FNS Documents & Resources

This rulemaking finalizes long-term school nutrition requirements based on the goals of the Dietary Guidelines for Americans, 2020-2025, robust stakeholder input, and lessons learned from prior rulemakings.

FNS is proposing to amend its regulations to make access and parity improvements within several food distribution programs, including the Commodity Supplemental Food Program, the Food Distribution Program on Indian Reservations, The Emergency Food Assistance Program, and USDA Foods disaster response. The proposed provisions use plain language to make them easier to read and understand.

USDA is extending the public comment period on the proposed rule, “Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans,” to May 10, 2023.

Through this rulemaking, the USDA Food and Nutrition Service  is codifying new and revised statutory requirements included in the Agriculture Improvement Act of 2018 . First, the Department is revising the minimum Federal share of the Food Distribution Program on Indian Reservations (FDPIR) administrative costs and State agency/Indian Tribal Organization (ITO) mandatory administrative match requirement amounts. Second, the Department is revising its administrative match waiver requirements by allowing State agencies and ITOs to qualify for a waiver if the required match share would be a substantial burden. Third, the Department is limiting the reduction of any FDPIR benefits or services to State agencies and ITOs that are granted a full or partial administrative match waiver. Last, the Department is allowing for other Federal funds, if such use is otherwise consistent with both the purpose of the other Federal funds and with the purpose of FDPIR administrative funds, to be used to meet the State agency/ITO administrative match requirement.

This memorandum provides information on the new provision in Section 4(b)(7) of the Food and Nutrition Act that requires FDPIR administrative funds to remain available for obligation at the Indian Tribal Organization and state agency level for a period of two federal fiscal years.

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.