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Office of P-20 Education Policy
Child Nutrition Program Administration
89 Washington Avenue, Room 375 EBA, Albany, NY 12234
Phone: (518) 473-8781 Fax: (518) 473-0018

School Food Service Directors/Managers
Child Nutrition Program Administration
Friday, May 22, 2020
Child Nutrition Program New York State Waiver Requests

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.

USDA Nondiscrimination Statement

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 (including gender identity and sexual orientation), 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:, 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:

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.