Proposed Rule to Make Changes to the CACFP and SFSP Serious Deficiency Process

Proposed Rule to Make Changes to the CACFP and SFSP Serious Deficiency Process Blog Post

On February 21, 2024 the USDA Food and Nutrition Service published a proposed rule called “Serious Deficiency Process in the Child and Adult Care Food Program and Summer Food Service Program.” The proposed rule lays out a system for state agencies and sponsors to correct serious management problems and protect the integrity of the CACFP and SFSP.

What is a Proposed Rule?

It is an official document that announces and explains the plan to address a problem or accomplish a goal. In this case, the serious deficiency process in the CACFP and SFSP. Commenting on a proposed rule is crucial because comments received by the agency form the basis for a final rule.

What Does the Proposed Rule Say?

The proposed rule defines some key terms, establishes a timeline for how to correct serious management problems, and establishes criteria for determining when the serious deficiency process must be implemented. This rulemaking will also address termination for cause and disqualification, implementation of legal requirements for records maintained on individuals on the National Disqualified List, and participation of multi-state sponsoring organizations.

The full rule is very long and detailed, so you might also consider looking at the table the USDA put together to explain the major proposed changes. You can find that here.

How Do I Comment?

In order to comment on a proposed rule, you do not have to address every single aspect of the proposed rule and you don’t need to be an expert on the law. USDA is looking for feedback to determine how they should change the wording for their final rule in order to best serve the CACFP and SFSP community.

You have two options for submitting comments:

  1. Use the Federal eRulemaking Portal and follow the instructions
  2. Write a letter and mail it to:
    Kaur Sandhu
    Program Integrity and Innovation Division
    USDA Food and Nutrition Service
    1320 Braddock Place
    Alexandria, VA 22314.

Additional Resources

This blog post is a very brief overview. CACFP organizations, such as the CACFP Roundtable, bring together sponsors for important conversations. We encourage you to join in the discussion with your fellow CACFP operators! Check out their blog posts below!