Food and Nutrition Programs

MA DESE, Office for Food and Nutrition Programs (FNP) Is Seeking a Waiver for the Following Regulations:

Summer Food Service Program (SFSP) Waiver Only:

  • First Week Site Visits requirement at 7 CFR 225.15(d)(2)
    • Waives the requirement for returning SFSP sponsors to visit each site at least once during the first week of operation under the program.
  • Offer Versus Serve requirement at 42 U.S.C.1761(f)(7) and 7 CFR 225.16(f)(1)(ii)
    • Waives the regulation which limits the use of Offer Versus Serve (OVS) to SFAs and allows for OVS to be used with the SFSP meal pattern.
  • Sponsor Level Monitoring Requirements [7 CFR 225.15(d)]
    • Required site visits/reviews are conducted onsite.

Summer Food Service Program (SFSP) and Seamless Summer Option (SSO):

  • Non-Congregate Meal Service for Outdoor Summer Meal Sites Experiencing Excessive Heat, requirement 7 CFR 225.6(e)(15)
  • Applications for Closed Enrolled Sites requirement at 42 U.S.C. 1761(a)(1)(A)(i)(III) and 7 CFR 225.15(f)
    • Waives the requirement for SFSP closed enrolled sites to establish eligibility through the collection of income eligibility applications. Under this waiver, SFSP and SSO closed enrolled sites could determine site eligibility using methods described in SP08 CACFP04 SFSP03-2017 Area Eligibility in Child Nutrition Programs
  • Meal Service Time Restrictions requirements under 7 CFR 225.16(c)(1) and (c)(2)
    • Waives the regulation which sets a minimum time that must elapse between meal services and limits the length of meal services. This waiver extends to both SFSP and SSO meal service operations.
  • Non-Congregate Meal Service during Summer 2022 [42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), and 7 CFR 225.6(e)(15)] (May 1, 2022 – September 30, 2022)
  • Parent/Guardian Meal Pickup during Summer 2022 [42 U.S.C. 1761(f)(3), 7 CFR 210.10(a), 7 CFR 220.2, 7 CFR 220.8(a), 7 CFR 225.2, and 7 CFR 225.9(d)(7)] (May 1, 2022 – September 30, 2022)
  • Unanticipated School Closures through SFSP or SSO:
    • Non-Congregate Meal Service during Unanticipated School Closures in SY 2022-23 [42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), and 7 CFR 225.6(e)(15)] (October 1, 2022 – April 30, 2023)
    • Parent and Guardian Meal Pick-Up during Unanticipated School Closures (SFSP/SSO) [42 U.S.C. 1761(f)(3) and 7 CFR 210.10(a), 220.2 (Breakfast), 220.8(a), 225.2, and 225.9(d)(7)] (October 1, 2022 – April 30, 2023)
    • Meal Service Times for Unanticipated School Closures in SY 2022-23 [7 CFR 225.16(c)(1) and 225.16(c)(2)] (October 1, 2022 – April 30, 2023)
    • Meals at School Sites for Unanticipated School Closures in SY 2022-23 [42 U.S.C. 1761(c)(1) and 7 CFR 225.6(d)(1)(iv)] (October 1, 2022 – April 30, 2023)

National School Lunch Program (NSLP) and School Breakfast Program (SBP):

  • Non-Congregate Meal Service [42 U.S.C. 1753(b)(1)(A) and 42 U.S.C. 1773(b)(1)(A)] (July 1, 2022 – June 30, 2023)
  • Parent/Guardian Meal Pickup [7 CFR 210.10(a), 220.2 (Breakfast), and 220.8(a)] (July 1, 2022 – June 30, 2023)
  • Meal Service Times [7 CFR 210.10(l) and 220.8(l)] (July 1, 2022 – June 30, 2023)
  • Offer Versus Serve [42 U.S.C. 1758(a)(3) and 7 CFR 210.10(e)] (July 1, 2022 – June 30, 2023)
    • Paid Lunch Equity [42 U.S.C. 1760(p)(2) and 7 CFR 210.14(e)] (July 1, 2022 – June 30, 2023)
    • Use of Prior Year Eligibility Determinations for School Year 2022-2023 Carryover [42 U.S.C. 1758(b)(C) and 7 CFR 245.6(c)(2)] (July 1, 2022 – June 30, 2023)

School Year Administration (NSLP/SBP/SFSP):

  • Local School Wellness Policy Triennial Assessment [42 U.S.C. 1758b(b) and 7 CFR 210.31(e)(2)] (July 1, 2022 – June 30, 2023)
  • Food Service Management Company (FSMC) contract duration [7 CFR 210.16(d), 7 CFR 225.16(h)(7)] (July 1, 2022 – June 30, 2023)
  • Administrative Review Onsite Requirements [7 CFR 210.18] (End of PHE** – June 30, 2023)
    • Onsite Requirement for SFA Onsite Reviews by February 1 [7 CFR 210.8(a)(1) and 220.11(d)(1)] (End of PHE** – June 30, 2023)
    • Onsite Requirement for Afterschool Care Reviews [7 CFR 210.9(c)(7)] (End of PHE** – June 30, 2023)
    • Onsite Requirement for Periodic On-site Visits when Utilizing an FSMC [7 CFR 210.16(a)(3) and 220.7(d)(1)(iii)] (End of PHE** – June 30, 2023)

Fresh Fruit and Vegetable Program (FFVP):

  • Parent/Guardian FFVP Pickup [42 U.S.C. 1769a] (July 1, 2022 – June 30, 2023)
  • Alternate Site [42 U.S.C. 1769a(a)] (July 1, 2022 – June 30, 2023)

Child and Adult Care Food Program (CACFP):

  • Non-Congregate Meal Service [42 U.S.C 1753(b)(1)(A) and 7 CFR 226.19(b)(6)(iii)] (July 1, 2022 – June 30, 2023)
  • Parent/Guardian Meal Pick-Up [7 CFR 226.2] (July 1, 2022 – June 30, 2023)
  • Meal Service Times [7 CFR 226.20(k)] (July 1, 2022 – June 30, 2023)
  • State Agency Onsite Monitoring Visits [7 CFR 226.6(b)(1) and 226.6(m)(6)] (End of PHE** – June 30, 2023)
  • Sponsoring Organization Onsite Monitoring Visits [7 CFR 226.16(d)(4)(iii)] (End of PHE** – June 30, 2023)

** Current nationwide waivers of onsite monitoring for NSLP, SBP, and CACFP remain in effect until 30 days after the end of the Public Health Emergency (PHE). The end of the PHE will be declared by the U.S. Department of Health and Human Services.

Financial Management:

MA DESE is seeking a waiver to FSMC- [7 CFR 210.19(a)(5)] Food Service Management Company (FSMC) review cycle requirements, to modify the Procurement Review Cycle under the NSLP and for reviewing School Food Authorities (SFAs) utilizing a Food Service Management Company (FSMC). MA DESE is currently operating a 4-year Procurement Review cycle for SFAs with FSMCs starting in School Year (SY) 2019-2020 and ending (on June 30, 2023) in SY 2022-2023. MA DESE is requesting a waiver to operate a 9-year Procurement Review cycle for SFAs with FSMCs (to match non-FSMC SFAs) starting in SY 2017-2018 and ending (on June 30, 2026) in SY 2025-2026.

FNP will alert Child Nutrition Program Sponsoring Organizations to the outcome of these waiver requests when available and will provide additional guidance on how outcome to these waiver requests will impact program operations.

Please contact a member of the Special Nutrition Programs Team if there are any questions about these requests.

Last Updated: August 16, 2022

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