CACFP COVID-19 Frequently Asked Questions

Summary

The U.S. Department of Agriculture (USDA) has authorized state specific waivers for program year 2022-23, intended to provide temporary flexibilities to certain regulatory requirements of the Child and Adult Food Care Program (CACFP). The California Department of Social Services (CDSS) is providing frequently asked questions (FAQ) to help clarify both state and federal policy and operational questions for the CACFP operators during the Novel Coronavirus (COVID-19) pandemic. The following FAQs can assist program operators who may have questions on how to operate their program based on the policy guidance released.

Frequently Asked Questions

• Administrative Reviews (AR)
• Meal Pattern Waiver
• Meal and Snack Distribution and Pick Up
• Accommodations
• Procurement and Solicitations
• Paying for Staff and Other Expenses
• Additional FAQs

Administrative Reviews

1. Will my CACFP Administrative Review (AR) occur this year if I am a New Program Operator?

Yes. Reviews shall be conducted for newly participating organizations with five or more childcare facilities within the first 90 days of Program operations. (Refer to Title 7 Code of Federal Regulations (CFR) 226.6 (m)(iii))

Program Operators new to the CACFP with less than five facilities, will receive technical assistance and training in the year they are added to the program.

2. Will my CACFP Administrative Review (AR) occur this year?

It depends. Program Operators scheduled for an AR for the Fiscal Year (FY) 2022-23 are listed on the CDSS CACFP Administrative Review web page. Refer to the current CACFP AR cycle FY 2022-23.

When determining the AR schedule each year, the following requirements are taken into consideration:

• Independent centers and CACFP operators of 1 to 100 facilities will be reviewed at least once every three years. (Refer to 7 CFR 226.6(m)(i))
• Reviews of the CACFP operators shall include reviews of 10 percent of their childcare, adult day care, and outside school-hours care centers. (Refer to 7 CFR 226.6(m)(i))
• CACFP operators with more than 100 sites must be reviewed at least once every two years. (Refer to 7 CFR 226.6 (m)(6)(ii))
• If the CACFP operator has more than 100 facilities, the review will include 5 percent of the first 1,000 facilities and 2.5 percent of facilities more than 1,000. (Refer to 7 CFR 226.6 (m)(6)(ii))

3. What documentation must a CACFP operator have during an AR?

CACFP operators can review the AR Guidance Documents to Gather for Centers and Day Care Homes. This information is found in the CNIPs Download Forms CACFP 50, CACFP 50(a), and CACFP 51.

4. How will CACFP Operators ARs be conducted this year?

The majority of the ARs will be conducted remotely and program operators can upload program documents into a secured Share Point site.

The reviewer may choose to conduct the program operator AR by using a “hybrid” approach where site visits are conducted in person and program documents are uploaded to Share Point. Program operators will know in advance of the AR if the “hybrid” approach will be used. In these instances, on-site visits conducted by the reviewer will follow COVID 19 protocols related to personal safety, such as, the use of a mask, handwashing, hand sanitizer and distancing.

Please work closely with your Child Nutrition Consultant (CNC) to coordinate a date that works best for your program. To contact your CNC, please visit the CACFP Field Services Contact List, or in the Child Nutrition Information and Payment System (CNIPS) Download Forms CACFP 01 Contact List and County Assignment.

Meal Pattern Waiver

1. Does my 2021-22 meal pattern waiver extend into the 2022-23 program year?

No. the nationwide meal pattern waiver from USDA expired on June 30, 2022. Therefore, starting July 1, 2022, those waivers are no longer valid.

2. If I am unable to serve milk due to supply chain issues in the 2022-23 program year, can I apply for a fluid milk exemption?

Yes, CACFP Operators may request approval from the CDSS to not provide fluid milk on a temporary basis due to emergency conditions (such as supply chain disruptions) using the authority provided to the CDSS in 7 CFR, Section 226.20(e)(1).

If a CDSS CACFP Fluid Milk Exemption Application is submitted and approved, CACFP Operators may serve meals without the fluid milk component (when emergency conditions are present only) and claim these meals for reimbursement.

For more information and to access the Fluid Milk Exemption Application, visit the CDSS CACFP Temporary Fluid Milk Exemption Requests web page.

Meal and Snack Distribution and Pick Up

1. Will parents be allowed to pick up meals for their children?

Please note that meal service must be impacted by COVID-19 for a CACFP operator to utilize the flexibilities offered for non-congregate meal service, meal service time, and parent/guardian pickup waivers. A CACFP operator must use the parent/guardian pick up in combination with the noncongregate meals and meal service time waiver.

CACFP operators must complete the online waiver application to use these flexibilities. An operator experiencing the following situations qualifies for the use of these waivers. ONLY the situations listed below will substantiate use:

• School closure due to COVID-19
• Classroom quarantine due to COVID-19
• Student illness or quarantine due to COVID-19
• Staff shortages due to COVID-19 illness or quarantine
• Mandate or recommendations from national, state, or local governing body not to congregate due to COVID-19
• Service to student groups where the majority are unvaccinated:
  • For example, children under 5, while COVID-19 vaccinations for this age group are unavailable, or immune compromised groups
  • Note that the waiver flexibilities can be used for these student groups only and may not apply to entire campuses
• Documented delays in obtaining supplies and equipment due to COVID-19, that prevents the ability to provide congregate meal service

CACFP operators are required to keep documentation on file and to use these flexibilities only for duration and time needed.

2. Can CACFP Operators allow children (or guardians) to pick up multiple days of meals at a time?

The CDSS is awaiting guidance from USDA on the allowance of bulk meal distribution during SY 2022–23. Previous guidance that allowed for bulk meal distribution was specific to SY 2021–22, which has since passed.

3. Is the option to allow parents and guardians to pick up meals for children mandatory?

No, this is a local CACFP operator decision. We encourage CACFP operators to use all flexibilities in a manner which maximizes participation while ensuring program integrity.

4. What are the reporting requirements for the parent pick-up waiver?

The CDSS will collect information from sponsors using this waiver and other COVID-19 waivers via survey. Sponsors will be required to report, at minimum, the use of this waiver and how the waiver flexibilities benefited children. Sponsors must also keep accurate records of their waiver requests and the meals served under these waivers and have written plans in place to avoid distribution of duplicate meals.

5. What are some methods that my agency can implement to meet the program integrity requirements of the parent pick-up waiver?

The processes that each agency puts into place will be unique to meet their local needs. Some general recommendations could include:

• Use a point-of-sale system (if available) for meals that are picked up by parents and guardians.
• Request that a parent or guardian provide their student's identification number(s) at the time of pickup.
• Request that a parent or guardian identify the age, grade, and classroom teacher of the children for whom they are picking up meals.
• Only offer parent meal pick-up at select site locations.
• Only offer parent meal pickup in conjunction with providing meals for multiple days. This approach, when combined with only offering parent meal pick-up at select sites helps reduce concerns with program integrity.

The CDSS has created a helpful integrity plan resource for CACFP. It has been updated from previous years and is available in the Resources section of the CACFP web page and in the CNIPS Download Forms CACFP 91 CACFP Integrity Plan: Checklist for general integrity and COVID-19 waivers.

6. How detailed should a meal delivery MOU or Interagency Agreement (IA) be?

There are no federal requirements for what should be in an MOU or IA. However, since this is a legal document intended to hold at least two parties to specific duties, the agreement should have the following information:

• Term date
• Terms and conditions for meal delivery
  • Number of meals
  • Type of meal(s)—lunch, breakfast, etc.
  • Location of meal delivery
  • Delivery schedule—once per day, five days per week (excepting holidays)
• Consideration—the payment per meal
• Identification of the parties to the agreement and a signature by an authorized agent for each party
• All contracts in excess of $10,000 must have a clause that addresses termination for cause and for convenience

For additional information, contact ProcurementCACFP@dss.ca.gov.

7. What are the requirements for initiating home meal delivery for a household?

CACFP Operators must first obtain written consent from households of eligible children or adults (this could include email or other electronic means) that the household wants to receive delivered meals. In addition, CACFP Operators should confirm the household’s current contact information and the number of eligible participants in the household to ensure that the correct number of meals are delivered to the correct location.

For home delivery during the school year, CACFP Operators must have an approved meal time flexibility and noncongregate meals waivers.

If you choose to partner with an outside or private organization to deliver meals to students' homes you must also:

• Be the entity that makes the first contact about meal delivery with the households of eligible children
• Notify the household if contact information will be shared with an external organization
• Obtain written consent from the parent or guardian to release contact information
• For private vendors, you must have an MOU with the vendor concerning the confidentiality requirements
• The MOU should include information such as what will be disclosed, how the information will be used, how the information will be protected from unauthorized uses and disclosures, and penalties for unauthorized disclosure.

The CACFP Operator must ensure data is handled appropriately at all times and by all organizations involved with meal delivery to safeguard household confidentiality. Only then can the operator share the information with other organizations involved with meal delivery.

8. Can Head Start programs deliver meals to children enrolled in the CACFP home-based program option?

Yes, if a child was receiving meals through CACFP, then they can continue to receive meals. If a child was not receiving meals through the CACFP, then the child is not eligible to receive meals through the CACFP.

For home delivery, CACFP operators must have an approved mealtime flexibility and non-congregate meal waivers.

9. Does the child or adult CACFP participant need to be present for home meal delivery?

No. As long as the CACFP Operator has received the household’s written consent and verified the address, the child or adult participant does not need to be present. If the meals are shelf-stable, then no one needs to be present. However, the CACFP Operator should always be mindful of California and local food safety requirements and best practices.

10. Are sponsors able to serve meals and snacks at the same site from multiple child nutrition programs (CNP)?

Yes. If one sponsor is approved to operate multiple CNPs at one site, or is sharing a site with another sponsor operating a different CNP, all meals and snacks eligible under each CNP may be served at the site to each child or adult eligible under the CNP rules. The sponsor(s) serving meals at the site must have procedures in place to ensure that only eligible children under each program receive a meal(s) at the appropriate meal service times (as applicable). Additionally, the USDA encourages the meals be labeled by program.

For example, a CNP Sponsor is approved to operate both the SSO and CACFP At-risk Program. If the SSO site is an Open Site, then all children coming to the site are eligible to receive up to two meals, or one meal and one snack in any combination, except lunch and supper. The CACFP At-risk site can only serve meals to children enrolled at the school, unless the site allows drop-ins. The program allows for one meal and one snack per day per child. The sponsor, under the SSO rules, can serve each child coming to the site up to two meals per day; however, they must have procedures in place to ensure that only the children enrolled in the At-risk Program receive an extra meal or snack.

11. What should we do with undelivered or leftover meals?

Program operators should exhaust all alternatives permitted by program regulations and state and local health and sanitation codes before they discard food. Options include using leftovers in subsequent meal services or transferring food to other sites. When it is not feasible to reuse leftovers, program operators may donate excess food to a nonprofit organization, such as a community food bank, homeless shelter, or other nonprofit charitable organization.

Accommodations

1. Do I have to accommodate special diets during COVID-19?

Yes. Program operators are required to ensure students with special needs have equal opportunity to participate in or benefit from the CACFP.

Procurement and Solicitations

1. If a CNP Operator has limited time to conduct a procurement process due to a sudden supply chain disruption resulting directly from COVID-19, are they allowed to conduct a noncompetitive procurement under the regulations in Title 2, Code of Federal Regulations (2 CFR), Section 200.320(c), that allow procurement by noncompetitive proposals during public emergencies?

Yes. The COVID-19 pandemic meets the regulatory intent of an emergency. Therefore, CACFP operators experiencing supply chain disruptions arising directly from COVID-19 may conduct a noncompetitive procurement.

Example: A CACFP operator contracted with a milk vendor prior to the COVID-19 pandemic. Due to supply chain disruptions, the vendor is not able to meet their contractual obligation. Under 2 CFR, Section 200.320(c)(3), the CNP Operator may conduct a noncompetitive procurement with another milk vendor to ensure that there is no disruption to the meal service.

Please Note: the USDA clarified that the use of this regulatory provision should not result in a contract that exceeds one year in duration.

As a reminder, CNP Operators must continue to document procurement details and maintain those records for the appropriate amount of time. Please note that COVID-19 meal pattern waivers are available to address the challenges in meeting meal pattern requirements due to procurement challenges. See meal pattern FAQs.

2. Should all purchases under the Emergency Noncompetitive Solicitation be tracked using the typical vendor tracking sheet with a note of which exemption was used?

Yes. Federal regulations require the procuring agency to document how they performed their procurement, including their reasoning for the use of competitive procurement exceptions.

3. What level of declaration would need to be made that would end the use of Emergency Noncompetitive Solicitations?

Since CNPs are federal programs, it would be when the public health emergency declaration has expired. However, the DSS understands that just because an emergency has passed, the after-effects on the supply chain may not have ended. If a CNP Operator concludes that the Emergency Noncompetitive Solicitation is still needed, they should first contact the DSS at ProcurementCACFP@dss.ca.gov.

4. Do MOUs or IAs between two SFAs for meal service need to be competitively solicited?

No. Federal policy guidance encourages schools to contract with other schools in order to foster greater economy and efficiency.

Paying for Staff and Other Expenses

1. Can we continue to pay food service employees with the cafeteria fund (also known as the nonprofit school food service account) while on leave due to school site closure?

Yes. Cafeteria funds may be used to pay for employee leave during school closure due to COVID-19. Such funds may be used to support salaries and wages for those employees that consistently support CNPs when school is in session.

Timekeeping documentation during the COVID-19 period should be consistent with the type of documentation the employees would typically complete when school is in session (semi-annual certification or personnel action report). In addition, the documentation should be consistent with employee's regular work hours when school is in session but contain the notation COVID-19 for the absence period.

Should an LEA receive disaster funds for lost salaries, wages, and other costs, the cafeteria fund should be replenished accordingly when funds are received.

2. Is the purchase of personal protective equipment or other supplies that are intended to prevent or reduce the spread of COVID-19 an allowable cost?

Yes. Personal protective equipment (e.g., surgical masks, cloth masks, face masks, gloves) as well as cleaning and sanitary supplies are allowable costs during the current public health emergency, provided that such purchases are made in support of CACFP operations. All purchases must continue to meet the required criteria of being reasonable, allocable, and necessary.

3. Can funds from the cafeteria fund be used to cover meal delivery costs or the purchase of supplies to facilitate noncongregate meal service during the public health emergency?

Yes. Expenses related to meal delivery or the provision of meals in noncongregate settings are allowable costs. All purchases must continue to meet the required criteria of being reasonable, allocable, and necessary.

4. Can funds from the cafeteria fund be used to purchase bottled water (as an alternative to water fountains and other on-site options) for noncongregate meals served during the public health emergency?

Yes. The purchase of potable water to supplement meals served in noncongregate settings is an allowable cost. For further information, please refer to USDA Policy Memoranda CACFP 20-2016: Water Availability in the CACFP. Please note that milk is expected to be served as part of each reimbursable meal and potable water may not be provided as a substitute for milk. Also keep in mind that noncongregate meals can only be served when COVID-19 directly impacts congregate meal service and the program operator has completed an online waiver application.

5. Can sponsors pay staff salaries using funds from the cafeteria fund when employees are unable to work due to mandatory closures related to the current public health emergency? Is compensation in the form of hazard pay for employees who are still working also allowable?

Yes, but only when such employee absences are covered under the sponsor’s established personnel policies. The USDA has determined that sponsors with such policies may continue to pay out salaries and benefits to their employees during mandatory closures due to COVID-19, which qualify as an “authorized absence from the job” for affected employees in accordance with the requirements of 2 CFR, Section 200.431(b). These payments must be consistent with the sponsor’s policy of paying salaries (under extraordinary circumstances) from all funding sources, federal and nonfederal, and must be fully allocable. Compensation in the form of hazard pay for employees continuing to work is further considered an allowable cost, provided that such compensation is similarly permissible under the sponsor’s personnel policies and that the hazard pay in question is reasonable.

Any of these covered personnel costs may be charged retroactively to the date upon which mandated staff absences or work that occurred when the hazardous conditions related to COVID-19 began. Sponsors may draft a new personnel policy if they don’t have an existing one in place covering leave, salaries, and benefits during unexpected and extraordinary circumstances. Any new or updated policies must be fully in accordance with federal program regulations, and consistent in their payment of salaries and benefits regardless of the funding sources used/available.

6. Can CNP Operators that have received a loan through the Paycheck Protection Program (PPP), made available through the Small Business Administration and qualified lending partners, use CNP funds received from the state (CNP federal funds) to pay back a PPP loan?

As per the guidance provided in USDA Policy Memorandum SP16_CACFP14-2021: Consolidated Q&As on Operation of Child Nutrition Programs, updated for School Year 2021–22 , released July 14, 2021, response to question #2 notes:

"Congress authorized the Paycheck Protection Program (PPP) through the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act and Consolidated Appropriations Act, 2021 to help businesses facing extenuating circumstances due to the COVID-19 pandemic to cover their payroll expenses. Some sponsors have used PPP funds to pay for CNP labor expenses. Under certain circumstances, a PPP loan may be forgiven."

• If the PPP loan is forgiven: Any CNP expenses paid for using those forgiven PPP funds may not be claimed using CNP funds since they have already been paid with another source of federal funding.
• If the PPP loan is not forgiven: CNP funds may only be used to repay that portion of the loan which was used to cover allowable CNP expenses. This is consistent with existing guidance outlined in FNS Instruction 796-2 Rev. 4 (refer to heading titled Costs Funded from Other Sources and Under Recovery of Costs). Program operators using CNP funds to repay any portion of a PPP loan must fully document such repayments and be able to demonstrate that funds were properly allocated and that such repayments were limited to the portion of the loan that was used to cover allowable expenses under the CNPs. In most circumstances, FNS anticipates that the same payroll cost allocation used by the program operator under normal procedures will continue to apply when considering PPP repayments, though exceptions may occur.

However, please note that interest due in connection with a PPP or other loan repayment is not an allowable cost and may not be paid using federal CNP funds, per requirements at 2 CFR, Section 200.449(a). Program operators are further reminded that CNP funds may only be used to pay for allowable CNP expenses. For any portion of a PPP loan that was used to pay for nonprogram expenses, CNP funds may not be used for repayment.

Additional FAQs

1. How can food vendors and companies help?

Schools or other community organizations can contract with food vendors or other similar companies to provide meals. A CACFP Operator can conduct a noncompetitive procurement in the event of an emergency such as COVID-19. Emergency is defined as a “sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” (California Public Contract Code, Section 1102) COVID-19 meets this definition.

2. What agency should I contact if I suspect price fixing, or other price manipulations associated with the COVID-19 pandemic for wholesale commodities?

For any suspected price manipulation of meat and poultry commodities, an operator should contact the USDA Agricultural Marketing Service Packers and Stockyards Division at psdcomplaints@usda.gov.

For all other wholesale commodities, you should contact the U.S. Department of Justice (DOJ) or the Federal Trade Commission (FTC). More information can be found at the DOJ website and the FTC website. You may also submit a complaint directly to the DOJ’s Antitrust Division by visiting the Citizen Complaint Center web page.

3. What agency should I contact if I suspect price gouging associated with the COVID-19 pandemic at the retail level for consumers?

You should contact the California State Attorney General Consumer Complaint Against a Business/Company web page. More information can be found on the Consumer Resources website, which provides a host of consumer protection information from the state and territory attorneys general, including actions attorneys general are taking to protect consumers during the COVID-19 pandemic.

The DOJ created a task force to address COVID-19-related market manipulation, hoarding, and price gouging. For more information about the DOJ’s efforts, visit the DOJ Coronavirus Response web page and to access the memorandum that created the task force, select the Memorandum for All Heads of Department Components and Law Enforcement Agencies.