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DATE: | February 14, 2024 | |
MEMO CODE: | SFSP 06-2024 | |
SUBJECT: | Interim Final Rule: State agency Monitoring in the Summer Food Service Program | |
TO: | Regional Directors Child Nutrition Programs All Regions | State Directors Child Nutrition Programs All States |
The Consolidated Appropriations Act, 2023 (the Act) (PL 117-328) signed Dec. 29, 2022, included significant policy changes for child nutrition programming, including the authorization of a permanent, rural non-congregate meal service through the Summer Food Service Program (SFSP). Per direction from Congress in the Act, on Dec. 29, 2023, FNS published an interim final rule (IFR) titled, Establishing the Summer EBT Program and Rural Non-congregate Option in the Summer Meal Programs. This rulemaking, effective Dec. 29, 2023, codified the permanent rural non-congregate summer meal service for SFSP. The interim final rule amends and updates program regulations at 7 CFR 225 to include congregate and non-congregate SFSP sites and meal service models. The purpose of this memorandum is to clarify the new criteria states must consider when determining which SFSP sites require pre-approval visits. The IFR requires state agencies to develop a process to determine which sites need pre-approval visits and must consider sites that are new to non- congregate. States are not required to visit each site that is new to operating non-congregate meal service.
Long-standing regulations at 7 CFR 225.7(d) require state agencies to conduct pre-approval visits of certain SFSP sponsors and sites including 1) sponsors who did not participate in the program in the prior year; 2) applicant sponsors that had operational problems noted in the prior year; and 3) all sites that the state agency has determined need a pre-approval visit.
The IFR adds the new requirement that state agencies must establish a process for determining which SFSP sites to visit using criteria identified by FNS. Characteristics states must consider when developing their selection process include:
These criteria must be considered by states in developing the process for selecting proposed sites for pre-approval visits. This does not mean that states must conduct a pre-approval visit for all sites meeting the criteria above. States continue to have discretion when selecting SFSP sites for pre-approval visits and should focus staff resources on proposed sites most at- risk for operational challenges.
In developing a plan to determine which SFSP sites need pre-approval visits, along with considering the characteristics prescribed by FNS, state agencies should prioritize their pre- approval visits to make best use of staff resources and discover potential challenges with proposed sites.
When planning pre-approval visits, states should consider the following for sites that did not operate in the previous year:
Consider the following for sites proposing to operate non-congregate meal service options:
The following red flags might trigger a preapproval visit:
State agencies have the discretion to utilize various virtual technologies to confirm the existence of sites and viability of their operations. By verifying addresses and physical locations of potential sites virtually, state agency staff can focus on conducting pre-approval visits of sites that could potentially pose risks to the overall integrity of the program, such as those who have applied to participate but do not have the proper facilities to operate. State agencies may also request to review some documentation virtually such as health grades, and previous reviews of sites conducted by sponsors.
State agencies are reminded to distribute this memorandum to program operators. Program operators should direct any questions concerning this guidance to their respective state agency. State agencies with questions should contact the appropriate FNS regional office.
Jessica Saracino
Director
Program Monitoring and Operational Support Division
Child Nutrition Programs