Appendix E13 Collection of Race and Ethnicity Data by Visual Observation and Identification in the CACFP and Summer Food Service

OMB #0584-0055
Expiration Date xx/xx/20xx

Appendix E13. Collection of Race and Ethnicity Data by
Visual Observation and Identification in the CACFP and
Summer Food Service Program – Policy Rescission

This information is being collected from local government agencies and businesses (institutions)
to enable institutions wishing to participate in the Child and Adult Care Food Program (CACFP)
to submit applications to the administering agencies, execute agreements with those agencies,
and claim the reimbursement to which they are entitled by law. Section 17 of the National School
Lunch Act, as amended (42 U.S.C. 1766), authorizes the CACFP. This collection is required to
obtain or retain benefits and the Food and Nutrition Service (FNS) uses the information
collected to conduct reviews that determine whether or not institutions are observing the
requirements of the Program established by regulations and statute. In addition, the information
collection is necessary for administering agencies to monitor Program operations to ensure
compliance with legislative and regulatory requirements. Under the Privacy Act of 1974, any
personally identifying information obtained will be kept private to the extent of the law.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information unless it displays a valid
Office of Management and Budget (OMB) control number. The valid OMB control number for
this information collection is 0584-0055. The time required to complete this information
collection is estimated to average 36 hours per response. This burden consists of the time it takes
to review all instructions and handbooks issued by FNS and the Department to clarify or explain
existing regulations. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to: U.S. Department of
Agriculture, Food and Nutrition Services, Office of Policy Support, 1320 Braddock Place,
Alexandria, VA 22314, ATTN: PRA (0584-0055). Do not return a completed form to this
address.

DATE:

May 17, 2021

MEMO CODE:

CACFP 11-2021, SFSP 07-2021

Braddock
Metro Center

SUBJECT:

1320
Braddock
Place
Alexandria
VA 22314

Collection of Race and Ethnicity Data by Visual
Observation and Identification in the Child and Adult Care
Food Program and Summer Food Service Program – Policy
Rescission

TO:

Regional Directors
Special Nutrition Programs
All Regions

Food and
Nutrition
Service

State Directors
Child Nutrition Programs
All States
Issuing Agency/Office:
Title of Document:
Document ID:
Z-RIN:
Date of Issuance:
Replaces:

Summary:

Disclaimer:

FNS/Child Nutrition Programs
Collection of Race and Ethnicity Data by Visual
Observation and Identification in the Child and Adult
Care Food Program and Summer Food Service Program
– Policy Rescission
Not Applicable
Not Applicable
May 17, 2021
Not Applicable
This memorandum states visual observation and
identification by Child and Adult Food Care Program
(CACFP) institutions and facilities and Summer Food
Service Program (SFSP) sponsors is no longer an
allowable practice for program operators to use during
the collection of race or ethnicity data.
USDA will update CACFP and SFSP policy guidance.
The contents of this guidance document do not have
the force and effect of law and are not meant to bind
the public in any way. This document is intended only
to provide clarity to the public regarding existing
requirements under the law or agency policies.

The Food and Nutrition Service (FNS), Child Nutrition Programs (CNP), and the
Civil Rights Division (CRD), are issuing this memorandum to provide guidance to
State agencies and program operators on removing visual observation and
identification as an allowable practice in obtaining race and ethnicity data from Child
and Adult Care Food Program (CACFP) and Summer Food Service Program (SFSP)
participants.
USDA is an Equal Opportunity Provider, Employer and Lender.

Regional Directors and State Directors
Page 2
Background
The U.S. Department of Agriculture (USDA) is responsible for ensuring compliance with
Title VI of the Civil Rights Act of 1964 among its federally assisted programs, including
CACFP and SFSP. The collection of race and ethnicity data is consistent with the Office
of Management and Budget guidance on the subject. These data are used to determine
how effectively FNS programs are reaching potential eligible persons and beneficiaries,
identify areas where additional outreach is needed, assist in the selection of locations for
compliance reviews, and complete reports as required. These requirements are
established in 7 CFR 15 and FNS Instruction 113-1, Civil Rights Compliance and
Enforcement – Nutrition Programs and Activities dated November 8, 2005.
Guidance
FNS Instruction 113-1 requires recipients of Federal financial assistance to ask all
program applicants and participants to identify all racial and ethnic categories that apply.
Program operators must ensure applicants and participants are made aware that failure to
provide racial or ethnic identity information will not impact their eligibility.
FNS Instruction 113-1, Appendix B section F titled Data Collection 2(b) and 3(b) also
states, in reference to CACFP and SFSP respectively, “Visual identification may be used
by institutions/sponsors to determine a beneficiary’s racial or ethnic category…” Upon
further review, USDA determined the only program with a regulatory requirement
implementing the 1997 OMB Revisions to the Standards for the Classification of Federal
Data on Race and Ethnicity, 60 Fed. Reg. 210, 58785 (October 30, 1997) to collect race
and ethnicity data via visual observation and identification is the Supplemental Nutrition
Assistance Program.
USDA has reviewed this policy and concluded that the use of visual observation and
identification by CACFP institutions and facilities and SFSP sponsors is not an
appropriate method for collecting race or ethnicity data in the CACFP and SFSP
programs. The agency received reports that program participants do not want to have
their race or ethnicity determined for them. Moreover, a third party’s observation of an
individual’s appearance is not a reliable means to capture how a participant self-identifies
their own racial or ethnic identity. Therefore, USDA has determined that visual
observation and identification by CACFP institutions and facilities and SFSP sponsors is
no longer an allowable practice for CACFP and SFSP program operators to use during
the collection of race or ethnicity data.
USDA acknowledges the challenges this change may cause in the collection of
demographic data. The preferred method remains self-identification and self-reporting.
CACFP institutions and facilities and SFSP sponsors should continue explaining the
importance of this data to participants as they encourage them to self-identify and selfreport. However, there are alternative means by which CACFP institutions and facilities
and SFSP sponsors can obtain race or ethnicity data in the CACFP and SFSP programs,
USDA is an Equal Opportunity Provider, Employer and Lender.

Regional Directors and State Directors
Page 3
such as utilizing data from other sources in which the respondent has self-identified race
or ethnicity such as school databases.
The CRD will update FNS Instruction 113-1 to remove references to the collection of
racial and ethnic identity by visual identification in the CACFP and SFSP. To reflect this
change in data collections, CNP will update CACFP and SFSP policy guidance.
State agencies are reminded to distribute this memorandum to Program operators.
Program operators should direct questions concerning this guidance to their State agency.
State agencies with questions should contact the appropriate FNS Regional Office.
Additionally, State Agencies are encouraged to provide ideas and best practices to the
appropriate FNS Regional Civil Rights Officer or Program Liaison.

Angela Kline
Director
Policy and Program Development Division
Child Nutrition Programs

Roberto Contreras
Director
Civil Rights Division

USDA is an Equal Opportunity Provider, Employer and Lender.