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 - FFVP Alternate Sites

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 Hood, Division Director, [e-mail], [phone]

Jerry Sego, Financial Operations Director, [e-mail], [phone]

Torreya Lindsey, Government Operations Consultant III, [e-mail], [phone]

 

2.     Region: Southeast

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

All SFAs, in good standing, approved by FDACS to participate in the Fresh Fruit and Vegetable Program for School Year (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]:

Under current requirements, program operators may offer Fresh Fruit and Vegetable Program (FFVP) foods only in elementary schools.  Due to continuing COVID-19, conditions, many program schools are not offering in-person instruction in their school facilities, but instead providing instruction remotely or in a hybrid in-person and remote manner.  As a result, many program operators are not able to conduct the FFVP as specified in program regulations.  Therefore, FDACS requests the program requirements under Section 19 of the National School Lunch Act (NSLA) [42 U.S.C. 1769a] be waived to allow approved SFAs to offer FFVP foods at alternates sites (without the nutrition education component) if the nutrition programs for the approved FFVP school are being offered in a non-congregate setting to accommodate hybrid, remote or other non-traditional learning methods.  FDACS also requests that the regulations be waived to allow approved FFVP schools that are closed due to COVID-19 conditions to also offer FFVP foods at alternate sites, such as curbside or grab-n-go distributions (without the nutrition education component).

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

Section 19 of the National School Lunch Act (NSLA) [42 U.S.C. 1769a]

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

SFAs will only provide FFVP foods to students enrolled in approved FFVP elementary schools using their roster, mobile POS, or other student information system.

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 known regulatory barriers at the State level.

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

If SFAs are using regionalized or hub distribution points for the nutrition programs in concert with FFVP foods distribution, they will have to implement protocols and outreach methods that ensure students, parents and guardians understand why some students may receive FFVP foods and others may not. FDACS will provide FFVP schools with technical assistance and outreach materials to help SFAs overcome this challenge.

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]:

Because the FFVP allocation is fixed, the waiver will not result in an increase to the overall cost of the Program to the Federal Government.

10. Anticipated waiver implementation date and time period:

Upon approval through June 30, 2021

11. Proposed monitoring and review procedures: 

FDACS will continue to review FFVP claims for reimbursement submitted by participating schools to ensure that expenditures are appropriate prior to providing reimbursement, ensure that FFVP schools are reviewed as part of the School Meals Administrative Review (SMAR) process, or other oversight or monitoring activity related to the National School Lunch or School Breakfast Programs, and make every effort to contact schools not scheduled for oversight activity to ensure that the FFVP is being implemented according to the statute and guidance issued by FNS.

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 FFVP operations.

§  The number of sponsors and sites that used the waiver

§  A summary of findings associated with the waiver

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: