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USDA/FNS RIN: 0584-AE83 Publication ID: Fall 2023 
Title: Serious Deficiency Process in the Child and Adult Care Food Program and the Summer Food Service Program 

This rule updates the Child and Adult Care Food Program (CACFP) serious deficiency (SD) process and establishes SD processes for unaffiliated centers and the Summer Food Service Program (SFSP). Section 322 of the Healthy, Hunger-Free Kids Act of 2010 (the Act) requires the Secretary to establish procedures for the termination and disqualification of organizations participating in the SFSP. This rule also establishes criteria for imposing fines against schools, school food authorities, or State agencies in CACFP as required by section 303 of the Act. In 2016, USDA solicited public comments on a serious deficiency provision contained in USDA’s Child Nutrition Program Integrity proposed rule. In 2019, USDA sought additional input through a formal Request for Information (RFI) specific to the serious deficiency process. The comments submitted by state agency officials, program operators, and program sponsors in response to these solicitations was critical to the development of this rule. These are the stakeholders that will be most significantly affected by the rule’s proposed reforms. 

Agency: Department of Agriculture(USDA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: 7 CFR 210, 215, 220, 225, and 226     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Pub. L. 111-296, sec. 303, 322    42 U.S.C. 1761, 1766   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/00/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Michael DePiro
Department of Agriculture
Food and Nutrition Service
1320 Braddock Place,
Alexandria, VA 22314
Phone:703 305-2876

Maureen Lydon
Department of Agriculture
Food and Nutrition Service
1320 Braddock Place,
Alexandria, VA 22314
Phone:703 457-7713