(a) General requirements for school lunches.
(1) In order to qualify for reimbursement, all lunches served to children age 2 and older, as offered by participating schools, shall, at a minimum, meet the nutrition standards provided in paragraph (b) of this section and the appropriate level of calories and nutrients provided for in either paragraph (c) or paragraph (i)(1) of this section for nutrient standard menu planning and assisted nutrient standard menu planning or in paragraph (d) of this section for food-based menu planning, whichever is applicable. Compliance with the nutrition standards and the nutrient and calorie levels shall be determined by averaging lunches offered over a school week. Except as otherwise provided herein, school food authorities shall ensure that sufficient quantities of foods are planned and produced to meet, at a minimum, the nutrition standards in paragraph (b) of this section, the appropriate nutrient and calorie levels in paragraphs (c), (d), or (i)(1) of this section, whichever is applicable, and to either contain all the required food items in at least the amounts indicated in paragraph (k) of this section or to supply sufficient quantities of menu items and foods as provided in paragraphs (i) or (j) of this section.
(2) School food authorities shall ensure that each lunch is priced as a unit and that lunches are planned and produced on the basis of participation trends, with the objective of providing one reimbursable lunch per child per day. Any excess lunches that are produced may be offered, but shall not be claimed for general or special cash assistance provided under Sec. 210.4. The component requirements for meal supplements served under the Child and Adult Care Food Program authorized under part 225 of this chapter shall also apply to meal supplements served by eligible school food authorities in afterschool care programs under the NSLP.
(3) Production and menu records shall be maintained to demonstrate that the required number of food components and food items or menu items are offered on a given day. Production records shall include sufficient information to evaluate the menu's contribution to the requirements on nutrition standards in paragraph (b) of this section and the appropriate levels of nutrients and calories in paragraphs (c), (d) or (i)(1) of this section, whichever is applicable. If applicable, schools or school food authorities shall maintain nutritional analysis records to demonstrate that lunches meet, when averaged over each school week, the nutrition standards provided in paragraph (b) of this section and the nutrient and calorie levels for the appropriate age or grade group as provided for in paragraphs (c) or (i)(1) of this section, whichever is applicable.
(b) Nutrition standards for reimbursable lunches. School food authorities shall ensure that participating schools provide nutritious and well-balanced meals to children. In addition, for children ages 2 and above meals shall be provided based on the nutrition standards provided in this section.
(1) Provision of one-third of the Recommended Dietary Allowances (RDA) of protein, calcium, iron, vitamin A and vitamin C to the applicable age or grade groups in accordance with the appropriate levels provided in paragraph (c), (d) or (i)(1) of this section, whichever is applicable;
(2) Provision of the lunchtime energy allowances for children based on the appropriate age or grade groups in accordance with the levels provided in paragraphs (c), (d) or (i)(1) of this section, whichever is applicable;
(3) The applicable recommendations of the 1990 Dietary Guidelines for Americans which are:
(i) Eat a variety of foods;
(ii) Limit total fat to 30 percent of calories;
(iii) Limit saturated fat to less than 10 percent of calories;
(iv) Choose a diet low in cholesterol;
(v) Choose a diet with plenty of vegetables, fruits, and grain products; and
(vi) Use salt and sodium in moderation.
(4) The following measures of compliance with the applicable recommendations of the 1990 Dietary Guidelines for Americans:
(i) A limit on the percent of calories from total fat to 30 percent based on the actual number of calories offered;
(ii) A limit on the percent of calories from saturated fat to less than 10 percent based on the actual number of calories offered;
(iii) A reduction of the levels of sodium and cholesterol; and
(iv) An increase in the level of dietary fiber.
(5) School food authorities have three alternatives for menu planning in order to meet the requirements of this paragraph and the appropriate nutrient and calorie levels in paragraphs (c), (d) or (i)(1) of this section, whichever is applicable: nutrient standard menu planning as provided for in paragraph (i) of this section, assisted nutrient standard menu planning as provided for in paragraph (j) of this section, or food-based menu planning as provided for in paragraph (k) of this section. The actual minimum calorie levels vary depending upon the alternative followed due to differences in age/grade groupings of each
alternative.
(c) Nutrient levels for school lunches/nutrient analysis.
(1) For the purposes of nutrient standard and assisted nutrient standard menu planning, as provided for in paragraphs (i) and (j), respectively, of this section, schools shall, at a minimum, provide calorie and nutrient levels for school lunches (offered over a school week) for the required grade groups specified in the chart following:
Minimum Requirements for Nutrient Levels for School Lunches/Nutrient Analysis (School Week Averages)
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Minimum requirements Optional
-----------------------------------------------------------------------------------------
Nutrients and energy allowances
Pre- Grades Grades Grades
school K-6 7-12 K-3
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Energy allowance/calories 517 664 825 633
Total fat (as a percent of actual total food energy)........
(/1/) (/1/) (/1/) (/1/)
Saturated fat (as a percent of actual total food energy)....
(/2/) (/2/) (/2/) (/2/)
RDA for protein (g)............ 7 10 16 9
RDA for calcium (mg)......... 267 286 400 267
RDA for iron (mg)............. 3.3 3.5 4.5 3.3
RDA for vitamin A (RE)....... 150 224 300 200
RDA for vitamin C (mg)....... 14 15 18 15
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/1/ Not to exceed 30 percent over a school week.
/2/ Less than 10 percent over a school week.
(2) At their option, schools may provide for the calorie and nutrient levels for school lunches (offered over a school week) for the age groups specified in the following chart or may develop their own age groups and their corresponding levels in accordance with paragraph (i)(1) of this section.
Optional Minimum Nutrient Levels for School Lunches/Nutrient Analysis (School Week Averages)
----------------------------------------------------------------------------------------------------------------
Ages 14 and
Nutrients and energy allowances Ages 3-6 Ages 7-10 Ages 11-13 above
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Energy allowance/calories.................... 558 667 783 846
Total fat (as a percent of actual total food energy)........
(/1/) (/1/) (/1/) (/1/)
Saturated fat (as a percent of actual total food energy)....
(/2/) (/2/) (/2/) (/2/)
RDA for protein (g)..................... 7.3 9.3 15.0 16.7
RDA for calcium (mg).................... 267 267 400 400
RDA for iron (mg)....................... 3.3 3.3 4.5 4.5
RDA for vitamin A (RE)................... 158 233 300 300
RDA for vitamin C (mg)................... 14.6 15.0 16.7 19.2
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/1/ Not to exceed 30 percent over a school week.
/2/ Less than 10 percent over a school week.
(d) Minimum nutrient levels for school lunches/food-based menu planning. For the purposes of food-based menu planning, as provided for in paragraph (k) of this section, the following chart provides the minimum levels, by grade group, for calorie and nutrient levels for school lunches offered over a school week:
Minimum Nutrient Levels for School Lunches/Food-Based Menu Planning (School Week Averages)
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Grades 7- Grades K-3
Preschool Grades K-6 12 option
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Energy allowances (Calories)................................ 517 664 825 633
Total fat (as a percentage of actual total food energy).....
(/1/) (/1/) (/1/) (/1/)
Total saturated fat (as a percentage of actual total food (/2/) (/2/) (/2/) (/2/)
energy)....................................................
Protein (g)................................................. 7 10 16 9
Calcium (mg)................................................ 267 286 400 267
Iron (mg)................................................... 3.3 3.5 4.5 3.3
Vitamin A (RE).............................................. 150 224 300 200
Vitamin C (mg).............................................. 14 15 18 15
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/1/ Not to exceed 30 percent over a school week.
/2/ Less than 10 percent over a school week.
(e) Choice. To provide variety and to encourage consumption and participation, schools should, whenever possible, offer a selection of menu items and foods from which children may make choices. When a school offers a selection of more than one type of lunch or when it offers a variety of menu items, foods or milk for choice within a reimbursable lunch, the school shall offer all children the same selection regardless of whether the children are eligible for free or reduced price lunches or pay the school food authority's designated full price. The school may establish different unit prices for each type of lunch offered provided that the benefits made available to children eligible for free or reduced price lunches are not affected.
(f) Lunch period. At or about mid-day schools shall offer lunches which meet the requirements of this section during a period designated as the lunch period by the school food authority. Such lunch periods shall occur between 10:00 a.m. and 2:00 p.m., unless otherwise exempted by FNS. With State agency approval, schools that serve children 1-5 years old are encouraged to divide the service of the meal into two distinct service periods. Such schools may divide the quantities, and/or menu items, foods or food items offered between these service periods in any combination that they choose. Schools are also encouraged to provide an adequate number of lunch periods of sufficient length to ensure that all students have an opportunity to be served and have ample time to consume their meals.
(g) Exceptions. Lunches claimed for reimbursement shall meet the nutrition requirements for reimbursable meals specified in this section. However, lunches served which accommodate the exceptions and variations authorized under this paragraph are also reimbursable. Exceptions and variations are restricted to the following:
(1) Medical or dietary needs. Schools shall make substitutions in foods listed in this section for students who are considered to have a disability under 7 CFR part 15b and whose disability restricts their diet. Schools may also make substitutions for students who do not have a disability but who are unable to consume the regular lunch because of medical or other special dietary needs. Substitutions shall be made on a case by case basis only when supported by a statement of the need for substitutions that includes recommended alternate foods, unless otherwise exempted by FNS. Such statement shall, in the case of a student with a disability, be signed by a physician or, in the case of a student who is not disabled, by a recognized medical authority.
(2) Ethnic, religious or economic variations. FNS encourages school food authorities to consider ethnic and religious preferences when planning and preparing meals. For the purposes of the food-based menu planning alternative as provided for in paragraph (k) of this section, FNS may approve variations in the food components of the lunch on an experimental or on a continuing basis in any school where there is evidence that such variations are nutritionally sound and are necessary to meet ethnic, religious, or economic needs.
(3) Natural disaster. In the event of a natural disaster or other catastrophe, FNS may temporarily allow schools to serve lunches for reimbursement that do not meet the requirements of this section.
(h) Nutrition disclosure. School food authorities are encouraged to make information available indicating efforts to meet the nutrition standards in paragraph (b) of this section.
(i) Nutrient standard menu planning.
(1) Adjusted nutrient levels.
(i) At a minimum, schools with children age 2 that choose the nutrient standard menu planning alternative shall ensure that the nutrition standards in paragraph (b) and the required preschool level in paragraph (c)(1) of this section are met over a school week except that, such schools have the option of either using the nutrient and calorie levels for preschool children in paragraph (c)(2) of this section or developing separate nutrient and calorie levels for this age group. The methodology for determining such levels will be available in menu planning guidance material provided by FNS.
(ii) At a minimum, schools shall offer meals to children based on the required grade groups in the table, Minimum Nutrient Levels for School Lunches/Nutrient Analysis, in paragraph (c)(1) of this section. However, schools may, at their option, offer meals to children using the age groups and their corresponding calorie and nutrient levels in paragraph (c)(2) of this section or, following guidance provided by FNS, develop their own age or grade groups and their corresponding nutrient and calorie levels. However, if only one age or grade is outside the established levels, schools may use the levels for the majority of children regardless of the option selected.
(2) Contents of reimbursable meal and offer versus serve.
(i) Minimum requirements. For the purposes of this menu planning alternative, a reimbursable lunch shall include a minimum of three menu items as defined in Sec. 210.2; one menu item shall be an entree and one shall be fluid milk as a beverage. An entree may be a combination of foods or a single food item that is offered as the main course. All menu items or foods offered as part of the reimbursable meal may be considered as contributing towards meeting the nutrition standards in paragraph (b) of this section and the appropriate nutrient and calorie levels in paragraph (c) or (i)(1) of this section, whichever is applicable, except for those foods that are considered foods of minimal nutritional value as provided for in Sec. 210.11(a)(2) which are not offered as part of a menu item in a reimbursable meal. Such reimbursable lunches, as offered, shall meet the established nutrition standards in paragraph (b) and the appropriate nutrient and calorie levels in paragraphs (c) or (i)(1) of this section, whichever is applicable, when averaged over a school week.
(ii) Offer versus serve. Each participating school shall offer its students at least three menu items as required by paragraph (i)(2)(i) of this section. Under offer versus serve, senior high students must select at least two menu items and may decline a maximum of two menu items; one menu item selected must be an entree. At the discretion of the school food authority, students below the senior high level may also participate in offer versus serve. The price of a reimbursable lunch shall not be affected if a student declines a menu item or requests smaller portions. State educational agencies shall define "senior high."
(3) Nutrient analysis under Nutrient Standard Menu Planning. School food authorities choosing the nutrient analysis alternative shall conduct nutrient analysis on all menu items or foods offered as part of the reimbursable meal. However, those foods that are considered as foods of minimal nutritional value as provided for in Sec. 210.11(a)(2) which are not offered as part of a menu item in a reimbursable meal shall not be included. Such analysis shall be over the course of each school week.
(4) The National Nutrient Database and software specifications.
(i) Nutrient analysis shall be based on information provided in the National Nutrient Database for Child Nutrition Programs. This database shall be incorporated into software used to conduct nutrient analysis. Upon request, FNS will provide information about the database to software companies and others that wish to develop school food service software systems.
(ii) Any software used to conduct nutrient analysis shall be evaluated by FNS or by an FNS designee beforehand and, as submitted, has been determined to meet the minimum requirements established by FNS. However, such review does not constitute endorsement by FNS or USDA. Such software shall provide the capability to perform all functions required after the basic data has been entered including calculation of weighted averages and the optional combining of analysis of the lunch and breakfast programs as provided in paragraph (i)(5) of this section.
(5) Determination of weighted averages.
(i) Menu items and foods offered as part of a reimbursable meal shall be analyzed based on portion sizes and projected serving amounts and shall be weighted based on their proportionate contribution to the meals. Therefore, in determining whether meals satisfy nutritional requirements, menu items or foods more frequently offered will be weighted more heavily than menu items or foods which are less frequently offered. Such weighting shall be done in accordance with guidance issued by FNS as well as that provided by the software used.
(ii) An analysis of all menu items and foods offered in the menu over each school week shall be computed for calories and for each of the following nutrients: protein; vitamin A; vitamin C; iron; calcium; total fat; saturated fat; and sodium. The analysis shall also include the dietary components of cholesterol and dietary fiber.
(iii) At its option, a school food authority may combine analysis of the National School Lunch and School Breakfast Programs. Such analysis shall be proportionate to the levels of participation in the two programs in accordance with guidance issued by FNS.
(6) Comparing average nutrient levels. Once the appropriate procedures of paragraph (i)(5) of this section have been completed, the results shall be compared to the appropriate nutrient and calorie levels, by age/grade groups, in paragraph (c)(1) or (c)(2) of this section or to the levels developed in accordance with paragraph (i)(1) of this section, whichever is applicable, to determine the school week's average. In addition, comparisons shall be made to the nutrition standards provided in paragraph (b) of this section in order to determine the degree of conformity over the school week.
(7) Adjustments based on students' selections. The results obtained under paragraph (i)(5) and (i)(6) of this section shall be used to adjust future menu cycles to accurately reflect production and the frequency with which menu items and foods are offered. Menus may require further analysis and comparison, depending on the results obtained in paragraph (i)(6) of this section, when production and selection patterns of students change. The school food authority may need to consider modifications to the menu items and foods offered based on student selections as well as modifications to recipes and other specifications to ensure that the nutrition standards provided in paragraph (b) of this section and paragraphs (c) or (i)(1) of this section, whichever is applicable, are met.
(8) Standardized recipes. Under Nutrient Standard Menu Planning, standardized recipes shall be developed and followed. A standardized recipe is one that was tested to provide an established yield and quantity through the use of ingredients that remain constant in both measurement and preparation methods. USDA/FNS standardized recipes are included in the National Nutrient Database for the Child Nutrition Programs. In addition, local standardized recipes used by school food authorities shall be analyzed for their calories, nutrients and dietary components, as provided in paragraph (i)(5)(ii) of this section, and added to the local databases by school food authorities in accordance with guidance provided by FNS.
(9) Processed foods. Unless already included in the National Nutrient Database, the calorie amounts, nutrients and dietary components, as provided in paragraph (i)(5)(ii) of this section, of purchased processed foods and menu items used by the school food authority shall be obtained by the school food authority or State agency and incorporated into the database at the local level in accordance with FNS guidance.
(10) Menu substitutions. If the need for serving a substitute food(s) or menu item(s) occurs at least two weeks prior to serving the planned menu, the revised menu shall be reanalyzed based on the changes. If the need for serving a substitute food(s) or menu item(s) occurs two weeks or less prior to serving the planned menu, no reanalysis is required. However, to the extent possible, substitutions should be made using similar foods.
(11) Compliance with the nutrition standards. If the analysis conducted in accordance with paragraphs (i)(1) through (i)(10) of this section shows that the menus offered are not meeting the nutrition standards in paragraph (b) of this section and the appropriate levels of nutrients and calories in paragraph (c)(1) or (c)(2) of this section or the levels developed in accordance with paragraph (i)(1) of this section, whichever is applicable, actions, including technical assistance and training, shall be taken by the State agency, school food authority, or school, as appropriate, to ensure that the lunches offered to children comply with the nutrition standards established by paragraph (b) and the appropriate levels of nutrients and calories in paragraphs (c) or (i)(1) of this section, whichever is applicable.
(12) Other programs. Any school food authority that operates the Summer Food Service Program authorized under part 225 of this chapter and/or the Child and Adult Care Food Program under part 226 of this chapter may, at its option and with State agency approval, prepare meals provided for those programs using the nutrient standard menu planning alternative, except for children under two years of age. For school food authorities providing meals for adults, FNS will provide guidance on the level of nutrients and calories needed. Meal supplements shall continue to be provided based on the appropriate program's meal pattern.
(j) Assisted Nutrient Standard Menu Planning.
(1) School food authorities without the capability to conduct Nutrient Standard Menu Planning, as provided in paragraph (i) of this section, may choose an alternative which uses menu cycles developed by other sources. Such sources may include, but are not limited to the State agency, other school food authorities, consultants, or food service management companies. This alternative is Assisted Nutrient Standard Menu Planning.
(2) Assisted Nutrient Standard Menu Planning shall establish menu cycles that have been developed in accordance with paragraphs (i)(1) through (i)(10) of this section as well as local food preferences and local food service operations. These menu cycles shall incorporate the nutrition standards in paragraph (b) of this section and the appropriate nutrient and calorie levels in paragraphs (c) or (i)(1) of this section, whichever is applicable. In addition to the menu cycle, recipes, food product specifications and preparation techniques shall also be developed and provided by the entity furnishing Assisted Nutrient Standard Menu Planning to ensure that the menu items and foods offered conform to the nutrient analysis determinations of the menu cycle.
(3) At the inception of any use of Assisted Nutrient Standard Menu Planning, the State agency shall approve the initial menu cycle, recipes, and other specifications to determine that all required elements for correct nutrient analysis are incorporated. The State agency shall also, upon request by the school food authority, provide assistance with implementation of the chosen system.
(4) After initial service of the menu cycle under the Assisted Nutrient Standard Menu Planning, the nutrient analysis shall be reassessed and appropriate adjustments made in accordance with paragraph (i)(7) of this section.
(5) Under Assisted Nutrient Standard Menu Planning, the school food authority retains final responsibility for ensuring that all nutrition standards established in paragraph (b) and the appropriate nutrient and calorie levels in paragraphs (c) or (i)(1) of this section, whichever are applicable, are met.
(6) If the analysis conducted in accordance with paragraphs (i)(1) through (i)(10) and paragraph (j)(4) of this section shows that the menus offered are not meeting the nutrition standards in paragraph (b) of this section and the appropriate nutrient and calorie levels in paragraphs (c) or (i)(1) of this section, whichever is applicable, actions, including technical assistance and training, shall be taken by the State agency, school food authority, or school, as appropriate, to ensure that the lunches offered to children comply with the nutrition standards established by paragraph (b) and the appropriate nutrient and calorie levels in paragraphs (c) or (i)(1) of this section, whichever is applicable.
(7) Any school food authority that operates the Summer Food Service Program authorized under part 225 of this chapter and/or the Child and Adult Care Food Program under part 226 of this chapter may, at its option and with State agency approval, prepare meals provided for those programs using the assisted nutrient standard menu planning alternative, except for children under two years of age. For school food authorities providing meals for adults, FNS will provide guidance on the level of nutrients and calories needed. Meal supplements shall continue to be provided based on the appropriate program's meal pattern.
(k) Food-based menu planning.
(1) Menu planning alternative. School food authorities may choose to plan menus using the food-based menu planning alternative. Under the food-based menu planning alternative, specific food components in minimum quantities must be served as provided in paragraphs (k)(2) through (k)(5) of this section.
(2) Minimum quantities. At a minimum, school food authorities choosing to plan menus using the food-based menu planning alternative shall offer all five required food items in the quantities provided in the following chart:
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Minimum quantities required for Option for
Meal component ---------------------------------------------------------------------------------
Ages 1-2 Preschool Grades K-6 Grades 7-12 K-Grade 3
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Milk (as a beverage).......... 6 Ounces....... 6 Ounces....... 8 Ounces...... 8 Ounces...... 8 Ounces.
Meat or Meat Alternate
(quantity of the edible
portion as served).
Lean meat, poultry or fish.... 1 Oz........... 1-1/2 Oz...... 2 Oz.......... 2 Oz.......... 1-1/2 Oz.
Cheese........................ 1 Oz........... 1-1/2 Oz...... 2 Oz.......... 2 Oz.......... 1-1/2 Oz.
Large egg..................... 1/2.......... 3/4.......... 1............. 1............. 3/4.
Cooked dry beans or peas...... 1/4 Cup......3/8 Cup...... 1/2 Cup..... 1/2 Cup..... 3/8 Cup.
Peanut butter or other nut or 2 Tbsp......... 3 Tbsp......... 4 Tbsp........ 4 Tbsp........ 3 Tbsp.
seed butters.
Yogurt, plain or flavored, 4 oz. or 1/2 6 oz. or 3/4 8 oz. or 1 cup 8 oz. or 1 cup 6 oz. or 3/4
unsweetened or sweetened. cup. cup. cup.
The following may be used to 1/2 oz.=50%.. 3/4 Oz.=50%.. 1 Oz.=50%..... 1 Oz.=50%..... 3/4 Oz.=50%.
meet no more than 50% of the requirement and must be used in combination with any of the above: Peanuts, soynuts, tree nuts, or seeds, as listed in program guidance, or an equivalent quantity of any combination of the above meat/meat alternate (1 ounce of nuts/seeds=1 ounce of cooked lean meat, poultry or fish.).
Vegetables/Fruits (2 or more /1/2/ Cup...... /1/2/ Cup...... /3/4/ Cup plus 1 Cup......... /3/4/ Cup.
servings of vegetables or extra /1/2/
fruits or both). Cup over a week /1/.
Grains/Breads Must be enriched 5 servings per 8 servings per 12 servings 15 servings 10 servings
or whole grain. A serving is week--minimum week--minimum per week-- per week-- per week--
a slice of bread or an of /1/2/ per of 1 per day minimum of 1 minimum of 1 minimum of 1
equivalent serving of day /1/. /1/. per day /1/ per day /1/ per day./1/
biscuits, rolls, etc., or /1/ /2/. /2/. /2/
2/ cup of cooked rice, macaroni, noodles, other pasta products or cereal grains.
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/1/ For the purposes of this chart, a week equals five days.
/2/ Up to one grains/breads serving per day may be a dessert.
(3) Meat or meat alternate component. The quantity of meat or meat alternate shall be the quantity of the edible portion as served. When the school determines that the portion size of a meat alternate is excessive, it shall reduce the portion size of that particular meat alternate and supplement it with another meat/meat alternate to meet the full requirement. To be counted as meeting the requirement, the meat or meat alternate shall be served in a main dish or in a main dish and only one other of the items offered. The Department recommends that if schools do not offer children choices of meat or meat alternates each day, they serve no one meat alternate or form of meat (e.g., ground, diced, pieces) more than three times in a single week.
(i) Vegetable protein products and enriched macaroni with fortified protein defined in appendix A of this part may be used to meet part of the meat or meat alternate requirement when used as specified in appendix A of this part. An enriched macaroni product with fortified protein as defined in appendix A of this part may be used as part of a meat alternate or as a grain/bread item, but not as both food components in the same meal.
(ii) Nuts and seeds and their butters listed in program guidance are nutritionally comparable to meat or other meat alternates based on available nutritional data. Acorns, chestnuts, and coconuts shall not be used as meat alternates due to their low protein and iron content. Nut and seed meals or flours shall not be used as a meat alternate except as defined in this part under appendix A: Alternate Foods for Meals. Nuts or seeds may be used to meet no more than one-half of the meat/meat alternate requirement. Therefore, nuts and seeds must be used in the meal with another meat/
meat alternate to fulfill the requirement.
(iii) Yogurt may be used to meet all or part of the meat/meat alternate requirement. Yogurt served may be either plain or flavored, unsweetened or sweetened. Noncommercial and/or nonstandardized yogurt products, such as frozen yogurt, homemade yogurt, yogurt flavored products, yogurt bars, yogurt covered fruit and/or nuts or similar products shall not be credited. Four ounces (weight) or /1/2/ cup (volume) of yogurt fulfills the equivalent of one ounce of the meat/meat alternate requirement in the meal pattern.
(4) Vegetables and fruits. Full strength vegetable or fruit juice may be counted to meet not more than one-half of the vegetable/fruit requirement. Cooked dry beans or peas may be used as a meat alternate or as a vegetable, but not as both food components in the same meal. For children in kindergarten through grade six, the requirement for this component is based on minimum daily servings plus an additional /1/2/ cup in any combination over a five day period.
(5) Grains/breads.
(i) All grains/breads such as bread, biscuits, muffins or rice, macaroni, noodles, other pastas or cereal grains such as bulgur or corn grits, shall be enriched or whole grain or made with enriched or whole grain meal or flour.
(ii) Unlike the other component requirements, the grains/breads requirement is based on minimum daily servings and total servings per week. The requirement for this component is based on minimum daily servings plus total servings over a five day period. The servings for biscuits, rolls, muffins, and other grain/bread varieties are specified in the Food Buying Guide for Child Nutrition Programs (PA 1331), an FNS publication.
(6) Offer versus serve. Each school shall offer its students all five required food items as set forth in the table presented under paragraph (k)(2) of this section. Senior high students shall be permitted to decline up to two of the five required food items. At the discretion of the school food authority, students below the senior high level may be permitted to decline one or two of the required five food items. The price of a reimbursable lunch shall not be affected if a student declines food items or accepts smaller portions. State educational agencies shall define "senior high."
(7) Outlying areas. Schools in American Samoa, Puerto Rico and the Virgin Islands may serve a starchy vegetable such as yams, plantains, or sweet potatoes to meet the grain/bread requirement. For the Commonwealth of the Northern Mariana Islands, FNS has established a menu consistent with the food-based menu alternative and with local food consumption patterns and which, given available food supplies and food service equipment and facilities, provides optimum nutrition consistent with sound dietary habits for participating children. The State agency shall attach to and make a part of the written agreement required under Sec. 210.9 the requirements of that menu option.
(l) Milk.
(1) Varieties. Regardless of the menu planning alternative chosen, schools shall offer students fluid milk. The selection of the types of milk offered shall be consistent with the types of milk consumed in the prior year. This requirement does not preclude schools from offering additional kinds of milk. However, in the event that a particular type of milk represents less than one (1) percent of the total amount of milk consumed in the previous year, a school may elect not to make this type of milk available. All milk served shall be pasteurized fluid types of milk which meet State and local standards for such milk; except that, in the meal pattern for infants under 1 year of age, the milk shall be breast milk or iron-fortified infant formula. All milk shall contain vitamins A and D at levels specified by the Food and Drug Administration and be consistent with State and local standards for such milk.
(2) Insufficient milk supply. The inability of a school to obtain a supply of milk shall not bar it from participation in the Program and is to be resolved as follows:
(i) If emergency conditions temporarily prevent a school that normally has a supply of fluid milk from obtaining delivery of such milk, the State agency may approve the service of lunches during the emergency period with an available alternate form of milk or without milk.
(ii) If a school is unable to obtain a supply of any type of fluid milk on a continuing basis, the State agency may approve the service of lunches without milk if the school uses an equivalent amount of canned or dry milk in the preparation of the lunch. In Alaska, Hawaii, American Samoa, Guam, Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands, if a sufficient supply of fluid milk cannot be obtained, "milk" shall include reconstituted or recombined milk, or as otherwise provided under written exception by FNS.
(m) Infant lunch pattern.
(1) Definitions for infant meals. For the purpose of this section:
(i) Infant cereal means any iron-fortified dry cereal especially formulated and generally recognized as cereal for infants and that is routinely mixed with breast milk or iron-fortified infant formula prior to consumption.
(ii) Infant formula means any iron-fortified formula intended for dietary use solely as a food for normal, healthy infants; excluding those formulas specifically formulated for infants with inborn errors of metabolism or digestive or absorptive problems. Infant formula, as served, must be in liquid state at recommended dilution.
(2) Infants under the age of one. Infants under 1 year of age shall be served an infant lunch as specified in this paragraph when they participate in the Program. Foods within the infant lunch pattern shall be of texture and consistency appropriate for the particular age group being served, and shall be served to the infant during a span of time consistent with the infant's eating habits. For infants 4 through 7 months of age, solid foods are optional and should be introduced only when the infant is developmentally ready. Whenever possible the school should consult with the infant's parent in making the decision to introduce solid foods. Solid foods should be introduced one at a time on a gradual basis with the intent of ensuring health and nutritional well-
being. For infants 8 through 11 months of age, the total amount of food authorized in the meal patterns set forth below must be provided in order to qualify for reimbursement. Additional foods may be served to infants 4 months of age and older with the intent of improving their overall nutrition. Breast milk, provided by the infant's mother, may be served in place of infant formula from birth through 11 months of age. Either breast milk or iron-fortified infant formula shall be served for the entire first year. For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered. In these situations, additional breast milk must be offered if the infant is still hungry. The infant lunch pattern shall contain, as a minimum, each of the following components in the amounts indicated for the appropriate age group:
(i) Birth through 3 months--4 to 6 fluid ounces of breast milk or iron-fortified infant formula.
(ii) 4 through 7 months:
(A) 4 to 8 fluid ounces of breast milk or iron-fortified infant formula;
(B) 0 to 3 tablespoons of iron-fortified dry infant cereal (optional); and
(C) 0 to 3 tablespoons of fruit or vegetable of appropriate consistency or a combination of both (optional).
(iii) 8 through 11 months:
(A) 6 to 8 fluid ounces of breast milk or iron-fortified infant formula or 6 to 8 fluid ounces of whole milk;
(B) 2 to 4 tablespoons of iron-fortified dry infant cereal and/or 1 to 4 tablespoons meat, fish, poultry, egg yolk, or cooked dry beans or peas, or /1/2/ to 2 ounces (weight) of cheese or 1 to 4 ounces (weight or volume) of cottage cheese, cheese food or cheese spread of appropriate consistency; and
(C) 1 to 4 tablespoons of fruit or vegetable of appropriate consistency or a combination of both.
Lunch Pattern for Infants
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Birth through 3 months 4 through 7 months 8 through 11 months
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Lunch............................ 4-6 fl.oz. breast milk 2, 3 or formula 4-8 fl.oz. breast milk 2, 3 or formula 6-8 fl.oz. breast milk 2, 3 or
/1/ /1/ formula /1/; and
...................................... 0-3 Tbsp. Infant cereal 1, 4; 2-4 Tbsp. Infant cereal 1; and/or
...................................... 0-3 Tbsp. Fruit and/or vegetable /4/ 1-4 Tbsp. meat, fish, poultry, egg
yolk, cooked dry beans, or peas; or
...................................... ...................................... /1/2/-2 oz. cheese; or
...................................... ...................................... 1-4 Tbsp. cottage cheese, cheese
food, or cheese spread; and
...................................... ...................................... 1-4 Tbsp. fruit and/or vegetable.
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/1/ Infant formula and dry infant cereal shall be iron-fortified.
/2/ It is recommended that breast milk be served in place of formula from birth through 11 months.
/3/ For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered, with additional breast milk offered if the infant is still hungry.
/4/ A serving of this component shall be optional.
(n) Supplemental food. Eligible schools operating afterschool care programs may be reimbursed for one meal supplement served to an eligible child (as defined in Sec. 210.2) per day.
(1) Eligible schools mean schools that:
(i) Operate school lunch programs under the National School Lunch Act;
(ii) Sponsor afterschool care programs as defined in Sec. 210.2; and
(iii) Were participating in the Child and Adult Care Food Program as of May 15, 1989.
(2) Meal supplements shall contain two different components from the following four:
(i) A serving of fluid milk as a beverage, or on cereal, or used in part for each purpose;
(ii) A serving of meat or meat alternate. Nuts and seeds and their butters listed in program guidance are nutritionally comparable to meat or other meat alternates based on available nutritional data. Acorns, chestnuts, and coconuts are excluded and shall not be used as meat alternates due to their low protein content. Nut or seed meals or flours shall not be used as a meat alternate except as defined under appendix A: Alternate Foods for Meals of this part;
(iii) A serving of vegetable(s) or fruit(s) or full-strength vegetable or fruit juice, or an equivalent quantity of any combination of these foods. Juice may not be served when milk is served as the only other component;
(iv) A serving of whole-grain or enriched bread; or an equivalent serving of cornbread, biscuits, rolls, muffins, etc., made with whole-
grain or enriched meal or flour; or a serving of cooked whole-grain or enriched pasta or noodle products such as macaroni, or cereal grains such as rice, bulgur, or corn grits; or an equivalent quantity of any combination of these foods.
(3) Infant supplements shall contain the following:
(i) Birth through 3 months: 4-6 fluid ounces of breast milk or iron fortified infant formula.
(ii) 4 through 7 months: 4-6 fluid ounces of breast milk or iron fortified infant formula.
(iii) 8 through 11 months: 2-4 fluid ounces of breast milk or iron fortified infant formula or full strength fruit juice; 0-/1/2/ slice of crusty bread or 0-2 cracker type products made from whole-grain or enriched meal or flour that are suitable for an infant for use as a finger food when appropriate. To improve the nutrition of participating children over one year of age, additional foods may be served with the meal supplements as desired.
(4) The minimum amounts of food components to be served as meal supplements as set forth in paragraphs (n)(2) and (n)(3) of this section are as follows. Select two different components from the four listed.
(Juice may not be served when milk is served as the only other component.)
Meal Supplement Chart for Children
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Snack (supplement) for children Children 1 and 2 Children 3 through 5 Children 6 through 12
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(Select two different components
from the four listed)
Milk, fluid......................... /1/2/ cup............... /1/2/ cup.............. 1 cup.
Meat or meat alternate /4/.......... /1/2/ ounce............. /1/2/ ounce............ 1 ounce.
Juice or fruit or vegetable......... /1/2/ cup............... /1/2/ cup.............. /3/4/ cup.
Bread and/or cereal: Enriched or /1/2/ slice............. /1/2/ slice............ 1 slice.
whole grain bread or.
Cereal: Cold dry or................. /1/4/ cup /1/........... /1/3/ cup /2/.......... /3/4/ cup /3/.
Hot cooked.......................... /1/4/ cup............... /1/4/ cup.............. /1/2/ cup.
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/1/ /1/4/ cup (volume) or /1/3/ ounce (weight), whichever is less.
/2/ /1/3/ cup (volume) or /1/2/ ounce (weight), whichever is less.
/3/ /3/4/ cup (volume) or 1 ounce (weight), whichever is less.
/4/ Yogurt may be used as meat/meat alternate. You may serve 4 ounces (weight) or /1/2/ cup (volume) of plain, or sweetened and flavored yogurt to fulfill the equivalent of 1 ounce of the meat/meat alternate component.
For younger children, 2 ounces (weight) or /1/4/ cup (volume) may fulfill the equivalent of /1/2/ ounce of the meat/meat alternate requirement.
Caution: Children under five years of age are at the highest risk of choking. USDA recommends that nuts and/or seeds be served to them ground or finely chopped in a prepared food.
Supplements for Infants
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Birth through 3 months 4 through 7 months 8 through 11 months
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Supplement (snack)............... 4-6 fl. oz. breast milk 2, 3 or 4-6 fl. oz. breast milk 2, 3 or 2-4 fl. oz breast milk 2, 3, formula
formula /1/ formula /1/ 1, or fruit juice /4/;
..................................... ...................................... 0-/1/2/ bread /5/ or
...................................... ...................................... 0-2 crackers /5/.
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/1/ Infant formula shall be iron-fortified.
/2/ It is recommended that breast milk be served in place of formula from birth through 11 months.
/3/ For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered with additional breast milk offered if the infant is still hungry.
/4/ Fruit juice shall be full-strength.
/5/ Bread and bread alternates shall be made from whole-grain or enriched meal or flour. A serving of this component shall be optional.
(o) Implementation of the nutrition standards. School food authorities shall comply with the 1990 Dietary Guidelines for Americans as provided in paragraph (b) of this section no later than School Year 1996-97 except that State agencies may grant waivers to postpone implementation until no later than School Year 1998-99. Such waivers shall be granted by the State agency using guidance provided by the Secretary.
[Amended by 64 FR 61773, Nov. 15, 1999]
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