DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
FDACS CNP Waiver Request - USDA Foods Storage Facility Reviews
CHILD NUTRITION PROGRAM
STATE WAIVER REQUEST
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@FDACS.gov
Herman McBride, Chief of Supplemental Food Programs, (850)617-7168 Direct Line, Herman.McBride@FDACS.gov
2. Region: Southeast (SERO)
3. Eligible service providers participating in waiver and affirmation that they are in good standing:
Florida Department of Agriculture and Consumer Services (FDACS)
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 require state distributing agencies to ensure that subdistributing agencies, recipient agencies, and other entities comply with applicable requirements in 7 CFR 250, and in other Federal regulations, through the on-site reviews and the review of required reports or audits.
Specifically, program regulations require the state distributing agency to conduct an on-site review of storage facilities at the distributing agency level (including commercial storage facilities under contract with the distributing or subdistributing agency), on an annual basis.
On March 12, 2020, Florida Governor Ron DeSantis suspended all official travel for state employees. While the suspension is initially for 30 days, should COVID-19 conditions persist, the suspension may be extended. In addition, On March 17, 2020, the Department of Education and Commissioner Richard Corcoran are using executive authority to mitigate the spread of COVID-19 in Florida by closing all public and private K-12 and career and technical center campuses through April 15, 2020. To minimize exposure to COVID-19 and to protect visitors and employees, Commissioner of Agriculture, Nicole Fried, has ordered all FDACS offices and facilities temporarily closed to the public from Thursday, March 19 through Sunday, April 19. At that time, FDACS will further evaluate the situation. During this time, only essential personnel will continue serving in the field.
Currently, FDACS has two state-contracted warehouses for the storage of USDA Foods for school programs – Adams Cold Storage in Auburndale, Florida, and Emerald Coast Warehouse in Pensacola, Florida. Both storage facilities are scheduled for their annual reviews on May 11, 2020 and May 26, 2020, respectively. Due to the circumstances mentioned above, FDACS is requesting the ability to conduct these required storage facility reviews beyond annual required timeframe.
5. Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
7 CFR 250.21 Distributing agency reviews
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 September 30, 2021
11. Proposed monitoring and review procedures:
If this waiver request is approved, FDACS will conduct the rescheduled storage facility reviews in accordance with the regulations at 7 CFR 250.21 and 7 CFR 250.22.
12. Proposed reporting requirements (include type of data and due date(s) to FNS):
FDACS will provide FNS with notice of the rescheduled storage facility reviews when state travel restrictions have been removed. FDACS will also provide FNS with copies of the review reports of these storage facilities after the rescheduled reviews have been completed.
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: Lakeisha.Hood@FDACS.gov
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:
