The Consolidated Appropriations Act 2023 authorized a permanent, nationwide Summer EBT program beginning in 2024. The Act requires FNS to promulgate interim regulations within a year of the Act’s enactment. Interim regulations are effective upon publication and FNS will accept comments on the interim rule to inform subsequent rulemakings.
This waiver extends the Nationwide Waiver to Allow Offer Versus Serve Flexibilities in the SFSP through Dec. 31, 2020, in conjunction with the Nationwide Waiver to Allow Summer Food Service Program and Seamless Summer Option Operations through December 2020.
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.
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.