Food and Nutrition Service February 2013 – Federal Register Recent Federal Regulation Documents

Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Implementation of the Electronic Benefit Transfer-Related Provisions of Public Law 111-296
Document Number: 2013-04216
Type: Proposed Rule
Date: 2013-02-28
Agency: Department of Agriculture, Food and Nutrition Service
This proposed rule would revise regulations governing the WIC Program, incorporating the provisions set forth in the Healthy, Hunger- Free Kids Act of 2010 (HHFKA) related to Electronic Benefit Transfer (EBT) for the WIC Program. The HHFKA was signed into law by President Obama on December 13, 2010.
Child Nutrition Programs: Nondiscretionary Amendments Related to the Healthy, Hunger-Free Kids Act of 2010
Document Number: 2013-04116
Type: Rule
Date: 2013-02-28
Agency: Department of Agriculture, Food and Nutrition Service
This final rule implements several nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010, including those related to categorical eligibility for foster children, removal of limits on private nonprofit sponsors, outreach to eligible families, simplification of area eligibility for day care homes, application of school food safety requirements, and permanent agreements for institutions and sponsors. These provisions will make it easier for children to get nutritious meals when they are away from home, while requiring State and local agencies to make relatively minor changes in the procedures they use to operate the National School Lunch Program, Special Milk Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Food Service Program.
National School Lunch Program: Direct Certification Continuous Improvement Plans Required by the Healthy, Hunger-Free Kids Act of 2010
Document Number: 2013-04118
Type: Rule
Date: 2013-02-22
Agency: Department of Agriculture, Food and Nutrition Service
This rule amends the National School Lunch Program (NSLP) regulations to incorporate provisions of the Healthy, Hunger-Free Kids Act of 2010 designed to encourage States to improve direct certification efforts with the Supplemental Nutrition Assistance Program (SNAP). The provisions require State agencies to meet certain direct certification performance benchmarks and to develop and implement continuous improvement plans if they fail to do so. This rule also amends NSLP and SNAP regulations to provide for the collection of data elements needed to compute each State's direct certification performance rate to compare with the new benchmarks. Improved direct certification efforts would help increase program accuracy, reduce paperwork for States and households, and increase eligible children's access to school meals.
Supplemental Nutrition Assistance Program: Suspension of SNAP Benefit Payments to Retailers
Document Number: 2013-04037
Type: Proposed Rule
Date: 2013-02-22
Agency: Department of Agriculture, Food and Nutrition Service
Integrity in the Supplemental Nutrition Assistance Program (SNAP) is a primary Program concern. This proposed rule codifies a provision of the Food, Conservation, and Energy Act of 2008 (FCEA) which authorizes the Department to suspend the payment of redeemed SNAP benefits to certain retail food stores or wholesale food concerns pending administrative action to disqualify the firms for fraudulent activity. In this proposed rule, the Department is also clarifying that, in all trafficking cases, requests for extensions to reply to charges of trafficking shall not be granted and that Freedom of Information requests will be completed separate from the administrative sanction process to prevent retailer-caused delays in the issuance of a final determination. Further, under existing authority in the Food and Nutrition Act of 2008 (hereinafter referred to as ``the Act''), the Department is proposing several changes to enhance retailer business integrity requirements.
Supplemental Nutrition Assistance Program (SNAP): Updated Trafficking Definition and Supplemental Nutrition Assistance Program-Food Distribution Program on Indian Reservations Dual Participation
Document Number: 2013-04044
Type: Rule
Date: 2013-02-21
Agency: Department of Agriculture, Food and Nutrition Service
The Food and Nutrition Service (FNS) is changing the Supplemental Nutrition Assistance Program (SNAP or Program) regulations pertaining to SNAP client benefit use, participation of retail food stores and wholesale food concerns in SNAP, and SNAP client participation in the Food Distribution Program on Indian Reservations (FDPIR). These changes to SNAP regulations address mandatory provisions of the Food, Conservation, and Energy Act of 2008, Public Law 110-246 (hereinafter referred to as ``the 2008 Farm Bill'') to allow for the disqualification of a SNAP client who intentionally obtains cash by purchasing, with SNAP benefits, products that have container deposits, subsequently discarding the product, and returning the container(s) in exchange for cash refund of deposit(s); or who intentionally resells or exchanges products purchased with SNAP benefits for purposes of obtaining cash and/or other non-eligible items. Through existing authority under the Food and Nutrition Act of 2008, FNS is also stipulating penalties for certain Program abuses committed by retailers. These abuses include stealing of SNAP benefits, by retailers, without client complicity, and other forms of trafficking through complicit arrangements between the retailer and the SNAP client. Examples of the latter would be the purchase, by retailers, of products originally purchased by clients with SNAP benefits and re-sold to stores in exchange for cash or other non-eligible items; or retailers taking possession of SNAP client cards and PINs, using the SNAP benefits to purchase stock for the store, and subsequently returning the card and PIN to the client with cash or other non- eligible items provided in exchange for having used the SNAP benefit. FNS is also addressing the mandatory 2008 Farm Bill provisions requiring disqualification in SNAP when an individual is disqualified from FDPIR, and under existing authority, clarifying the prohibition against dual participation in SNAP and FDPIR.
Agency Information Collection Activities: Proposed Collection; Comment Request-Evaluation of the Demonstrations of National School Lunch and School Breakfast Program (NSLP/SBP) Direct Certification of Children Receiving Medicaid Benefits
Document Number: 2013-03470
Type: Notice
Date: 2013-02-14
Agency: Department of Agriculture, Food and Nutrition Service
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. This is a new collection for Evaluation of the Demonstrations of NSLP/SBP (National School Lunch Program/School Breakfast Program) Direct Certification of Children Receiving Medicaid Benefits.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program: State Issuance and Participation Estimates-Forms FNS-388 and FNS-388A
Document Number: 2013-03340
Type: Notice
Date: 2013-02-14
Agency: Department of Agriculture, Food and Nutrition Service
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. The proposed collection is a revision of a currently approved collection for the Supplemental Nutrition Assistance Program (SNAP) for the form FNS-388, State Issuance and Participation Estimates, and FNS-388A, Project Area Data Format.
National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010
Document Number: 2013-02584
Type: Proposed Rule
Date: 2013-02-08
Agency: Department of Agriculture, Food and Nutrition Service
This rule proposes to amend the National School Lunch Program and School Breakfast Program regulations consistent with amendments made in the Healthy, Hunger-Free Kids Act of 2010 (HHFKA). The HHFKA requires that the Secretary promulgate proposed regulations to establish nutrition standards for foods sold in schools other than those foods provided under the Child Nutrition Act of 1966 (CNA) and the Richard B. Russell National School Lunch Act (NSLA). The HHFKA amends the CNA, requiring that such standards shall be consistent with the most recent Dietary Guidelines for Americans and that the Secretary shall consider authoritative scientific recommendations for nutrition standards; existing school nutrition standards, including voluntary standards for beverages and snack foods; current State and local standards; the practical application of the nutrition standards; and special exemptions for infrequent school-sponsored fundraisers (other than fundraising through vending machines, school stores, snack bars, a la carte sales and any other exclusions determined by the Secretary). The HHFKA also amended the NSLA to require that schools participating in the National School Lunch Program make potable water available to children at no charge in the place where lunches are served during the meal service. These proposed changes are intended to improve the health and well-being of the Nation's children, increase consumption of healthful foods during the school day and create an environment that reinforces the development of healthy eating habits.
Emergency Food Assistance Program; Availability of Foods for Fiscal Year 2013
Document Number: 2013-02255
Type: Notice
Date: 2013-02-04
Agency: Department of Agriculture, Food and Nutrition Service
This notice announces the surplus and purchased foods 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) 2013. The foods made available under this notice must, at the discretion of the State, be distributed to eligible recipient agencies (ERAs) for use in preparing meals and/or for distribution to households for home consumption.
Agency Information Collection Activities: Proposed Collection; Comment Request-State Administrative Expense Funds Regulations
Document Number: 2013-02254
Type: Notice
Date: 2013-02-04
Agency: Department of Agriculture, Food and Nutrition Service
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 related to State administrative expense funds expended in the operation of the Child Nutrition Programs (7 CFR parts 210, 215, 220, 226 and 250) administered under the Child Nutrition Act of 1966. This collection is a revision of a currently approved collection.
Summer Food Service Program; 2013 Reimbursement Rates
Document Number: 2013-02231
Type: Notice
Date: 2013-02-04
Agency: Department of Agriculture, Food and Nutrition Service
This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children. These adjustments address changes in the Consumer Price Index, as required under the Richard B. Russell National School Lunch Act. The 2013 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures. The 2013 rates are also presented individually, as separate operating and administrative rates of reimbursement, to show the effect of the Consumer Price Index adjustment on each rate.