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

Published: 29 days ago
" On February 21, 2024, USDA introduced a proposed rule that seeks to make the application of serious deficiency procedures in the Child and Adult Care Food Program and Summer Food Service Program more consistent, effective, and in line with current requirements under the Richard B. Russell National School Lunch Act. USDA proposes to add clarity to the serious deficiency process by defining key terms, establishing a timeline for full correction, and establishing criteria for determining when the serious deficiency process must be implemented.
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On February 21, 2024, USDA introduced a proposed rule that seeks to make the application of serious deficiency procedures in the Child and Adult Care Food Program and Summer Food Service Program more consistent, effective, and in line with current requirements under the Richard B. Russell National School Lunch Act. USDA proposes to add clarity to the serious deficiency process by defining key terms, establishing a timeline for full correction, and establishing criteria for determining when the serious deficiency process must be implemented. Specific proposed regulations would:
  • Establish regulatory serious deficiency and fair hearing processes for SFSP, including expansion of the NDL to include SFSP operators.
  • Extend serious deficiency process to CACFP unaffiliated sites.
  • Clarify key terms, correction timeline, and implementation criteria.
  • Enable TDA and CEs to identify and address serious management problems or repeated violations effectively.
  • Allow a path for full correction of serious management problems for both CEs and sites.
  • Define "good standing."
  • Propose disqualification options for School Food Authorities disqualified from CACFP or SFSP.
  • Expand the National Disqualified List to include SFSP operators.
  • Define State Agency responsibilities for monitoring Multi-State Sponsoring Organizations.

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. TDA will be covering this proposed rule in more detail at this year's MegaCon conference.

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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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