SFSP 12l Waiver Request - Excessive Heat and Air Quality

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 USDA authority to waive requirements under certain circumstances.


Summer Food Service sponsors, in good standing, may apply to use flexibilities at outdoor sites without alternative service options when there is excessive heat or poor air quality on a case-by-case basis. These flexibilities include serving non-congregate meals, allowing parent pick up and having flexible meals times. Note: if meal times are changed, they cannot be changed less than 24 hours in advance of the previously scheduled meal time.

  • Excessive heat means the National Weather Service has issued a Heat Advisory, an Excessive Heat Warning, or an Excessive Heat Watch.
  • Poor air quality means the site's zip code has an Air Quality Index (AQI) that reaches a purple flag level or higher.


View the USDA Waivers & Guidance list for additional information. For questions, contact your CDE point of contact.



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