DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
Child Nutrition Program State Waiver Request
Child Nutrition Programs are expected to be administered according to all statutory and regulatory requirements; waivers to the requirements are exceptions. However, Section 12(l) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1760(l), provides authority for USDA to waive requirements for State agencies or eligible service providers under certain circumstances. When requesting the waiver of statutory or regulatory requirements for the Child Nutrition Programs (CNPs), including the Child and Adult Care Food Program (CACFP), the Summer Food Service Program (SFSP), the National School Lunch Program (NSLP), the Fresh Fruit and Vegetable Program (FFVP), the Special Milk Program (SMP), and the School Breakfast Program (SBP), State agencies and eligible service providers should use this template. State agencies and eligible service providers should consult with their FNS Regional Offices when developing waiver requests to ensure a well-reasoned, thorough request is submitted. State agencies and eligible service providers are encouraged to submit complete waiver requests at least 60 calendar days prior to the anticipated implementation date. Requests submitted less than 60 calendar days prior to the anticipated implementation should be accompanied by an explanation of extenuating circumstances.
For more information on requests for waiving Program requirements, refer to SP 15-2018, CACFP 12-2018, SFSP 05-2018, Child Nutrition Program Waiver Request Guidance and Protocol- Revised, May 24, 2018.
1. State agency submitting waiver request and responsible State agency staff contact information:
Florida Department of Agriculture and Consumer Services (FDACS)
Lakeisha T. Hood, Director, (850)617-7438 or 1(800)504-6609, Lakeisha.Hood@FreshFromFlorida.com
Lisa Church, Bureau Chief of Implementation and Accountability, (850)617-7413, Lisa.Church@FreshFromFlorida.com
2. Region: Southeast
3. Eligible service providers participating in waiver and affirmation that they are in good standing:
FDACS will ensure that sponsors participating in the waiver are in good standing by not being deemed seriously deficient for their returning sites that operated in prior summer.
4. Description of the challenge the State agency is seeking to solve, the goal of the waiver to improve services under the Program, and the expected outcomes if the waiver is granted. [Section 12(l)(2)(A)(iii) and 12(l)(2)(A)(iv) of the NSLA]:
FDACS has many experienced sponsors that has previously operated in accordance with Policy Memorandum SFSP 12-2011, Waiver of Site Monitoring Requirements in the Summer Food Service Program (April 5, 2011) to ensure efficient program resources and operations.
The recession of this waiver will impose a significant administrative burden on sponsors and likely result in a reduction of administrative and operational resources needed elsewhere in the their SFSP. The absence of this flexibility would require sponsors to adjust budgets and planning processes as well as hire and train a sufficient number of staff to conduct first week site visits. Additionally, FDACS has twelve (12) SFSP sponsors that operated more than 100 sites in 2018. If a sponsor with 100 sites is required to visit each site at least once during the first week of operation, FDACS estimates that these sponsors would need to hire at least ten (10) additional employees to conduct these visits and budget appropriately for the payroll increases and associated travel expenses.
FDACS sponsors operating less than 100 sites would be proportionately impacted in terms of increased staffing needs without the first week site visit waiver. Without this waiver, overall program costs will increase, there will be an increased monitoring burden for experienced sites, reduced capacity to focus on new sites or sites with previous serious deficiencies. In addition, a corollary reduction in resources in other critical program areas, such as food quality, would occur as increased financial and administrative resources are dedicated to complying with the first week visit requirement.
FDACS is requesting that the first week site visit requirement be waived for sites that operated successfully in the previous year (or other most recent period of operation) and had no serious deficiency findings, or that participated successfully in SFSP, for SFSP sponsors in good standing. Sponsors will continue to monitor all sites within the first four weeks of operation and will maintain a reasonable level of site monitoring, including any necessary follow-up reviews.
FDACS considers a returning sponsor/site to have operated successfully during the previous summer if it is not in serious deficiency. If the waiver request is granted, FDACS will continue to require sponsors to conduct a review of food service operations at each of its sites at least once during the first four weeks of operation as required in 7 CFR 225.15(d)(3). This includes sites that may operate for only one week or less.
5. Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
FDACS is requesting the following SFSP regulatory requirement to be waived:
· Sponsors shall visit each of their sites at least once during the first week of operation under the Program and shall promptly take such actions as are necessary to correct any deficiencies. [7 CFR 225.15(d)(2)]
6. Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring:
This statewide waiver will significantly decrease administrative burden and allow for efficient and effective oversight of program operations. FDACS will continue to ensure program integrity through a thorough application approval process, technical assistance visits, administrative reviews, and training. In addition, no change will need to be made to current technology systems as a result of this waiver. Approval of this waiver will have no cost associated for FDACS.
If this waiver request is not approved, the following impact on program operations will likely occur:
· Increased sponsor administrative labor cost to conduct first week site visits for all sites, especially for large sponsor organizations.
· Increased sponsor administrative labor costs will result in less available funds for the purchase of high quality food.
· Loss of sites due to increased administrative burden to conduct site visits at each site during the first week of operation.
These combined impacts will result in a significant decrease in program sponsors and sites due to increased administrative burden. This will result in decreased access to the program and a decrease in meals served to children in Florida.
With the approval of a wavier, FDACS will continue to provide written guidance, training, and technical assistance. FDACS will continue to require its sponsors to provide training to its site personnel and other requirements related to training as set forth in 7 CFR 225.15(d)(1). Furthermore, FDACS will continue to require sponsors to conduct a review of food service operations at each of its sites at least once during the first four weeks of operation as required in 7 CFR 225.15(d)(3) including at sites that may operate for only one week or less.
7. Description of any steps the State has taken to address regulatory barriers at the State level. [Section 12(l)(2)(A)(ii) of the NSLA]:
The flexibilities and policies rescinded by the USDA-FNS on October 11, 2018 through SFSP 01-2019 Summer Food Service Program Memoranda Rescission will increase administrative burden and create barriers to program access and effective program operation. To address these barriers, FDACS is submitting this wavier request. FDACS will continue to implement streamlined measures and process improvement for the program.
8. Anticipated challenges State or eligible service providers may face with the waiver implementation:
FDACS does not anticipate any challenges with waiver implementation.
9. Description of how the waiver will not increase the overall cost of the Program to the Federal Government. If there are anticipated increases, confirm that the costs will be paid from non-Federal funds. [Section 12(l)(1)(A)(iii) of the NSLA]:
The waiver will not increase the overall cost of the Program to the Federal Government because it is an administrative flexibility, not operational.
10. Anticipated waiver implementation date and time period:
May 1, 2019 through the end of the Federal fiscal year and remain in effect for a period of five years until September 30, 2024.
11. Proposed monitoring and review procedures:
Sponsors and sites will continue to be monitored by FDACS as outlined in 7 CFR 225.7 (2)(ii)(B). Standard monitoring and review procedures will continue to be followed. If noncompliance is identified, FDACS will implement a corrective action plan and conduct follow-up reviews, as needed.
12. Proposed reporting requirements (include type of data and due date(s) to FNS):
FDACS will provide FNS with required reports, including review findings and technical assistance. This information will be available annually.
