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Nationwide Waiver to Allow Parents and Guardians to Pick Up Meals for Children – Extension 2

EO Guidance Document #
FNS-GD-2020-0096
FNS Document #
COVID–19: Child Nutrition Response #35
Resource type
Policy Memos
Waivers
Guidance Documents
Resource Materials
PDF Icon Waiver Extension (221.52 KB)

FNS recognizes that for school year (SY) 2020-21, 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. 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.

Select from the following list to see all states approved for this wavier in child nutrition programs.

Alaska
Arkansas
California
Colorado
Connecticut
District of Columbia
Florida
Georgia
Idaho
Illinois
Indiana
Iowa

Kansas
Kentucky
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada

New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico

Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Vermont
Virginia
Virgin Islands
Washington
West Virginia
Wisconsin

 

Attachment
Nationwide Waiver to Allow Parents and Guardians to Pick Up Meals for Children – EXTENSION #2
DATE: June 25, 2020
POLICY MEMO: COVID–19: Child Nutrition Response #35
SUBJECT: Nationwide Waiver to Allow Parents and Guardians to Pick Up Meals for Children – EXTENSION #2 1
TO: Regional Directors
Special Nutrition Programs
All Regions
State Directors
Child Nutrition Programs
All States

Pursuant to the Families First Coronavirus Response Act (the FFCRA) (PL 116-127) and based on the exceptional circumstances of this public health emergency, the Food and Nutrition Service (FNS) is extending a nationwide waiver to support access to nutritious meals while minimizing potential exposure to the novel coronavirus (COVID–19). This waiver extends the Nationwide Waiver to Allow Parents and Guardians to Pick Up Meals for Children -- EXTENSION, granted on May 14, 2020, that expires on Aug. 31, 2020. This waiver extension applies to the National School Lunch Program, School Breakfast Program, and Child and Adult Care Food Program (CACFP). As provided for in the May 14 extension, the waiver for the Summer Food Service Program remains in effect until Aug. 31, 2020.

Section 2202(a) of FFCRA permits the Secretary of Agriculture to establish a waiver for all states for the purposes of providing meals and meal supplements under the child nutrition programs with appropriate safety measures with respect to COVID–19, as determined by the Secretary.

Under program regulations at 7 CFR 210.10(a), 220.2 (Breakfast), and 220.8(a), and 226.2 (Meals) meals must be served to eligible children. The cited regulations envision program operators providing meals directly to children, not to parents and guardians picking up meals at non-congregate meal sites on behalf of their children. However, FNS recognizes that for school year (SY) 2020-2021, 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.

Therefore, pursuant to the FFCRA authority cited above, under this waiver, 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. However, state agencies must have a plan for ensuring that program operators are able to maintain accountability and program integrity. This includes putting in place processes to ensure that meals are distributed only to parents or guardians of eligible children, and that duplicate meals are not distributed to any child. State agencies may want to consult local program operators when developing their plans, as local program operators are best situated to determine how to provide these assurances. This waiver is effective July 1, 2020, through June 30, 2021.

Please note, this waiver also applies to guardians picking up meals for adult participants in CACFP Adult Day Care programs.

Consistent with Section 2202(a)(2) of the FFCRA, this waiver applies automatically to all states that elect to use it, without further application. If the state agency elects to implement these flexibilities for SY 2020-2021, it must notify its respective FNS regional office, which will acknowledge receipt. State agencies should inform local program operators of the flexibilities provided by this waiver as quickly as possible, and work in partnership with local operators to provide meals to all participants in a safe and accessible manner

As required by Section 2202(d), each state that elects to be subject to this waiver must submit a report to the Secretary not later than 1 year after the date such state received the waiver. The report must include:

  • A summary of the use of this waiver by the state agency and local program operators, and
  • A description of whether and how this waiver resulted in improved services to program participants.

FNS appreciates the exceptional effort of state agencies and local program operators working to meet the nutritional needs of participants during a challenging time. State agencies should direct questions to the appropriate FNS regional office.

Angela M. Kline
Director
Policy and Program Development Division

 


1 Pursuant to the Congressional Review Act (5 USC 801 et seq.), the Office of Information and Regulatory Affairs designated this waiver as not major, as defined by 5 USC 804(2).
10/26/2020

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.