Disaster Response School Food Service

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food, Nutrition and Wellness

RULE NO.:RULE TITLE:

5PER17-02Disaster Response School Food Service

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Governor Rick Scott has issued Executive Order 17-235 in response to Hurricane Irma, a category five (5) storm that poses a severe and immediate threat to the state of Florida. Thus, the State anticipates extreme and unusual circumstances such as the closure of schools for an indeterminate amount of time and the disruption of food service to children who depend on meals normally provided those schools. This rule establishes a process for School Districts participating in the National School Lunch (NSLP) and School Breakfast Programs (SBP) to continue providing meals to children affected by disruptions in food service due to the effects of Hurricane Irma and therefore protecting the welfare of Florida residents.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: This emergency rule allows School Districts affected by Hurricane Irma and already participating in NSLP and SBP to continue serving food to children under 7 CFR 210 and 7 CFR 220 but at less stringent standards if necessary, to provide meals to children who would otherwise be without food.

SUMMARY: This emergency rule establishes a process for the Department and School Districts participating in NSLP pursuant to 7 CFR 210 and SBP pursuant to 7 CFR 220 to continue providing meals to children affected by disruptions in food service due to the effects of Hurricane Irma for the period of time beginning September 7, 2017 through October 8, 2017 statewide.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Christie Meresse, Assistant Director of the Division of Food, Nutrition and Wellness, 600 S. Calhoun Street, Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

5PER17-02 - Disaster Response School Food Service

(1) School Districts defined in Section 595.402(5), F.S., and participating in the 2017-2018 National School Lunch Program (NSLP) pursuant to Section 7 CFR 210 or School Breakfast Program (SBP) pursuant to Section 7 CFR 220, may request approval from the Department to serve meals during school closures due to Hurricane Irma.  Each School District shall submit to the Department a written request for food service to [e-mail] that includes the following information:

(a) Name of the School District requesting food service;

(b) Contact person for the School District regarding food service;

(c) The location(s) in which meals are to be served;

(d) The estimated number of children to be served;

(e) Time(s) in which meals will be served to children; and

(f) Type(s) of meals to be served which may include breakfast, lunch, snack, or supper.

(2) The Department shall approve or deny each request upon review.

(3) Meals shall be served at the location and times contained in the written request for food service submitted to the Department. If the School District is unable to serve meals at the location or time provided in the written request, the School District shall submit, using the same method described above, a written request to change the location or time and the reason for the change.

(4) Meal Patterns. School Districts shall contact the Department at [phone] or [e-mail] if changes to the meal pattern requirements as specified in 7 CFR 210 and 7 CFR 220 are necessary.

(5) Meal counts. School Districts shall implement a point of service meal count system that accurately reflects the amount of participants served. School Districts may serve more than one meal of the same meal type to a participant, but only one meal per meal type is reimbursable pursuant to Sections 7 CFR 210 and 7 CFR 220.

(6) School Districts shall submit claims for reimbursement in accordance with Sections 7 CFR 210.7 and 7 CFR 210.8.

(7) School Districts shall maintain records to demonstrate compliance with the requirements of this rule.

(8) School Districts that have lost records as a result of events associated with Hurricane Irma shall contact the Department at [phone] or [e-mail] prior to the deadline to submit a claim as outlined in Section 7 CFR 210.8.

Rulemaking Authority 570.07(23),  595.404,  FS. Law Implemented 595.404, FS. History – New 9-7-17.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: 09/07/2017