All Nutrition Assistance Programs Must Post the Nondiscrimination Statement
December 9, 2022
Nondiscrimination Statement Updated
In December 2022, USDA updated the Nondiscrimination Statement that all FNS nutrition assistance programs, state or local agencies, and their subrecipients, must post.
Why it Matters:
It is important for child nutrition program operators to be inclusive of all participants in any child nutrition program. In the USDA Child and Adult Care Food Program, you must ensure that everyone at your child care center, family child care home or adult day care center has equal access to food without discrimination of race, color, national origin, sex (including gender identity), disability, age, or reprisal or retaliation for prior civil rights activity. This is in accordance with the federal civil rights law and U.S. Department of Agriculture civil rights regulations and policies.
Who is required to post the Nondiscrimination Statement?
Each State agency, local agency, or other sub-recipient serving the public must prominently display the USDA nondiscrimination poster, "And Justice for All," or an Food and Nutrition Services approved substitute, except in family child care homes. Your state agency or sponsor will provide this for you. If you would like to reference or post to your website, go to And Justice for All Posters and choose the “All Other FNS Nutrition Assistance Programs (AD-475A).”
Do printed or digital materials related to CACFP require the Nondiscrimination Statement?
Yes. It is a requirement for child care centers and adult day care centers to post the 2022 Nondiscrimination statement on their website (if applicable) and printed materials. Institutions that are family child care homes, check with your sponsoring organization to see if it is required.
Nondiscrimination Statement to Post
“In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.
Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
(833) 256-1665 or (202) 690-7442; or
This institution is an equal opportunity provider.”
What if your printed or digital materials do not have enough space to accommodate the Nondiscrimination Statement?
Documents developed, adapted, or reprinted by State and Implementing Agencies receiving financial assistance from FNS must have the following shortened nondiscrimination statement: “This institution is an equal opportunity provider.” In general, anything that features USDA logos, such as MyPlate, or communicates CACFP programming information, including times, dates, and locations as well as CACFP related nutrition education materials. Some states may require sites to have this statement written on the menus, check with your state agency or sponsoring organization.
How about if the CACFP related material is in another language?
The same rules apply, however, you should use the Nondiscrimination Translation from USDA “for all other FNS nutrition assistance programs,” based on the language the resource is written. Go to the USDA FNS Non-Discrimination Statement for all available translations. Translated versions are available in the following languages:
- Chinese (both Traditional and Simplified)
- Haitian Creole
- Portuguese (Brazil)
Can the Nondiscrimination Statement be edited and formatted?
Additions, edits, or deletions to the Civil Rights statement are not allowed. The minimum font size for nondiscrimination statements for brochures is 8 points. For all other printed materials and web pages, the statement must be legible. Use of a smaller font size must be approved by FNS Civil Rights Department (CRD) in writing.
To stay updated on any changes to the Nondiscrimination Statement, see FNS’ Civil Rights Page.