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RELEASE: Proposed Rule for Serious Deficiency Process in SFSP and CACFP

Published: 78 days ago
" On February 21, 2024, Food and Nutrition Service published the Proposed Rule entitled “Serious Deficiency Process in the Child and Adult Care Food Program (CACFP) and the Summer Food Service Program (SFSP).” Through this proposed rulemaking, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) is proposing important modifications to the serious deficiency process in CACFP, extending the process to CACFP unaffiliated sponsored centers, and establishing a serious deficiency process in SFSP.
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On February 21, 2024, Food and Nutrition Service published the Proposed Rule entitled “Serious Deficiency Process in the Child and Adult Care Food Program (CACFP) and the Summer Food Service Program (SFSP)” in the Federal Register. The proposed rule can be viewed here: https://www.federalregister.gov/documents/2024/02/21/2024-02108/serious-deficiency-process-in-the-child-and-adult-care-food-program-and-summer-food-service-program. Through this proposed rulemaking, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) is proposing important modifications to the serious deficiency process in CACFP, extending the process to CACFP unaffiliated sponsored centers, and establishing a serious deficiency process in SFSP. These changes will improve consistency in language and process among statute, regulations, and guidance for both CACFP and SFSP. Additionally, these changes will improve consistency in the serious deficiency process within and across States and strengthen program integrity.

This rule also proposes updates to the suspension process in CACFP and proposes options on implementing suspension in SFSP. Additionally, this rule proposes options on termination and disqualification procedures for school food authorities that operate SFSP and CACFP.

Program operators are strongly encouraged to review this rule and provide comments to USDA by May 21, 2024. Comments must be received by May 21, 2024.

Comments may be sent to: Program Integrity and Innovation Division, 1320 Braddock Place, Alexandria, VA 22314. Comments will also be accepted through the Federal eRulemaking Portal. Go to
https://www.regulations.gov and follow the online instructions for submitting comments electronically.

Prior to the end of the comment period, TDA will be providing webinars on these proposed rules, including a presentation at this year's MegaCon.

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To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. Mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
2. Fax: (833) 256-1665 or (202) 690-7442; or
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