In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is an extension, without change, of a currently approved collection for maintaining the National Disqualified List of institutions, day care home providers, and individuals that have been terminated or otherwise disqualified from Child and Adult Care Food Program (CACFP) participation. These federal requirements affect eligibility under the CACFP. The state agencies are required to enter data as institutions and individuals become disqualified from participating in the CACFP.
Request for Comments
Written comments must be received on or before June 27, 2023.
- Comments may be sent to: Jessica Saracino, Director, Program Monitoring and Operational Support Branch, Child Nutrition Division, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, Alexandria, VA, 22314.
- Comments will also be accepted through the Federal eRulemaking Portal. Go to http://www.regulations.gov, and follow the online instructions for submitting comments electronically.
All responses to this notice will be summarized and included in the request for Office of Management and Budget (OMB) approval. All comments will become a matter of public record.
Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions that were used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
The Food and Nutrition Service administers the Child Nutrition Act of 1966, as amended (42 USC 1771, et seq.). Section 243(c) of PL 106–224, the Agricultural Risk Protection Act of 2000, amended section 17(d)(5) of the Richard B. Russell National School Lunch Act (42 USC 1766 (d)(5)(E)(i) and (ii)) by requiring the Department of Agriculture to maintain a list of institutions, day care home providers, and individuals that have been terminated or otherwise disqualified from Child and Adult Care Food Program participation. The law also requires the Department to make the list available to state agencies for their use in reviewing applications to participate in the program and to sponsoring organizations to ensure that they do not employ as principals any persons who are disqualified from the program.
Forms FNS–843 Report of Disqualification from Participation—Institutions and Responsible Principals/Individuals and FNS–844 Report of Disqualification from Participation—Individually Disqualified Responsible Principal/Individual or Day Care Home Provider are used to collect and maintain this data via a FNS web-based system constructed to update and maintain the list of disqualified institutions and individuals so that no state agency or sponsoring organization may approve any entity on the National Disqualified List to ensure the integrity of the program. This statutory mandate has been incorporated into § 226.6(c)(7) of the program regulations. In addition, the recordkeeping burden associated with maintaining documentation related to institutions and providers terminated for cause at the state agency level is captured under the Information Collection for the CACFP, OMB Control Number 0584–0055 Child and Adult Care Food Program (CACFP), expiration date Aug. 31, 2025. Therefore, there is no recordkeeping burden associated with this collection.