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USDA and HHS Notice: CNPs and Head Start as Federal Public Benefit

USDA and HHS each released a notice stating that many programs under the jurisdiction of both departments are now interpreted as “Federal Public Benefits,” including all CNPs and Head Start. The notices aim to address whether citizenship or qualified immigration status must be verified in order for a child to participate in these federal programs.

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USDA Rescinds Guidance on Interpretation of Discrimination Based on Sex 

The USDA released a memorandum rescinding 2022 guidance regarding the interpretation of discrimination based on “sex.” The 2022 guidance redefined the definition of “sex” to include gender identity and sexual orientation. Therefore, the rescission of this guidance will revert USDA’s definition back to its previous interpretation and omit mention of gender identity and sexual orientation.

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Final Rule: Rescission of Obsolete Data Collection

On May 12, 2025, USDA released a final rule titled Child and Adult Care Food Program: Rescission of Obsolete Data Collection Requirements. The final rule removes section 226.25(g) from the Code of Federal Regulation. This regulation required State agencies to collect and report data related to participating institutions during fiscal years 2006-2009.

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Registered Dietitian Medical Statements

The USDA released a memorandum to clarify the updated regulatory requirement for program operators to accept medical statements from registered dietitians. The change requiring program operators to accept medical statements from registered dietitians must be implemented by July 1, 2025, for school meal programs and Oct. 1, 2025, for CACFP.

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USDA Request for Information: CNP Tribal Pilot Project

On December 23, 2024, the USDA Food and Nutrition Service released a request for information (RFI) to inform their development of the Child Nutrition Programs Tribal Pilot Projects, as authorized in the Consolidated Appropriations Act, 2024. The Act provided $2 million for Tribal Pilot Projects that will permit Indian Tribes and/or Tribal organizations to administer Child Nutrition Programs, assuming the roles and responsibilities typically held by State agencies.

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Grain Requirements in the CACFP Q&A

The USDA released a memorandum to provide updated guidance on the provisions of the 2024 final rule that apply to the grains requirements in the CACFP, which included adding a definition for whole grain-rich into CACFP regulations; changing product-based limits for breakfast cereals and yogurts from total sugars to added sugars; and updating guidance on substituting vegetables to meet the grains requirements for eligible program operators.

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