USDA has rescinded the Biden Administration’s May 2022 Bostock policy update that sought to require federally-funded food and nutrition service programs to redefine discrimination by reason of “sex” under Title IX of the Education Amendments of 1972 (Title IX) and the Food and Nutrition Act of 2008 as not based on just male or female, but also “gender identity.” Today’s guidance eliminates the illegal threats issued under the Biden Administration that mandated compliance with ever-evolving concepts of gender ideology as a condition for participation in USDA school programs.
As a reminder, meals and snacks offered through the child nutrition programs may be claimed for federal reimbursement if they meet the federal nutrition requirements and other federal regulations. State agencies may not withhold federal reimbursement for meals that meet the federal requirements, even if additional state requirements are not met. However, if a state provides an additional reimbursement above the federal reimbursement, they may withhold the state reimbursement.
This memorandum provides notice to child nutrition program operators regarding the Full-Year Continuing Appropriations and Extensions Act, 2025 (the 2025 Appropriations Act), March 15, 2025. This applies to state agencies administering, and local organizations operating, the USDA FNS child nutrition programs.
The purpose of this memorandum is to remind schools, sponsors, and institutions participating in any USDA Child Nutrition Program, including the National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program for Children , Child and Adult Care Food Program, Summer Food Service Program, and the Seamless Summer Option , of the many ways they can purchase local foods to serve in program meals.
This memorandum provides additional clarification on questions received from state agencies and program stakeholders. It also includes guidance on integrity measures for non-congregate meal service operations.
On April 25, 2024, FNS published the final rule, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans that included minor updates to CACFP and SFSP to better align child nutrition program requirements. These updates represent continued progress toward supporting the nutritional quality of school meals, strengthening the CNPs, and advancing USDA’s commitment to nutrition security.
The purpose of this memorandum is to provide state agencies and program operators of the child nutrition programs, including the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and the Summer Food Service Program, with additional information and clarification on the state agency monitoring process regarding the: 1) Child nutrition label, 2) watermarked CN label, and 3) manufacturer’s Product Formulation Statement.
On April 25, 2024, FNS published the final rule, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans. While most provisions in the 2024 final rule focus on the National School Lunch Program and School Breakfast Program, this rule also includes limited updates to the Child and Adult Care Food Program and the Summer Food Service Program to better align child nutrition programs requirements. These updates represent continued progress toward supporting the nutritional quality of meals offered through the CNPs and meeting cultural food preferences of program participants.
This guidance is intended to assist state agencies and program operators of the Child and Adult Care Food Program and Summer Food Service Program in meeting the longstanding federal requirement to collect race and ethnicity data of program participants.
This memorandum and attachments provide information on the revised Form FNS-418: Report of the Summer Food Service Program for Children that is used to report data on meals served in the SFSP, and the revised Form FNS-10: Report of School Program Operations that is used to report data on meals served in the National School Lunch Program and School Breakfast Program.