Summer Food Service Program

The Consolidated Appropriations Act, 2023 (P.L. 117-328) amended section 13 of the Richard B. Russell National School Lunch Act, 42 USC 1761, to include the authorization of a permanent, rural non-congregate meal service through the Summer Food Service Program (SFSP). On December 29, 2023, the interim final rule, Establishing the Summer EBT Program and Rural Non-congregate Option in the Summer Meal Programs(link is external), codified the permanent rural non-congregate summer meal service for the SFSP.

FNS has issued a memorandum, which is the second set of questions and answers on the rural non-congregate summer meals option established through the Consolidated Appropriations Act, 2023 (the Act) (P.L. 117-328), and codified through the interim final rulemaking (IFR), Implementing Provisions from the Consolidated Appropriations Act, 2023: Establishing the Summer EBT Program and Rural Non-congregate Option in the Summer Meal Programs (88 FR 90230).

The Healthy, Hunger-Free Kids Act of 2010 established requirements for SFAs conducting outreach for the Summer Food Service Program (SFSP).  SFAs may distribute information through means normally used to communicate with households of enrolled children. Acceptable outreach activities may include developing and distributing printed and electronic materials that provide information on the availability and location of summer meals to families of school children prior to the end of the school year.  Here are some outreach strategies for you:

USDA regulations and policy allow Summer Food Service Program (SFSP) sponsors that are “in good standing”, as determined by the State agency, certain allowances in the operation of the SFSP. According to federal regulations at 7 CFR 225.2, “good standing” means the status of a program operator that meets its Program responsibilities, is current with its financial obligations, and, if applicable, has fully implemented all corrective actions within the required period of time. 

NYSED seeks to waive the following requirement for new and experienced public entities in good standing: 7 CFR 225.6(e)(1)(i), 7 CFR 225.6(e)(1)(ii), 7 CFR 225.6 (e)(2), 7 CFR 225.6 (e)(3): The State Agency must require the submission of a management plan to determine compliance with performance standards established for new sponsors and experienced public entity sponsors in good standing.

This waiver was not approved by USDA. New and experienced public entities in good standing are required to submit management plans as part of the 2024 SFSP application process.  

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. 

The New York State Education Department (NYSED) has received State-level waiver authority from the United States Department of Agriculture for non-school food authority Summer Food Service Program (SFSP) sponsors to utilize Offer versus Serve (OVS) during the 2023 SFSP. OVS allows children to decline some of the foods offered in a reimbursable breakfast, lunch, or supper. 

The New York State Education Department (NYSED) has received State-level waiver authority from the United States Department of Agriculture (USDA) for Summer Food Service Program Sponsors, in good standing, to operate approved outdoor meal sites without alternative indoor sites as non-congregate sites on days when the area is experiencing certain air quality advisories.

The Turnip the Beet Award recognizes outstanding summer meal program sponsors across the nation who work hard to offer high quality meals to children that are appetizing, appealing, and nutritious during the summer months. Being selected as a winner brings a sense of pride and validation to your program and your community.

Congratulations to New York’s Fillmore Powerhouse Youth Center Inc. for their 2023 Gold award!