FNS Documents & Resources

This memorandum and its attachment supersede SP-37-2011, Child Nutrition 2010: Enhancing the School Food Safety Program. Attached are questions and answers regarding the school food safety requirements for schools participating in FNS child nutrition programs.

This final rule implements several nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010, including those related to categorical eligibility for foster children, removal of limits on private nonprofit sponsors, outreach to eligible families, simplification of area eligibility for day care homes, application of school food safety requirements, and permanent agreements for institutions and sponsors.

This rule proposes to amend the National School Lunch Program and School Breakfast Program regulations consistent with amendments made in the Healthy, Hunger-Free Kids Act of 2010 (HHFKA).

Section 9(b)(12)(A)(i) of the Richard B. Russell National School Lunch Act restricts categorical eligibility for free school meals based on SNAP participation to children who are members of a household receiving assistance under SNAP. Therefore, a child who is a member of a household that is receiving “zero benefits” from SNAP is not categorically eligible for free meals, unless the child is categorically eligible for another reason.

This memorandum provides updated questions and answers to the Child Nutrition Reauthorization 2010 implementation memorandum SP 39-2011, Guidance on Paid Lunch Equity and Revenue from Nonprogram Foods.

The purpose of this memorandum is to implement provisions contained in the Healthy, Hunger-Free Kids Act of 2010 which establish direct certification rate benchmarks for states and require continuous improvement plans from states that do not meet the benchmarks.

The interim rule, Direct Certification and Certification of Homeless, Migrant and Runaway Children for Free School Meals, was published on April 25, 2011. One of the provisions in this rule concerns the frequency of direct certification matching activities with the SNAP and is effective July 1, 2011.

This rule amends the regulations affecting the determination of children's eligibility for free meals under the National School Lunch Program and the School Breakfast Program by direct certification and categorical eligibility. Conforming changes and miscellaneous technical changes are also made, as appropriate, for the Special Milk Program for Children, the Child and Adult Care Food Program and the Summer Food Service Program.

The Healthy, Hunger-Free Kids Act of 2010 modifies requirements for fluid milk in the National School Lunch Program and School Breakfast Program. The purpose of this memorandum is to provide guidance on the implementation of these modifications.