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Important Notice: Child Nutrition Program State Waiver Request
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Child Nutrition Programs are expected to be administered according to all statutory and regulatory requirements; waivers to the requirements are exceptions. However, Section 12(l) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1760(l), provides authority for USDA to waive requirements for State agencies or eligible service providers under certain circumstances. When requesting the waiver of statutory or regulatory requirements for the Child Nutrition Programs (CNPs), including the Child and Adult Care Food Program (CACFP), the Summer Food Service Program (SFSP), the National School Lunch Program (NSLP), the Fresh Fruit and Vegetable Program (FFVP), the Special Milk Program (SMP), and the School Breakfast Program (SBP), State agencies and eligible service providers should use this template. State agencies and eligible service providers should consult with their FNS Regional Offices when developing waiver requests to ensure a well-reasoned, thorough request is submitted. State agencies and eligible service providers are encouraged to submit complete waiver requests at least 60 calendar days prior to the anticipated implementation date. Requests submitted less than 60 calendar days prior to the anticipated implementation should be accompanied by an explanation of extenuating circumstances.

For more information on requests for waiving Program requirements, refer to SP 15-2018, CACFP 12-2018, SFSP 05-2018, Child Nutrition Program Waiver Request Guidance and Protocol- Revised, May 24, 2018.
 
1.State agency submitting waiver request and responsible State agency staff contact information: Chattanooga Area Food Bank
 
2.Region: South East Region
 
3.Eligible service providers participating in waiver and affirmation that they are in good standing: Chattanooga Area Food Bank
 
4.Description of the challenge the State agency is seeking to solve, the goal of the waiver to improve services under the Program, and the expected outcomes if the waiver is granted. [Section 12(l)(2)(A)(iii) and 12(l)(2)(A)(iv) of the NSLA]: This waiver request is to remove the meal time restrictions for summer sites. The removal of the requirement that three hours elapse between the beginning of one meal service, including snacks, and the beginning of another meal serviced allows for the development of the program and the opportunity to serve more meals. Many of the Chattanooga Area Food Bank’s SFSP sites depend on receiving a snack and lunch or a breakfast and lunch in order to feed the children in their program. They do not have the ability in their programmed day to wait the required 3 hours between service and will only be able to serve one meal per day, reducing the number of meals served by 50%. The goal of this waiver request is to allow children served at SFSP sites to continue to receive two meals a day.
 
5.Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]: The Chattanooga Area Food Bank is requesting to waive program regulations at 7CFR 225.169(c)(1) regarding meal times. Regulations require that three hours must elapse between the beginning of one meal service, including snacks, and the beginning of another meal service.
 
6.Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring: The Chattanooga Area Food Bank does not anticipate and impact on Program operation, including technology, State systems, and monitoring. The current monitoring system and regulations required for SFSP will be utilized to ensure sites are meeting the standards. The Chattanooga Area Food Bank will complete all required monitoring as in previous program years.
 
7.Description of any steps the State has taken to address regulatory barriers at the State level. [Section 12(l)(2)(A)(ii) of the NSLA]: The regulatory barriers for this provision are at the Federal level. The state of TN has successfully been granted a waiver to waive the time restrictions for Mobile SFSP Programs.
 
8.Anticipated challenges State or eligible service providers may face with the waiver implementation: The Chattanooga Area Food Bank does not anticipate any challenges with implementing this waiver, as it was in place for the previous year’s SFSP program without challenge.
 
9.Description of how the waiver will not increase the overall cost of the Program to the Federal Government. If there are anticipated increases, confirm that the costs will be paid from non-Federal funds. [Section 12(l)(1)(A)(iii) of the NSLA]: The Chattanooga Area Food Bank does not anticipate this waiver increasing the overall cost of the Program, as it was in place for the previous year’s SFSP Program.
 
10.Anticipated waiver implementation date and time period: SFSP 2019: May 2019-August 2019
 
11.Proposed monitoring and review procedures: SFSP sites will be monitored and reviewed as part of the SFSP required monitoring schedule. Approved SFSP sites and meal times will be listed as part of the Chattanooga Area Food Bank’s SFSP application.
 
12.Proposed reporting requirements (include type of data and due date(s) to FNS): A list of SFSP sites participating in the waiver to remove the meal time restriction will be provided with the SFSP application due by May 1, 2019. The number of meals served participating in the waiver will be reporting at the end of SFSP 2019 by September 1, 2019.