Several provisions in this law affect the administration of CACFP. We intend to publish regulations to implement these provisions as soon as possible. However, except as noted below, these provisions must be implemented in accordance with the statutory effective date. This memorandum provides guidance for state agencies to use until final rules are published.
The National School Lunch Program operates in over 94,000 schools and institutions. More than 26 million children receive meals through the program on any given day; about half of these meals are provided free of charge. The School Breakfast Program operates in approximately two-thirds of the schools and institutions that offer the NSLP, most commonly in schools that serve large numbers of economically disadvantaged children.
This memorandum attempts to answer specific questions raised about CACFP providers incorporating their day care home operations under the laws of their respective states and the effect incorporation has on program participation.
The National School Lunch Act requires that schools that are participating in the National School Lunch or School Breakfast Programs claim reimbursements only for lunches or breakfasts which meet the nutrition standards of the National School Lunch Act, including compliance with the Dietary Guidelines for Americans.