U.S. Department of Agriculture Waiver Requests

Information about the U.S. Department of Agriculture (USDA) waiver request protocol for the California Department of Social Services (CDSS) Child and Adult Care Food Program (CACFP).

General Information

The USDA Food and Nutrition Service (FNS) established a waiver request protocol for the CACFP. For more information, please see the USDA Policy Memorandum SP 15-2018, CACFP 12-2018, SFSP 05-2018 Child Nutrition Program Waiver Request Guidance and Protocol - Revised.

Current Waiver Requests for the CACFP Branch

State of Emergency Proclamation Waiver

The CDSS is requesting a waiver which would allow CACFP program operators affected by the historic winter storms and included in the State of Emergency Proclamation issued January 22, 2024, to continue meal service. The flexibilities included in this request would be available through the end of the State of Emergency. The CDSS is requesting the following federal regulations to be waived:

  • Non-Congregate Meal Service during Unanticipated School Closures [42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1766a(a)(2), and 7 CFR 226.19(b)(6)(iii)]
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  • Parent and Guardian Meal Pick-Up: Parent and Guardian Meal Pick- Up during Unanticipated School Closures [7 CFR 226.2 (Meals)]
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  • Meal Service Times for Unanticipated School Closures [7 CFR 226.20(k)]
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  • At Risk Education or Enrichment Activities [7 CFR, Section 226.17a(b)(1)(iii)]
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  • Meal Pattern [7 CFR, Section 226.20]

Administrative Review Cycle Extension Waiver

The CDSS is requesting a waiver to extend out the review cycle the state agency conducts administrative reviews of CACFP Operators in good standing to a 5 year cycle, as opposed to the 3 year cycle. The CDSS is asking these federal regulations, 7 CFR 226.6(m)(6), 7 CFR 226.6(m)(6)(i), and 7 CFR 226.6(m)(6)(ii)] be augmented as a part of the CACFP Administrative Review Waiver.

Monitoring Waiver

The CDSS is requesting a monitoring waiver which would allow virtual site visits to be conducted by family day care home sponsoring organizations. This request will waive 7 CFR 226.16(d)(4)(iii).

Previous Waiver Requests for the CACFP Branch

The CDSS is requesting a waiver which would allow CACFP program operators affected by Hurricane Hilary to continue meal service to their students or enrolled participants. The waivers included in this request would be available through the end of the State of Emergency.

The CDSS is requesting authority to waive up to 10 consecutive operating days for At-risk Afterschool Meals program operators, to waive the following regulations without prior notice to FNS due to unexpected school closures:

  • Non-Congregate Meal Service [NSLA, 42 U.S.C. 1766(f)(1)(A) and 7 CFR 226.19(b)(6)(iii)]
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  • Meal Service Times [7 CFR 226.17a(m)]
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  • Parent/Guardian Meal Pickup [NSLA, 42 U.S.C. 1766(f)(1)(A) and 7 CFR 226.2 (Meals)]
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  • Enrichment Activity [NSLA, 42 U.S.C. 1766(r)(2)(B), 1766a(a)(2)(C) and 7 CFR 226.17a(b)(1)(ii) and (iii)]

The CDSS is requesting a waiver for Oakland Unified School District for the current labor dispute. The waiver will go into effect immediately until the end of the labor dispute.

The CDSS is requesting a waiver for the sponsoring organizations accepting day care home (DCH) providers affected by the closure of Four Winds Foundation. The waiver will allow the sponsoring organizations a lengthened amount of time to complete their initial facility review. The waiver is also requesting that the sponsoring organizations be allowed to submit claims during the transition period for the DCH providers who properly maintained documentation and meal pattern requirements. The waiver will go in effect immediately and expire on June 30, 2023.

The CDSS is requesting a waiver for Los Angeles Unified School District for the current labor dispute. The waiver will go in effect immediately until the end of the labor dispute.

Existing Waivers for the CACFP

For information about CACFP existing waivers, please visit the California Department of Social Services CACFP Waivers page.

Questions: Please contact your assigned Program Specialist which can be found on the CACFP Contact List.

This institution is an equal opportunity provider.
Esta institución es un proveedor que ofrece igualdad de oportunidades
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Contact Us

CDSS Child and Adult Care Food Program
744 P Street, MS 9-13-290
Sacramento, CA 95814
833-559-2418
CACFPInfo@dss.ca.gov

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