SFSP 12l Waiver Request - 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 waivers to serve non-congregate meals, allow parent pick up and have flexible meals times when there is excessive heat or poor air quality on a case-by-case basis. Note: if meal times are changed, they cannot be changed less than 24 hours in advance of the previously scheduled meal time. For questions, contact your CDE point of contact.

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Air quality waivers may only be used on days when the area is experiencing an Air Quality Index (AQI) “purple” flag or higher. Please check the box to confirm the meal site location meets this requirement. Sponsors must maintain documentation of the AQI per recordkeeping requirements.

Excessive heat waivers may only be used on days when the National Weather Service (NWS) has issued a Heat Advisory, an Excessive Heat Warning, or an Excessive Heat Watch. Please check the box to confirm the meal site location meets this requirement. Sponsors must maintain documentation of excessive heat per recordkeeping requirements.

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This includes processes to ensure that meals are only distributed to parents or guardians of eligible children, and that duplicate meals are not distributed to any child.

Examples: storage and reheating instructions, shelf stable meals, special packaging, or other.

All SFSP program requirements must be maintained, including but not limited to meal patterns, civil rights, and special dietary needs. Sponsors must ensure that only the allowable number of approved meals are served and that duplicate meals are not distributed to any child.

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