FNS Documents & Resources

Questions have arisen regarding the eligibility for reimbursement of meals served to children who are placed by a public school district in special schools or institutions which are either not eligible to participate or choose not to participate in the NSLP and/or SBP.

Provision 2 requires that the school serve meals to participating children at no charge but reduces application burdens to once every 4 years and simplifies meal counting and claiming procedures by allowing a school to receive meal reimbursement based on claiming percentages.

This Instruction establishes policy for charging allowable costs associated with the administration of TEFAP, and for assigning such costs to states and eligible recipient agencies (ERAs).  Such classification of costs is necessary in order to demonstrate compliance with the statutory and regulatory requirements described in section II, of this document.

It has come to our attention that there is still some question regarding the ability of state agencies and sponsoring organizations to use “stop payments” (suspension of all program reimbursement to institutions or providers) as a tool to enforce an institution or a provider’s compliance with program requirements.

This Instruction clarifies those areas in the CACFP regulations where the approval of FNS is required before an action can be initiated. In some cases, the FNS regional office will grant final approval.

This Instruction provides guidelines for determining the eligibility of individuals over 12 years of age with mental or physical disabilities in child care facilities under the CACFP. Note, individuals above age 18 years with mental or physical disabilities are also eligible for participation in adult day care centers participating in the CACFP.

Section 10 of the Child Nutrition Act of 1966 permits the Secretary to authorize any state or regional office, where applicable, to reserve up to 1 percent of the funds earned in any fiscal year under both the National School Lunch Act and the CNA for special developmental projects. 

Section 10 of the Child Nutrition Act of 1966 (CNA), as amended, permits the Secretary to authorize any state or regional office, where applicable, to reserve up to 1 percent of the funds earned in any fiscal year under both the National School Lunch Act and the CNA for special developmental projects.

Section 17(h)(1)(D) of the National School Lunch Act and program regulations require that commodities be made available to all institutions expressing a preference for them unless the appropriate Food and Nutrition Service regional office approves the state agency's request for a complete cashout of commodities.

A number of questions have been raised to this office concerning inordinate delays in scheduling appointments at local WIC agencies, and how to set up waiting lists for appointments when the local agency's resource limitations make it necessary to do so.