Regulation and Policy

USDA FNS Documents & Resources

• 7 CFR 210 - National School Lunch Program
• 7 CFR 215 - Special Milk Program
• 7 CFR 220 - School Breakfast Program
• 7 CFR 225 - Summer Food Service 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

Final Rule - Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans

• (Print version) Federal Register Notice | RIN 0584-AE88 Final Rule - Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans (pdf)
   
• (USDA website) Federal Register Notice | RIN 0584-AE88 Final Rule - Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans
   
• NC Summary - Final Rule for Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans (pdf)

All print resources that are not formatted to meet the new Federal Digital Accessibility requirements are being removed from the School Nutrition website.  Until further notice, please contact a School Nutrition Area Consultant to request a copy of a resource.

All policy memos are available on the USDA FNS Documents & Resources.

USDA Policy Memos

• (07.11.2025)  Guidance on Fees for Electronic Payment Services in the School Meal Programs
• (07.07.2025)  Rescission of May 2022 Bostock Policy - Guidance on the Interpretation of Discrimination Based on "..." in USDA Child Nutrition Programs
• (07.01.2025)  SP 17-2025  Reimbursement for Off-Site Meal Consumption
• (06.04.2025)  SP 16-2025  Fresh Fruit and Vegetable Program: Allocation of Funds for Fiscal Year 2026
• (06.02.2025)  SP 15-2025  Enhancing Child Nutrition Program Meal Standards
• (06.02.2025)  SP 14-2025  Offer versus Serve Flexibilities for the National School Lunch Program and School Breakfast Program
• (05.13.2025)  SP 13-2025  Full-Year Continuing Appropriations and Extensions Act, 2025: Effect on Child Nutrition Programs
• (05.14.2025)  SP 12-2025  Paid Lunch Equity: Guidance for School Year 2025-2026
• (05.06.2025)  SP 11-2025  Using Federal Funds to Purchase Local Foods
• (03.02.2025)  SP 10-2025  Rescission of Guidance on Promoting Access to Voting through the Child Nutrition Programs
• (02.20.2025)  SP 09-2025  Buy American Accommodation Process for School Year 2025-2026
• (01.10.2025)  SP 08-2025  Non-Congregate Meal Service in Rural Areas: Questions and Answers #3 (SFSP 03-2025)
• (12.30.2024)  SP 07-2025  Requirement to Accept Medical Statements from Registered Dietitians for Schools and Child and Adult Care Institutions and Facilities (CACFP07-2025os)
• (12.09.2024)  SP 06-2025  National School Lunch Program Equipment Assistance Grants: Installation Expenditures
• (11.07.2024)  SP 05-2025  Guidance for Accepting Processed Product Documentation for Meal Pattern Requirements (CACFP 04-2025, SFSP 02-2025)
• (11.01.2024)  SP 04-2025  Fees for Electronic Payment Services in the School Meal Programs  
• (10.30.2024)  SP 03-2025  Substituting Vegetables for Grains in American Samoa, Guam, Hawaii, Puerto Rico, the U.S. Virgin Islands, and Tribal Communities
• (10.07.2024)  SP 02-2025  Substitution of Vegetables for Fruit Flexibility in the School Breakfast Program: Questions and Answers for Program Operators  
• (10.07.2024)  SP 01-2025  Fluid Milk Requirements for School Meals  

• Civil Rights Compliance and Enforcement – Nutrition Programs and Activities 

Statutes that govern the Child Nutrition Program

• GS 115C-264
• SB 415 

• 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) 

• 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 

• 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 

NOTICE 

All print resources that are not formatted to meet the new Federal Digital Accessibility requirements are being removed from the School Nutrition website. Until further notice, please contact a School Nutrition Area Consultant to request a copy of a resource.
 

• 04.22.2026  Summer Food Service Program Summer 2026 Child Nutrition Programs 12(I) Waiver Checklist 
  The goal of this waiver is to allow summer food service program sponsors who operate an outdoor congregate location(s) to change their site operations when a heat advisory or an excessive heat warning is issued for their area by the National Weather Service (NWS).  This waiver would also allow summer food service program sponsors who operate an outdoor congregate location(s) to change their site operations when the air quality advisory is at purple flag level or higher as determined by the Air Quality Index (AQI), as indicated on the website AirNow.Gov.  This waiver would allow the following changes to their site operation for the day of the heat or air quality advisory only upon notification to the community the site serves:
  • Serve meals as non-congregate
  • Alter meal service times
  • Allow for parent/guardian meal pickup
     
• 07.25.2025  Prospective Waiver Request - Unanticipated Closures for sy2025-26 
  Allow local program operators to promptly respond to situations when congregate meal service is limited or negatively impacted by unanticipated school building or facility closures caused by natural disasters, unscheduled major building repairs, court orders relating to building safety or other issues, labor-management disputes, or, when approved by the State agency, for a similar unanticipated cause.
   
• 05.28.2025  SFSP/SSO Waiver Request - Extreme Heat and Air Quality Advisories
  The waivers in this section allow State agencies to approve SFSP and SSO sponsors, in good standing, to operate outdoor meal sites without temperature-controlled alternative sites as non-congregate sites on days when the National Weather Service (NWS) has issued a Heat Advisory, an Excessive Heat Warning, or an Excessive Heat Watch for the area where the site is located. These waivers are effective May 1, 2024, through September 30, 2024.*
   
• 10.28.2024  NCDPI Additional Waiver Request - Hurricane Helene
   
• 09.29.2024  Waiver Request - Unanticipated School Closures - September 29, 2024
  Allow local Program operators to promptly respond to situations when congregate meal service is limited or negatively impacted by unanticipated school building closures caused by natural disasters, unscheduled major building repairs, court orders relating to school safety or other issues, labor-management disputes, or, when approved by the State agency, for a similar unanticipated cause.

09.19.2024  Waiver Request - Unanticipated School Closures Sept 2024- NC Department of Public Instruction

12.13.2023  USDA Waiver Request - CEP Midyear Adoption

08.18.2023  USDA Waiver Request - Unanticipated School Closures (Sept 1 2023 - Aug 31 2024)

07.17.2023  USDA Update on Non-Congregate Meal Service for Outdoor Summer Meal Sites Experiencing Excessive Heat (July 1, 2023)

05.01.2023  USDA Summer Food Service Program Waiver Request - Meal Service During Unanticipated School Closures

04.28.2023  USDA State Waiver Request - Streamlining Program Requirements and Improving Integrity in the SFSP

6.30.2022 and 7.6.2022 - 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

• SFSP Offer vs Serve (OVS) Waiver
• First Week SFSP Site Visit Waiver
• Off-site Monitoring Waiver
• Closed Enrolled Area Eligibility Waiver
• Meal Time Restriction Waiver

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.