Department of Agriculture and Consumer Services, Division of Food, Nutrition and Wellness

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness

FDACS CNP Waiver Request - USDA Foods for Non-Congregate Feeding

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, [phone] or 1(800)504-6609, [e-mail].

Herman McBride, Bureau Chief of Supplemental Food Programs, [phone] Direct Line, [e-mail].

2.     Region: Southeast

3.     Eligible service providers participating in waiver and affirmation that they are in good standing:

Non-governmental organizations (NGOs), such as the American Red Cross and Salvation Army, with approved USDA Foods Disaster Applications on-file with FDACS through Emergency Support Function (ESF) 11.

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]:

Program regulations permit the distributing agency to provide donated foods from current inventories, either at the distributing or recipient agency level, to a disaster organization (as defined in §250.2), for use in providing congregate meals to persons in need of food assistance because of a Presidentially declared disaster or emergency (hereinafter referred to collectively as a “disaster”).

While FNS approval is not required for such use the distributing agency must notify FNS that such assistance is to be provided, and the period of time that it is expected to be needed. Program regulations also permit the distributing agency to extend such period of assistance as needs dictate but must notify FNS of such extension.

Based on the exceptional circumstances of the COVID-19 public health emergency, FDACS is requesting a waiver of the congregate feeding requirement for the use of USDA Foods during disasters and situations of distress to support access to nutritious meals while minimizing potential exposure to the novel coronavirus (COVID–19).  FDACS anticipates NGOs using USDA Foods to prepare meals for delivery to residents under mandatory quarantine, homebound seniors, and at drive-thru testing sites around the state to ensure individuals have access to food during the isolation period that follows those testing services.

5.     Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:

7 CFR 250.69(a) Disasters, Use of donated foods to provide congregate meals

7 CFR 250.70(a) Situations of Distress, Use of donated foods to provide congregate meals

6.     Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring:

FDACS does not foresee any anticipated impact on Program operations.

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]:

There are no regulatory barriers at the State level to address.

8.     Anticipated challenges State or eligible service providers may face with the waiver implementation:

FDACS does not anticipate any challenges that it or its eligible service providers may face with the 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]:

This waiver request will not increase the overall cost of the Program to the Federal government.

10.  Anticipated waiver implementation date and time period:

Upon approval through June 30, 2020, or upon expiration of the federally declared public health emergency, whichever is earlier.

11.  Proposed monitoring and review procedures:

If this waiver request is approved, FDACS will fully comply with the recordkeeping and reporting requirements of 7 CFR 250.69(g) and 7 CFR 250.70(f).

12.  Proposed reporting requirements (include type of data and due date(s) to FNS):

FDACS will report to FNS the number and location of sites where donated foods are used in congregate meals or household distribution as these sites are established. FDACS will also report the types and amounts of donated foods from distributing or recipient agency storage facilities used in the situation of distress, utilizing form FNS-292A, Report of Commodity Distribution for Disaster Relief, which will be submitted electronically, within 45 days from the termination of assistance.

13.  Link to or a copy of the public notice informing the public about the proposed waiver [Section 12(l)(1)(A)(ii) of the NSLA]:

14.  Signature and title of requesting official:

 

________________________________________________________
Title: Director of Food, Nutrition and Wellness
Requesting official’s email address for transmission of response: [e-mail]

TO BE COMPLETED BY FNS REGIONAL OFFICE:

FNS Regional Offices are requested to ensure the questions have been adequately addressed by the State agency and formulate an opinion and justification for a response to the waiver request based on their knowledge, experience and work with the State.

Date request was received at Regional Office:

      Check this box to confirm that the State agency has provided public notice in accordance with Section 12(l)(1)(A)(ii) of the NSLA

       Regional Office Analysis and Recommendations: