Rule2026-09212

Expanding Fluid Milk Options in Child Nutrition Programs

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
May 8, 2026
Effective
June 8, 2026

Issuing agencies

Agriculture DepartmentFood and Nutrition Service

Abstract

This final rule with comment period ("final rule") expands fluid milk options by allowing schools and child and adult care providers participating in Child Nutrition Programs to offer whole and reduced-fat milk to participants two years and older. This rule codifies milkfat requirements following enactment of the Whole Milk for Healthy Kids Act and supports the statutory requirements for meals to align with the goals of the Dietary Guidelines for Americans. By removing previous fluid milkfat-content restrictions, this deregulatory rule restores flexibility to Program operators, allowing them to offer a greater variety of fluid milk options, including whole and reduced- fat milk, to meet the nutrition needs and preferences of the children and adults they serve.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 89 (Friday, May 8, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Rules and Regulations]
[Pages 25073-25081]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09212]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 210, 215, 220, and 226

[FNS-2026-0067]
RIN 0584-AF28


Expanding Fluid Milk Options in Child Nutrition Programs

AGENCY:  Food and Nutrition Service (FNS), USDA.

ACTION: Final rule with comment period.

-----------------------------------------------------------------------

SUMMARY: This final rule with comment period (``final rule'') expands 
fluid milk options by allowing schools and child and adult care 
providers participating in Child Nutrition Programs to offer whole and 
reduced-fat milk to participants two years and older. This rule 
codifies milkfat requirements following enactment of the Whole Milk for 
Healthy Kids Act and supports the statutory requirements for meals to 
align with the goals of the Dietary Guidelines for Americans. By 
removing previous fluid milkfat-content restrictions, this deregulatory 
rule restores flexibility to Program operators, allowing them to offer 
a greater variety of fluid milk options, including whole and reduced-
fat milk, to meet the nutrition needs and preferences of the children 
and adults they serve.

DATES: 
    Effective date: This rule is effective June 8, 2026.
    Comment date: To be assured of consideration, comments on this 
final rule must be received on or before June 8, 2026.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested 
persons to submit written comments on this final rule. Comments may be 
submitted in writing by one of the following methods:
    <bullet> Online (preferred): Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
Follow the online instructions for submitting comments.
    <bullet> Mail: Send comments to School Meals Policy Division, Food 
and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314.
    All written comments submitted in response to this final rule will 
be included in the record and will be made available to the public. 
Please be advised that the substance of the comments and the identity 
of the individuals or entities submitting the comments will be subject 
to public disclosure. FNS will make the written comments publicly 
available on the internet via <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: School Meals Policy Division--4th 
floor, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 
22314; telephone: 703-305-2054.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

CACFP--Child and Adult Care Food Program
CNP--Child Nutrition Programs
FNS--Food and Nutrition Service
NSLA--National School Lunch Act
NSLP--National School Lunch Program
SBP--School Breakfast Program
SFA--School Food Authority
SMP--Special Milk Program
USDA--United States Department of Agriculture
WMFHKA--Whole Milk for Healthy Kids Act

Table of Contents

Section 1: Background
Section 2: Milkfat Requirements for Child Nutrition Programs
Section 3: Procedural Matters

Section 1: Background

    On January 7, 2026, the U.S. Department of Health and Human 
Services and U.S. Department of Agriculture (USDA) jointly released the 
Dietary Guidelines for Americans, 2025-2030 \1\ (Dietary Guidelines). 
The Dietary Guidelines state that ``dairy is an excellent source of 
protein, healthy fats, vitamins, and minerals'' and recommends 
including full-fat dairy as a part of a healthy diet. Specifically, the 
Scientific Foundation for the Dietary Guidelines highlight the 
importance of full-fat dairy to help children meet energy needs and 
support brain development during early and middle childhood.\2\
---------------------------------------------------------------------------

    \1\ U.S. Departments of Agriculture and Health and Human 
Services, Dietary Guidelines for Americans, 2025-2030. Available at: 
<a href="https://cdn.realfood.gov/DGA_508.pdf">https://cdn.realfood.gov/DGA_508.pdf</a>.
    \2\ U.S. Departments of Agriculture and Health and Human 
Services, The Scientific Foundation for the Dietary Guidelines for 
Americans, 2025-2030. Available at: <a href="https://cdn.realfood.gov/Scientific%20Report_508.pdf">https://cdn.realfood.gov/Scientific%20Report_508.pdf</a>.

---------------------------------------------------------------------------

[[Page 25074]]

    Additionally, the Whole Milk for Healthy Kids Act of 2025 \3\ 
(WMFHKA) (Pub. L. 119-69), enacted on January 14, 2026, amended the 
National School Lunch Act \4\ (NSLA) by expanding the fluid milk 
options that may be offered to meet the requirements for fluid milk 
provided in the National School Lunch Program (NSLP) (42 U.S.C. 
1758(a)(2)(A)). The WMFHKA specifically allows schools to offer whole 
and reduced-fat (2 percent) milk in addition to low-fat (1 percent) and 
fat-free options at school lunch. It also allows school food 
authorities (SFA) to exclude the saturated fat from fluid milk when 
calculating the weekly average saturated fat requirement at lunch. 
Additional provisions of this law are addressed in FNS guidance \5\ and 
will be codified in future rulemaking.
---------------------------------------------------------------------------

    \3\ Whole Milk for Healthy Kids Act of 2025 (Pub. L. 119-69). 
Available at: <a href="https://www.congress.gov/119/plaws/publ69/PLAW-119publ69.pdf">https://www.congress.gov/119/plaws/publ69/PLAW-119publ69.pdf</a>.
    \4\ Richard B. Russell National School Lunch Act. Available at: 
<a href="https://www.govinfo.gov/content/pkg/COMPS-10333/pdf/COMPS-10333.pdf">https://www.govinfo.gov/content/pkg/COMPS-10333/pdf/COMPS-10333.pdf</a>.
    \5\ U.S. Department of Agriculture Food and Nutrition Service, 
Whole Milk for Healthy Kids Act of 2025--Implementation Requirements 
for the National School Lunch Program, January 14, 2026. Available 
at: <a href="https://www.fns.usda.gov/nslp/wmfhka-implementation">https://www.fns.usda.gov/nslp/wmfhka-implementation</a>.
---------------------------------------------------------------------------

    Through this rulemaking, USDA is updating Program regulations to 
allow whole and reduced-fat milk to be offered to Child Nutrition 
Program (CNP) participants ages two and up in the NSLP, School 
Breakfast Program (SBP), Child and Adult Care Food Program (CACFP), and 
Special Milk Program (SMP). This rule extends the saturated fat 
exclusion from weekly dietary specifications \6\ in NSLP to the SBP. 
Additionally, this rule expands the option to offer whole and reduced-
fat milk in the NSLP afterschool snack service (NSLP afterschool 
snacks) and the preschool meal pattern for NSLP and SBP and clarifies 
that whole and reduced-fat milk may now be sold as a compliant beverage 
for competitive foods, commonly known as Smart Snacks in School (Smart 
Snacks).\7\
---------------------------------------------------------------------------

    \6\ Average saturated fat content of the meals offered to each 
age/grade group must be less than 10 percent of total calories (7 
CFR 210.10(b)(2)(ii) and 220.8(b)(2)(ii)).
    \7\ The Summer Food Service Program does not have limits for fat 
content for fluid milk and current requirements allow whole and 
reduced-fat milk. The Seamless Summer Option does not have meal 
pattern requirements in regulations but FNS guidance (SP 09-2017) 
states that this meal service aligns with the meal pattern 
established for NSLP and SBP, thus the updated requirements allow 
whole and reduced-fat milk.
---------------------------------------------------------------------------

Section 2: Milkfat Requirements for Child Nutrition Programs

Current Requirements

    Under section 9 of the NSLA, schools are required to offer students 
a variety of fluid milk at lunches served under the NSLP (42 U.S.C. 
1758(a)(2)(A)). Under section 4 of the Child Nutrition Act of 1966,\8\ 
meals served as part of the SBP must meet the ``minimum nutritional 
requirements prescribed by the Secretary'' (42 U.S.C. 1773(e)(1)(A)). 
Additionally, section 9 of the NSLA requires that breakfasts served are 
``consistent with the goals of the most recent Dietary Guidelines for 
Americans'' (42 U.S.C. 1758(f)(1)). Under section 17 of the NSLA, the 
CACFP must ``provide milk in accordance with the most recent version of 
the Dietary Guidelines'' (42 U.S.C. 1766(g)(4)(A)). There is no 
statutory language regarding the fat content of milk offered in the 
SMP.
---------------------------------------------------------------------------

    \8\ Child Nutrition Act of 1966. Available at: <a href="https://www.govinfo.gov/content/pkg/COMPS-10328/pdf/COMPS-10328.pdf">https://www.govinfo.gov/content/pkg/COMPS-10328/pdf/COMPS-10328.pdf</a>.
---------------------------------------------------------------------------

    Current regulations for the NSLP (7 CFR 210.10(d)(1)(i)), SBP (7 
CFR 220.8(d)), CACFP (7 CFR 226.20(a)(1)), and SMP (7 CFR 215.7a(a)), 
state that whole and reduced-fat milk are not creditable for children 2 
years and older and adult participants. Fluid milk requirements are as 
follows:
    <bullet> Children 1 year old must be served unflavored whole milk.
    <bullet> Children 2 through 5 years old must be served unflavored 
low-fat or unflavored fat-free milk.\9\
---------------------------------------------------------------------------

    \9\ Per FNS Guidance, children between the ages of 24 months to 
25 months may be served unflavored whole or reduced-fat to help with 
the transition to low-fat and fat-free milk. Breastmilk may be 
served to a child of any age.
---------------------------------------------------------------------------

    <bullet> Children 6 years old and older and adults must be served 
unflavored or flavored,\10\ low-fat or fat-free milk.
---------------------------------------------------------------------------

    \10\ Flavored milk must contain no more than 10 grams of added 
sugars per 8 fluid ounces, or for flavored milk sold as competitive 
food for middle and high schools, 15 grams of added sugars per 12 
fluid ounces. Added sugar limit for flavored milk does not apply to 
CACFP.
---------------------------------------------------------------------------

    For NSLP (7 CFR 210.10(b)(2)(ii)) and SBP (7 CFR 220.8(b)(2)(ii)), 
current regulations require that the average saturated fat content of 
the meals offered to each age/grade group must be less than 10 percent 
of total calories. This includes saturated fat from fluid milk.
    Current regulations for NSLP afterschool snacks (7 CFR 
210.10(o)(2)(i), (3)(i), and (4)(i)) and preschool lunch and breakfast 
meal patterns (7 CFR 210.10(p) and 220.8(o)) require that milk offered 
at meals/snacks meet the requirements for the CACFP, under 7 CFR 
226.20(a)(1). Current regulations for Smart Snacks (7 CFR 
210.11(l)(1)(ii), (2)(ii), and (3)(ii)) require that milk offered as a 
competitive food meet the requirements for the NSLP, outlined in 7 CFR 
210.10(d)(1).

Final Rule

    CNP operators participating in NSLP (including NSLP afterschool 
snack, the preschool meal pattern, and Smart Snacks), SBP (including 
the preschool meal pattern), CACFP, and SMP may offer children 2 years 
and older and adult participants whole, reduced-fat, low-fat, and fat-
free fluid milk to meet fluid milk requirements in these Programs. The 
updated fluid milk requirements for each age group are summarized 
below:
    <bullet> Fluid milk served to children 1 year old must be 
unflavored whole milk;
    <bullet> Fluid milk served to children 2 through 5 years old may be 
unflavored whole, reduced-fat, low-fat, or fat-free milk; and
    <bullet> Fluid milk served to children 6 years and older and adult 
participants may be unflavored or flavored, whole, reduced-fat, low-
fat, or fat-free milk.\11\
---------------------------------------------------------------------------

    \11\ Statute requires schools have the option to offer flavored 
and unflavored fluid milk in the NSLP (42 U.S.C. 1758(a)(2)(A)(ii)).
---------------------------------------------------------------------------

    SFAs participating in the NSLP and SBP may exclude the saturated 
fat from fluid milk when calculating the weekly average saturated fat 
requirement at lunch and breakfast.
    Program operators are not required, but are encouraged, to make 
changes to menus under this provision. Program operators have 
discretion to decide which varieties of fluid milk to offer. For 
example, Program operators may choose to offer unflavored, whole milk 
as an option to all Program participants to align with recommendations 
from the Dietary Guidelines to consume full-fat dairy and less added 
sugars. The revised regulations under this rulemaking give menu 
planners more flexibility to offer fluid milk options that meet the 
dietary preferences of Program participants and are compatible with 
product availability, cost considerations, and other local factors. 
Accordingly, this final rule amends 7 CFR 210.10(d)(1)(i), 7 CFR 
215.7a(a), 7 CFR 220.8(d), and 7 CFR 226.20(a)(1) of the regulatory 
text.

Procedural Matters

Issuance of a Final Rule With Comment Period

    Child Nutrition Programs are not required to undergo notice-and-
comment rulemaking because of the exception in 5 U.S.C. 553(a)(2) for

[[Page 25075]]

matters relating to benefits. While USDA may choose to promulgate Child 
Nutrition Program regulations through the notice-and-comment procedures 
laid out in 5 U.S.C. 553(b) and (c), it is not mandatory for rules, 
such as this one, that relate to benefits. USDA also believes a final 
rule is optimal in this instance to quickly implement the relatively 
straightforward provisions of WMFKA and, to ensure consistency across 
Child Nutrition Programs, extend those policies to SBP, CACFP, and SMP.
    Nevertheless, USDA always welcomes input from the public and has 
provided a comment period with this final rule. Comments will help USDA 
weigh stakeholder input when considering any future guidance or 
rulemaking on the expansion of fluid milk options.

Executive Order 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule is considered an Executive Order 14192 
deregulatory action.
    This final rule has been determined to be significant under section 
3(f) of Executive Order 12866, but not economically significant under 
section 3(f)(1), and was reviewed by the Office of Management and 
Budget (OMB) in conformance with Executive Order 12866.

Economic Analysis

    An economic analysis was developed for this rule. It is included in 
the docket for this rulemaking as an Appendix. The analysis presents 
three possible scenarios for how this rule may impact USDA's Child 
Nutrition Programs, as well as dairy sector businesses that supply it. 
Two of the three scenarios project no significant change in costs to 
Program operators, while the third projects an average annualized 
savings of about $15 million to Program operators over the next five 
years due to substitutions of flavored for unflavored milk with a 
higher fat content. We do not project a net change in revenue for the 
dairy sector because we expect that the primary impact will be a 
redistribution of revenue across industry subsectors as opposed to a 
net increase or decrease in sales to the Program.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires agencies 
to analyze the impact of rulemaking on small entities and consider 
alternatives that would minimize any significant impacts on a 
substantial number of small entities. Pursuant to that review, it has 
been certified that this rule would not have a significant economic 
impact on a substantial number of small entities.
    Most school districts are small entities for purposes of the 
Regulatory Flexibility Act. Eleven thousand of the NSLP's 19,000 SFAs 
enroll fewer than 1,000 students. More than 14,000 enroll fewer than 
2,500 students. There are 19,000 sponsoring organizations and 
independent centers in the CACFP as well as 68,000 day care home 
providers. These CACFP institutions are primarily small entities. This 
final rule does not require these entities to make any changes. This 
rule provides Program operators with additional flexibility to offer 
fluid milk options that meet the dietary preferences of Program 
participants and are compatible with product availability, cost 
considerations, and other local factors. As discussed in this rule's 
Paperwork Reduction Act section, the rule imposes no additional 
reporting or record keeping requirement on Program operators, whether 
or not they take advantage of the rule's added flexibility. In two of 
three scenarios analyzed in USDA's Economic Analysis, this rule will 
have no impact on these entities' costs. Under a third scenario, 
considered the least likely of the three, the rule would result in a 
modest cost savings.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
Department generally must prepare a written statement, including a cost 
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local or tribal 
governments, in the aggregate, or the private sector, of $146 million 
or more (when adjusted for inflation; GDP deflator source: Table 1.1.9 
at <a href="http://www.bea.gov/iTable">http://www.bea.gov/iTable</a>) in any one year. When such a statement is 
needed for a rule, Section 205 of the UMRA generally requires the 
Department to identify and consider a reasonable number of regulatory 
alternatives and adopt the most cost effective or least burdensome 
alternative that achieves the objectives of the rule.
    This final rule does not contain Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local and 
tribal governments or the private sector of $146 million or more in any 
one year. Thus, the rule is not subject to the requirements of sections 
202 and 205 of the UMRA.

Executive Order 12372

    The NSLP, SMP, SBP, and CACFP are listed in the Catalog of Federal 
Domestic Assistance under NSLP No. 10.555, SMP No. 10.556, SBP No. 
10.553, and CACFP No. 10.558, respectively, and are subject to 
Executive Order 12372, which requires intergovernmental consultation 
with State and local officials (see 2 CFR chapter IV). Since the Child 
Nutrition Programs are State-administered, USDA's FNS Regional Offices 
have formal and informal discussions with State and local officials, 
including representatives of Indian Tribal Organizations, on an ongoing 
basis regarding Program requirements and operations. This provides USDA 
with the opportunity to receive regular input from Program 
administrators and contributes to the development of feasible Program 
requirements.

Federalism Summary Impact Statement

    Executive Order 13132 requires Federal agencies to consider the 
impact of their regulatory actions on State and local governments. 
Where such actions have federalism implications, agencies are directed 
to provide a statement for inclusion in the preamble to the regulations 
describing the agency's considerations in terms of the three categories 
called for under Section (6)(b)(2)(B) of Executive Order 13132.
    The Department has determined that this rule does not have 
Federalism implications. This rule does not impose substantial or 
direct compliance costs on State and local governments. Therefore, 
under Section 6(b) of the Executive Order, a Federalism summary impact 
statement is not required.

Executive Order 12988, Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is intended to have preemptive effect 
with respect to any State or local laws, regulations or policies which 
conflict with its provisions or which would otherwise impede its full 
and timely implementation. This rule is not

[[Page 25076]]

intended to have retroactive effect unless so specified in the 
Effective Dates section of the final rule. Prior to any judicial 
challenge to the provisions of the final rule, all applicable 
administrative procedures must be exhausted.

Civil Rights Impact Analysis

    FNS has reviewed this final rule in accordance with USDA Regulation 
4300-4, ``Civil Rights Impact Analysis,'' to identify any major civil 
rights impacts the rule might have on Program participants on the basis 
of age, race, color, national origin, sex or disability. After a 
careful review of the rule's intent and provisions, FNS has determined 
that this rule is not expected to affect the participation of protected 
individuals in the NSLP, SBP, CACFP or SMP.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    Executive Order 13175 requires Federal agencies to consult and 
coordinate with Tribes on a government-to-government basis on policies 
that have Tribal implications, including regulations, legislative 
comments or proposed legislation, and other policy statements or 
actions that have substantial direct effects on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes.
    This rule does not have Tribal implications that rise to the level 
of triggering Tribal consultation, provided that the final rule does 
not affect the availability of milk substitutes for participants of the 
affected Programs. If a Tribe requests consultation, FNS will work with 
the Office of Tribal Relations to ensure meaningful consultation is 
provided.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR 
1320) requires the Office of Management and Budget (OMB) approve all 
collections of information by a Federal agency before they can be 
implemented. Respondents are not required to respond to any collection 
of information unless it displays a current valid OMB control number.
    This rule contains information collections that have been approved 
by OMB under OMB #0584-0006, (The National School Lunch Program), 
#0584-0012 (The School Breakfast Program), #0584-0005 (The Special Milk 
Program for Children), and #0584-0280 (The Child and Adult Care Food 
Program).
    This rule relaxes previous restrictions on the fat content of milk 
that Program operators may serve to children in the NSLP, the SBP, and 
the SMP; it likewise relaxes the restriction on fat content that 
Program operators may serve to children and adults in the CACFP. The 
rule encourages, but does not require Program operators to offer whole 
milk and reduced-fat (2 percent) milk where they had previously been 
restricted to offering low-fat (1 percent) and fat-free (skim) milk. 
Program operators in each of these Programs prepare and maintain menus. 
To the extent that they elect to offer whole or reduced-fat (2 percent) 
milk in addition to, or in place of, the options previously permitted, 
these operators will reflect those changes on updated menus.
    In the NSLP and the SBP, schools must maintain meal menu records. 
These records show that meals offered to school children meet 
regulatory meal pattern requirements. USDA estimates that schools incur 
a paperwork burden of 0.25 hours (for lunch menus) and 0.12 hours (for 
breakfast menus) for each of the 180 days of the average school year to 
keep these records. Although the types of milk on these menus will 
change if SFAs and schools elect to take advantage of the rule's 
relaxation of milk fat standards, the daily burden of maintaining these 
menu records (under 7 CFR 210.10(a)(3) and 210.15(b)(3) for the NSLP, 
and 220.8(a)(3) and 220.9(a) for the SBP) is unchanged. The rule does 
not add to or modify the existing recordkeeping requirement.
    Schools and institutions that participate in the SMP must maintain 
records of their agreement with the state agency to operate the 
Program, eligibility applications from households, and financial and 
other records that document their Program operations, as necessary, to 
support state administrative reviews and federal audits. Permitting SMP 
operators to offer whole milk and reduced-fat (2 percent) milk to 
Program participants leaves those recordkeeping requirements, and the 
associated burden, unchanged.
    CACFP institutions, facilities, and day care home providers 
maintain copies of menus as part of their general recordkeeping to 
support their claims for reimbursement. USDA captures the burden of 
keeping menu records as a component of the broader record keeping 
requirements in 7 CFR 226.10, 226.15, 226.17, and 226.18. Institutions, 
facilities, and day care home providers that choose to include whole 
milk or reduced-fat (2 percent) milk on their menus will not incur an 
increase or realize a reduction in the burden of maintaining those menu 
records.

E-Government Act Compliance

    The Department is committed to complying with the E-Government Act, 
to promote the use of the internet and other information technologies 
to provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

List of Subjects

7 CFR Part 210

    Grant programs--education, Grant programs--health, Infants and 
children, Nutrition, Penalties, Reporting and recordkeeping 
requirements, School breakfast and lunch programs, Surplus agricultural 
commodities.

7 CFR 215

    Food assistance programs, Grant programs--education, Grant 
programs--health, Infants and children, Milk.

7 CFR Part 220

    Grant programs--education, Grant programs--health, Infants and 
children, Nutrition, Reporting and recordkeeping requirements, School 
breakfast and lunch programs.

7 CFR Part 226

    Accounting, Aged, Day care, Food assistance programs, Grant 
programs, Grant programs--health, Individuals with disabilities, 
Infants and children, Intergovernmental relations, Loan programs, 
Reporting and recordkeeping requirements, Surplus agricultural 
commodities.
    Accordingly, 7 CFR parts 210, 215, 220, and 226 are amended as 
follows:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

0
1. The authority citation for part 210 continues to read as follows:

    Authority: 42 U.S.C. 1751-1760, 1779.


0
2. In Sec.  210.10:
0
a. Revise paragraph (b)(2)(ii), table 1 to paragraph (c) introductory 
text, paragraphs (d)(1)(i), (f)(2), (i)(3)(ii) and table 5 to paragraph 
(o)(2)(ii);
0
b. Redesignate table 5 to paragraph (o)(3)(ii) as table 6 to paragraph 
(o)(3)(ii) and revise newly redesignated table 6;
0
c. Redesignate table 6 to paragraph (o)(4)(ii) as table 7 to paragraph 
(o)(4)(ii);
0
d. Redesignate table 7 to paragraph (p)(2) as table 8 to paragraph 
(p)(2) and revise newly redesignated table 8;

[[Page 25077]]

0
e. Redesignate table 8 to paragraph (q)(2) as table 9 to paragraph 
(q)(2).
    The revisions read as follows:


Sec.  210.10  Meal requirements for lunches and requirements for 
afterschool snacks.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Average saturated fat content of the meals offered to each 
age/grade group must be less than 10 percent of total calories 
(excluding saturated fat from milk used to meet the fluid milk 
component requirements);
* * * * *
    (c) * * *

             Table 1 to Paragraph (c) Introductory Text--National School Lunch Program Meal Pattern
----------------------------------------------------------------------------------------------------------------
                                                     Amount of food 1 per week (minimum per day)
          Meal components          -----------------------------------------------------------------------------
                                           Grades K-5                Grades 6-8                Grades 9-12
----------------------------------------------------------------------------------------------------------------
Fruits (cups) \2\.................  2\1/2\ (\1/2\)..........  2\1/2\ (\1/2\)..........  5 (1).
Vegetables (cups) \2\.............  3\3/4\ (\3/4\)..........  3\3/4\ (\3/4\)..........  5 (1).
    Dark Green Subgroup \3\.......  \1/2\...................  \1/2\...................  \1/2\.
    Red/Orange Subgroup \3\.......  \3/4\...................  \3/4\...................  1\1/4\.
    Beans, Peas, and Lentils        \1/2\...................  \1/2\...................  \1/2\
     Subgroup \3\.
    Starchy Subgroup \3\..........  \1/2\...................  \1/2\...................  \1/2\.
    Other Vegetables Subgroup \3    \1/2\...................  \1/2\...................  \3/4\.
     4\.
    Additional Vegetables from Any  1.......................  1.......................  1\1/2\.
     Subgroup to Reach Total.
Grains (oz. eq.) \5\..............  8-9 (1).................  8-10 (1)................  10-12 (2).
Meats/Meat Alternates (oz. eq.)     8-10 (1)................  9-10 (1)................  10-12 (2).
 \6\.
Fluid Milk (cups) \7\.............  5 (1)...................  5 (1)...................  5 (1).
----------------------------------------------------------------------------------------------------------------
                 Dietary Specifications: Daily Amount Based on the Average for a 5-Day Week \8\
----------------------------------------------------------------------------------------------------------------
Minimum-Maximum Calories (kcal)...  550-650.................  600-700.................  750-850.
Saturated Fat (% of total           <10.....................  <10.....................  <10.
 calories) \9\.
Added Sugars (% of total calories)  <10.....................  <10.....................  <10.
Sodium Limit: In place through      <=1,110 mg..............  <=1,225 mg..............  <=1,280 mg.
 June 30, 2027.
Sodium Limit: Must be implemented   <=935 mg................  <=1,035 mg..............  <=1,080 mg.
 by July 1, 2027.
----------------------------------------------------------------------------------------------------------------
\1\ Food items included in each group and subgroup and amount equivalents.
\2\ Minimum creditable serving is \1/8\ cup. One quarter-cup of dried fruit counts as \1/2\ cup of fruit; 1 cup
  of leafy greens counts as \1/2\ cup of vegetables. No more than half of the fruit or vegetable offerings may
  be in the form of juice. All juice must be 100 percent full-strength.
\3\ Larger amounts of these vegetables may be served.
\4\ This subgroup consists of ``Other vegetables'' as defined in paragraph (c)(2)(ii)(E) of this section. For
  the purposes of the NSLP, the ``Other vegetables'' requirement may be met with any additional amounts from the
  dark green, red/orange, and bean, peas, and lentils vegetable subgroups as defined in paragraph (c)(2)(ii) of
  this section.
\5\ Minimum creditable serving is 0.25 oz. eq. At least 80 percent of grains offered weekly (by ounce
  equivalents) must be whole grain-rich as defined in Sec.   210.2 and the remaining grains items offered must
  be enriched.
\6\ Minimum creditable serving is 0.25 oz. eq.
\7\ Minimum creditable serving is 8 fluid ounces. All fluid milk must meet the requirements in paragraph (d) of
  this section.
\8\ By July 1, 2027, schools must meet the dietary specification for added sugars. Schools must meet the sodium
  limits by the dates specified in this chart. Discretionary sources of calories may be added to the meal
  pattern if within the dietary specifications.
\9\ Saturated fat from milk used to meet the fluid milk component requirements is excluded from the weekly
  dietary specification.

* * * * *
    (d) * * *
    (1) * * *
    (i) Schools must offer students a variety (at least two different 
options) of fluid milk at lunch daily. Milk may be whole, reduced-fat 
(2 percent), low-fat (1 percent), or fat-free (skim). Lactose-free and 
reduced-lactose fluid milk may also be offered.
* * * * *
    (f) * * *
    (2) Saturated fat. School lunches offered to all age/grade groups 
must, on average over the school week, provide less than 10 percent of 
total calories from saturated fat (excluding saturated fat from milk 
used to meet the fluid milk component requirements).
* * * * *
    (i) * * *
    (3) * * *
    (ii) Analyzed nutrients. The analysis determines the average levels 
of calories, saturated fat (excluding saturated fat from milk used to 
meet the fluid milk component requirements), added sugars, and sodium 
in the meals offered over a school week. It includes all food items 
offered by the reviewed school over a one-week period.
* * * * *
    (o) * * *
    (2) * * *
    (ii) * * *

Table 5 to Paragraph (o)(2)(ii)--Afterschool Snack Meal Pattern for K-12
                          Children [Ages 6-18]
      [Select two of the five components for a reimbursable snack]
------------------------------------------------------------------------
          Meal components \1\                 Minimum quantities \2\
------------------------------------------------------------------------
Fluid Milk \3\.........................  8 fluid ounces.
Meats/meat alternates \4\..............  1 ounce equivalent.
Vegetable \5\..........................  \3/4\ cup.
Fruits \5\.............................  \3/4\ cup.
Grains \6\.............................  1 ounce equivalent.
------------------------------------------------------------------------
\1\ Must serve two of the five components for a reimbursable afterschool
  snack. Only one of the two components may be a beverage.

[[Page 25078]]

 
\2\ May need to serve larger portions to children ages 13 through 18 to
  meet their nutritional needs.
\3\ Milk may be unflavored or flavored.
\4\ Alternate protein products must meet the requirements in appendix A
  to part 226 of this chapter. Yogurt must contain no more than 12 grams
  of added sugars per 6 ounces (2 grams of added sugars per ounce).
  Information on crediting meats/meat alternates may be found in FNS
  guidance.
\5\ Juice must be pasteurized, full-strength juice. No more than half of
  the weekly fruit or vegetable offerings may be in the form of juice.
\6\ At least 80 percent of grains offered weekly (by ounce equivalents)
  must be whole grain-rich, as defined in Sec.   210.2, and the
  remaining grains items offered must be enriched. Grain-based desserts
  may not be used to meet the grains requirement. Breakfast cereal must
  have no more than 6 grams of added sugars per dry ounce. Information
  on crediting grain items may be found in FNS guidance.

    (3) * * *
    (ii) * * *

   Table 6 to Paragraph (o)(3)(ii)--Afterschool Snack Meal Pattern for
                              Preschoolers
      [Select two of the five components for a reimbursable snack]
------------------------------------------------------------------------
                                            Minimum quantities
       Meal components \1\       ---------------------------------------
                                       Ages 1-2            Ages 3-5
------------------------------------------------------------------------
Fluid Milk \2\..................  4 fluid ounces....  4 fluid ounces.
Meats/meat alternates \3\.......  \1/2\ ounce         \1/2\ ounce
                                   equivalent.         equivalent.
Vegetables \4\..................  \1/2\ cup.........  \1/2\ cup.
Fruits \4\......................  \1/2\ cup.........  \1/2\ cup.
Grains \5\......................  \1/2\ ounce         \1/2\ ounce
                                   equivalent.         equivalent.
------------------------------------------------------------------------
\1\ Must serve two of the five components for a reimbursable afterschool
  snack. Only one of the two components may be a beverage.
\2\ Must be unflavored whole milk for children age one. Must be
  unflavored milk for children two through five years old.
\3\ Alternate protein products must meet the requirements in appendix A
  to part 226 of this chapter. Through September 30, 2025, yogurt must
  contain no more than 23 grams of total sugars per 6 ounces. By October
  1, 2025, yogurt must contain no more than 12 grams of added sugars per
  6 ounces (2 grams of added sugars per ounce). Information on crediting
  meats/meat alternates may be found in FNS guidance.
\4\ Pasteurized full-strength juice may only be offered to meet the
  vegetable or fruit requirement at one meal, including snack, per day.
\5\ At least one serving per day, across all eating occasions, must be
  whole grain-rich. Grain-based desserts do not count toward meeting the
  grains requirement. Through September 30, 2025, breakfast cereals must
  contain no more than 6 grams of total sugars per dry ounce. By October
  1, 2025, breakfast cereals must contain no more than 6 grams of added
  sugars per dry ounce.

* * * * *
    (p) * * *
    (2) * * *

        Table 8 to Paragraph (p)(2)--Preschool Lunch Meal Pattern
       [Select the appropriate components for a reimbursable meal]
------------------------------------------------------------------------
                                            Minimum quantities
       Meal components \1\       ---------------------------------------
                                       Ages 1-2            Ages 3-5
------------------------------------------------------------------------
Fluid Milk......................  4 fluid ounces \2\  6 fluid ounces.\3\
Meats/meat alternates \4\.......  1 ounce equivalent  1\1/2\ ounce
                                                       equivalent.
Vegetables \5\..................  \1/8\ cup.........  \1/4\ cup.
Fruits \5\......................  \1/8\ cup.........  \1/4\ cup.
Grains \6\......................  \1/2\ ounce         \1/2\ ounce
                                   equivalent.         equivalent.
------------------------------------------------------------------------
\1\ Must serve all five components for a reimbursable meal.
\2\ Must serve unflavored whole milk to children age 1.
\3\ Must serve unflavored milk to children 2 through 5 years old.
\4\ Alternate protein products must meet the requirements in appendix A
  to part 226 of this chapter. Through September 30, 2025, yogurt must
  contain no more than 23 grams of total sugars per 6 ounces. By October
  1, 2025, yogurt must contain no more than 12 grams of added sugars per
  6 ounces (2 grams of added sugars per ounce). Information on crediting
  meats/meat alternates may be found in FNS guidance.
\5\ Juice must be pasteurized. Full-strength juice may only be offered
  to meet the vegetable or fruit requirement at one meal or snack, per
  day. Vegetables may be offered to meet the entire fruits requirement.
  When two vegetables are served at lunch or supper, two different kinds
  of vegetables must be served.
\6\ Must serve at least one whole grain-rich serving, across all eating
  occasions, per day. Grain-based desserts may not be offered to meet
  the grains requirement. Through September 30, 2025, breakfast cereals
  must contain no more than 6 grams of total sugars per dry ounce. By
  October 1, 2025, breakfast cereal must have no more than 6 grams of
  added sugars per dry ounce. Information on crediting grain items may
  be found in FNS guidance.

* * * * *

PART 215--SPECIAL MILK PROGRAM FOR CHILDREN

0
3. The authority citation for part 215 continues to read as follows:

    Authority:  42 U.S.C. 1772 and 1779.


0
4. In Sec.  215.7a, revise paragraphs (a)(2) and (3) to read as 
follows:


Sec.  215.17a  Fluid milk and non-dairy milk substitute requirements.

* * * * *
    (a) * * *
    (2) Children 2 through 5 years old. Children two through five years 
old may be served whole, reduced-fat (2 percent), low-fat (1 percent), 
or fat-free (skim) milk. Milk must be unflavored.
    (3) Children 6 years old and older. Children 6 years old and older 
may be served whole, reduced-fat (2 percent), low-fat (1 percent), or 
fat-free (skim) milk. Milk may be flavored or unflavored.
* * * * *

[[Page 25079]]

PART 220--SCHOOL BREAKFAST PROGRAM

0
5. The authority citation for part 220 continues to read as follows:

    Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.


0
6. Amend Sec.  220.8 by revising paragraph (b)(2)(ii), table 1 to 
paragraph (c) introductory text, paragraphs (d), (f)(2), (i) and table 
4 to paragraph (o)(2) to read as follows:


Sec.  220.8  Meal requirements for breakfasts.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Average saturated fat content of the meals offered to each 
age/grade group must be less than 10 percent of total calories 
(excluding saturated fat from milk used to meet the fluid milk 
component requirements) as specified in paragraph (f) of this section;
* * * * *
    (c) * * *

                Table 1 to Paragraph (c) Introductory Text--School Breakfast Program Meal Pattern
----------------------------------------------------------------------------------------------------------------
                                                                   Amount of food \1\ per week (minimum per day)
                         Meal components                         -----------------------------------------------
                                                                    Grades K-5      Grades 6-8      Grades 9-12
----------------------------------------------------------------------------------------------------------------
Fruits (cups) \2\...............................................           5 (1)           5 (1)           5 (1)
Vegetables (cups) \2\...........................................               0               0               0
    Dark Green Subgroup.........................................               0               0               0
    Red/Orange Subgroup.........................................               0               0               0
    Beans, Peas, and Lentils Subgroup...........................               0               0               0
    Starchy Subgroup............................................               0               0               0
    Other Vegetables Subgroup...................................               0               0               0
Grains or Meats/Meat Alternates (oz. eq.) \3\...................        7-10 (1)        8-10 (1)        9-10 (1)
Fluid Milk (cups) \4\...........................................           5 (1)           5 (1)           5 (1)
----------------------------------------------------------------------------------------------------------------
                 Dietary Specifications: Daily Amount Based on the Average for a 5-Day Week \5\
----------------------------------------------------------------------------------------------------------------
Minimum-Maximum Calories (kcal).................................         350-500         400-550         450-600
Saturated Fat (% of total calories) \6\.........................             <10             <10             <10
Added Sugars (% of total calories)..............................             <10             <10             <10
Sodium Limit: In place through June 30, 2027....................        <=540 mg        <=600 mg        <=640 mg
Sodium Limit: Must be implemented by July 1, 2027...............        <=485 mg        <=535 mg        <=570 mg
----------------------------------------------------------------------------------------------------------------
 \1\ Food items included in each group and subgroup and amount equivalents.
 \2\ Minimum creditable serving is \1/8\ cup. Schools must offer 1 cup of fruit daily and 5 cups of fruit
  weekly. Schools may substitute vegetables for fruit at breakfast as described in paragraphs (c)(2)(i) and (ii)
  of this section.
 \3\ Minimum creditable serving is 0.25 oz. eq. School may offer grains, meats/meat alternates, or a combination
  of both to meet the daily and weekly ounce equivalents for this combined component. At least 80 percent of
  grains offered weekly at breakfast must be whole grain-rich as defined in Sec.   210.2 of this chapter, and
  the remaining grain items offered must be enriched.
 \4\ Minimum creditable serving is 8 fluid ounces. All fluid milk must meet the requirements in paragraph (d) of
  this section.
 \5\ By July 1, 2027, schools must meet the dietary specification for added sugars. Schools must meet the sodium
  limits by the dates specified in this chart. Discretionary sources of calories may be added to the meal
  pattern if within the dietary specifications.
 \6\ Saturated fat from milk used to meet the fluid milk component requirements is excluded from the weekly
  dietary specification.

* * * * *
    (d) Fluid milk requirements. Schools must offer students a variety 
(at least two different options) of fluid milk at breakfast daily. Milk 
may be whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free 
(skim). Lactose-free and reduced-lactose fluid milk may also be 
offered. Milk may be flavored or unflavored, provided that unflavored 
milk is offered at each meal service. By July 1, 2025, flavored milk 
must contain no more than 10 grams of added sugars per 8 fluid ounces, 
or for flavored milk sold as competitive food for middle and high 
schools, 15 grams of added sugars per 12 fluid ounces. Schools must 
also comply with other applicable fluid milk requirements in Sec.  
210.10(d) of this chapter.
* * * * *
    (f) * * *
    (2) Saturated fat. School breakfast offered to all age/grade groups 
must, on average over the school week, provide less than 10 percent of 
total calories from saturated fat (excluding saturated fat from milk 
used to meet the fluid milk component requirements).
* * * * *
    (i) Nutrient analyses of school meals. Any nutrient analysis of 
school breakfasts conducted under the administrative review process set 
forth in Sec.  210.18 of this chapter must be performed in accordance 
with the procedures established in Sec.  210.10(i) of this chapter. The 
purpose of the nutrient analysis is to determine the average levels of 
calories, saturated fat (excluding saturated fat from milk used to meet 
the fluid milk component requirements), added sugars, and sodium in the 
breakfasts offered to each age grade group over a school week.
* * * * *
    (o) * * *
    (2) * * *

      Table 4 to Paragraph (o)(2)--Preschool Breakfast Meal Pattern
       [Select the appropriate components for a reimbursable meal]
------------------------------------------------------------------------
                                            Minimum quantities
 Meal components and food items  ---------------------------------------
               \1\                     Ages 1-2            Ages 3-5
------------------------------------------------------------------------
Fluid Milk \2\..................  4 fluid ounces....  6 fluid ounces.
Vegetables, Fruits, or portions   \1/4\ cup.........  \1/2\ cup.
 of both \3\.

[[Page 25080]]

 
Grains (oz. eq.) \4\............  \1/2\ ounce         \1/2\ ounce
                                   equivalent.         equivalent.
------------------------------------------------------------------------
 \1\ Must serve all three components for a reimbursable meal.
 \2\ Must be unflavored whole milk for children age one. Must be
  unflavored milk for children two through five years old.
 \3\ Pasteurized full-strength juice may only be offered to meet the
  vegetable or fruit requirement at one meal, including snack, per day.
 \4\ At least one serving per day, across all eating occasions, must be
  whole grain-rich. Grain-based desserts do not count toward meeting the
  grains requirement. Meats/meat alternates may be offered in place of
  the entire grains requirement, up to 3 times per week at breakfast.
  One ounce equivalent of a meat/meat alternate credits equal to one
  ounce equivalent of grains. Through September 30, 2025, breakfast
  cereals must contain no more than 6 grams of total sugars per dry
  ounce. By October 1, 2025, breakfast cereals must contain no more than
  6 grams of added sugars per dry ounce. Information on crediting grain
  items and meats/meat alternates may be found in FNS guidance.

* * * * *

PART 226--CHILD AND ADULT CARE FOOD PROGRAM

0
7. The authority citation for part 226 continues to read as follows:

    Authority: Secs. 9, 11, 14, 16, and 17, Richard B. Russell 
National School Lunch Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 
1765 and 1766).


0
8. Amend Sec.  226.20 by revising paragraphs (a)(1)(ii) through (iv), 
table 2 to paragraph (c)(1), table 3 to paragraph (c)(2), and table 4 
to paragraph (c)(3) to read as follows.


Sec.  226.20  Requirements for meals.

    (a) * * *
    (1) * * *
    (ii) Children 2 through 5 years old. Whole, reduced-fat (2 
percent), low-fat (1 percent), or fat-free (skim) milk. Milk must be 
unflavored.
    (iii) Children 6 years old and older. Whole, reduced-fat (2 
percent), low-fat (1 percent), or fat-free (skim) milk may be served. 
Milk may be unflavored or flavored.
    (iv) Adults. Whole, reduced-fat (2 percent), low-fat (1 percent), 
or fat-free (skim) milk may be served. Milk may be unflavored or 
flavored. Six ounces (weight) or \3/4\ cup (volume) of yogurt may be 
used to fulfill the equivalent of 8 ounces of fluid milk once per day. 
Yogurt may be counted as either a fluid milk substitute or as a meat 
alternate, but not as both in the same meal.
* * * * *
    (c) * * *
    (1) * * *

                                        Table 2 to Paragraph (c)(1)--Child and Adult Care Food Program Breakfast
                                               [Select the appropriate components for a reimbursable meal]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Minimum quantities
 Meal components and food items \1\ --------------------------------------------------------------------------------------------------------------------
                                            Ages 1-2                Ages 3-5               Ages 6-12            Ages 13-18 \2\       Adult participants
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fluid milk.........................  4 fluid ounces \3\....  6 fluid ounces \4\....  8 fluid ounces \5\...  8 fluid ounces \5\...  8 fluid ounces \6\.
Vegetables, fruits, or portions of   \1/4\ cup.............  \1/2\ cup.............  \1/2\ cup............  \1/2\ cup............  \1/2\ cup.
 both \7\.
Grains \8\.........................  \1/2\ ounce equivalent  \1/2\ ounce equivalent  1 ounce equivalent...  1 ounce equivalent...  2 ounce equivalents.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Must serve all three components for a reimbursable meal. Offer versus serve is an option for at-risk afterschool care and adult day care centers.
\2\ At-risk afterschool programs and emergency shelters may need to serve larger portions to children ages 13 through 18 to meet their nutritional
  needs.
\3\ Must serve unflavored whole milk to children age 1.
\4\ Must serve unflavored milk to children 2 through 5 years old.
\5\ May serve unflavored or flavored milk to children ages 6 and older.
\6\ May serve unflavored or flavored milk to adults. Yogurt may be offered in the place of milk once per day for adults. Yogurt may count as either a
  fluid milk substitute or as a meat alternate, but not both, in the same meal. Six ounces (by weight) or \3/4\ cup (by volume) of yogurt is the
  equivalent of 8 ounces of fluid milk. Through September 30, 2025, yogurt must contain no more than 23 grams of total sugars per 6 ounces. By October
  1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce).
\7\ Juice must be pasteurized. Full-strength juice may only be offered to meet the vegetable or fruit requirement at one meal or snack, per day.
\8\ Must serve at least one whole grain-rich serving, across all eating occasions, per day. Grain-based desserts may not be used to meet the grains
  requirement. Meats/meat alternates may be offered in place of the entire grains requirement, up to 3 times per week at breakfast. One ounce equivalent
  of meats/meat alternates credits equal to one ounce equivalent of grains. Through September 30, 2025, breakfast cereals must contain no more than 6
  grams of total sugars per dry ounce. By October 1, 2025, breakfast cereals must contain no more than 6 grams of added sugars per dry ounce.
  Information on crediting grain items and meats/meat alternates may be found in FNS guidance.

    (2) * * *

                                     Table 3 to Paragraph (c)(2)--Child and Adult Care Food Program Lunch and Supper
                                               [Select the appropriate components for a reimbursable meal]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Minimum quantities
 Meal components and food items \1\ --------------------------------------------------------------------------------------------------------------------
                                            Ages 1-2                Ages 3-5               Ages 6-12            Ages 13-18 \2\       Adult participants
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fluid milk.........................  4 fluid ounces \3\....  6 fluid ounces \4\....  8 fluid ounces \5\...  8 fluid ounces \5\...  8 fluid ounces \6\.

[[Page 25081]]

 
Meats/meat alternates \7\..........  1 ounce equivalent....  1\1/2\ ounce            2 ounce equivalents..  2 ounce equivalents..  2 ounce equivalents.
                                                              equivalents.
Vegetables \8\.....................  \1/8\ cup.............  \1/4\ cup.............  \1/2\ cup............  \1/2\ cup............  \1/2\ cup.
Fruits \8\.........................  \1/8\ cup.............  \1/4\ cup.............  \1/4\ cup............  \1/4\ cup............  \1/2\ cup.
Grains \9\.........................  \1/2\ ounce equivalent  \1/2\ ounce equivalent  1 ounce equivalent...  1 ounce equivalent...  2 ounce equivalents.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Must serve all five components for a reimbursable meal. Offer versus serve is an option for at-risk afterschool care and adult day care centers.
\2\ At-risk afterschool programs and emergency shelters may need to serve larger portions to children ages 13 through 18 to meet their nutritional
  needs.
\3\ Must serve unflavored whole milk to children age 1.
\4\ Must serve unflavored milk to children 2 through 5 years old.
\5\ May serve unflavored or flavored milk to children ages 6 and older.
\6\ May serve unflavored or flavored milk to adults. Yogurt may be offered in place of milk once per day for adults. Yogurt may count as either a fluid
  milk substitute or as a meat alternate, but not both, in the same meal. Six ounces (by weight) or \3/4\ cup (by volume) of yogurt is the equivalent of
  8 ounces of fluid milk. A serving of fluid milk is optional for suppers served to adult participants.
\7\ Alternate protein products must meet the requirements in appendix A to this part. Through September 30, 2025, yogurt must contain no more than 23
  grams of total sugars per 6 ounces. By October 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added
  sugars per ounce). Information on crediting meats/meat alternates may be found in FNS guidance.
\8\ Juice must be pasteurized. Full-strength juice may only be offered to meet the vegetable or fruit requirement at one meal or snack, per day. A
  vegetable may be offered to meet the entire fruit requirement. When two vegetables are served at lunch or supper, two different kinds of vegetables
  must be served.
\9\ Must serve at least one whole grain-rich serving, across all eating occasions, per day. Grain-based desserts may not be used to meet the grains
  requirement. Through September 30, 2025, breakfast cereals must contain no more than 6 grams of total sugars per dry ounce. By October 1, 2025,
  breakfast cereal must contain no more than 6 grams of added sugars per dry ounce. Information on crediting grain items may be found in FNS guidance.

    (3) * * *

                                          Table 4 to Paragraph (c)(3)--Child and Adult Care Food Program Snack
                                              [Select two of the five components for a reimbursable snack]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Minimum quantities
 Meal components and food items \1\ --------------------------------------------------------------------------------------------------------------------
                                            Ages 1-2                Ages 3-5               Ages 6-12            Ages 13-18 \2\       Adult participants
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fluid milk.........................  4 fluid ounces \3\....  4 fluid ounces \4\....  8 fluid ounces \5\...  8 fluid ounces \5\...  8 fluid ounces \6\.
Meats/meat alternates \7\..........  \1/2\ ounce equivalent  \1/2\ ounce             1 ounce equivalents..  1 ounce equivalents..  1 ounce equivalents.
                                                              equivalents.
Vegetables \8\.....................  \1/2\ cup.............  \1/2\ cup.............  \3/4\ cup............  \3/4\ cup............  \1/2\ cup.
Fruits \8\.........................  \1/2\ cup.............  \1/2\ cup.............  \3/4\ cup............  \3/4\ cup............  \1/2\ cup.
Grains \9\.........................  \1/2\ ounce equivalent  \1/2\ ounce equivalent  1 ounce equivalent...  1 ounce equivalent...  1 ounce equivalents.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Must serve two of the five components for a reimbursable snack. Milk and juice may not be served as the only two items in a reimbursable snack.
\2\ At-risk afterschool programs and emergency shelters may need to serve larger portions to children ages 13 through 18 to meet their nutritional
  needs.
\3\ Must serve unflavored whole milk to children age 1.
\4\ Must serve unflavored milk to children 2 through 5 years old.
\5\ May serve unflavored or flavored milk to children ages 6 and older.
\6\ May serve unflavored or flavored milk to adults. Yogurt may be offered in place of milk, once per day for adults. Yogurt may count as either a fluid
  milk substitute or as a meat alternate, but not both, in the same meal. Six ounces (by weight) or \3/4\ cup (by volume) of yogurt is the equivalent of
  8 ounces of fluid milk.
\7\ Alternate protein products must meet the requirements in appendix A to this part. Through September 30, 2025, yogurt must contain no more than 23
  grams of total sugars per 6 ounces. By October 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added
  sugars per ounce). Information on crediting meats/meat alternates may be found in FNS guidance.
\8\ Juice must be pasteurized. Full-strength juice may only be offered to meet the vegetable or fruit requirement at one meal or snack, per day.
\9\ Must serve at least one whole grain-rich serving, across all eating occasions, per day. Grain-based desserts may not be used to meet the grains
  requirement. Through September 30, 2025, breakfast cereals must contain no more than 6 grams of total sugars per dry ounce. By October 1, 2025,
  breakfast cereal must contain no more than 6 grams of added sugar per dry ounce. Information on crediting grain items may be found in FNS guidance.

* * * * *

Patrick A. Penn,
Acting Administrator.
[FR Doc. 2026-09212 Filed 5-7-26; 8:45 am]
BILLING CODE 3410-30-P


</pre></body>
</html>
Indexed from Federal Register on May 8, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.