Skip to main content

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

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
To: 
Summer Food Service Program Sponsors
From: 
Paula Tyner-Doyle, Coordinator
Date: 
Thursday, January 24, 2013
Subject: 
Site Caps in the Summer Food Service Program

The purpose of this memorandum is to clarify the regulatory requirements regarding the enforcement of site caps in the Summer Food Service Program (SFSP). State agencies administering the Program are required to set limits on the number of meals a site may serve to children for meal reimbursement. This limit is referred to as the ‘site cap.’

Site caps are required for vended sites by Program regulations. A sponsor may not claim reimbursement for meals served to children at any site in excess of the approved level of meal service if one has been established. Therefore, a sponsor may not claim reimbursement for meals served to children at any vended site in excess of the cap.

Site caps are also required for self- preparation sites by Program regulations. When evaluating a proposed food service site, the New York State Education Department must ensure that the site is approved to serve no more than the number of children for which its facilities are adequate. This implies that a limit must be placed on a site, prior to being approved. The site cap of a selfpreparation site, therefore, is based on the capacity of the site to prepare and distribute meals.

Sponsors’ annual SFSP Profile indicates site caps for every site and sponsors’ annual approval letter indicates expectations for making adjustments to the limits. For sites, the cap is be based on the capacity of the site to prepare, obtain, and/or distribute meals served to children as well as the number of children for which its facilities are adequate. Once a cap is established for any site, a sponsor must not claim reimbursement for meals served to children at the site in excess of the cap.

USDA Nondiscrimination Statement

In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

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 state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint 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:

  1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410;
  2. Fax: (202) 690-7442; or
  3. Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

Top