The New York State Education Department (NYSED) has received State-level waiver authority from the United States Department of Agriculture for Summer Food Service Program (SFSP) sponsors to provide non-congregate meal service at certain Summer Food Service Program (SFSP) outdoor meal sites on days when the area is experiencing excessive heat.  The flexibility will allow Program operators to safely provide meals to Program participants during times of excessive heat. 

SFSP sponsors must be in good standing to operate approved outdoor meal sites without temperature-controlled alternative sites as non-congregate sites on days when the area is experiencing excessive heat. Non-congregate meal service may be offered only on days when the National Weather Service (NWS) has issued a Heat Advisory, an Excessive Heat Warning, or an Excessive Heat Watch for the area in which an approved outdoor meal site is located. Please note that this waiver is not the same as the new option to provide a rural non-congregate meal service as described in Section 13(a)(13) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761). This waiver is not limited to sites in rural areas and may only be applied to sites approved for congregate meal service. 

Outdoor sites with an available temperature-controlled alternative site may not use this waiver and should serve meals at the temperature controlled alternative site if the area is experiencing excessive heat. Other program requirements, including those pertaining to the number and type of meals that may be served each day and meal service times, continue to apply. 

 SFSP Sponsors that wish to utilize this waiver must complete this request form and submit it to your NYSED SFSP representative for review and approval. 

Contact cnsfsp@nysed.gov with any questions.