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News > Summer News
Latest News for the Summer Meal Programs

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

Published: 1 years 43 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.
"
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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Assistance available in English and Spanish. Please call 877-TEX-MEAL (877-839-6325) for help. Additional translations services available as well.

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

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/ad-3027.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
3. Email: program.intake@usda.gov.
This institution is an equal opportunity provider.
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