THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of P-20 Education Policy
The New York State Education Department (SED) has requested a waiver from USDA for all SFAs participating in the Fresh Fruit and Vegetable Program from the requirements in Section 19b of the National School Lunch Act [42 U.S. C. 1769a] requiring schools participating in the program to make free fresh fruits and vegetables available “to students” throughout the school day. This will allow parents/guardians to pick up the fresh fruit and vegetables on behalf of their children at non-congregate meal distribution locations.
SED has requested a waiver from SFSP regulations at 7 CFR 225.16 to allow flexibility with meeting meal pattern requirements during the COVID-19 pandemic in those areas which experience a short-term food shortage and/or disruption in the supply chain in the operation of the SFSP during the summer of 2020.
SED has also requested a waiver from USDA for regulation 7 CFR 225.15(d) (3) for all SFSP sponsoring organizations to conduct site monitoring reviews off-site to comply with social distancing orders.
Lastly, SED has requested to waive State Agency SFSP on-site pre-approval visits and monitoring requirements conducted at sites included at 7 CFR 225.7(d).
These waivers have not been approved at this time. Further guidance will be made available upon approval.