FNS Documents & Resources

Periodically, we receive questions concerning the procurement requirements of 7 CFR Parts 3016 and 3019 and certain procurement procedures used by public and nonprofit school food authorities. Attached are a number of these recent questions and their corresponding answers.

FNS published an interim rule, “Child and Adult Care Food Program; Improving Management and Program Integrity" that explains a provision in that rule requiring state agencies that administer the CACFP to share information with state agencies that administer the Food Stamp Program

The Child Nutrition and WIC Reauthorization Act of 2004 amended sections of the Richard B. Russell National School Lunch Act affecting the eligibility determination process for free and reduced price benefits under the National School Lunch Program, School Breakfast Program and the Special Milk Program for Children.

Regarding awarding contracts, state agencies are advised to carefully review school district to ensure they are in compliance with federal regulations and take appropriate actions.

As described in our Reauthorization Implementation Memo SP 4, Categorical Eligibility for Free Lunches and Breakfasts of Runaway, Homeless, and Migrant Youth,  runaway youth served through grant programs established under the Runaway and Homeless Youth Act are now categorically eligible for free meals in the National School Lunch and School Breakfast Programs.

This memorandum supplements our Reauthorization Implementation Memo SP 4 by providing additional information on identifying migrant children and on the procedures that school food authorities and local education agencies should use to coordinate with the Migrant Education Program in order to document the categorical eligibility of migrant children for free meals.

Section 107 of the Child Nutrition and WIC Reauthorization Act of 2004 amended the Richard B. Russell National School Lunch Act to make runaway, homeless and migrant children categorically eligible for free meal benefits under the National School Lunch and School Breakfast Programs and is effective July 1, 2004.

Recently, we have been asked 1) whether an equipment manufacturer would violate Department regulation 7 CFR Part 3016.60(b) if the equipment manufacturer writes the bid specifications for a school food authority (SFA) when that manufacturer does not directly sell its products to the SFA, but uses dealers or distributors instead and 2), would a food service management company (FSMC) violate §3016.60(b), if the FSMC drafted a provision to amend an existing SFA-FSMC contract

This memorandum attempts to answer specific questions raised about CACFP providers incorporating their day care home operations under the laws of their respective states and the effect incorporation has on program participation.