Food and Nutrition Service 2007 – Federal Register Recent Federal Regulation Documents
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Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages
This interim rule revises regulations governing the WIC food packages to align the WIC food packages with the Dietary Guidelines for Americans (DGA) \1\ and current infant feeding practice guidelines of the American Academy of Pediatrics, better promote and support the establishment of successful long-term breastfeeding, provide WIC participants with a wider variety of food, and provide WIC State agencies with greater flexibility in prescribing food packages to accommodate participants with cultural food preferences.
Agency Information Collection Activities: Proposed Collection; Comment Request-Child Nutrition Database
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Food and Nutrition Service to request a revision of a currently approved collection. This collection is the voluntary submission of data including nutrient data from the food service industry to update and expand the Child Nutrition Database in support of the School Meals Initiative for Healthy Children.
Applying for Free and Reduced Price Meals in the National School Lunch Program and School Breakfast Program and for Benefits in the Special Milk Program and Technical Amendments
This interim rule amends the regulations on eligibility determinations for free and reduced price school meals to implement nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004. In this interim rule, the statutory definition of ``local educational agency'' is added. In addition, this interim rule specifies that a family only has to submit one application for all children in the household as long as they attend schools in the same local educational agency and requires enhancement of the descriptive materials distributed to families. This rule provides for electronically-submitted applications, addresses electronic signatures and establishes use and disclosure standards for such applications. This rule establishes that eligibility for free or reduced price school meals remains valid for one year unless the household chooses to decline a level of benefits. These changes are intended to provide children with increased access to the school nutrition programs by simplifying the certification process, streamlining program operations and improving program management.
Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Programs
The Food and Nutrition Service (FNS) is revising the regulations governing procedures related to the procurement of goods and services in the National School Lunch Program, School Breakfast Program and Special Milk Program to remedy deficiencies identified in audits and program reviews. This final rule makes changes in a school food authority's responsibilities for proper procurement procedures and contracts, limits a school food authority's use of nonprofit school food service account funds to costs resulting from proper procurements and contracts, and clarifies a State agency's responsibility to review and approve school food authority procurement procedures and contracts. This final rule also amends the Special Milk Program and School Breakfast Program regulations to make the procurement and contract requirements consistent with the National School Lunch Program regulations. These changes are intended to promote full and open competition in school food authority procurements, clarify State agency responsibilities, and ensure that only allowable contract costs are paid with nonprofit school food service account funds.
Emergency Food Assistance Program; Allocation Formula
This notice invites State and local agencies involved in the administration of The Emergency Food Assistance Program (TEFAP) and the general public to comment on the intent of the Department to modify the data sources used to calculate the formula for allocating TEFAP commodities and administrative funds among State agencies. Data sources currently used to allocate these resources have been used for a number of years. However, more accurate, reliable, and up-to-date data sources for gauging poverty and unemployment and, ultimately, each State's need for TEFAP commodities and administrative funds, are now available. Therefore, unless comments reveal a significant disadvantage to implementing these changes, the Department intends to allocate TEFAP commodities and administrative funds for fiscal year 2008 using these new data sources.
Agency Information Collection Activities: Proposed Collection; Comment Request Form FNS-648, WIC Local Agency Directory Report
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Food and Nutrition Service's (FNS) intention to request an extension for a currently approved information collection, the WIC Local Agency Directory Report.
Agency Information Collection Activities: Proposed Collection; Comment Request-Annual Report of State Revenue Matching
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public to comment on the proposed information collection in the Annual Report of State Revenue Matching. The State agencies use this form to report State revenues used specifically by State agencies for school nutrition program purposes. The proposed collection is an extension of a collection currently approved for the Form FNS-13, Annual Report of State Revenue Matching.
Agency Information Collection Activities: Proposed Collection; Comment Request-WIC National Universal Product Code (NUPC) Database
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public, and other public agencies to comment on a proposed information collection. This notice announces the Food and Nutrition Service's (FNS) intention to request Office of Management and Budget approval of the voluntary information collection process to be used in the National Universal Product Code (NUPC) database, an electronic national repository of Special Supplemental Nutrition Program for Women, Infants, and Children Program (WIC) eligible foods that have been authorized or approved by WIC State agencies. Section 203(e)(12) of the Child Nutrition and WIC Reauthorization Act of 2004 requires the Secretary to establish an NUPC database for use by State agencies in carrying out the program.
Agency Information Collection Activities: Proposed Collection; Comment Request-WIC Breastfeeding Peer Counseling Study
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection of data for the WIC Breastfeeding Peer Counseling Study. This study will assess the implementation of the Loving Support peer counseling program in State and local WIC agencies across the country.
Afterschool Snacks in the Child and Adult Care Food Program
This final rule incorporates into the Child and Adult Care Food Program (CACFP) regulations the provisions of the William F. Goodling Child Nutrition Reauthorization Act of 1998, which authorized afterschool care centers meeting certain criteria to be reimbursed for snacks served to at-risk children 18 years of age and younger. This rule establishes the eligibility of at-risk afterschool care centers to serve free snacks to children who participate in afterschool programs. The centers, which must be located in low-income areas, are reimbursed at the free rate for snacks. The intended effect of this rule is to support afterschool care programs through the provision of snacks that meet CACFP meal pattern requirements. The additional benefits provided by the 1998 reauthorization act and codified by this final rule were extended to institutions and children immediately after enactment. These changes were originally proposed by the Department in a rulemaking published on October 11, 2000.
Emergency Food Assistance Program; Availability of Commodities for Fiscal Year 2007
This notice announces the surplus and purchased commodities that the Department expects to make available for donation to States for use in providing nutrition assistance to the needy under the Emergency Food Assistance Program (TEFAP) in Fiscal Year (FY) 2007. The commodities made available under this notice must, at the discretion of the State, be distributed to eligible recipient agencies for use in preparing meals, and/or for distribution to households for home consumption.
Food Distribution Program: Value of Donated Foods from July 1, 2007 Through June 30, 2008
This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2008 (July 1, 2007 through June 30, 2008) for each lunch served by schools participating in the National School Lunch Program (NSLP), and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program (CACFP).
Child and Adult Care Food Program: National Average Payment Rates, Day Care Home Food Service Payment Rates, and Administrative Reimbursement Rates for Sponsoring Organizations of Day Care Homes for the Period July 1, 2007-June 30, 2008
This notice announces the annual adjustments to the national average payment rates for meals and supplements served in child care centers, outside-school-hours care centers, at-risk afterschool care centers, and adult day care centers; the food service payment rates for meals and supplements served in day care homes; and the administrative reimbursement rates for sponsoring organizations of day care homes, to reflect changes in the Consumer Price Index. Further adjustments are made to these rates to reflect the higher costs of providing meals in the States of Alaska and Hawaii. The adjustments contained in this notice are made on an annual basis each July, as required by the statutes and regulations governing the Child and Adult Care Food Program (CACFP).
National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates
This Notice announces the annual adjustments to the ``national average payments,'' the amount of money the Federal Government provides States for lunches, afterschool snacks and breakfasts served to children participating in the National School Lunch and School Breakfast Programs; to the ``maximum reimbursement rates,'' the maximum per lunch rate from Federal funds that a State can provide a school food authority for lunches served to children participating in the National School Lunch Program; and to the rate of reimbursement for a half-pint of milk served to non-needy children in a school or institution which participates in the Special Milk Program for Children. The payments and rates are prescribed on an annual basis each July. The annual payments and rates adjustments for the National School Lunch and School Breakfast Programs reflect changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers. The annual rate adjustment for the Special Milk Program reflects changes in the Producer Price Index for Fluid Milk Products.
Agency Information Collection Activities: Extension of Proposed Collection; Comment Request-Food Stamp Forms: Applications, Periodic Reporting, Notices
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed extension of this collection. The information collection requirement described in this notice is OMB Number 0584- 0064: Application and Certification of Food Stamp Households.
National Advisory Council on Maternal, Infant and Fetal Nutrition; Notice of Meeting
Pursuant to the Federal Advisory Committee Act, this notice announces a meeting of the National Advisory Council on Maternal, Infant and Fetal Nutrition.
Agency Information Collection Activities: Proposed Collection; Comment Request-Enhancing Food Stamp Certification: Food Stamp Modernization Efforts
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This notice announces the Food and Nutrition Service's (FNS) intent to request approval from the Office of Management and Budget (OMB) for new information collection. The Food and Nutrition Service plans to systematically examine the range of efforts States are undertaking to enhance food stamp certification and modernize the Food Stamp Program (FSP). This review will consist of a qualitative study relying on the responses of State and local food stamp staff, partners, food stamp applicants and participants, and eligible non-participants and a quantitative study using extant data. Information obtained will inform FNS policy discussions, provide technical and procedurally relevant information to States, and provide a comprehensive and centralized source of information for assessing ways to improve food stamp certification and respond efficiently to the variety of stakeholder queries received.
Agency Information Collection Activities: Proposed Collection; Comment Request: Direct Verification Pilot Study
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection for purposes of the National School Lunch Program's Direct Verification Pilot Study.
Data Collection Related to the Participation of Faith-Based and Community Organizations
This final rule is part of the Department's effort to fulfill its responsibilities under the Faith-Based and Community Initiative pursuant to Executive Orders 13279 and 13280. Under this rule, State agencies will collect and report information related to institutions and organizations that participate in specified Food and Nutrition Service (FNS) nutrition assistance programs. This information will be a new collection for the affected programs. It will enable FNS to identify the faith-based and community organizations participating in Federal nutrition assistance programs and determine the level of participation of faith-based and community organizations in the programs. It will not adversely impact the application or participation of any organization or institution currently participating in, or seeking to participate in, FNS nutrition assistance programs.
Agency Information Collection Activities: Proposed Collection; Comment Request -Food Stamp Program, Form FNS-46, Issuance Reconciliation Report
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections.
Agency Information Collection Activities: Extension of Proposed Collection; Comment Request-Food Stamp Program State Agency Options
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed extension of this collection relating to State agency calculations of household expenses for Food Stamp Program purposes. The information collection requirement described in this notice is OMB Number 0584-0496: State Agency Options.
Agency Information Collection Activities: Proposed Collection; Comment Request; Food Stamp Program: Federal Collection of State Plan of Operations, Operating Guidelines and Forms
In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) is publishing for public comment, a summary of a proposed information collection relating to several State Agency Food Stamp Program administrative matters. The proposed collection is a revision of a collection currently approved under OMB No. 0584-0083.
Agency Information Collection Activities: Proposed Collection; Comment Request; Food Stamp Program Regulations, Part 275-Quality Control
As required by the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collection for Food Stamp Program Regulations, Part 275Quality Control. Specifically, this is the burden associated with the collection of information for the sampling plan, the arbitration process, and the good cause process. This proposed collection is a revision of a collection currently approved under OMB No. 0584-0303.
Senior Farmers' Market Nutrition Program Regulations; Announcement of Approval and Compliance Date, With Technical Amendment
The provisions of the final rule entitled Senior Farmers? Market Nutrition Program Regulations published on December 12, 2006, contained information collection requirements that required approval by the Office of Management and Budget (OMB). This document announces the approval date of the provisions contained in the final rule and amends the final rule to include the OMB Control Number assigned to the information collection burden.
Food Stamp Program: Revisions to Bonding Requirements for Violating Retail and Wholesale Food Concerns
This action proposes to revise the current bonding requirements imposed against participating retailers and wholesalers who have violated the Food Stamp Program rules and regulations. Currently, all violating retailers and wholesalers that are disqualified for a specified period of time or have a civil money penalty imposed in lieu of a disqualification for a specified period of time are required to submit a valid collateral bond usually on an annual basis if they wish to continue to participate in the Food Stamp Program. Over the years, securing a collateral bond has become increasingly more difficult for retailers and wholesalers to obtain. Thus, the intent of this proposed rule is to revise the current requirement in order to help alleviate the financial burden to those retailers and wholesalers who are required to submit such a bond and also to reduce the recordkeeping burden with respect to the FNS field offices which have to keep track of the expirations and renewals of these bonds. This proposed rule would also place in the Food Stamp Program regulations the longstanding policy FNS has adopted to accept irrevocable letters of credit in lieu of collateral bonds. Lastly, this rule would establish a specified period of time for retailers and wholesalers to be removed from the program for accepting food stamp benefits in payment for eligible food on credit, a violation of the Food Stamp Program regulations.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Income Eligibility Guidelines
The Department announces adjusted income eligibility guidelines to be used by State agencies in determining the income eligibility of persons applying to participate in the Special Supplemental Nutrition Program for Women, Infants and Children Program (WIC). These income eligibility guidelines are to be used in conjunction with the WIC Regulations.
Disclosure of Children's Free and Reduced Price Meals and Free Milk Eligibility Information in the Child Nutrition Programs
This final rule establishes requirements for the disclosure of children's free and reduced price meals or free milk eligibility information under the Child Nutrition Programs. The Child Nutrition Programs include the National School Lunch Program, School Breakfast Program, Special Milk Program, Summer Food Service Program, and Child and Adult Care Food Program. Within certain limitations, children's free and reduced price meal or free milk eligibility information may be disclosed, without parental/guardian consent, to persons directly connected to certain education programs, health programs, means-tested nutrition programs, the Comptroller General of the United States, and some law enforcement officials. Additionally, officials also may disclose children's free and reduced price meal or free milk eligibility information to persons directly connected with State Medicaid (Medicaid) and the State Children's Health Insurance Program (SCHIP) when parents/guardians do not decline to have their information disclosed. These regulations affect State agencies and local program operators that administer the Child Nutrition Programs and households which apply for and/or are approved for free and reduced price meals or free milk. The final rule reflects the disclosure provisions of the Healthy Meals for Healthy Americans Act of 1994 and comments received on the proposed rule published in anticipation of implementing those provisions. Additionally, this final rule includes the regulatory disclosure provisions implementing the Agricultural Risk Protection Act of 2000 and comments received on the interim rule issued to implement those provisions. This final rule also implements nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004, allowing certain third party contractors access to children's eligibility status and will allow school officials to communicate with Medicaid and SCHIP officials to verify that children are eligible for free and reduced price school meals or free milk. The disclosure provisions are intended to reduce paperwork for administrators of certain programs that target low-income households and for low-income households which may benefit from those programs by allowing some sharing of household's free and reduced price meal eligibility information. This rule also includes several technical amendments.
Agency Information Collection Activities: Proposed collection; Comment Request-Evaluation of the Nebraska Rural Area Eligibility Determination for Day Care Homes Pilot
In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) invites the general public and other public agencies to comment on this proposed information collection. This notice announces FNS' intent to request from the Office of Management and Budget (OMB) approval to collect information for the evaluation of impacts of the Rural Area Eligibility Determination for Day Care Homes Pilot in Nebraska.
Agency Information Collection Activities: Proposed Collection; Comment Request-Child and Adult Care Food Program (CACFP) Meal Claiming Data Collection Pilot Project-Data Collection Instrument
In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) invites the general public and other public agencies to comment on this proposed information collection. This notice announces FNS' intent to request from the Office of Management and Budget (OMB) approval of the data collection instrument for the CACFP Meal Claiming Data Collection Pilot Project.
Child Nutrition Programs-Income Eligibility Guidelines
This Notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced price meals and free milk for the period from July 1, 2007 through June 30, 2008. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index.
Summer Food Service Program for Children; Program Reimbursement for 2007
This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children (SFSP). These adjustments reflect changes in the Consumer Price Index and are required by the statute governing the Program. In addition, further adjustments are made to these rates to reflect the higher costs of providing meals in the States of Alaska and Hawaii, as authorized by the William F. Goodling Child Nutrition Reauthorization Act of 1998.
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