FNS Documents & Resources

This rulemaking proposes important modifications to make the application of serious deficiency procedures in the Child and Adult Care Food Program and Summer Food Service Program consistent, effective, and in line with current requirements under the Richard B. Russell National School Lunch Act. 

The provisions of the final rule entitled Permanent Agreements for Day Care Home Providers published on June 15, 2005 at 70 FR 34630 could not become effective until approval of the associated information collection requirements by the Office of Management and Budget. Those requirements were cleared by OMB on Aug. 18, 2005 under OMB Control Number 0584-0055.

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 codify several provisions of the Healthy, Hunger-Free Kids Act of 2010 affecting the management of the Child and Adult Care Food Program (CACFP).

This final rule incorporates into the Child and Adult Care Food Program regulations modifications, clarifications, and technical changes to the two interim rules published by the Department on June 27, 2002 and Sept. 1, 2004.

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.

Effective Oct.1, 2008, institutions receiving funds through the child nutrition programs may apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products.

This final rule amends the Child and Adult Care Food Program (CACFP) regulations to implement provisions from the Agricultural Risk Protection Act of 2000, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2002, the Consolidated Appropriations Act of 2008 the Omnibus Appropriations Act of 2009 and the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2010, that authorize reimbursement to eligible states for a meal (normally a supper) served by at-risk afterschool care programs in eligible states.

The intent of this proposed rule is to conform CACFP regulations to statutory amendments that provide an additional meal for at-risk children through age 18 who are participating in afterschool programs in the eligible states.

This rule establishes the eligibility of at-risk afterschool care centers to serve free snacks to children who participate in afterschool programs.