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The published interim final rule (IFR) amended 7 CFR part 225 to codify the flexibility for rural program operators to provide non-congregate meal service in the Summer Food Service program (SFSP). This rule also established a new 7 CFR part 292 and codified a new Summer Electronic Benefits Transfer (EBT) for Children Program in this part. The mandate for these changes is found in section 502 of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), which added new section 13a of the Richard B. Russell Nation School Lunch Act (NSLA) to allow rural non-congregate meal service in the SFSP and NSLP Seamless Summer Option (SSO) and created a new section 13a to establish a permanent Summer EBT Program.

To gather information in support of the interim final rule, between April - August 2023, FNS hosted more than 100 listening sessions and information meetings to date with State agencies, advocacy groups, Program operators, and industry partners. These listening sessions focused primarily, but not exclusively, on the rural non-congregate meal service option. In advance of the publication of a final rule, FNS will continue to engage extensively with States, program operators, and other relevant parties to monitor and gain insights on implementation progress during the initial program years. The agency will also utilize findings, as applicable, from ongoing and future surveys and studies targeting summer program operations. These efforts will inform development of the final rule’s provisions, in addition to careful analysis of all public comments received. 

Overall Description of Deadline: The Consolidated Appropriations Act, 2023 (Pub. L. 117-328) required FNS to promulgate regulations to carry out the provisions under section 502 of the Act no later than 1 year after the date of enactment. Public Law 117-328 was enacted on December 29, 2022; therefore, FNS was required to publish an interim final rule by December 29, 2023. FNS met this deadline and published the Interim Final Rule (88 FR 90230). The next action would be a final rule.