U.S. Department of Agriculture Waiver Requests

Information about the U.S. Department of Agriculture (USDA) waiver request protocol for the California Department of Social Services (CDSS) Child and Adult Care Food Program (CACFP).

General Information

The USDA Food and Nutrition Service (FNS) established a waiver request protocol for the CACFP. For more information, please see the USDA Policy Memorandum SP 15-2018, CACFP 12-2018, SFSP 05-2018 Child Nutrition Program Waiver Request Guidance and Protocol - Revised.

Current Waiver Requests for the CACFP Branch

School Year 2024-25 Ramadan Waiver

The CDSS is requesting approval from the USDA Food and Nutrition Service to provide flexibility for program operators with participants observing Ramadan. This waiver may be requested by CACFP operators of emergency shelters, adult day care centers, outside-school-hours care centers, and at-risk afterschool care centers. This waiver is intended to support eligible program operators in continuing to offer nutritious meals to participants who are in attendance and fasting in observance of Ramadan. This request will waive the following requirements:

• Non-Congregate Meal Service [NSLA, 42 U.S.C. 1766(f)(1)(A) and 7 CFR 226.19(b)(6)(iii),]
 
• Meal Service Times [7 CFR 226.20(k)]

If approved, this waiver would be effective February 28, 2025, through March 30, 2025.

Previous Waiver Requests for the CACFP Branch

2024-25 Onsite Monitoring Waiver

The CDSS is requesting approval from the FNS to waive aspects, as specified below, of the CACFP onsite monitoring review requirement for Day Care Home Sponsoring Organizations (DCH SOs).

Specifically, CDSS is requesting to waive parts of Title 7, Code of Federal Regulations (7 CFR), Section 226.16(d)(4)(iii), allowing CDSS to approve the following flexibilities for DCH SOs in good standing:

• Conduct one of the three required monitoring reviews for each DCH provider offsite (virtually).
 
• Conduct a second of the three required monitoring reviews for each DCH provider offsite (virtually) for DCH providers that meet the following distance or time criteria:
 
• Located at least 50 miles, or more, one way from the SO’s designated headquarters office, or
 
• Located an average of 60 minutes of travel time, or more, one way from the SO’s designated headquarters office.

The USDA FNS may only approve waivers to program regulations for the period of one federal fiscal year (October 1–September 30). Each year hereafter, CDSS will assess the need to request a waiver of the onsite monitoring review requirements. Such an assessment includes, but is not limited to, stakeholder feedback, waiver impact and use in previous years, potential impact to program integrity, and provider and State agency business needs.

School Year 2024-25 At-risk Unexpected School Closures

The CDSS is requesting authority to waive up to 10 consecutive operating days for At-risk Afterschool Meals program operators, to waive the following regulations without prior notice to FNS due to unexpected school closures:

• Non-Congregate Meal Service [NSLA, 42 U.S.C. 1766(f)(1)(A) and 7 CFR 226.19(b)(6)(iii)]
 
• Meal Service Times [7 CFR 226.17a(m)]
 
• Parent/Guardian Meal Pickup [NSLA, 42 U.S.C. 1766(f)(1)(A) and 7 CFR 226.2 (Meals)]
 
• Enrichment Activity [NSLA, 42 U.S.C. 1766(r)(2)(B), 1766a(a)(2)(C) and 7 CFR 226.17a(b)(1)(ii) and (iii)]

Existing Waivers for the CACFP

For information about CACFP existing waivers, please visit the California Department of Social Services CACFP Waivers page.

Questions: Please contact your assigned Program Specialist which can be found on the CACFP Contact List.

This institution is an equal opportunity provider.
Esta institución es un proveedor que ofrece igualdad de oportunidades.