|DATE:||October 20, 2005|
|SUBJECT:||Implementing Changes to the Child and Adult Care Food Program (CACFP) in Interim Rule entitled, “Child and Adult Care Food Program: Improving Management and Program Integrity”|
|TO:||All Independent Centers in your State|
On Sept. 1, 2004, FNS published an interim rule entitled, “Child and Adult Care Food Program: Improving Management and Program Integrity” (69 FR 53501). This rule puts into effect regulatory provisions that FNS had proposed on Sept. 12, 2000 (65 FR 55101), as modified in response to 548 public comments received on that proposal.
Although FNS is soliciting public comment on this interim rule, its provisions will be codified in the Code of Federal Regulations and will have the force of law, effective Oct. 1, 2004. FNS issued this as an interim rule, and allowed a lengthy period for public comments, to permit State agencies and institutions to comment on the rule after they have actually implemented all of its provisions.
This memorandum is intended to provide independent centers with information for their use in implementing the provisions of this interim rule. In addition to discussing each regulatory change in the rule that affects independent centers, this memorandum will also:
- Provide an “index” of the rule (the Federal Register page numbers of the preamble discussion relating to each provision, as well as the specific regulatory citation(s) for each provision) to help you quickly locate discussions of a specific regulatory change;
- Address implementation timeframes; and
- Discuss the areas where this second interim rule interacts with the provisions of the first interim rule published on June 27, 2002 (67 FR 43447), which implemented statutory provisions mandated by the Agricultural Risk Protection Act of 2000 and the Grain Standards and Warehouse Improvement Act of 2000 (PL 106-224 and 106-472, respectively).
Although FNS will provide a more in-depth discussion of most of these regulatory changes in National training to be provided in the spring of 2005, SAs and institutions are expected to implement most of these provisions (the exceptions are clearly noted in the attached guidance) by Oct. 1, 2004.