Fresh Fruit and Vegetable Program during COVID-19: Q&As #2

This memorandum includes additional questions and answers intended to provide clarification on the operation of the Fresh Fruit and Vegetable Program (FFVP) during the novel coronavirus (COVID-19) public health emergency. This is intended as a supplement to Fresh Fruit and Vegetable Program during COVID-19: https://www.fns.usda.gov/cn/covid-19/ffvp-during-covid19.

The Secretary has broad authority for the administration of the FFVP, as permitted under Section 19 of the National School Lunch Act (NSLA) [42 USC 1769a]. FNS recognizes that local program operators are practicing social distancing, and working to limit the amount of time children spend congregating at meal and snack service sites. Therefore, based on the exceptional circumstances relating to the U.S. Department of Health and Human Services’ Jan. 27, 2020, declaration of a public health emergency due to the novel coronavirus by the, and pursuant to existing statutory authority, FNS is exercising its enforcement discretion to allow the following flexibilities in the operation of the FFVP. Please note, these flexibilities are as of Jan. 27, 2020, and remain in effect until June 30, 2020, or until expiration of the federally declared public health emergency, whichever is earlier.

FNS appreciates the exceptional effort of state agencies and local program operators working to meet the nutritional needs of child and adult participants during a challenging time. 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.

Angela M. Kline
Director
Policy and Program Development Division
Child Nutrition Programs

Attachment

• Questions and Answers