This final rule amends the Community Eligibility Provision (CEP) regulations by lowering the minimum identified student percentage (ISP) from 40 percent to 25 percent.
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.
This action implements statutory requirements and policy improvements to strengthen administrative oversight and operational performance of the Child Nutrition Programs.
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.
This rulemaking proposes long-term school nutrition standards based on the Dietary Guidelines for Americans, 2020-2025, and feedback the USDA received from child nutrition program stakeholders during a robust stakeholder engagement campaign.
This rulemaking proposes to expand access to the Community Eligibility Provision by lowering the minimum identified student percentage participation threshold from 40 percent to 25 percent, which would give states and schools greater flexibility to choose to invest non-federal funds to offer no-cost meals to all enrolled students.
FNS is codifying a revised statutory requirement included in the Agriculture Improvement Act of 2018. The 2018 Farm Bill at section 4003 requires FDPIR administrative funds to remain available for obligation at the Indian Tribal Organization (ITO) and state agency level for a period of two federal fiscal years. This provision was self-executing and went into effect upon enactment of the 2018 Farm Bill in federal fiscal year 2019.
This rulemaking proposes changes to simplify meal pattern and monitoring requirements in the National School Lunch and School Breakfast Programs. The proposed changes, including optional flexibilities, are customer-focused and intended to help State and local Program operators overcome operational challenges that limit their ability to manage these Programs efficiently. In the National School Lunch Program, the proposed rule would add flexibility to the existing vegetable subgroups requirement.
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 final rule adds four flexibilities to the hiring standards for new school nutrition program directors in small local educational agencies and new state directors of school nutrition programs under the Professional Standards regulations for the National School Lunch Program and School Breakfast Program.