FNS Documents & Resources

Due to the exceptional circumstances of this public health emergency, USDA is establishing a nationwide waiver to support access to nutritious meals while minimizing potential exposure to the novel coronavirus. This waiver applies to the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Food Service Program.

This rulemaking proposes to codify three menu planning flexibilities established by the interim final rule titled, Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements published Nov. 30, 2017, and made permanent with some modifications by a final rule of the same title published Dec. 12, 2018, hereafter referred to as the 2018 Final Rule. An April 2020 court decision vacated and remanded the 2018 Final Rule.

This final rule removes from the Code of Federal Regulations the final rule published on December 12, 2018, titled, “Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements.” This action responds to a decision of the U.S. District Court for the District of Maryland that vacated the rule.

This memorandum includes questions and answers intended to provide clarification to State agencies and Program operators as they continue to operate the National School Lunch Program (NSLP), School Breakfast Program (SBP), NSLP Seamless Summer Option (SSO), Summer Food Service Program (SFSP), and Child and Adult Care Food Program (CACFP) during the school year.

This memorandum includes questions and answers intended to provide clarification on the operation of the Fresh Fruit and Vegetable Program during implementation of alternative child nutrition program operations throughout School Year 2020-2021 due to the continued novel coronavirus (COVID-19) public health emergency.

The federally-declared public health emergency due to COVID-19 created an unprecedented challenge to providing healthful meals to children who normally participate in the National School Lunch Program, School Breakfast Program, and the Child and Adult Care Food Program. Through a series of waivers, NSLP/SBP, and CACFP local program operators were able to continue their mission to provide healthful meals to eligible children using combinations of the flexibilities provided for under NSLP/SBP, CACFP, the NSLP Seamless Summer Option, and the Summer Food Service Program.

Program operators in a state with an approved waiver allowing non-congregate meal distribution during COVID–19-related operations may distribute meals to a parent or guardian to take home to their children for school year 2020-21. FNS recognizes that  continuing to require children to come to the meal site to pick up meals may not be practical and in keeping with the goal of providing meals while also taking appropriate safety measures.

This memorandum includes questions and answers intended to provide clarification to state agencies and program operators as they operate the NSLP, SBP, NSLP Seamless Summer Option, SFSP, and CACFP in the coming months, during the COVID-19 pandemic.