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DATE: | January 12, 2015 | |
POLICY MEMO: | SP13 SFSP05-2015v.2 | |
SUBJECT: | Summer Meal Programs Meal Service Requirements Q&As - Revised | |
TO: | Regional Directors Special Nutrition Programs All Regions |
State Directors Child Nutrition Programs All States |
The purpose of this memorandum is to provide guidance on meal service requirements in the Summer Food Service Program (SFSP) and the National School Lunch Program’s (NSLP) Seamless Summer Option (SSO). This revision expands the use of family style meal service to closed enrolled sites and reiterates the option for offsite consumption of specified food items in SFSP and SSO. In addition, this memorandum expands current guidance on meal service times, offer versus serve (OVS), adult meals, and leftover meals as it relates to SFSP. This memorandum also includes frequently asked questions [Attachment A]. This memorandum supersedes:
In an effort to simplify program management, the Food and Nutrition Service (FNS) issued a waiver of meal service time restrictions under 7 CFR 225.16(c) in October 2011. Therefore, there are currently no federal time limits placed on the duration of a meal service and no federal requirements pertaining to the amount of time that must elapse between the beginning of one meal and the beginning of the next to provide sponsors greater flexibility to meet local needs.
However, sponsors must continue to establish meal times for each site and provide this information to the state agency to allow for effective oversight [7 CFR 225.6(c)(2)(B) and (3)(A)]. All applicant sponsors must provide the state agency with information regarding the time of meal service at each site, however, they are not required to ensure that a specific time period will elapse between the meal services. Meals must be served within the approved meal service times in order to be claimed for reimbursement and for the cost associated with such meals to be covered by program funds. FNS encourages sponsors to establish meal service times that best accommodate operational requirements and the needs of participating children. Additionally, FNS encourages state agencies to approve meal times that give sponsors flexibility to accommodate unanticipated circumstances, such as late meal deliveries, while fulfilling program requirements.
While state agencies may establish meal time restrictions, this would be considered an additional state requirement and subject to regional office (RO) notice and approval as required by 7 CFR 225.18(f). However, the state agency has the discretion to impose restrictions on specific sponsors based on review findings on a case-by-case basis.
Meal service requirements differ for school food authorities (SFAs) participating in the SSO. These requirements are outlined in the Questions and Answers for the National School Lunch Program’s Seamless Summer Option guidance available on the SSO webpage at http://www.fns.usda.gov/school-meals/opportunity-schools.
Restrictions in SFSP on the number and type of meals that may be served each day, as established by 7 CFR 225.16(b), are as follows:
Offer versus serve (OVS) is a concept that applies to menu planning and meal service which allows children to decline some of the food offered in a reimbursable breakfast, lunch, or supper, excluding snacks. The goals of OVS are to simplify program administration and reduce food waste and costs while maintaining the nutritional integrity of the SFSP meal that is served. All SFSP sites, regardless of location or type of sponsorship, may utilize OVS. Although SFSP regulations indicate that OVS is available only to school sponsors, FNS extended this option to non-school sponsors in October 2011. Utilizing OVS does not preclude the sponsor from maintaining a non-profit operation.
For a meal to be eligible for reimbursement, all food components in the required minimum serving sizes must be offered. A food component is one of the food groups that comprise a reimbursable meal. Sites must always offer all the food components that comprise a reimbursable meal in at least the minimum required amounts. A food item is a specific food offered within the food components comprising the reimbursable meal. For example, separate ½ cup servings of peaches and pears are two food items that comprise one component, the fruit and vegetable component.
All non-school sponsors electing to use OVS and schools participating in SFSP and electing to follow the SFSP meal patterns are required to follow the SFSP OVS requirements. Due to the distinguishing nature of the SFSP and NSLP, including variations in settings and resources, the OVS requirements in SFSP are different from the OVS requirements in NSLP. In order to ensure that children are receiving enough food to meet their nutritional needs, OVS requirements in SFSP are as follows:
Offering two servings of the same food item is not permissible under OVS in SFSP. All food items offered must be different from each other. For example, a breakfast menu that includes a serving of milk, a serving of fruit, and two servings of toast is not a reimbursable meal under OVS in SFSP because the toast is two of the same food item. Additionally, a larger food item that is worth two servings in weight, such as a two ounce muffin, counts as only one food item under OVS in SFSP, not two. Offering different food items supports and encourages the practice of offering a variety of food choices for children, which increases the likelihood that children will select foods they prefer and reduces waste.
OVS is an option for sponsors, not a requirement. Sponsors must indicate their intention to utilize OVS on the sponsor or site application. State agencies may not institute a statewide ban on OVS. However, specific sponsors or sites may be restricted from utilizing the option on a case-by-case basis. If a state agency denies a sponsor's request to use OVS in SFSP, the sponsor may not appeal the decision. The sponsor may submit another request the next operating year.
School sponsors that elect to use the NSLP or School Breakfast Program (SBP) meal pattern and SFAs operating SSO are required to follow the OVS requirements of NSLP and SBP. For more information, see 7 CFR 210.10(e), 7 CFR 220.8(e), and SP 57-2014, Updated Offer versus Serve Guidance for the National School Lunch Program and School Breakfast Program in School Year 2014-2015 at http://www.fns.usda.gov/updated-offer-versus-serve-guidance-national-schoollunch-program-and-school-breakfast-program.
Beginning summer 2015, FNS is extending the option of family style meal service in camps to include closed enrolled sites in the SFSP and SSO. Both camps and closed enrolled sites provide the stable environment required for a successful family style meal service to provide nutritious meals to children and promote healthy eating habits through the personal example provided by supervising adults.
FNS Instruction 783-3, Revision 1, Family Style Meal Service in the Summer Food Service Program, issued in August 1986, limits the family style meal service option to camps, which are stated as the only appropriate setting due to a camp’s stable environment for enrolled children. In December 2000, the definition of closed enrolled sites was codified in 7 CFR 225.2 as a site open only to enrolled children, as opposed to the community at large. By definition, closed enrolled sites also provide a stable environment for enrolled children and thereby also are an appropriate setting for family style meal service. FNS, therefore, is extending family style meal service as an option for closed enrolled sites in the SFSP and SSO. Family style meal service is still prohibited at open and open restricted sites in the SFSP and SSO.
Family style meal service affords sponsors latitude in the size of the initial servings which must be exercised in compliance with the following practices, at a minimum:
Sponsors have the discretion to serve meals to anyone. Only meals served to children may be claimed as reimbursable meals. Along with children ages 18 years and younger, SFSP regulations at 7 CFR 225.2 also defines children as persons over 18 years of age who are determined by the state or local educational agency or a local public education agency as having a mental or physical disability and who participate during the school year in a public or private non-profit school program established for the mentally or physically disabled. Therefore, meals served to any person who meets the above definition may be claimed as reimbursable meals.
Meals served to adults (other than those provided for in 7 CFR 225.2) must be reported differently than those served to children, depending on the classification of the adult served, as either a program or a non-program adult. The classification between the meal services requirements are as follows:
Additionally, when a sponsor chooses to serve meals to adults, the following rules must be observed:
The calculation of meal costs should be based on the full cost of producing the meal (i.e., food, supplies, labor, and other costs incurred by the sponsor). Sponsors also should include the value of the U.S. Department of Agriculture (USDA) Foods used to prepare the meal or this value may be based on the current year annual entitlement per meal value of USDA Foods.
SFAs operating SSO may not pay for non-program adult meals through the nonprofit food service account; however, they may use other sources, such as the general fund account. The cost calculations do not affect the paid meal equity and non-program equity provisions.
SFAs participating in the SSO should refer to FNS Instruction 782-5, Revision 1, Pricing of Adult Meals in the National School Lunch and Breakfast programs, June 6, 1988, for more information on the sale of adult meals.
All sponsors must plan, prepare, and order meals with the objective of providing one meal per child at each meal service, and must ensure that entire meals and food components are not leftover and unusable on a frequent basis. Sponsors should regularly monitor and compare site reports on the number of attending children and the number of delivered meals to reduce waste and cost. When sites have leftover food, sponsors should promptly adjust orders to more accurately reflect the actual number of meal service participants. Additionally, all alternatives permitted by program regulations and state and local health and sanitation codes should be exhausted before discarding food.
FNS encourages state agencies to support efforts by sponsors to minimize food waste. Some options may include:
SFSP regulations require sponsors to ensure children consume meals at the site [7 CFR 225.6(e)(15)]. Therefore, meals must be consumed onsite in order to be eligible for reimbursement, unless the meal is served on a state agency approved field trip or offsite consumption is otherwise approved by FNS. In extenuating circumstances, sponsors may allow offsite consumption of meals as long as meals taken offsite are not claimed for reimbursement. Failure to meet this “congregate feeding” requirement results in the disallowance of meals and may lead to a determination of serious deficiency of the sponsor’s operation of the program [7 CFR 225.11(c)(4)].
However, sponsors may allow a child to take one fruit, vegetable, or grain item offsite for later consumption without prior state agency approval provided this is in compliance with state and local health and sanitation codes. Originally, FNS permitted sponsors to allow children to take only a fruit or vegetable off site with prior state agency approval. In October 2013, FNS extended this option to all sponsors without prior state agency approval and expanded the eligible food items to include grains [SFSP 08-2014, Meal Service Requirements, Nov. 12, 2013]. The food item taken offsite must be from the child’s own meal or left on a “share table” by another child who did not want it.
Sponsors should only allow an item to be taken offsite if they have adequate staffing to properly administer and monitor the site, and to ensure that issues, particularly related to food safety and program integrity, do not arise. state agencies may prohibit individual sponsors on a case-by-case basis from using this option if the sponsor’s ability to provide adequate oversight is in question. The state agency’s decision to prohibit a sponsor from utilizing this option is not an appealable action.
SFAs operating SSO should follow the policy memo SP41-2014, Clarification of the Policy on Food Consumption Outside of Foodservice Area and the Whole Grain-Rich Requirement available at http://www.fns.usda.gov/sites/default/files/SP41-2014os.pdf for more information on the consumption of meal service items outside of the designated food service area.
State agencies are reminded to distribute this information to program operators immediately. program operators should direct any questions regarding this memorandum to the appropriate state agency. state agency contact information is available at http://www.fns.usda.gov/cnd/Contacts/StateDirectory.htm. State agencies should direct questions to the appropriate FNS regional office.
Angela Kline
Director
Policy and Program Development Division
The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.