Prospective Waiver Requests

Arizona is being considered for the following Prospective Waiver Requests:


Summer Food Service Program and Seamless Summer Option (School buildings are closed with no virtual learning): The waivers in this section apply to SFSP and SSO during school closures, when school buildings are closed, and virtual classes are not offered. These waivers would be effective through June 30, 2026. 

  • Non-Congregate Meal Service [NSLA 42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), the Child Nutrition Act, 42 U.S.C. 1173(b)(1)(A) and 7 CFR 225.6(i)(15)] 
  • Meal Service Times [7 CFR 210.10(l), 7 CFR 220.8(l),7 CFR 225.16(c)(1), (2), and (3)]  
  • Parent and Guardian Meal Pick Up [NSLA 42 U.S.C. 1761(f)(3) and 7 CFR 210.10(a), 7 CFR 220.2 (Breakfast), 7 CFR 220.8(a), 7 CFR 225.2 (Meals), and 7 CFR 225.9(d)(7)] 
  • Service of Meals at School Sites for Unanticipated School Closures [42 U.S.C. 1761(c)(1) and 7 CFR 225.6(h)(1)(iv)] 

 

Summer Food Service Program and Seamless Summer Option: The waivers in this section allow State agencies to approve SFSP and SSO sponsors, in good standing, to operate outdoor meal sites without temperature-controlled alternative sites as non-congregate sites on days when the National Weather Service (NWS) has issued a Heat Advisory, an Excessive Heat Warning, or an Excessive Heat Watch for the area where the site is located. These waivers are effective May 1, 2026, through September 30, 2026.*

  • Non-Congregate Meal Service: [42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), and 7 CFR 225.6(i)(15)], meals must be served in a congregate setting and must be consumed by participants on site.
  • Meal Service Times: [7 CFR 225.16(c)(1), (2), and (3)], Meals must follow meal service time requirements.
  • Parent or Guardian Meal Pickup: 42 U.S.C. 1761(f)(3), 7 CFR 225.2 (Meals), and 7 CFR 225.9(d)(7)], meals must be served to eligible children.

 

Summer Food Service Program: The waiver in this section allows State agencies to approve non-school food authority (SFA) SFSP sponsors, in good standing, to use SFSP offer versus serve meal service parameters on a case-by-case basis. This waiver is effective May 1, 2026, through September 30, 2026.*

  • Offer Versus Serve: [42 U.S.C. 1761(f)(7) and 7 CFR 225.16(f)(1)(ii)]

 

National School Lunch Program and School Breakfast Program (School buildings are closed with virtual learning): The waivers in this section are intended to provide needed flexibility to support SFAs in continuing to offer nutritious meals when school buildings are closed, and virtual classes are being offered. These waivers would be effective through June 30, 2026.

  • Non-Congregate Meal Service (NSLP and SBP) [NSLA, 42 U.S.C. 1753(b)(1)(A) and Child Nutrition Act, 42 U.S.C. 1773(b)(1)(A)] 
  • Meal Service Times (NSLP and SBP) [7 CFR 210.10(l) and 7 CFR 220.8(l)] 
  • Parent and Guardian Meal Pick Up (NSLP and SBP) [7 CFR 210.10(a), 7 CFR 220.2 (Breakfast), and 7 CFR 220.8(a)] 
  • Offer Versus Serve (NSLP only) [42 U.S.C. 1758(a)(3) and 7 CFR 210.10(e)]

 

National School Lunch Program and School Breakfast Program: The waivers in this section are intended to provide needed flexibility to support SFAs in continuing to offer nutritious meals to participants fasting to observe Ramadan.

  • Non-Congregate Meal Service (NSLP and SBP) Under the NSLA, 42 U.S.C. 1753(b)(1)(A), and the Child Nutrition Act, 42 U.S.C. 1773(b)(1)(A), NSLP and SBP meals must be served in a congregate setting and must be consumed by participants on site.
  • Meal Service Times (NSLP and SBP) Under Program regulations at 7 CFR 210.10(l) and 7 CFR 220.8(l), meals served in the NSLP and SBP must follow meal service time requirements.
  • Offer Versus Serve (NSLP) Under the NSLA, 42 U.S.C. 1758(a)(3), and Program regulations at 7 CFR 210.10(e), Program operators of senior high schools (as defined by the State education agency) must participate in offer versus serve at lunch.

 

Child and Adult Care Food Program: These waivers are intended to provide needed flexibility to support operators of the CACFP in continuing to offer nutritious meals during unanticipated closures. These waivers are effective through June 30, 2026.

  • Non-Congregate Meal Service [NSLA, 42 U.S.C. 1766(f)(1)(A)]  
  • Meal Service Times [7 CFR 226.17a(m)] 
  • Parent and Guardian Meal Pick Up [NSLA, 42 U.S.C. 1766(f)(1)(A) and 7 CFR 226.2 (Meals)] 
  • Enrichment Activity [NSLA, 42 U.S.C. 1766(r)(2)(B) and 7 CFR 226.17a(b)(1)(ii) and (iii)]


Child and Adult Care Food Program: The waivers in this section apply to emergency shelters, adult day care centers, OSHCC, and the at-risk afterschool component of CACFP only. These waivers are intended to provide needed flexibility to support institutions in continuing to offer nutritious meals to participants fasting to observe Ramadan.

  • Non-Congregate Meal Service (CACFP) Under the NSLA, 42 U.S.C. 1766(f)(1)(A), and Program regulations at 7 CFR 226.19(b)(6)(iii), CACFP meals must be served in a congregate setting and must be consumed by participants on site.
  • Meal Service Times (CACFP) Under Program regulations at 7 CFR 226.20(k), meals served in the CACFP must follow meal service time requirements.

 

FNS will consider all complete waiver requests and will make determinations based on relevant statutory and regulatory requirements and authorities.