The Consolidated Appropriations Act 2023 authorized a permanent, nationwide Summer EBT program beginning in 2024. The Act requires FNS to promulgate interim regulations within a year of the Act’s enactment. Interim regulations are effective upon publication and FNS will accept comments on the interim rule to inform subsequent rulemakings.
The ongoing infant formula shortage due to supply chain issues, which worsened due to a major formula recall in February 2022, has left many CACFP operators concerned about access to formula and their options for safely feeding infants in their care.
The purpose of this proposed rule is to incorporate this procurement option in the programs' regulations and to define the term "unprocessed locally grown or locally raised agricultural products'' to ensure that both the intent of Congress in providing for such a procurement option is met and that any such definition will facilitate ease of implementation for institutions participating in the child nutrition programs.