This final rule incorporates into the regulations governing the programs authorized under the Richard B. Russell National School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA) two nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010 (HHFK Act).
The purpose of this memorandum is to provide guidance on the implementation of the provision requiring schools to conduct outreach on the availability of the SBP.
This memorandum clarifies use of offer versus serve (OVS) and family style meal service in institutions participating in the Child and Adult Care Food Program (CACFP) and that serve meals prepared by school food authorities (SFAs) participating in the National School Lunch (NSLP) and School Breakfast Programs (SBP).
On March 29, 2011 the Food and Nutrition Service issued child nutrition policy memorandum SP25-2011, CACFP14-2011, SFSP09-2011 addressing implementation of Section 361, Full Use of Federal Funds, of the Healthy, Hunger-Free Kids Act of 2010 (the Act). That memorandum provided state agencies with a fact sheet of FAQs to support state administration of the CN programs such as administrative oversight, compliance, and technical assistance.
The purpose of this memorandum is to implement provisions contained in the Healthy, Hunger-Free Kids Act of 2010 which establish direct certification rate benchmarks for states and require continuous improvement plans from states that do not meet the benchmarks.
The interim rule, Direct Certification and Certification of Homeless, Migrant and Runaway Children for Free School Meals, was published on April 25, 2011. One of the provisions in this rule concerns the frequency of direct certification matching activities with the SNAP and is effective July 1, 2011.
This rule amends the regulations affecting the determination of children's eligibility for free meals under the National School Lunch Program and the School Breakfast Program by direct certification and categorical eligibility. Conforming changes and miscellaneous technical changes are also made, as appropriate, for the Special Milk Program for Children, the Child and Adult Care Food Program and the Summer Food Service Program.
Effective Oct.1, 2008, institutions receiving funds through the child nutrition programs may apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products.
The Healthy, Hunger-Free Kids Act of 2010 modifies requirements for fluid milk in the National School Lunch Program and School Breakfast Program. The purpose of this memorandum is to provide guidance on the implementation of these modifications.
This policy memorandum supersedes the previous version, as changes have been made to correct a regulatory citation and for clarification purposes. That said, this is a reminder to state agencies of the importance of ensuring compliance with the procurement requirements established in regulations affecting the National School Lunch Program, School Breakfast Program, and Special Milk Program which became effective on Nov. 30, 2007.