On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 which included significant policy changes for Child Nutrition programming, including the authorization of a permanent, non-congregate meal service through the Summer Food Service Program (SFSP) for designated rural areas where households do not have access to congregate meal service. On December 29, 2023, the Interim Final Rule codified regulations, allowing rural, non-congregate meal service in SFSP.
This memorandum provides guidance for Program operators on how to implement the SFSP inclusive of rural non-congregate meal service during summer 2024. All standard program requirements are still applicable unless otherwise specified.
Some of the following questions and answers have been updated with new information made available after the original publication; note the highlights below. MA DESE will continue to update this resource, as needed.
*Revised* How has it been determined which sites are in a rural area?
The United States Department of Agriculture (USDA) Food and Nutrition Service (FNS) expanded the definition of rural under 7 CFR 225.2 to include several Federal definitions and classifications to more effectively identify rural populations within metropolitan and geographic areas below the county levels follows: (a) any area of a county which is not a part of a Metropolitan Statistical Area (MSA) ; (b) any "pocket" within a MSA which, at the option of the State agency and with FNS concurrence, is determined to be geographically isolated from urban areas; (c) any area in a county classified as a non-metropolitan area per USDA; (d) any census tract classified as a non-metro area per USDA; (e) any area of a MSA which is not part of Census Bureau-defined urban area.
USDA has released an updated FNS Rural Designation Map, and sponsors are encouraged to use this data source to establish an area's rural status. The updated map includes many more areas and communities than previously available.
Additionally, MA DESE FNP has been approved by FNS to utilize the Massachusetts Department of Public Health's (DPH) State Office of Rural Health (SORH)'s designated under-served, rural communities for potential non-congregate meal service in the SFSP.
MA SORH data was approved by FNS as it pulls from similar data sources as USDA to establish rural sites, including census bureau, OMB, and/or rural/urban commuting areas (RUCAs), as well as other specific qualifiers. Please see the SORH website for more information on how SORH defines rural sites, and for a full list of all rural towns in Massachusetts.
Sponsors are encouraged to check both the SORH list and mapper to determine if they are operating in a rural community.
*New* What if my site is in a traditionally non-rural community (i.e., cities, urban areas) but there are small slivers of rural designation on the USDA mapper, may I operate a non-congregate meal service in those small spaces?
No. USDA released guidance to state agencies upon the release of the updated FNS mapper that due to the datasets that were used to create the map, some areas on the rural designation map may be indicated as rural, when in practice they are not. This happens most often in public parks, or in urban areas where the public does not reside like coastal/beach areas. FNS provided guidance that state agencies should not approve sites in such locations for non-congregate meal service.
*New* Can rural pocket determinations from 2023 be applied to rural designations for Summer 2024?
Any site determined as rural in 2023 may continue with that rural designation for a period of 5 years (i.e., through summer 2027) unless an area's rural status has changed significantly since the 2023 designation. For new and experienced sites, a rural designation is effective for 5 years, which means summer 2024 would be year 2 of the five-year effective period for sites designated as rural in 2023.
What are the requirements related to site caps for non-congregate meal service in designated rural areas?
The site cap requirement remains for both congregate and non-congregate meal service. A site cap is established for all sites during the application and approval process. When evaluating a proposed food service site, FNP must ensure that the sites have adequate facilities and capacity to prepare and/or distribute meals for the number of children they are approved to serve. For non-congregate meal sites, site caps must be set to ensure that only one meal per child per meal service is prepared and distributed. Site caps may be adjusted and approved by FNP as necessary.
*New* What are the site type options for sponsors that want to operate a non-congregate site in a location that is not area-eligible?
Sites that are not area eligible can offer non-congregate meal service as follows:
How are conditional non-congregate sites different from closed enrolled sites and open sites?
Conditional non-congregate sites are classified as a unique type of site approval. Conditional non-congregate sites qualify for SFSP participation because they conduct non-congregate meal service for eligible children in an area that does not meet the definition of 'areas in which poor economic conditions exist' and is not a 'Camp'. These sites are not required to establish income eligibility at the 50% level. Instead, they are reimbursed solely for meals served to children who met the income eligibility criteria for free and reduced-price school meals. Sponsors of conditional non-congregate sites may use household applications or us lists of income eligible children provided through the school system.
*New* In what situations could a conditional non-congregate site be approved?
A conditional non-congregate meal site is best utilized for targeting children that reside in non-area eligible locations but qualify for free or reduced-price school meals. Program sponsors may seek to enroll eligible children at the conditional non-congregate site. Since these sites require individual eligibility to be documented prior to claim submissions, sponsors should enroll children prior to the start of the conditional non-congregate meal service operations.
*New* Are conditional non-congregate sites permitted to charge for meals provided to children who do not meet income eligibility requirements?
Sponsors of conditional non-congregate sites have the option to charge non-eligible children a separate fee for meals but must establish a payment collection process which avoids overt identification of children who receive free meals. Enrolled children can pre-pay for meals or sponsors can use non-federal funds to cover meals for non-eligible children.
When can a sponsor provide non-congregate meals?
Sponsors can provide summer meals at sites in designated areas where households do not have access to congregate meal service. For area eligible sites in a designated rural area, meals for all children may be claimed for reimbursement. If the designated rural site is not deemed area eligible, only the meals served to children who are eligible for free or reduced-price meals under the National School Lunch Program (NSLP) or the School Breakfast Program (SBP) may be claimed. Sponsors can use student data to qualify a closed enrolled site where they plan to provide non-congregate meals.
*Revised* Can non-congregate meals be provided in non-rural areas if Program access is limited because of lack of transportation, safety concerns, lack of a location to serve meals, or other similar reasons?
No. Non-congregate meal service is only allowed in designated rural areas indicated by the MA SORH rural map or FNS Rural Designation Map, where congregate meal service is not available to households. Our office aims to work with sponsors to determine how best to leverage community resources to provide a congregate meal service that meets the needs of children in non-rural areas.
May a non-congregate site operate in close proximity to a congregate site that is closed enrolled, or a camp?
Non-congregate meal service can potentially be provided by sites that are in close proximity to congregate service sites, such as camps or closed enrolled sites. However, FNP will work with sponsors to ensure that the congregate and non-congregate sites will not serve the same population of children for the same meal service on the same day.
Can existing designated rural sites switch from congregate to non-congregate meal service?
Yes. However, the non-congregate option is not intended to replace congregate meal service. USDA understands the benefits of congregate meal service and often the accompanying activities and encourages sponsors to continue to provide these opportunities when feasible.
Can sponsors eligible and approved for non-congregate mal service provide multiple days' worth of meals?
Sponsors eligible to offer a non-congregate meal service are allowed to provide up to 7 days' worth of meals during a singular meal distribution. FNP has the authority to determine whether a sponsor's proposed multiple meal distribution meets the safety, service, and integrity standards of the Program.
How many meals per child per day may be provided through non-congregate meal service?
The maximum number of meals that may be offered at a non-congregate site and a congregate site is the same. Up to two meals, or one meal and one snack, per child, per day may be offered, in any combination except lunch and supper.
Do the meal service time requirements in SFSP apply to non-congregate meal service?
Meal service times still need to be established for each site, included in the sponsor's application, and approved by FNP. These requirements may be met through FNP-approved pick-up schedules or delivery plans with designated times for distribution. FNP must approve any changes in meal service times.
Sponsors offering a non-congregate meal service should align posted meal service times according to when they are available for children or families to pick up meals (for grab and go sites). Sponsors offering multiple meals or multiple days' worth of meals in a single pick up are not required to serve breakfast in the morning or allow one hour between the end of one meal service and the start of the next.
Can meals be distributed to parents/guardians at non-congregate pick-up locations?
Yes. Sponsors that have been approved to operate non-congregate meal service in designated rural areas may distribute meals to parents or guardians to take home to their children. Sponsors opting to distribute meals to parents or guardians must maintain accountability and program integrity. This includes processes to ensure that meals are only distributed to parents or guardians of eligible children, and that duplicate meals are not distributed to any child.
Are camps or closed enrolled sites eligible to offer non-congregate meal services?
There are no restrictions on providing non-congregate meal service based on sponsor type. Camps are required to provide regularly scheduled food service as part of the program, which is generally congregate.
*Revised* Can a site provide a combination of non-congregate and congregate meal services?
Yes. Non-congregate meal service may be provided when congregate meal service is not available. This is considered hybrid meal service.
A site may not offer both congregate and non-congregate service at the same meal.
What models of meal service are allowed?
Home delivery and grab and go options may be used for summer 2024. FNP must ensure that sponsors are able to maintain accountability and program integrity.
Home delivery non-congregate meal service model is designed to deliver meals directly to homes. Grab and go non-congregate meal service model is designed to provide packaged meals that are taken home for children to eat later and is available to all children when the pick-up site is in an area-eligible area, or to children who are eligible for free or reduced price school meals when the pick-up site is in an area that is not area-eligible. Meals must be packaged and portioned to allow children to carry the food from the SFSP site to their home.
Food safety is important for all meal service models. Sponsors should ensure food selections and packaging promote food safety; sponsors should also include instructions on at-home storage and preparation. As with congregate SFSP meal service, sponsors must ensure non-congregate meal packages meet State and local health and safety requirements.
What are the requirements for initiating home delivery model for households?
Sponsors eligible to home deliver meals must be able to identify and invite households of eligible children to participate in the meal delivery service and obtain written consent from the eligible child's parent or guardian that the household wants to receive delivered meals.
Written consent could include hard copy, email, or other electronic means of communication. In addition, sponsors must confirm the household's current contact information and the number of eligible children in the household to ensure the correct number of meals are delivered to the correct location. Sponsors must protect the confidentiality of participants and their households throughout the process in accordance with confidentiality and disclosure provisions in the National School Lunch Act and SFSP regulations (7 CFR 225.15(f)–(l)).
Prior to operation, Sponsors seeking to do home delivery must complete a Home Delivered Meals Plan, available in the Document and Reference Library, and have it approved by their DESE consultant.
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