The purpose of this memorandum is to provide state agencies and program operators of the child nutrition programs, 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 label, 2) watermarked CN label, and 3) manufacturer’s Product Formulation Statement.

This memorandum details the nutrition requirements for fluid milk and fluid milk substitutes in the Child and Adult Care Food Program (CACFP) and includes a series of frequently asked questions and answers. This memorandum supersedes CACFP 17-2016, Nutrition Requirements for Fluid Milk and Fluid Milk Substitutions in the Child and Adult Care Food Program, Questions and Answers, July 14, 2016. 

The purpose of this memorandum is to outline the use of Offer Versus Serve in the adult day care and at-risk afterschool settings, as well as the use of family style meals in the Child and Adult Care Food Program. 

The Child Nutrition rule, “Child Nutrition Programs: Community Eligibility Provision—Increasing Options for Schools” amends the regulations associated with the School Meals Program, which consists of the National School Lunch Program and the School Breakfast Program.

This rulemaking finalizes long-term school nutrition requirements based on the goals of the Dietary Guidelines for Americans, 2020-2025, robust stakeholder input, and lessons learned from prior rulemakings.

This rulemaking proposes important modifications to make the application of serious deficiency procedures in the Child and Adult Care Food Program and Summer Food Service Program consistent, effective, and in line with current requirements under the Richard B. Russell National School Lunch Act. 

A final rule, Child Nutrition Programs: Community Eligibility Provision-Increasing Options for Schools (88 FR 65778), was published on Sept. 26, 2023, with an effective date of Oct. 26, 2023, that established the 25 percent minimum ISP threshold.  As a result, more students, households, and schools have the opportunity to experience CEP’s benefits, such as increasing access to school meals at no cost, eliminating unpaid meal charges, minimizing stigma, and streamlining meal service operations.

The purpose of this memorandum is to update prior guidance to reflect changes made to the Community Eligibility Provision due to the Final Rule, Child Nutrition Programs: Community Eligibility Provision – Increasing Options for Schools (FR 65778), effective on Oct. 26, 2023. This final rule amended CEP regulations by lowering the minimum identified student percentage to elect CEP from 40 percent to 25 percent. 
 

This memorandum provides a reminder of the annual Community Eligibility Provision notification and publication requirements, including the changes made by the Final Rule, Child Nutrition Programs: Community Eligibility Provision – Increasing Options for Schools. This memorandum also reminds state agencies that the statutory election deadline for schools to elect CEP for school year 2024-25 is June 30, 2024.

This memorandum provides new guidance and questions and answers to address changes made by the CEP final rule. Additionally, this memorandum provides clarification on guidance related to CEP. The attached Q&As supersede SP 54-2016, Community Eligibility Provision: Guidance and Updated Q&As.