Policy Memo 101H

DOH-CACFP: Number 101H (01/05) - Supersedes Number 72H (08/02)

TO: All CACFP Sponsoring Organizations of Day Care Homes

FROM: Jeanne Culver, State Director - Child and Adult Care Food Program

SUBJECT: CACFP 2nd Interim Federal Regulations: Improving Management and Program Integrity

  1. Purpose and Scope

    The purpose of this memorandum is to provide all CACFP sponsoring organizations of day care homes with a copy of the recently issued interim federal regulations governing the Child and Adult Care Food Program. Many of the provisions of the rule became effective on October 1, 2004. Other provisions will take effect on April 1, 2005 or October 1, 2005. The provisions, and their effective dates, are detailed in Attachment 1.

  2. Background Information

    1. The enclosed Code of Federal Regulations, 7 CFR Part 226, was published on September 1, 2004. These 2nd interim regulations guide the operation of the New York State Child and Adult Care Food Program. All sponsoring organizations are expected to operate consistent with these new regulations, effective immediately.

    2. Comments on these interim regulations will be accepted if postmarked, faxed or emailed on or before September 1, 2005. Comments should be addressed to Mr. Robert Eadie, Chief, Policy and Program Development Branch, Child Nutrition Division, Food and Nutrition Service, Department of Agriculture, 3101 Park Center Drive, Room 634, Alexandria, Virginia 22302-1594. Faxed comments should be sent to Mr. Robert Eadie at 1-703-305-2879. Email comments should be addressed to CNDPROPOSAL@FNS.USDA.GOV.

  3. Summary of Changes

    This 2nd interim rule incorporates provisions of the first interim rule published on June 27, 2002 and puts into effect discretionary provisions detailed in the Child Nutrition Reauthorization Act of 1998, the Agriculture Risk Protection Act of 2000, the Grain Standards and Warehouse Improvement Act of 2000.
    These regulations include several changes which affect family day care home sponsors and providers. The rule describes the content of sponsor monitoring visits, adds new enrollment requirements for children in care, requires food stamp recipient reporting, and clarifies sponsor training requirements. The 2nd interim regulations also describe requirements for checking provider claims and following-up when block claims are identified. Enclosed you will find a narrative summary of the major provisions of the interim rule organized by the date when they take effect (Attachment 1). The changes are shaded on the enclosed copy of the interim regulations.

If you have any questions about this policy or the enclosed interim federal regulations, please contact a CACFP day care homes nutritionist at 1-800-942-3858.