Child Nutrition and WIC Reauthorization Act of 2004

1

• Child Nutrition and WIC Reauthorization Act of
  2004
• Public Law 108-265
• Part 3
• Presentation originally delivered at the
• State Directors Meeting
• Kansas City, MO
• September 28-29, 2004
• Updated Nov 10, 2004
• USDA, FNS

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Duration of Eligibility for Free or Reduced Price
Meals Sec. 106

• Eligibility for free/ reduced price school meals
  remains valid for 1 year for most students
• Eligibility in effect upon approval for the
  current school year and ending on a date during
  the next school year determined by USDA

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Duration of Eligibility for Free or Reduced Price
Meals (cont.)

• Documentation for verification
• At any point in time between the month prior to
  application and the time documentation is required

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Duration of Eligibility for Free or Reduced Price
Meals (cont.)

• An exceptionfor caseswhereverificationactivit
  iesindicateineligibility.
• Effective July 1, 2004.
• Implementation memo issued.

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Runaways, Homeless, andMigrant Youth Sec. 107

• Extends categorical eligibility for free meals to
  youth who are
• Homeless
• Runaway
• Migrants

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Runaways, Homeless, andMigrant Youth (cont.)

• Documentation
• Often documentation is through Homeless Liaison
• Issued implementation memos
• Effective July 1, 2004

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Certification by Local Educational Agencies Sec.
108

• Certification by Local Educational Agencies
  (LEAs)
• Defines LEA as that in the Elementary and
  Secondary Education Act of 1965
• Changes school food authority to LEA for purposes
  of
• Certification
• Verification
• Effective upon enactment

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Permanent Exclusion of Privatized Military
Housing AllowancesSec. 109

• Sec 109 makes permanent the rule disregarding
  housing allowances for privatized housing.
• Effective July 1, 2004.

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Waiver of Requirement for Weighted Averages for
Nutrient Analysis Sec. 110

• Extends current waiver through September 30,
  2009.
• Memoissued.

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Food Safety, Section 111
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Food Safety Sec. 111

• Prior to Reauthorization, schools required to
  have at least one food safety inspection per year
  
• Inspection conducted by State or local agency
  responsible for such inspections

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Food Safety (cont.)

• Effective July 1, 2005, schools must have at
  least 2 inspections per year
• School must post most recent report and make
  available upon request

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Food Safety (cont.)

• State to annually audit food safety inspections
  of schools and
• report results to USDA
• FY 2006 through FY 2009
• USDA required to annually audit State reports

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Food Safety (cont.)

• Also requires that each SFA implement a school
  food safety program
• Must comply with HACCP system established by
  USDA
• Effective July 1, 2005

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Purchases of Locally Produced Foods Sec. 112

• Encourages purchases of locally produced foods.
• Currently unfunded.
• If funded, 400,000 annually through FY 2009.

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Special AssistanceProvisions 2 3 Sec. 113

• Adds district-wide claiming percentages for
  Provisions 2 and 3.
• Effective upon enactment.
• Issued implementation memorandum.

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Food and Nutrition Projects Integrated with
Elementary School Curricula Sec. 114

• Deletes provisions for grants for food and
  nutrition projects integrated with elementary
  school curricula.
• Effective upon enactment.

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Procurement Training Sec. 115

• Requires USDA to provide technical assistance and
  training on procurement practices to States and
  schools.
• Will include information
• To ensure compliance with Buy American
  requirements
• on procuring safe foods (including model
  specifications).
• 1 million discretionary funding authorized for
  each fiscal year 2005-2009 Not provided.

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Summer Food Service Program Section 116
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Summer Food Service Program Simplified Summer
Food Program

• Sec 116(f) makes the Simplified Summer Food
  Program permanent (formerly 14-State Lugar Pilot)

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Summer Food Service Program Simplified Summer
Food Program (cont.)

• Provides the maximum operating and administrative
  reimbursements (meals X rates)
• No cost comparisons
• Reimbursements can pay for any allowable Program
  cost

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Summer Food Service Program Simplified Summer
Food Program (cont.)

• Effective January 1, 2005
• Original 14 States continue AK, AR, ID, IN, IA,
  KS, KY, NE, NH, ND, OK, PR, TX, WY
• 6 new States may begin CO, LA, MI, MS, OH, OR
• Private non-profit sponsors in all 20 States are
  eligible

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Summer Food Service Program Seamless Summer
Option

• Section 116(a) added the Seamless Summer Option
  to the SFSP
• Available only to School Food Authorities
• Similar to NSLP, but provides meals during the
  summer months
• Effective upon enactment

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Seamless Overview What is the seamless waiver?

• Combines features of the NSLP, SBP, and SFSP
• Meals and snacks are reimbursed at NSLP and SBP
  free rates
• Eliminates applications
• Reduces SFSP administrative tasks

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Seamless Overview What does the waiver
accomplish?

• Purpose of the waiver is to encourage schools to
  feed more children in low-income areas during the
  summer and other times when school is not in
  session.

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Seamless Overview What makes the waiver
seamless?

• NSLP and SBP policy
• Meal patterns/menu selections
• Counting and claiming procedures
• Other administrative procedures

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Seamless Overview What makes the waiver
seamless?

• SFSP policy
• Types of sites
• Use of area eligibility
• Free meals to all 18 and under
• Number and types of meals allowed
• Times of operation

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Seamless Overview

• Uniquely seamless
• Reimbursement at NSLP/SBP free rates
• SFAs monitor sites within 3 weeks of start-up
• States must visit seamless site in CRE review of
  the SFA

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Seamless Overview How did the waiver get
started?

• FY 01, Five school districts were approved in CA
  and FL
• FY 02, waiver expanded nationwide
• FY 03, States authorized to approve
• FY 04, FNS extended waiver

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Seamless Overview Where does FNS go from here?

• States retain approval authority
• FNS will issue guidance in winter 2005
• Interim rule will be published

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Summer Food Service Program Rural
Transportation Grants

• Sec 116(d) establishes a limited rural
  transportation grant pilot
• No more than 5 States and no more than 60
  institutions
• 2 million in FY 2005 and 1 million in each of
  FYs 2006 and 2007

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Summer Food Service Program Rural
Transportation Grants (cont.)

• Interim report on the grants due to Congress on
  January 1, 2007
• Final report due to Congress on January 1, 2008

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Summer Food Service Program Pennsylvania Rural
Eligibility Pilot

• Sec 116(c) permits rural areas in Pennsylvania to
  determine site eligibility based upon 40 free
  and reduced price instead of 50
• Effective for calendar years 2005 and 2006 only

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Summer Food Service Program Pennsylvania Rural
Eligibility Pilot (cont.)

• Guidance to PA to be issued Winter 2005
• An evaluation of the project is due to Congress
  January 1, 2008
• 400,000 mandatory funding provided for the
  evaluation

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Commodity DistributionProgram Sec. 117

• Makes permanent USDAs authority to use section
  32 and Commodity Credit Corp. funds to
  maintainthe annually programmed level of
  commodity assistance.

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Notice of Irradiated Food Products Section 118
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Notice of Irradiated Food Products

• USDA to develop policies and procedures to ensure
  that
• Irradiated food products are made available only
  if requested by States and SFAs
• Reimbursements (subsidies) to schools for these
  products are equal to those for non-irradiated
  products

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Notice of Irradiated Food Products (cont.)

• Policy and procedures must also ensure that
  States and SFAs are provided factual information
  on the science and evidence regarding irradiation
  technology

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Notice of Irradiated Food Products (cont.)

• Information provided to schools must include
• Notice that irradiation is not a substitute for
  safe food handling techniques
• Other information to promote food safety

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Notice of Irradiated Food Products (cont.)

• USDA to provide model procedures to provide SFAs,
  parents and students
• Factual information on the science and evidence
  on irradiation technology
• Other food safety information

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Notice of Irradiated Food Products (cont.)

• Procedures must also ensure that irradiated food
  products provided by USDA are appropriately
  labeled with symbol or other printed notice
• Containers must have symbol/notice prominently
  displayed in clear and understandable format

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Notice of Irradiated Food Products (cont.)

• Irradiated food products are not commingled in
  containers with non-irradiated foods
• Schools that offer irradiated food products are
  encouraged to provide alternatives to irradiated
  foods

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Notice of Irradiated Food Products (cont.)

• Requirements in Reauthorization similar to policy
  and procedures already in place