Consolidated Appropriations Act 2021: Effect on Child Nutrition Programs - REVISED

This memorandum provides notice to child nutrition program operators regarding Sections 743, 764, 767, and 789 of Division A of the Consolidated Appropriations Act 2021 (PL 116-260) (the Appropriations Act), enacted on Dec. 21, 2020. This revised memorandum applies to state agencies administering, and local organizations operating the federal child nutrition programs discussed below. It is revised to correct the timeframe intended by Congress for Section 743.

In Section 743, Division A of the Appropriations Act, Congress provides that school food authorities (SFAs) participating in the School Breakfast Program (SBP) may credit any vegetable offered, including potatoes and other starchy vegetables, in place of fruit without including vegetables from other subgroups in the weekly menus. This flexibility is effective for school years 2020-21 and 2021-22, and provides additional flexibility in planning breakfast menus, but, does not require SFAs to make any menu changes.

In Section 764, of Division A of the Appropriations Act, Congress provides that funds made available by the Appropriations Act cannot be used to procure raw or processed poultry products imported into the United States from the People’s Republic of China for use in the child nutrition programs. Consistent with the terms of the Appropriations Act, this memorandum provides notice to child nutrition program operators that program funds may not be used to procure raw or processed poultry products from the People’s Republic of China. This extends the existing prohibition through Sept. 30, 2021.

Under Section 767, of Division A of the Appropriations Act, for school year 2021-22, only a school food authority that had a negative balance in the nonprofit school food service account as of Dec. 31, 2020, shall be required to establish a price for paid lunches served through the National School Lunch Program (NSLP) in accordance with section 12(p) of the Richard B. Russell National School Lunch Act (42 USC 1760(p)).

In Section 789, of Division A of the Appropriations Act, Congress provides that none of the funds made available by the Appropriations Act or any other act may be used to restrict the offering of low-fat (1% fat) flavored milk in the NSLP and SBP as long as such milk is not inconsistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990. This flexibility is effective through Sept. 30, 2021, and provides additional flexibility in planning school breakfast and lunch menus; but, does not require SFAs to make any menu changes.

State agencies must distribute this memorandum to program operators. Program operators with questions should contact their state agency. State agencies with questions may contact the appropriate Food and Nutrition Service regional office.

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