Dear Program Operator, 

The purpose of this communication is to communicate the U.S. Department of Agriculture’s extension of an existing prohibition contained within the Consolidated Appropriations Act of 2021.  The provision, which prohibits all Child Nutrition Programs from using federal funds to procure raw or processed poultry products that are imported into the United States from the People’s Republic of China, is extended through March 11, 2022.


Background

On December 27, 2020, the Consolidated Appropriations Act of 2021 (Public Law 116–260) was signed into law and prohibits all Child Nutrition Programs from using federal funds to procure raw or processed poultry products that are imported into the United States from the People’s Republic of China.  It is the program operator’s responsibility to ensure the country of origin for all nondomestic raw or processed poultry products, whether purchased directly by the program operator or on their behalf.  The prohibition set forth in the Consolidated Appropriations Act of 2021 (Public Law 116–260), Division A, Section 764, does not allow for any exceptions.

Implementation of this prohibition should be done by including the provision in:

• Documented procurement procedures

• All procurement solicitations and contracts for the procurement of poultry

All USDA Foods are considered to be 100 percent domestic and are not affected by the Consolidated Appropriations Act of 2021 (Public Law 116–260).

To ensure compliance with the prohibition, program operators should obtain a certification of acknowledgement from their supplier, e.g., manufacturer, processor, or distributor, that acknowledges their agreement to comply with the prohibition stated within the Appropriations Act.  A sample of the certification language is located in the Download Forms section of the Child Nutrition Information and Payment System (CNIPS) titled PRU-21 China Prohibition Certification.

On December 15, 2021, it was communicated that the original deadline of this provision was expected to be February 18, 2022; however, per recent congressional action, this deadline has been further extended to March 11, 2022.


Contact Information

If you have any questions regarding this subject, please contact the Community Procurement Unit by email at ProcurementCACFP@dss.ca.gov.

Thank you.


Family Engagement and Empowerment Division
California Department of Social Services