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NC DPI »   Districts & Schools »   District Operations »   School Nutrition »   Regulation and Policy

Regulation and Policy

Federal Regulations
  • 7 CFR 210 - National School Lunch Program 
  • 7 CFR 215 - Special Milk Program 
  • 7 CFR 220 - School Breakfast Program 
  • 7 CFR 245 - Free & Reduced Price Eligibility 
  • 7 CFR 250 - Food Distribution Program 
  • 7 CFR 3016 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 
  • 7 CFR 3019 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations 
  • 7 CFR 3052 - Audits of States, Local Governments, and Non-Profit Organizations 
FNS Instruction 113.1
  • Civil Rights Compliance and Enforcement – Nutrition Programs and Activities 
NC General Statutes

Statutes that govern the Child Nutrition Program

  • GS 115C-264
  • SB 415 
NC State Board of Education Policy
  • Policy and standards for the National School Lunch Program (16 NCAC 6H.0004) 
  • Nutrition Standards for Elementary Schools 
  • State Board Adopts Resolution – Breakfast in the Classrooms (8/4/11) 
OMB Circulars
  • A-87 Cost Principles for State, Local, and Indian Tribal Governments 
  • A-122 Cost Principles for Non-Profit Organizations 
  • A-133 Audits of States, Local Governments, and Non-Profit Organizations 
USDA-FNS School Meals Policy Memos

2021 Policy Memos 

Policy Memo Archives

Policy Memos Policy Memo Reference Tables
2020 2020 Policy Memo Reference Table 
2019 2019 Policy Memo Reference Table 
2018  2018 Policy Memo Reference Table 
2017 2017 Policy Memo Reference Table 
2016 2016 Policy Memo Reference Table 
USDA Public Law
  • Richard B. Russell National School Lunch Act 
  • Child Nutrition Act of 1966 
  • Child Nutrition and WIC Reauthorization Act 2004 (Public Law 108-265) 
  • Healthy, Hunger-Free Kids Act of 2010 
  • Healthy, Hunger-Free Kids Act of 2010 Summary 
Waivers/Waiver Requests

 

Date Waiver Title | Description
06.30.2022

NCDPI Waiver Request for School Meal Programs for SY 22-23

GOAL: The goal of the waiver request is to continue to extend necessary flexibilities to SFAs and sponsors who provide meal service despite post-COVID-related challenges, including increased food, supply and fuel costs, as well as continued supply challenges caused by a fractured K-12 supply chain. A secondary goal is to reduce the administrative burden on SFAs and sponsoring entities who continue to feel the impact from the these and other post-COVID challenges such as staffing shortages.

06.02.2022

Waiver Request for Summer Food Service Program FY 2021-22 and School Meal Programs for SY 2022-23

05.23.2022  Summer Food Service and Seamless Summer Option Programs Waiver Request - Non-Congregate Meal Service for Outdoor Summer Meal Sites Experiencing Excessive Heat

GOAL: Allow NCDPI to grant summer meal sponsors operating outdoor meal service at sites without a temperature-controlled alternative  to provide a non-congregate meal service on days when the area experiences excessive heat or other exceptional circumstances.

2021 Summer Food Service and Seamless Summer Option Waiver Requests

The North Carolina Department of Public Instruction (NCDPI) announced today that it will request statewide waivers from the Food and Nutrition Service of the US Department of Agriculture (USDA) of statutory and regulatory requirements in the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO), in accordance with federal guidance. The waivers relate to the SFSP flexibilities and policies that were rescinded through Policy Memoranda SFSP 01-2019, Summer Food Service Program Memoranda Rescission; SFSP 03-2020, Meal Service During Unanticipated School Closures and the March 23, 2000, Policy Memorandum on determining sponsors for the current year administrative review schedule.

The following waivers have been submitted to the USDA for consideration. The goal of these waivers is to reinstate the rescinded flexibilities that allow for efficient and cost-effective program management and to reduce the administrative burden for sponsoring organizations and the State Agency.

2021 Waiver Request 1 - First Week SFSP Site Visits

Waiver of first week SFSP site visits for School Food Authorities and other sponsors in good standing, which operated experienced sites in good standing without a lapse in participation.

2021 Waiver Request 2 - Extending Area Eligibility to Closed Enrolled Sites

Waiver extending area eligibility to closed enrolled sites for SFSP and SSO.

2021 Waiver Request 3 - Meal-time Restrictions

Waiver of meal-time restrictions; specifically, the minimum amount of time that must pass between meals and snacks and the duration of the meal service, with approval to be determined by the NCDPI on a case-by-case basis for SFSP and SSO.

2021 Waiver Request 4 - Extend SFSP Offer vs Serve

Waiver to extend SFSP Offer versus Serve to SFA and other sponsors, approval to be determined by the NCDPI

2021 Waiver Request 5 - Serve Meals during Unanticipated School Closures

Waiver to allow school sites to serve meals for reimbursement during unanticipated school closures in SFSP and SSO.

2021 Waiver Request 6 - Allow State Agency to conduct Site/Sponsor Administrative Reviews Off Site

Waiver to allow NCDPI and sponsors to conduct site/sponsor administrative reviews off site in the SFSP and SSO.

 

School Nutrition

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North Carolina Department of Public Instruction
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