FNS Documents & Resources

This rulemaking proposes to codify three menu planning flexibilities established by the interim final rule titled, Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements published Nov. 30, 2017, and made permanent with some modifications by a final rule of the same title published Dec. 12, 2018, hereafter referred to as the 2018 Final Rule. An April 2020 court decision vacated and remanded the 2018 Final Rule.

This final rule removes from the Code of Federal Regulations the final rule published on Dec. 12, 2018, titled, “Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements.” This action responds to a decision of the U.S. District Court for the District of Maryland that vacated the rule.

This rulemaking proposes to amend the Summer Food Service Program (SFSP) regulations to strengthen program integrity by codifying in regulations changes that have been tested through policy guidance and by streamlining requirements among Child Nutrition Programs. The original comment period for this proposed rule, published on Jan. 23, 2020, ends on March 23, 2020. FNS is extending the comment period through April 22, 2020.

This rulemaking proposes to amend the Summer Food Service Program (SFSP) regulations to strengthen program integrity by codifying in regulations changes that have been tested through policy guidance and by streamlining requirements among Child Nutrition Programs. These changes update important definitions, simplify the application process, enhance monitoring requirements, and provide more discretion at the State agency level to manage program operations. The intended effect of this rulemaking is to clarify, simplify, and streamline program administration in order to facilitate compliance with program requirements.

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.

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.

This final rule will codify, with some extensions, three menu planning flexibilities temporarily established by the interim final rule of the same title published Nov. 30, 2017.

Final Rule: Simplified Cost Accounting and Other Actions To Reduce Paperwork in the SFSP

This proposed rule would add four flexibilities to the hiring standards for new school nutrition program directors in small local educational agencies and new school nutrition program state directors under the professional standards regulations for the National School Lunch and School Breakfast Programs.

This interim final rule extends through school year 2018-2019 three menu planning flexibilities currently available to many Child Nutrition Program operators, giving them near-term certainty about program requirements and more local control to serve nutritious and appealing meals to millions of children nationwide.