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Important news for contracting entities operating federal nutrition programs administered by the Texas Department of Agriculture (TDA).

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Notice and Information to the Public: Proposed Summer Food Service Waivers (SFSP) for Program Year 2020.

" TDA is requesting statewide waivers from USDA of certain federal regulations related to first week site visits, time restrictions for meal service, and eligibility for closed enrolled sites for SFSP PY2020.



On October 11, 2018, the U.S. Department of Agriculture (USDA) provided guidance regarding the status of nationwide waivers of statutory and regulatory requirements in the Summer Food Service Program (SFSP) (SFSP 01-2019), Summer Food Service Program Memoranda Rescission. This guidance rescinded waivers previously provided without action by the state administering agency regarding the operation of SFSP. The Texas Department of Agriculture (TDA) believes the impact of this rescission reduces program efficiencies, lacks substantial program benefits, and may reduce access to summer meals for low income children throughout Texas.  As a result, TDA is requesting statewide waivers from USDA of the federal regulations listed below for SFSP Program Year 2020. TDA requested and was granted the same waivers for Program Year 2019. TDA continues to monitor and evaluate the impact of the waivers on all SFSP operations.

First Week Site Visit

  1. For (a) returning sites that operated successfully during the previous summer (or other most recent period of operation) and had no serious deficiency findings and (b) SFSP sponsors in good standing in CACFP and NSLP, the requirement that sponsors shall visit each of their sites at least once during the first week of operation.                                7 CFR 225.15(d)(2)
  2. For sites operating one week or less, the requirement that sponsors shall visit each of their sites at least once during the first week of operation.  7 CFR 225.15(d)(2)

Time Restrictions for Meal Service

  1. The requirement that three hours must elapse between the beginning of one meal service, including snacks, and the beginning of another, except that 4 hours must elapse between the service of a lunch and supper when no snack is served between lunch and supper and the requirement that the service of supper may not extend beyond 8 p.m.     7 CFR 225.16(c)(1)

Eligibility for Closed Enrolled Sites

  1. The requirement that closed enrolled are eligible based on documentation that at least half of the enrolled children at each site are eligible for free or reduced priced meals.       7 CFR 225.15(f)(1)


Assistance available in English and Spanish. Please call 877-TEX-MEAL (877-839-6325) for help.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at:, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
Fax: (202) 690-7442; or
This institution is an equal opportunity provider. Logo

Texas Department of Agriculture Logo

Texas Department of Agriculture

Commissioner Sid Miller

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