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Fresh Fruit and Vegetable Program during COVID-19 

EO Guidance Document #
FNS Document #
SP 12-2020
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon Policy Memo (182.35 KB)
DATE: April 9, 2020
MEMO CODE: SP 12-2020
SUBJECT: Fresh Fruit and Vegetable Program during COVID191
TO: Regional Directors
Special Nutrition Programs
All Regions
State Directors
Child Nutrition Programs
All States

This memorandum includes questions and answers intended to provide clarification on the operation of the Fresh Fruit and Vegetable Program (FFVP) during the novel coronavirus (COVID-19) public health emergency.

The Secretary has broad authority for the administration of the FFVP, as permitted under section 19 of the National School Lunch Act (NSLA) [42 USC 1769a]. FNS recognizes that local program operators are practicing social distancing, and working to limit the amount of time children spend congregating at meal and snack service sites. Therefore, based on the exceptional circumstances relating to the U.S. Department of Health and Human Services’ Jan. 27, 2020, declaration of a public health emergency due to the novel coronavirus by the, and pursuant to existing statutory authority, FNS is exercising its enforcement discretion to allow the following flexibilities in the operation of the FFVP. Please note, these flexibilities are as of Jan. 27, 2020, and remain in effect until June 30, 2020, or until expiration of the federally declared public health emergency, whichever is earlier.

FNS appreciates the exceptional effort of state agencies and local program operators working to meet the nutritional needs of child and adult participants during a challenging time. State agencies are reminded to distribute this memorandum to program operators immediately. Program operators should direct any questions concerning this guidance to their state agency. State agencies with questions should contact the appropriate FNS regional office.

Angela M. Kline
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).
Page updated: November 22, 2023

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.