Family Nutrition Bureau – Public Notice

New Mexico Early Childhood Education and Care Department is seeking a waiver for the Summer Food Service Program from the United States Department of Agriculture, Food and Nutrition Service. The purpose of this waiver is to support community organizations in providing meals to children at times when summer temperatures may be extreme and no alternate temperature-controlled location for meal service is available.

This summer the State has already experienced several days in the high 90’s. While future weather is unknown, there is a strong possibility that temperatures may soon become extreme such that the wellbeing of participants may warrant precautions.

This waiver will allow for a non-congregate meal service so participants can take their meals off-site to avoid exposure to extreme heat in outside service locations when heat advisories, watches or warnings have been issued by the National Weather Service (NWS).

This waiver applies to the regulation found at 7 CFR, Part 225.6(e)(15) which requires the on-site consumption of meals and will be in effect through September 30, 2022.

CACFP 5 Wavier

New Mexico Early Childhood Education and Care Department is seeking five waivers for the Child and Adult Care Food Program from the United States Department of Agriculture, Food and Nutrition Services. The purpose of these waivers is to support schools, child care centers and communities in providing meals to children in areas where restrictions may be in place in response to COVID-19. On March 11, 2020, New Mexico State Governor Michelle Lujan Grisham declared a State of Public Health Emergency for the State of New Mexico and the Cabinet Secretary for the New Mexico Department of Health issued a Public Health Declaration on March 12, 2020 to limit mass gatherings due to COVID-19.  Although the conditions have improved considerably since that time, there continue to be situations and locations where the increase in infection rates warrants taking precautions or imposing restrictions.

The first waiver would allow for a non-congregate meal service that would limit participants’ interaction and proximity to other participants and therefore decrease the risk of COVID-19 exposure, while using school and non-school settings as non-congregate meal sites. Waiver applies to regulations found at 7 CFR 226.19(b)(6)(iii). Waiver duration would be in effect 7-1-22 ending 6-30-23

The second waiver would allow parents or guardians to pick up meals for children instead of bringing the children to the meal site. Waiver applies to regulations found at 7 CFR 226.2 (Meals). Waiver duration would be in effect 7-1-22 ending 6-30-23.

The third waiver would allow for flexibility in setting meal times Waiver applies to regulations found at 7 CFR 226.20(k) and would be in effect during the period 7-1-22 ending 6-30-23.

The fourth waiver would allow the state agency to overcome administrative challenges resulting from COVID-19 and to appropriately allocate their limited staffing resources to ensure safe service of meals to children by waiving the requirement for on-site monitoring administrative reviews. Waiver applies to regulations found at 7 CFR 226.6(b)(1) and 226.6(m)(6) and would be in effect 7-1-22 ending 6-30-23.

The fifth waiver would allow the local program operators to overcome administrative challenges resulting from COVID-19 and to appropriately allocate their limited staffing resources to ensure safe service of meals to children by waiving the requirement for on-site monitoring and administrative reviews. Waiver applies to regulations found at 7 CFR 226.16(d)(4)(iii) and would be in effect 7-1-22 ending 6-30-23.

SFSP 6 Wavier

New Mexico Early Childhood Education and Care Department is seeking six waivers for the Summer Food Service Program from the United States Department of Agriculture, Food and Nutrition Services. The purpose of these waivers is to support communities in providing meals to children in areas where restrictions may be in place in response to COVID-19. On March 11, 2020, New Mexico State Governor Michelle Lujan Grisham declared a State of Public Health Emergency for the State of New Mexico and the Cabinet Secretary for the New Mexico Department of Health issued a Public Health Declaration on March 12, 2020 to limit mass gatherings due to COVID-19.  Although the conditions have improved considerably since that time, there continue to be situations and locations where the increase in infection rates warrants taking precautions

The first waiver would allow for a non-congregate meal service that would limit participants’ interaction and proximity to other participants and therefore decrease the risk of COVID-19 exposure, while using school and non-school settings as non-congregate meal sites. Waiver applies to regulations found at 7 CFR 225.6(e)(15) Waiver duration would be in effect for the summer of 2022 ending 9-30-22.

The second waiver would allow parents or guardians to pick up meals for children instead of bringing the children to the meal site. Waiver applies to regulations found at Waiver duration would be in effect for the summer of 2022 ending 9-30-22.

The third waiver would allow for non-congregate meal service during unanticipated school closures. Waiver applies to regulations found at 7 CFR 225.6(e)(15) and would be in effect during the period Oct 1, 2022 to April 30, 2023

The fourth waiver would allow for Parent or Guardian pick up of meals at meal sites during unanticipated school closures. Waiver applies to regulations found at 7 CFR 225.2 (Meals), and 225.9(d)(7) and would be in effect during the period Oct 1, 2022 to April 30, 2023

The fifth waiver would allow for flexibility in setting meal times during unanticipated school closures. Waiver applies to regulations found at 7 CFR 225.16(c)(1) and 225.16(c)(2) and would be in effect during the period Oct 1, 2022 to April 30, 2023.

The sixth waiver would allow for meals to be served at school sites during unanticipated school closures. Waiver applies to regulations found at 7 CFR 225.6(d)(1)(iv) and would be in effect during the period Oct 1, 2022 to April 30, 2023.

New Mexico Children, Youth and Families Department is seeking two waivers from the United States Department of Agriculture, Food and Nutrition Services. The purpose of these waivers is to support schools, child care facilities and communities in providing meals to children in areas affected as a result of the Public Health Emergency due to COVID 19. On March 11, 2020, New Mexico State Governor Michelle Lujan Grisham declared a State of Public Health Emergency for the State of New Mexico and the Cabinet Secretary for the New Mexico Department of Health issue a Public Health Declaration on March 12, 2020 to limit mass gatherings due to COVID-19. The first waiver would allow local At-Risk Centers to continue to meet the urgent need of childhood hunger in New Mexico by requesting At-Risk Providers to continue to operate continuously until September 30, 2020. The Second request is to waive Income Eligibility Requirements and reimburse meals at the Free rate for all child care providers in New Mexico who are providing services to First responders and essential workers who still depend on child care for their children.

• Waiver Request COVID-19 – At Risk Continuous Operation (PDF)
• Waiver Request COVID-19 – IEAs Free (PDF)

New Mexico Children, Youth and Families Department and the Public Education Department are seeking a waiver from the United States Department of Agriculture, Food and Nutrition Services. The purpose of this waiver is to support schools, child care facilities and communities in providing meals to children in areas experiencing school closures in response to COVID-19. On March 11, 2020, New Mexico State Governor Michelle Lujan Grisham declared a State of Public Health Emergency for the State of New Mexico and the Cabinet Secretary for the New Mexico Department of Health issue a Public Health Declaration on March 12, 2020 to limit mass gatherings due to COVID-19. This waiver would allow schools in areas not designated as high need to cover meals to students under the Emergency School Closure provision of the Summer Food Service Program or Seamless Summer Options.

New Mexico Children, Youth and Families Department and the Public Education Department are seeking two waivers from the United States Department of Agriculture, Food and Nutrition Services. The purpose of these waivers is to support schools, child care facilities and communities in providing meals to children in areas experiencing school closures in response to COVID-19. On March 11, 2020, New Mexico State Governor Michelle Lujan Grisham declared a State of Public Health Emergency for the State of New Mexico and the Cabinet Secretary for the New Mexico Department of Health issue a Public Health Declaration on March 12, 2020 to limit mass gatherings due to COVID-19.

The first waiver would allow for a non-congregate meal service that would limit participants’ interaction and proximity to other participants and therefore decrease the risk of COVID-19 exposure, while using school and non-school settings as non-congregate meal sites.

The second waiver would allow sponsors to have flexibilities to the meal pattern.

On October 11, 2018, USDA provided guidance regarding the status of nationwide waivers of statutory and regulatory requirements in the Summer Food Service Program (SFSP) (SFSP 01-2019), Summer Food Service Program Memoranda Rescission. This guidance rescinded many waivers intended to streamline operation of SFSP.

SFSP is utilized by low-income families who may miss meals in order to take their children to the doctor, apply for or comply with public assistance programs, or take class at the local WIC office. NM CYFD believes this rescission will create inefficiencies and may inhibit Sponsors’ ability to provide access to food for those in need. As a result, NM CYFD is requesting statewide waivers from USDA of the federal regulations listed below.

• The requirement that three hours must elapse between the beginning of one meal service, including snacks, and the beginning of another, except that four hours must elapse between the service of a lunch and supper when no snack is served between lunch and supper and the requirement that the service of supper may not extend beyond 8 p.m. [7 CFR 225.16(c)(1)]. NM CYFD would continue to require sponsors to establish meal time for each site and provide this information to the agency to allow for effective oversight.  Notwithstanding unanticipated events outside a sponsor’s control, meals must be served within the approved meal service times in order to be claimed for reimbursement and for the cost associated with meals to be covered by SFSP funds. Unanticipated events may include, but are not limited to: late deliveries, bus breakdowns, and traffic delays.
• The requirement that the duration of meal service shall be limited to two hours for lunch or supper and one hour for all other meals [7 CFR 225.16(c)(2)].