Summer Food Service Program

The New York State Education Department (NYSED) has requested a waiver from the requirements in 42 USC 1761(a)(1)(D), and 7 CFR 225.6(i)(15) to allow SFSP sponsors in good standing, that normally operate outdoor meal services at sites without an alternative indoor location, to provide a non-congregate meal service on days when the area experiences an air quality value of 151 or above as defined by the United States Environmental Protection Agency's Air Quality Index (AQI).

This waiver has not been approved at this time. Further guidance will be made available upon approval.

On June 25th, 2022, President Biden signed the Keep Kids Fed Act, which extended USDA authority to waive certain requirements for Child Nutrition Programs to address COVID-19. This gave USDA extra resources to continue serving participants of the Child Nutrition Programs through the SY 2022-2023. These flexibilities (along with some waivers that were offered using USDA’s 12(l) National School Lunch Act waiver authority) are set to expire on June 30th, 2023. These flexibilities allowed for children and adult participants to continue to be fed in a safe manner during the pandemic.

The New York State Education Department (NYSED) has received State-level waiver authority from the United States Department of Agriculture for Summer Food Service Program (SFSP) sponsors to provide non-congregate meal service at certain Summer Food Service Program (SFSP) outdoor meal sites on days when the area is experiencing excessive heat.  The flexibility will allow Program operators to safely provide meals to Program participants during times of excessive heat.

The New York State Education Department (NYSED) has requested a waiver from the requirements in 42 USC 1761(a)(1)(D), and 7 CFR 225.6(i)(15) to allow SFSP sponsors in good standing, that normally operate outdoor meal services at sites without a temperature-controlled alternative, to provide a non-congregate meal service on days when the area experiences excessive heat as defined by the National Weather Service as a Heat Advisory or Excessive Heat Warning.

This waiver has not been approved at this time. Further guidance will be made available upon approval.

The New York State Education Department (NYSED) has received State-level waiver authority from the United States Department of Agriculture for non-school food authority Summer Food Service Program (SFSP) sponsors to utilize Offer versus Serve (OVS) during the 2023 SFSP. OVS allows children to decline some of the foods offered in a reimbursable breakfast, lunch, or supper.

Please notify SED if you are planning any Kick-off events for 2023 SFSP. 

Summer Food Service Program Kick-Off Events

No Kid Hungry New York Summer Meals Grant Opportunity: This summer, No Kid Hungry New York is supporting school districts and community-based organizations operating the Summer Food Service Program (SFSP) or Seamless Summer Option (SSO) and implementing non-congregate meal programs in rural areas. Grant awards will average between $10,000 - $20,000, and exact amounts will vary depending on program need.

This memorandum is the second set of questions and answers on the rural non-congregate summer meals option established through the Consolidated Appropriations Act, 2023 (the Act) (P.L. 117-328). The Act authorized permanent, non-congregate meal service through the Summer Food Service Program (SFSP) and National School Lunch Program (NSLP) Seamless Summer Option (SSO) for rural areas with no congregate meal service. 

The New York State Education Department (NYSED) has requested a waiver from the requirements in 42 USC 1761(f)(7), and 7 CFR 225.16(f)(1)(ii) to allow non-school food authority sponsors of the Summer Food Service Program to implement Offer versus Serve meals.

NYSED has a requested separate waiver from the requirements in 7 CFR 225.7(e)(4)(v) to adjust NYSED monitoring in order to provide additional technical assistance and monitoring at meal locations to ensure regulatory compliance and efficient operations.

The New York State Education Department (SED), Office of Child Nutrition Program Administration hosted two listening sessions on March 9^th and 16^th of 2023 to hear from New York State school food professionals on the potential impact of the “Child Nutrition Programs: Revision to Meal Patterns Consistent with the 2020 Dietary Guideline for Americans” federal proposed rule.