During the public health emergency due to COVID-19, FNS waives, for all states, requirements that limit the use of Offer versus Serve to school food authorities and require sponsors to apply OVS under the rules followed for the National School Lunch Program.
FNS is establishing a nationwide waiver to support access to nutritious meals while minimizing potential exposure to the novel coronavirus for school year 2020-21.
The purpose of this memorandum is to provide guidance for state agencies and program operators on the status of nationwide waivers of statutory and regulatory requirements in the Summer Food Service Program.
This memorandum outlines the use of offer versus serve in the adult day care and at-risk afterschool settings in the Child and Adult Care Food Program and the use of family style meals in the CACFP.
Offer versus Serve is a provision in the NSLP and School Breakfast Program that allows students to decline some of the food offered. The goals of OVS are to reduce food waste in the school meals programs while permitting students to decline foods they do not intend to eat.
The U.S. Department of Health and Human Services, Food and Drug Administration (FDA) published the final rule, Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments in the Federal Register (79 FR 71155) on Dec. 1, 2014.
USDA Food and Nutrition Service policy memo SP 26-2013, "Extending Flexibility in the Meat/Meat Alternate and Grains Maximums for School Year 2013-14" extends the flexibility regarding Meat/Meat Alternate (M/MA) maximums for SY 2013-13, allowing state agencies to assess compliance based on the minimum daily and weekly serving requirements only.
This memorandum clarifies FNS policy regarding the calorie and nutrient requirements for meals planned using alternate menu planning approaches.
It has come to our attention that there may be some confusion concerning fluid milk, and how it is offered in reimbursable lunches. Under all menu planning approaches, fluid milk is a separate food component/menu item.