DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
Child Nutrition Program State Waiver Request
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 (800) 504-6609
Lakeisha.Hood@FDACS.gov
Lisa Church, Bureau Chief of Child Nutrition Programs
(850) 617-7413 Direct Line
Lisa.Church@FDACS.gov
2. Region: Southeast
3. Eligible service providers participating in waiver and affirmation that they are in good standing:
FDACS requests this waiver for all School Food Authorities (SFAs) approved to operate the Child Nutrition Programs for SY 2020-2021.
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]:
The National School Lunch Program (NSLP) regulations at 7 CFR 210.10(a)(l)(i) require schools to make potable water available and accessible without restriction to children at no charge in the place(s) where lunches are served during the meal service. Similarly, the School Breakfast Program (SBP) regulations at 7 CFR 220.8(a)(l) requires schools must make potable water available and accessible without restriction to children at no charge in the place(s) where breakfasts are served during the meal service.
A New England Journal of Medicine study found that the COVID-19 virus can remain viable and infectious on surfaces for days. Most SFAs utilize high-touch equipment, such as water fountains, insulated Cambro dispensers, or pitchers filled with water, to fulfill the potable water program requirement. And due to COVID-19 conditions, many Local Educational Agencies (LEAs) are turning water fountains off in schools following the Centers for Disease Control and Prevention’s (CDC’s) considerations for schools to minimize the use and touching of drinking fountains.
While the purchase of bottled water is an allowable expense of the nonprofit school food service account, it is not a reimbursable component of school meals and would be a cost prohibitive alternative for SFAs. Additionally, as many SFAs will be returning to school through distance learning which will necessitate meal service in non-congregate settings where the availability of potable water would not be feasible. It follows that COVID-19 conditions make it implausible for SFAs to offer a safe and sanitary method to make potable water available and accessible to children that is practicable and minimizes touching.
Based on these circumstances, FDACS requests the authority to waive the program requirements for potable water at 7 CFR 210.10(a)(l)(i) and 7 CFR 220.8(a)(l) for SFAs on a case-by-case basis, as requested.
5. Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
7 CFR 210.l0(a)(l)(i), Requirements for lunch.
7 CFR 220.8(a)(l), General nutrition requirements.
6. Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring:
SFAs will be required to submit a waiver request to FDACS to waive the potable water requirement. SFAs will be encouraged to inform parents and guardians to send their children to school with a filled water bottle. There should be no other impacts 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:
No anticipated challenges for the SA or the sponsors.
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 establishment of this statewide waiver will not increase the overall cost of the program to the federal government. These programs will be operating in a situation where normal USDA Child Nutrition programs have modified their meal service to meet the CDC recommendation s to prevent the spread of COVID-19. The SFAs are absorbing any costs to continue to provide meals under these extraordinary circumstances. However, should this waiver not be approved, SFAs will incur additional nonprofit school food service costs to provide bottled water.
10. Anticipated waiver implementation date and time period:
The anticipated waiver implementation start date is effective immediately until June 30, 2021.
11. Proposed monitoring and review procedures:
FDACS will track and provide oversight to all NSLP/SBP/ASP sponsors who are approved to disregard the water requirement due to the CDC recommendations to limit the spread of the coronavirus.
12. Proposed reporting requirements (include type of data and due date(s) to FNS):
FDACS will report the following data points once after the school year or once the health emergency has passed whichever occurs first.
A description of the impact the waiver had on meal service operations.
The number of sponsors and sites that used the waiver
The number of meals provided at the schools
A summary of findings associated with the waiver
