|DATE:||April 8, 2011|
|SUBJECT:||Child Nutrition Reauthorization 2010: Child and Adult Care Food Program Applications|
Special Nutrition Programs
Child Nutrition Programs
The Healthy, Hunger-Free Kids Act of 2010 (the Act), PL 111-296, modifies the requirements for the periodic submission of renewal applications by institutions participating in the Child and Adult Care Food Program (CACFP). The purpose of this memorandum is to provide guidance on the implementation of this modification to the CACFP.
Section 331(b) of the Act amends Section 17(d) of the Richard B. Russell National School Lunch Act (42 USC 1766(d)) with regard to institution application requirements in the CACFP. Under previous statutory and regulatory requirements, renewing institutions were required to re-apply at intervals of between 12 and 36 months after their initial application was approved by the state agency. Section 331 of the Act stipulates that institutions will no longer be required to re-apply after submitting the initial application; rather, they will be required to submit annually information as described below.
Thus, the requirements set forth at 7 CFR 226.6(b)(1) for new institutions submitting an initial application remain unchanged. However, renewing institutions are no longer required to submit a renewal application. Instead, renewing institutions will be required to annually submit:
- Updated licensing information for each independent center and facility participating in CACFP (this represents no change from current regulations at 7 CFR 226.6(f)(1)(vi)). The state agency may choose to obtain this information directly from the state licensing agency rather than requiring submission by the institution;
- A single certification that any information previously submitted to the state to support all of the eligibility requirements set forth in 7 CFR 226.6(b)(2) for the institution, its facilities and all of its current principals is current, or that the institution has submitted any changes or updates to the state. This certification must address all required elements. We have attached a prototype certification that includes the elements that will be required until the issuance of a final rule. State agencies may add to this list other information required annually for proper administration of the program, including but not limited to the information described in 7 CFR 226.6(f)(3)(iv);
- For sponsoring organizations, a budget for the upcoming year and, if required by the state agency, a budget for independent centers (this represents no change from current regulations at 7 CFR 226.6(f)(1)(iv) and 226.6(f)(3)(iv)(A))
All annual responsibilities contained in 7 CFR 226.6(f)(1) continue to apply.
FNS plans to issue a proposed rule implementing these and other changes. However, until we analyze comments on the proposed rule and issue a final rule, participating institutions are required to submit only the updated information specified above.
State agencies should direct any questions concerning this guidance to the appropriate FNS regional office. Regional offices with questions should contact the child nutrition division.
Child Nutrition Division