Send written comments to the Child Nutrition Programs, USDA Food and Nutrition Service, Braddock Metro Center II, 1320 Braddock Place, Alexandria, VA 22314.

All comments submitted in response to this Request for Information will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. All responses will become part of the public record and will not be held confidential. USDA will make the comments publicly available via https://www.regulations.gov.

Supplementary Information

Child Nutrition Programs Administration

Federal Child Nutrition Programs are administered by the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) and help to ensure that participants have access to nutritious meals and snacks in schools, summer programs, child and adult care centers, family day care homes, and afterschool programs.

Administering the Child Nutrition Programs requires partnership at many levels. The Richard B. Russell National School Lunch Act specifies that the federal government enters into agreements with state agencies to administer the child nutrition programs within each state.¹ USDA provides administrative funds to state agencies that administer the child nutrition programs.² State agencies, in turn, establish agreements with local program operators, such as school districts and community organizations, which operate the child nutrition programs and serve meals to child and adult participants in their communities. State agencies establish statewide policies and procedures for administering the child nutrition programs, consistent with federal requirements; provide policy guidance, training, and technical assistance to local program operators; monitor key aspects of performance by conducting comprehensive reviews; and report consolidated meal counts to FNS for reimbursement funds. FNS provides reimbursement to the state agencies, and state agencies are responsible for paying the federal reimbursement to each local program operator, including Tribal program operators. In some states, more than one state agency administers the child nutrition programs. For example, in a single state, one state agency may administer the National School Lunch Program, while another state agency administers the Child and Adult Care Food Program. Nationwide, there are 70 state agencies that administer the child nutrition programs. Under the Tribal Pilot Projects, Tribes and/or Tribal organizations will directly administer one or more child nutrition programs, assuming the roles and responsibilities typically held by state agencies.

Child Nutrition Tribal Pilot Projects

Section 758 of the Consolidated Appropriations Act, 2024, Public Law 118-42 (“The Act”), provided $2 million for Tribal Pilot Projects that will permit Indian Tribes and/or Tribal organizations to administer child nutrition programs, assuming the roles and responsibilities typically held by state agencies.³

The Act authorized a maximum of 10 Tribal Pilot Projects, to operate for up to two years, with grants ranging from $10,000-$100,000 per school year. The Act specifies that the following entities may operate Tribal Pilot Projects:

• an Indian Tribe, as defined by section 4 of the Indian Self-Determination and Assistance Act (25 USC 5304);
• a Tribal organization approved by an Indian Tribe;
• a Tribal educational agency;
• a consortium of Indian Tribes; or
• a partnership between an Indian Tribe and either:
  • a state educational agency,
  • a local educational agency,
  • a Tribal educational agency, or
  • the Bureau of Indian Education.

Grantees may administer one or more of the following child nutrition programs:

• National School Lunch Program, as authorized by the Richard B. Russell National School Lunch Act (42 USC 1769, “NSLA”);
• School Breakfast Program, established by the Child Nutrition Act of 1966 (42 USC 1773);
• Child and Adult Care Food Program, as established under section 17 of the NSLA (42 USC 1766); and/or
• Summer Food Service Program, as established under section 13 of the NSLA (42 USC 1761).

Finally, grantees may administer child nutrition programs in the following locations:

• a school funded by the Bureau of Indian Affairs (as defined in section 1141 of the Education Amendments of 1978 (25 USC 2021));⁴
• a school (as defined in section 12(d) of the Richard B. Russell National School Lunch Act (42 USC 1760(d)) that is on or near an Indian reservation; or
• an early child care and education facility.

Input from Tribal Communities

Tribal input is critical to ensure that the Tribal Pilot Projects reflect the needs of grantees and the communities they serve. In June 2024, FNS engaged in Nation-to-Nation consultation with Tribal leaders to gather input on the Tribal Pilot Projects. This input also helped to develop this Request for Information.⁵ To gather additional input, FNS will organize meetings and listening sessions with Tribes, groups that represent Tribal food sovereignty, Tribal Child Nutrition Program operators, and state agencies that administer child nutrition programs in states that share boundaries with present-day reservations.

FNS will use information gathered in response to this request to develop a process under which eligible Tribes and/or Tribal organizations may apply to operate a Tribal Pilot Project. This Request for Information will also help FNS understand what (if any) support eligible Tribes and Tribal organizations may need to successfully operate a Tribal Pilot Project, and to determine how the Tribal Pilot Projects will be evaluated.

Maximizing the Value of Public Feedback and Questions for Commenters

USDA invites commenters to respond to any or all of the questions below. Responses to the questions below will be especially helpful to FNS as the Agency works to implement the Child Nutrition Tribal Pilot Projects.⁶ FNS encourages public comment on these questions and seeks any other information relevant to the Child Nutrition Tribal Pilot Projects. FNS seeks public input to ensure that the Tribal Pilot Projects support Tribal sovereignty and nutrition security and best serve the communities in which they will operate. With these general interests in mind, FNS seeks input on the following questions:

1. The Consolidated Appropriations Act, 2024, identifies the entities that may operate and implement the Tribal Pilot Projects. What, if any, additional criteria should be established for a Tribe and/or Tribal organization to be considered eligible to participate in the pilot projects?
2. Are there any specific criteria that should be prioritized in the selection process? For example, should FNS give priority to a Tribe or Tribal organization with experience operating a child nutrition program, or other FNS nutrition assistance program, or to a pilot project that is implemented by a group of Tribes or Tribal organizations?
3. A Tribe or Tribal organization may partner with a state educational agency, a local educational agency, a tribal educational agency, or the Bureau of Indian Education to administer child nutrition programs.
   1. How might Tribes or Tribal organizations partner with each of these entities?
   2. Should FNS consider any criteria or parameters regarding partnerships?
4. Considering the state agency roles and responsibilities referenced in the Child Nutrition Programs Administration section of this Request for Information, what support (if any) might Tribes and Tribal organizations need to implement the Tribal Pilot Projects and administer one or more child nutrition programs?
5. Given the amount of funding available and timeframe for implementation, should FNS:
   1. Limit grantees to administering only one child nutrition program?
   2. Permit grantees to administer only part of a child nutrition program? If yes, what opportunities or challenges might partial administration present?
6. How can FNS best ensure that Tribes or Tribal organizations have access to staff, technology, and financial support needed to successfully administer child nutrition programs?
7. Should FNS fund as many pilot projects as possible (up to 10) in the first year? Or should FNS fund a limited number of projects in the first year, with future projects funded in subsequent years, to incorporate best practices and lessons learned as pilot projects evolve?
8. What outcomes should FNS measure to evaluate the Tribal Pilot Projects? How should FNS measure sustainability or feasibility of long-term implementation?
9. Is there anything else FNS should consider when implementing the Tribal Pilot Projects?

Disclaimers: This is a Request for Information. This is not a Request for Proposals or a Request for Applications and is not to be construed as a commitment by the U.S. Government to issue any solicitation or Notice of Funding Opportunity, or ultimately award a contract or assistance agreement based on this Request for Information, or to pay for any information voluntarily submitted as a result of this request. The USDA posts its competitive business opportunities on www.grants.gov. It is the potential offeror's/applicant's responsibility to monitor these sites for announcements of new opportunities. Please note that responding to this Request for Information will not give any advantage to any organization or individual in any subsequent competition. Responses may be used by USDA without restriction or limitation, therefore proprietary information should not be sent.

Collection of Information Requirements: This document does not impose information collection requirements, that is, reporting, recordkeeping or third-party disclosure requirements. However, this document does contain a general solicitation of comments in the form of a Request for Information. In accordance with implementing regulations of the Paperwork Reduction Act of 1995, specifically 5 CFR 1320.3(h)(4), this general solicitation is exempt from the Paperwork Reduction Act. Facts or opinions submitted in response to general solicitations of comments from the public, published in the Federal Register or other publications, regardless of the form or format thereof, provided that no person is required to supply specific information pertaining to the commenter other than that necessary for self-identification, as a condition of the Agency's full consideration, are not generally considered information.

¹ For more information, see the Richard B. Russell National School Lunch Act, 42 USC 1756.
² For more information about State Administrative Expense Funds, see 7 CFR part 235.
³ “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 USC 5304).
⁴ The Education Amendments of 1978 (25 USC 2021) defines the term “Bureau-funded school” to mean (A) a Bureau school; (B) a contract or grant school; or (C) a school for which assistance is provided under the Tribally Controlled Schools Act of 1988 [25 USC 2501 et seq.].
⁵ FNS participated in a Nation-to-Nation Consultation with Tribal leaders on Self-Determination in Food on June 5, 2024, at the National Congress of American Indians' Mid-Year Convention in Cherokee, North Carolina. Additional information is available at: https://www.usda.gov/​sites/​default/​files/​documents/​usda-food-self-determination-framing-paper.pdf.
⁶ Section 758 of the Consolidated Appropriations Act, 2024, PL 118-42 provides $2 million for pilot projects to Tribes and/or Tribal organizations to operate child nutrition programs as state agencies. The Act authorized a maximum of 10 pilot projects, to operate for up to two years, in Bureau of Indian Education-funded schools, schools on or near Indian reservations, or in early child care and education facilities. Grants from $10,000-$100,000 per school year are authorized.

The Child Nutrition Database (CNDB) is a required part of the nutrient analysis software approved by USDA for use in the National School Lunch Program and School Breakfast Program.

The CNDB is now available on FoodData Central. This modernization is a result of the work between USDA’s Agricultural Research Service and Food and Nutrition Service with the Public-Private Partnership for the Global Branded Food Products Database (Branded Foods). Branded Foods includes product data from manufacturers for their processed products, including products for the K-12 marketplace, including USDA Foods for Schools.

The CNDB includes food product nutrient data collected for the following 19 nutrients: calories, total fat, saturated fat, trans fat, cholesterol, sodium, carbohydrate, dietary fiber, protein, vitamin A, vitamin C, vitamin D, calcium, potassium, iron, ash, total sugars, added sugars, and moisture.

The CNDB includes nutrient data from: USDA National Nutrient Database for Standard Reference (SR) Legacy Release, USDA Standardized Recipes, and Branded Foods. The data for branded foods is updated monthly on the same cycle as the Global Branded Food Products Database, with updates for the other data sources occurring twice annually, as needed.

Software companies may download the current version of the CNDB monthly to provide their customers with the latest updates. Companies must continue to submit their software annually to USDA for review.

The most current release of the CNDB is available on FoodData Central.

For Industry partners interested in publishing their food/beverage product data to the CNDB, please refer to the following resources for guidance:

• Decision Tree: Industry Guide to Publishing K-12 Product Information to USDA Databases
• Guide to Successful Publication to the USDA Child Nutrition Database
• FAQs for Suppliers/Manufacturers Publishing Data for the Child Nutrition Database

Contact cnpntab@usda.gov for additional information about the CNDB.

The purpose of this memorandum is to provide state agencies and program operators of the child nutrition programs (CNP), including the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and the Summer Food Service Program, with additional information and clarification on the state agency monitoring process regarding the: 1) Child nutrition (CN) label, 2) Watermarked CN label, and 3) manufacturer’s Product Formulation Statement (PFS). This memorandum also reflects updates to the CN Label Verification System and provides clarification on the date of authorization found on the CN label versus the “Valid Until” date on the CN Label Verification Report. This memorandum supersedes:

• SP11 CACFP10 SFSP13-2015v2: CN Labels Copied with a Watermark Acceptable Documentation, issued March 11, 2015;
• SP27 CACFP 09 SFSP 12-2015: Administrative Review Process Regarding CN Label, Watermarked CN Label and Manufacturer’s Product Formulation Statement, issued March 11, 2015; and
• TA 07-2010 (v3): Guidance for Accepting Processed Product Documentation for Meal Pattern Requirements, issued Nov. 26, 2014.

Program operators are ultimately responsible if a menu does not fulfill meal pattern requirements; therefore, they must maintain documentation that demonstrates how a food item meets the requirements of program regulations in 7 CFR 210, 220, 225 and 226. If the processed (commercially purchased) food item is not found in the “Food Buying Guide for Child Nutrition Programs” (FBG), then documentation should be obtained from the manufacturer prior to purchasing and serving/claiming the food item. The CN label and a manufacturer’s PFS are documents that provide a way for a manufacturer to demonstrate how a processed food product contributes to the meal pattern requirements. Both a CN label and PFS are voluntarily provided by manufacturers at the request of program operators.

A CN label is authorized by USDA and provides a warranty of a product’s meal pattern contribution when the processed product is used according to the manufacturer’s instructions. A PFS is typically provided for processed products that do not have a CN label. Additional guidance and technical assistance related to CN labels and PFS may be found at “Manufacturer Documentation: Child Nutrition Labels and Product Formulation Statements” website. It is the program operator’s responsibility to request and verify that the supporting documentation for the PFS is accurate.

Requirements for Documenting Child Nutrition (CN) Labeled Products
The CN label is the gold standard for verifying the meal pattern contributions of processed products and provides a warranty against audit claims when the product is used according to the manufacturer’s instructions. CN-labeled products are processed under a quality control plan administered by USDA’s Agricultural Marketing Service or Department of Commerce’s National Oceanic and Atmospheric Administration Seafood Inspection Program. Only food products that contribute a minimum of 0.50 ounce equivalent (oz eq) meats and meat alternates (M/MA) are eligible for a CN label. Program operators are not required to offer processed products with CN labels.

Valid and acceptable documentation for the CN label includes:

1. the original CN label from the product carton; or
2. a photocopy of the CN label shown attached to the original product carton; or
3. a photograph of the CN label shown attached to the original product carton; or
4. a CN label copied with a watermark displaying the product name and CN number provided by the vendor and the Bill of Lading (invoice).

CN labels that are photocopied or photographed must be visible and legible.

CN Label Verification System
The CN Label Verification System is available to assist program operators and state reviewers in verifying the status of a CN label as well as the crediting information. During a state agency monitoring process, reviewers are encouraged to use this system to verify crediting information and the validity of the CN number on a CN label. For example, if a manufacturer has not updated the authorization date on the CN label, the CN Label Verification Report would include the updated “Valid Until” date of the label.

Dates related to CN Labels
Once authorized, CN labels are valid for five years under the condition that the manufacturer remains an authorized CN producer and the product formulation does not change. The date printed on the CN label is the original date of authorization or the date of the most recent authorization for use of that CN label. This is different from the “Valid Until” date shown on the CN Label Verification Report, which indicates when the current authority to use the label expires. Manufacturers may choose to leave the original authorization date on the label when they receive reauthorization of their CN label so that label inventories do not go to waste. For example, if a CN label was originally authorized on Feb. 15, 2024, it is valid until Feb. 15, 2029. The manufacturer may resubmit the same product for reauthorization of the CN label. If reauthorization is granted, the “Valid Until” date is updated to five years from the most recent date of authorization on the CN Label Verification Report, but the date on the CN label may remain as 02/24.

Requirements for Documenting Watermarked CN Labels
A CN label copied with a watermark is used when the CN logo and contribution statement are presented on product information separate from the actual product carton. Manufacturers may provide program operators with a watermarked CN label during the bidding process. (Note: original CN labels on product cartons will not have a watermark.) Program operators should be aware that product information on the watermarked CN label can be changed. Therefore, program operators are encouraged to verify that the watermarked CN label came from a product that was purchased and accurately reflects that product.

A watermarked CN label along with the Bill of Lading (invoice) is acceptable documentation for a state agency monitoring process. Valid and acceptable documentation for the watermarked CN label includes:

1. a hard copy of the CN label copied with a watermark displaying the product name and CN number provided by the vendor; or
2. an electronic copy of the CN label with a watermark displaying the product name and CN number provided by the vendor.

Requirements for Product Formulation Statements (PFS)
When purchasing a processed product without a CN label, a program operator may request a signed PFS on the manufacturer’s letterhead that demonstrates how the processed product contributes to the meal pattern requirements. Program operators are responsible for verifying that the calculations and contribution statement on a manufacturer’s PFS are accurate. Guidance materials such as the PFS templates, the “Tips for Evaluating a Manufacturer’s Product Formulation Statement”, FBG, and other resources are available to assist with verifying calculations and the contribution statement. A manufacturer’s PFS is not approved by USDA; however, manufacturers may request technical assistance on completing a PFS by contacting FNS at cnpntab@usda.gov.

Reviewing Product Formulation Statements
An acceptable PFS demonstrates how the processed product contributes toward the CNP meal pattern. While only processed products that contain at least 0.5 oz eq of M/MA are eligible for CN labels, a PFS can be used to document meal pattern contributions for any processed food product.

A PFS may include crediting information for more than one meal component. For instance, a cheese pizza may credit toward the M/MA, grains, and the red/orange vegetable subgroup. The manufacturer must clearly identify how each component contributes to meal pattern requirements. When reviewing a PFS prior to purchasing a processed product, refer to “Tips for Evaluating a Manufacturer’s Product Formulation Statement.”

Program operators are encouraged to review product documentation carefully, as they are responsible for ensuring the meals they serve meet meal pattern requirements (see Attachment A: Verifying Acceptable Documentation of CN Labels During State Agency Monitoring Process). Any crediting information received from a manufacturer other than a valid CN label must be verified by the program operator for accuracy. To avoid additional burdens on food industry partners, reviewers and program operators must not request a PFS or additional crediting information when a valid CN label or watermarked CN label is provided. Program operator requests for technical assistance on product crediting, acceptable documentation, and meal pattern requirements should be directed to their state agency.

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.

Attachment

• Attachment A - Verifying Acceptable Documentation of CN Labels During the State Agency Monitoring Process