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Summer Food Service Program

Public Notice: SFSP Unhealthy Air Quality Waiver Request

The New York State Education Department (NYSED) has requested a waiver from the requirements in 42 USC 1761(a)(1)(D), and 7 CFR 225.6(i)(15) to allow SFSP sponsors in good standing, that normally operate outdoor meal services at sites without an alternative indoor location, to provide a non-congregate meal service on days when the area experiences an air quality value of 151 or above as defined by the United States Environmental Protection Agency's Air Quality Index (AQI).

This waiver has not been approved at this time. Further guidance will be made available upon approval.

Ending of KKFA Flexibilities

On June 25th, 2022, President Biden signed the Keep Kids Fed Act, which extended USDA authority to waive certain requirements for Child Nutrition Programs to address COVID-19. This gave USDA extra resources to continue serving participants of the Child Nutrition Programs through the SY 2022-2023. These flexibilities (along with some waivers that were offered using USDA’s 12(l) National School Lunch Act waiver authority) are set to expire on June 30th, 2023. These flexibilities allowed for children and adult participants to continue to be fed in a safe manner during the pandemic.

Waiver Now Available for Excessive Heat

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.

Public Notice: SFSP Excessive Heat Waiver Request

The New York State Education Department (NYSED) has requested a waiver from the requirements in 42 USC 1761(a)(1)(D), and 7 CFR 225.6(i)(15) to allow SFSP sponsors in good standing, that normally operate outdoor meal services at sites without a temperature-controlled alternative, to provide a non-congregate meal service on days when the area experiences excessive heat as defined by the National Weather Service as a Heat Advisory or Excessive Heat Warning.

This waiver has not been approved at this time. Further guidance will be made available upon approval.

Waiver Now Available for Non-School Food Authority Summer Food Service Program Sponsors to Implement Offer versus Serve

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.

No Kid Hungry New York Summer Meals Grant Opportunity

No Kid Hungry New York Summer Meals Grant Opportunity: This summer, No Kid Hungry New York is supporting school districts and community-based organizations operating the Summer Food Service Program (SFSP) or Seamless Summer Option (SSO) and implementing non-congregate meal programs in rural areas. Grant awards will average between $10,000 - $20,000, and exact amounts will vary depending on program need.

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USDA Nondiscrimination Statement

In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

  1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410;
  2. Fax: (202) 690-7442; or
  3. Emailprogram.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

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