CACFP Fluid Milk Exemption Requests
This web page provides guidance for Child and Adult Care Food Program (CACFP) operators who cannot serve the fluid milk component due to a temporary or continuing emergency.
What is a fluid milk exemption?
A temporary or continuing fluid milk exemption granted by the California Department of Social Services (CDSS) CACFP Branch allows operators to provide CACFP meals without the fluid milk component, with less than the minimum serving size of the fluid milk component, or with an alternate form of fluid milk during a temporary or continuing emergency and still claim the meals for reimbursement.
Title 7, Code of Federal Regulations, Section 226.20(e) provides State agencies with the authority to authorize CACFP meals to be served without the fluid milk component or with an alternate form of fluid milk, during a temporary or continuing emergency. The United States Department of Agriculture (USDA) Policy Memo CACFP 01-2024 Clarification of Allowable Flexibilities for Child Nutrition Programs Experiencing Milk Supply Shortages provides additional guidance on this flexibility.
What constitutes an emergency?
The following may qualify as an emergency that results in meals served without fluid milk or with an alternate form of fluid milk:
- Supply chain challenges (e.g., packaging issues)
- Delivery delays and substitutions
- Vendor closures
- Vendor shortages
- Temporary storage limitations (e.g., a broken refrigerator unit)
- Fires
- Natural disasters
Which milks are creditable in the CACFP?
Creditable fluid milk types that may be served without CDSS approval, as listed in the Crediting Handbook for the CACFP, include:
- Whole milk
- Reduced fat (2%) milk
- Low-fat (1%) milk
- Fat-free (skim) milk
- Lactose-reduced milk
- Lactose-free milk
- Acidified milk
- Cultured milk
- Cultured buttermilk
- Goat’s milk that meets State and local standards for fluid milk
Does the fluid milk exemption apply to fluid milk substitutes?
CACFP operators who cannot provide fluid milk substitutes during an emergency to participants with a dietary preference, may request a fluid milk exemption to not provide fluid milk substitutes to these participants during the emergency period; however, if the participant has a disability that restricts their diet, the operator must continue to accommodate the participant’s dietary needs. Reference the ‘Are operators approved for a fluid milk exemption required to accommodate meal modifications for participants with a disability?' section below.
When must operators request a fluid milk exemption?
Operators may request a fluid milk exemption on the first day of the emergency, on any day while the emergency is occurring, or after the emergency ends. Operators may be able to revise claims to include meals served without the fluid milk component due to an emergency after receiving an approved fluid milk exemption from the CDSS. For information on adjusting claims, access the CDSS Claim Submission Deadlines web page.
How do operators request a fluid milk exemption?
CACFP Operators who serve meals without the fluid milk component, or with an alternate form of fluid milk, due to a temporary or continuing emergency must provide the information below by email to the CDSS CACFP Nutrition Team at CACFPMealPatterns@dss.ca.gov. Approved requests are effective retroactive to the first day of the emergency when the operator served meals without the milk component:
- Type of emergency (e.g., fire, electrical outage, vendor shortage). Include sufficient details for the CDSS to understand the situation that prevented the operator from serving the milk component with meals. Documentation (e.g., invoice for refrigerator repair) may be provided, but is not required.
- Dates, or the date range, when meals were served without the milk component.
- Names of specific site(s) affected. If all sites are/were affected, state ‘all sites affected’.
- Whether the emergency is continuing or has ended.
- If the emergency is continuing, the expected end date.
The CDSS CACFP Nutrition Team will respond to the requests by email within two business days.
If the CDSS approves the request, operators must save the approval email as documentation to support an administrative review and CACFP meal reimbursement claims.
If the CDSS does not approve the request, they will provide details to the operator, such as additional information required to approve the request.
How long is an approved fluid milk exemption valid?
An approved fluid milk exemption is effective from the start date of the emergency until the emergency ends. Operators are not required to request an extension or report to the CDSS when the emergency ends.
What are the documentation requirements for fluid milk exemptions?
Operators approved for a fluid milk exemption must retain the approval email sent by the CDSS CACFP Nutrition Team and provide the email to CDSS CACFP staff upon request.
As best practice, the operator should retain any supporting documentation if available, which may include:
- Dated vendor delivery receipts indicating a shortage or substitution.
- Refrigerator service requests, repair invoices, and/or replacement purchase.
- Documentation from the vendor about supply chain challenges.
- Road closure alerts.
- Electric outage notifications.
- Email notification of state emergency proclamation by the Governor.
CACFP operators must retain documentation for three program years plus the current program year for administrative review purposes and to support CACFP meal reimbursement claims for meals served without the fluid milk component.
Are operators approved for a fluid milk exemption required to accommodate meal modifications for participants with a disability?
Yes. During temporary and continuing emergencies, operators are not relieved of their obligation to provide meal modifications for participants with disabilities, unless the modification would fundamentally alter the nature of the program. When planning a modified meal service, operators should consider how individuals who require meal modifications will be accommodated.
Operators are encouraged to communicate with households to determine how to continue to accommodate a participant who has a medical statement that recommends almond beverage be served due to the participant’s allergy to dairy and soy, the CACFP operator must accommodate the disability/allergy. If an almond beverage is not available due to emergency conditions, the CACFP operator should work with the child’s parents or guardian, participating adult, or a person acting on behalf of the adult participant to develop a solution as quickly as possible; for example, substituting an oat, rice, or pea beverage. Contact the CDSS CACFP Nutrition Team at CACFPMealPatterns@dss.ca.gov for questions about accommodating disabilities during an emergency.
For more information on accommodating meals for participants with disabilities, access the CDSS Meal Modifications in the CACFP web page.
Does the fluid milk exemption apply to other USDA child nutrition program meals?
No. The CDSS CACFP fluid milk exemption is only valid for meals claimed through the CACFP. For information about obtaining a fluid milk exemption for other child nutrition programs (e.g., National School Lunch Program, Summer Food Service Program), contact the California Department of Education program specialist assigned to the county. A list of program specialists assigned to each county is available in the Download Forms section of the Child Nutrition Information and Payment System (CNIPS).
Contact
For questions about fluid milk exemptions, contact the CDSS CACFP Nutrition Team at CACFPMealPatterns@dss.ca.gov.
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