Food and Nutrition Service December 2023 – Federal Register Recent Federal Regulation Documents

The Consolidated Appropriations Act, 2023 requires the Secretary of Agriculture to make available an option to States to provide summer meals for non-congregate meal service in rural areas with no congregate meal service and to establish a permanent summer electronic benefits transfer for children program (Summer EBT) for the purpose of ensuring continued access to food when school is not in session for the summer. This interim final rule amends the Summer Food Service Program (SFSP) and the National School Lunch Program's Seamless Summer Option (SSO) regulations to codify the flexibility for rural program operators to provide non-congregate meal service in the SFSP and SSO, collectively referred to as the summer meal programs. This rule also establishes regulations and codifies the Summer EBT Program in the Code of Federal Regulations.

The U.S. Department of Agriculture proposed to make changes to the Supplemental Nutrition Assistance Program's Quality Control (SNAP QC) system to strengthen and improve the integrity and accuracy of the system and to better align SNAP QC with requirements in the Payment Integrity Information Act of 2019 (PIIA). When published, the proposed rule included an incorrect email address for comments; the reopening of the comment period is intended to allow additional time for the public to submit comments in the event the original comment submission was returned as undeliverable due to the incorrect email address.

This rule finalizes provisions of a proposed rule published on June 27, 2022. With this final rule, the Food and Nutrition Service (FNS) is revising Supplemental Nutrition Assistance Program (SNAP) regulations that cover collecting and reporting race and ethnicity data by State agencies on persons receiving benefits from SNAP. This rule removes regulatory language that provides an example that State agencies might collect race and ethnicity data by observation (also referred to as ``visual observation'') when participants do not voluntarily provide the information on the application form. In addition, based on feedback from the commenters, this rule prohibits using visual observation as a data collection method for race and ethnicity. Through this rulemaking, FNS intends to improve the quality of data collected for purposes of Federal civil rights law and policy including title VI of the Civil Rights Act of 1964. USDA's Food and Nutrition Service is committed to promoting equity and inclusion through its Federal nutrition assistance programs. This regulatory change is consistent with this Administration's priorities and furthers FNS' commitment to building equitable and inclusive systems for nutrition access.

In accordance with the Paperwork Reduction Act of 1995 (PRA), this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection for the reporting and recordkeeping burden associated with the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Farmers' Market Nutrition Program (FMNP) regulations.