[Federal Register: May 28, 2002 (Volume 67, Number 102)]
[Rules and Regulations]
[Page 36779-36788]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 210, 220, and 226
RIN 0584-AD26
Amendments to the Child Nutrition Infant Meal Pattern
AGENCY: Food and Nutrition Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food and Nutrition Service is issuing final regulations
amending the meal pattern for infants less than 12 months of age in the
National School Lunch Program, the School Breakfast Program, and the
Child and Adult Care Food Program. These regulations finalize
provisions of an interim rule, published on November 15, 1999, which
eliminated the option of serving whole cow's milk to infants less than
one year of age, allowed reimbursement for meals containing only
breastmilk, and amended the Child and Adult Care Food Program's
definition of infant formula.
This final rule also incorporates revisions to reflect the comments
we received to the interim rule, clarifies when an optional food
component is required under the infant meal pattern, and clarifies
information in the meal pattern tables that have appeared in two
previous rulemakings. We have made these changes to ensure that the
infant meal pattern used in the Child Nutrition Programs conforms to
current scientific evidence about infant feeding practices, and to
ensure that all of the information about meal requirements is correct.
EFFECTIVE DATE: June 27, 2002.
FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rothstein, 3101 Park
Center Drive, Room 640, Alexandria, Virginia 22302; or (703) 305-2590;
or CNDINTERNET@fns.usda.gov. A regulatory impact analysis was completed
for this rule. Single copies may be requested from Ms. Rothstein.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 1999, the Food and Nutrition Service (FNS)
published an interim rule for comment (64 FR 61770), to update the meal
requirements for infants less than 12 months of age in the National
School Lunch Program, the School Breakfast Program, and the Child and
Adult Care Food Program. The rule recognized well-established
scientific evidence demonstrating that breastmilk is the optimal source
of nutrition for infants during the entire first year of life, and that
the only appropriate alternative to breastmilk is iron-fortified infant
formula.
The interim rule eliminated the option of serving whole cow's milk
to infants less than 12 months of age, so that reimbursable infant
meals must include either breastmilk or iron-fortified infant formula.
It allowed reimbursement for meals containing only breastmilk, and
addressed those situations when some breastfed infants may consume less
than the minimum serving of breastmilk for their age group. The rule
also amended the Child and Adult Care Food Program's definition of
``infant formula'' so that it would conform to the definition used in
the school meal programs' regulations. These amendments became
effective on December 15, 1999.
Technical corrections to the infant meal pattern were published in
a final rule on December 27, 1999 (64 FR 72257). FNS is now issuing a
final regulation, based on the evidence described in the interim rule,
a review of written comments submitted by the public in response to
that rule, and our operational experience in implementing these
changes. This final rule discusses the comments we received, and
codifies the small number of revisions and corrections into 7 CFR
210.10 of the National School Lunch Program regulations, 7 CFR 220.8 of
the School Breakfast Program regulations, and 7 CFR 226.20 of the
regulations for the Child and Adult Care Food Program.
The infant meal pattern is used in schools, residential child care
institutions, child care centers, family day care homes, and homeless
shelters participating in the Child Nutrition Programs. Throughout this
preamble, the term ``caregiver'' refers to the different types of
facilities that provide meal services to infants through these
programs. The term ``Child Nutrition Programs'' refers collectively to
the National School Lunch Program, the School Breakfast Program, and
the Child and Adult Care Food Program (CACFP).
This rule does not directly change the regulations for the Summer
Food Service Program at 7 CFR part 225. However, [sect] (section)
225.16(f)(2) of the regulations requires sponsors, approved by their
State agencies to serve summer meals to infants, to follow the infant
meal pattern requirements in CACFP regulations.
What Did Commenters Have To Say About the Interim Rule?
We received a total of 16 written comments, during the 180-day
comment period which ended on May 15, 2000. The commenters included
three registered dieticians, two CACFP State directors, two sponsoring
organization representatives, one independent child care center
director, and one day care home provider. The majority of them wrote
that they agreed with the amendments and with the scientific evidence
described in the interim rule about currently accepted infant feeding
practices. Some of them raised questions related to eliminating whole
cow's milk from the infant meal pattern, while others were concerned
about the decisions we made on allowing reimbursement for breastmilk-
only meals.
What Did Commenters Say About Eliminating Whole Cow's Milk From the
Infant Meal Pattern?
The interim rule amended the regulations to eliminate the option of
serving whole cow's milk to infants less than 12 months of age, so that
all reimbursable infant meals must include either breastmilk or iron-
fortified infant formula. Five commenters agreed that the rule was an
appropriate response to studies demonstrating that consumption of cow's
milk during the first year of life prevents optimal nutrient intake and
could adversely affect an infant's health.
One commenter questioned how we could mandate breastmilk or infant
formula for the entire first year of life, stating that eliminating
cow's milk as an option interferes with the choices parents make about
feeding their own infants. Again, the decision to require
[[Page 36780]]
breastmilk or formula is based on scientific evidence that shows that
whole cow's milk does not provide the appropriate level of nutrients
needed by very young children. The rule eliminated whole cow's milk
from the infant meal pattern because it can be detrimental to an
infant's health and development.
Do We Allow Exceptions for Infants Who Are No Longer Receiving
Breastmilk or Infant Formula?
Two commenters wanted us to acknowledge the exceptions that exist
when doctors recommend whole cow's milk for some infants. We recognize
that infants have unique dietary needs, and that decisions concerning
diet, during this first year of life, are for the infant's health care
provider and parents or guardians to make together.
For those reasons, program regulations have traditionally allowed
substitutions to accommodate disabilities and other special dietary
needs. Thus, a meal containing whole fluid cow's milk and served to an
infant less than 12 months of age is eligible for reimbursement if the
substitution is authorized, in writing, by a recognized medical
authority (physician, physician assistant, nurse practitioner, or other
professionals specified by the State agency).
Similarly, if a doctor or other recognized medical authority
prescribes a formula, such as low-iron formula, which is not currently
listed as an acceptable formula for the Child Nutrition Programs, the
meal is eligible for reimbursement. In all cases, a medical statement,
which explains what substitution of foods is needed, must be completed
and given to the caregiver to keep on file.
We also recognize the special circumstances that exist when a one
year old child is weaning from breastmilk or from infant formula to
whole cow's milk. When a child is weaned to cow's milk, it is a common
practice to provide the infant with both foods at the same meal
service, to gradually ease the infant to accept some of the new food.
Unlike breastmilk, infant formula is not an alternative type of
milk which can be substituted to meet the fluid milk requirement for
the meal pattern or the food-based menu planning alternative for
children over the age of one year (source: FNS Instruction 783-7,
Revision 1, ``Milk Requirement-Child Nutrition Programs''). However,
for a reasonable period of transition--of up to one month--meals that
contain infant formula may be reimbursable. Thus, for a child older
than 13 months, a statement from a recognized medical authority is
needed for a meal containing infant formula to be eligible for
reimbursement.
The regulations at [sect][sect] 210.10(g)(1), 220.8(d)(1), and
226.20(h) specify requirements regarding individual substitutions and
exceptions for medical or special dietary needs. Because an infant's
dietary needs are more individualized than those of older children, we
have added a sentence to the regulations to remind caregivers of the
requirements when there are exceptions to the meal pattern.
Accordingly, this final rule amends [sect][sect] 210.10(n)(3),
210.10(o)(2), 220.8(j)(1), and 226.20(b)(1) to refer caregivers to the
procedures that must be followed whenever meal pattern exceptions or
substitutions are needed.
What Did Commenters Say About Allowing Reimbursement for Meals
Containing Only Breastmilk?
The interim rule amended the infant meal pattern to allow
reimbursement for meals served to infants that contain breastmilk, even
when breastmilk is the only required food component. Eight commenters
praised FNS for making breastmilk an integral part of the infant meal
pattern.
Because breastmilk is easier for infants to digest and is processed
faster than infant formula, one commenter requested that the number of
reimbursable meals served to breastfed infants be increased. Although
we recognize that the number of feedings to expect for an exclusively
breastfed infant may be more than for a formula-fed infant, we do not
have statutory authority to change the maximum number of meals
reimbursed in any of the Child Nutrition Programs.
Two commenters objected to reimbursing a caregiver for meals
containing only breastmilk when the facility does not incur any food
costs. While supporting our efforts to promote breastfeeding, and
recognizing how breastfeeding improves the nutritional health of
infants, they argued that a meal should not be reimbursable unless the
caregiver also offers the infant an additional meal component.
We disagree. Although there may not be a food cost, a caregiver
incurs allowable costs related to preparing each bottle of breastmilk
for feeding, serving it to the infant, and cleaning up after the
feeding. As long as the caregiver promotes the infant's consumption of
breastmilk and provides a direct service to the infant during the meal
service, the regulations allow reimbursement for meals containing only
breastmilk.
Why Don't We Offer Reimbursement for All Breastmilk Meals, Not Only
Those Fed From a Bottle?
The interim rule authorized reimbursement for meals containing
breastmilk that is bottle-fed by the caregiver. Six of the commenters
stated that the interim rule created a disincentive for caregivers to
support mother-child breastfeeding, because it does not allow
reimbursement for meals fed directly to an infant by the infant's
nursing mother, unless the nursing mother is the caregiver.
Again, it is important to remember that the Child Nutrition
Programs reimburse caregivers for the costs of serving nutritious
meals--including the costs of preparation and clean up--to infants and
children enrolled in the food service. We recognize that caregivers
provide services when they accommodate mothers who come to their
facilities to nurse their infants. However, we believe that the
caregiver must not only promote the consumption of breastmilk by the
infant, but also provide some type of service directly to the infant,
in order to be reimbursed for the infant's meal.
When a mother comes to a facility to nurse her breastfed infant,
the service is performed by the infant's mother. The meal is not
eligible for reimbursement, because the infant has not received a meal
component or any direct service from the caregiver. For this reason,
reimbursable meals that include breastmilk fed directly to an infant by
the infant's nursing mother must also include at least one component
supplied by the caregiver. The caregiver must provide all of the food
components in the meal pattern that are not provided by the parent, to
receive reimbursement.
In CACFP, meals are also reimbursable when a family day care home
provider, who is eligible to claim reimbursement for her own children's
meals, nurses her own infant. In this example, the provider physically
serves the meal to a child who receives care in her day care home.
Accordingly, this final rule amends [sect][sect] 210.10(n)(3),
210.10(o)(2), 220.8(j)(1), and 226.20(b)(1) regarding the reimbursement
of meals containing breastmilk or iron-fortified infant formula. It
clarifies that breastmilk fed directly by the infant's mother, during a
visit to the facility, contributes to a reimbursable meal only when the
caregiver supplies at least one component of the infant's meal. It also
indicates conditions that affect whether or not a meal containing
infant formula would qualify for reimbursement.
[[Page 36781]]
Is the Meal Reimbursable When an Infant Receives Both Breastmilk and
Formula at the Same Meal Service?
Two commenters were concerned about reimbursement of meals that
include both breastmilk and infant formula. One of the commenters
recommended that if the parent or guardian supplies less than the
minimum amount of breastmilk needed for one feeding, all of the
breastmilk should be offered at the first meal service, and subsequent
meals during the day would contain only infant formula. This final rule
permits reimbursement for meals which contain a portion of breastmilk
and a complementary feeding of formula, as long as the total number of
ounces offered to the infant meets, or exceeds, the minimum amount for
the milk component specified in the infant meal pattern.
Under the infant meal pattern, breastmilk and iron-fortified infant
formula are interchangeable. We will continue to emphasize the
desirability of feeding breastmilk in place of infant formula for the
entire first year of life, in the regulations. However, we have amended
the infant meal patterns to show that a meal containing both breastmilk
and infant formula to fulfill the milk component requirement may
qualify for reimbursement. Accordingly, the meal patterns in
[sect][sect] 210.10(n), 210.10(o), 220.8(j), and 226.20(b) are amended
in this final rule to clarify that a serving of the milk component may
contain breastmilk or iron-fortified infant formula, or portions of
both.
Do We Need To Update the CACFP Definition of ``Milk?''
The definition of ``milk'' in [sect] 226.2 of the CACFP regulations
contains a list of acceptable types of fluid milk that may be served to
children or adults who receive meals through the Child Nutrition
Programs. One commenter believed that some varieties, such as flavored
milk, skim milk, and buttermilk, would not be acceptable under the WIC
program (Special Supplemental Nutrition Program for Women, Infants and
Children) and should not be included.
Some of the varieties of fluid milk may be more appropriate for
certain age groups, and less appropriate for others. However, our
definition is consistent with the types of fluid milk currently
approved as supplemental foods for WIC participants in 7 CFR 246.10,
the Food and Drug Administration's standard of identity for milk in 21
CFR part 131, and food labeling guidelines in 21 CFR part 101, Subpart
A. Therefore, we do not believe any change in the list of fluid milk
varieties, or in the terms used to describe them, is necessary.
Do We Need To Make Changes in the Definition of ``Infant Cereal?''
In [sect][sect] 210.10(o)(1)(i), 220.2(k), and 226.2, we define
``infant cereal'' as an iron-fortified dry cereal that is ``'routinely
mixed with breastmilk or iron-fortified infant formula prior to
consumption.'' One commenter felt that caregivers may interpret this
definition to mean that infant cereal is only reimbursable if it is
mixed with breastmilk or iron-fortified infant formula.
The definition that appears in the regulations was not intended to
limit caregivers to adding only breastmilk or infant formula to infant
cereal. Fruit juice or water can also be added to give infant cereal an
appropriate consistency. We are not making any changes in the
definition of ``infant cereal,'' because we believe it is flexible
enough to accommodate those variations. However, infant cereal mixed
with fruit juice should not be served to infants until after the infant
has tried the juice and has not had any reactions to it. Caregivers
should be aware that the American Academy of Pediatrics recommends
waiting until infants are 6 months of age before introducing fruit
juice into their diet (source: Pediatrics, Vol. 107, No. 5, pp. 1210-
1213).
When Is an Optional Food Component Under the Infant Meal Pattern
Required as Part of a Reimbursable Meal?
An issue that generated questions from program participants
concerned optional components in the infant meal pattern, and how we
ensure that infants always receive reimbursable meals that are
appropriate for their stage of development. The introductory text found
in [sect][sect] 210.10(o)(2), 220.8(j), and 226.20(b) of the
regulations advises that, ``* * * For infants 4 through 7 months of
age, solid foods are optional and should be introduced only if the
infant is developmentally ready * * *.''
An infant's development does not always match the infant's
chronological age. By offering a range of portion sizes and optional
foods, the infant meal pattern acknowledges that infants grow at
different rates, and that some infants will be developmentally ready
for solid foods earlier, or later, than others. Some food items, such
as fruits, vegetables, and cereal, are listed as options in the infant
meal pattern to take into account an infant's readiness to accept these
foods. Optional components are included in the breakfast and lunch/
supper meal patterns for infants 4 through 7 months of age, and for the
supplement (snack) meal pattern for infants 8 through 11 months of age.
If an infant is developmentally ready for solid foods, and the
parent or guardian requests that they be served, the solid food
components must be served to provide the infant with a reimbursable
meal. Because solid foods serve an important purpose in an infant's
daily diet, they are required as part of a reimbursable meal for
infants who are developmentally ready for them. The decision to feed
specific foods should always be made in consultation with an infant's
parent or guardian.
Accordingly, this final rule amends [sect][sect] 210.10(n),
210.10(o), 220.8(j), and 226.20(b), to clarify that a serving of a
component is required when the infant is developmentally ready.
References to ``whenever possible'' are removed from the text to
emphasize the importance of consulting with the infant's parent or
guardian on decisions to feed specific foods.
What Else Did Commenters Have To Say?
One commenter asked about the types of approved infant formulas
which can be served without medical statements in the Child Nutrition
Programs. FNS periodically updates a list of acceptable iron-fortified
infant formulas. Caregivers can request copies of the list from their
State administering agencies.
Although a medical statement is not required for iron-fortified
infant formulas, caregivers should only provide an infant with the
formula recommended to the infant's parent or guardian by the infant's
health care provider. If the formula offered by the caregiver is not
the same as the formula recommended by an infant's health care
provider, the infant's parent or guardian may choose to decline that
one and supply another formula.
Readers are reminded that a meal containing only infant formula
supplied by a parent or a guardian, and no other component, is not
reimbursable. We recognize that, as with breastmilk-only meals, the
formula feeding is fed from a bottle and requires a direct service by
the caregiver. However, breastmilk-only meals are eligible for
reimbursement because the meal promotes the infant's consumption of
breastmilk.
One commenter also wanted to know what we recommend regarding the
use of powdered versus ready to feed formula, or of bottled versus tap
water, or of table versus commercial baby foods, in the Child Nutrition
Programs. In the near future, FNS intends to publish a new edition of
Feeding
[[Page 36782]]
Infants'A Guide for Use in the Child Nutrition Programs. This handbook
will provide guidance to caregivers, with recommendations about good
infant feeding practices.
What Technical Changes Does This Rule Make?
The proposed rule entitled, ``Reimbursement for Snacks in
Afterschool Programs,'' published in the Federal Register on October
11, 2000 (65 FR 60502), proposed replacing the terms ``supplement,''
``meal supplement,'' and ``supplemental food'' with more commonly used
terms. An earlier rulemaking, the final rule entitled, ``Additional
Menu Planning Approaches,'' published on May 9, 2000 (65 FR 26904), had
already incorporated the term ``afterschool snack'' into [sect]
210.10(o).
A separate rulemaking will finalize provisions addressing
afterschool snacks. However, as we revised [sect][sect] 210.10(n)(3)
and 226.20(b), we adopted the new terminology to simplify and add
clarity to the infant meal pattern. Accordingly, this final rule
incorporates the term ``afterschool snack'' into [sect] 210.10(n)(3),
and incorporates the term ``snack'' into [sect] 226.20(b).
We have also clarified information in the infant and child care
meal patterns. In [sect][sect] 210.10(o)(2)(iii)(B) and
226.20(b)(3)(ii) the meal pattern for infants age 8 through 11 months
includes 1 to 4 ounces of cottage cheese, cheese food, and cheese
spread. This rule specifies that cottage cheese is measured by volume,
and that cheese food and cheese spread are measured by weight. The rule
also adds a footnote to the supplement meal pattern in [sect]
226.20(c)(4) to make it clearer that one-half egg meets the required
minimum amount of meat alternate, even when the minimum amount is less
than one ounce.
Finally, we redesignated and reworded the paragraphs in
[sect][sect] 210.10(n), 210.10(o), 220.8(j), and 226.20(b). The reader
should keep in mind that we rewrote those paragraphs to conform our
regulations to the plain language guidelines and the formatting
requirements of the Office of the Federal Register. With the exception
of the amendments described in this preamble, we did not intentionally
revise the content of the interim rule or of existing regulations.
Executive Order 12866
This final rule was determined to be significant under Executive
Order 12866 and was reviewed by the Office of Management and Budget.
Public Law 104-4
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, FNS
generally prepares a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, or tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When such a statement is needed for a rule, section 205 of
the UMRA generally requires FNS to identify and consider a reasonable
number of regulatory alternatives and adopt the least costly, more
cost-effective or least burdensome alternative that achieves the
objectives of the rule.
This final rule contains no Federal mandates (under regulatory
provisions of Title II of the UMRA) for State, local, and tribal
governments or the private sector of $100 million or more in any one
year. Thus, this final rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
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
regulation describing the agency's considerations in the three
categories under section (6)(a)(B) of Executive Order 13132.
Prior Consultation With State Officials
Prior to drafting this final rule, we received input from State and
local agencies at various times. Since the Child Nutrition Programs are
State administered, federally funded programs, our regional offices
have informal and formal discussions with State and local officials on
an ongoing basis regarding program implementation and performance. This
arrangement allows State and local agencies to provide feedback that
forms the basis for any discretionary decisions in this and other
program rules. Additionally, the Food and Nutrition Service (FNS)
published an interim rule on this rulemaking on November 15, 1999 (64
FR 61770) which solicited additional public comment.
Nature of Concerns and the Need To Issue This Rule
State and local agencies are generally supportive of the provisions
in the interim rule. The majority of them agreed with the amendments
and with the scientific evidence described in the interim rule about
currently accepted infant feeding practices. Some of them raised
questions related to eliminating whole cow's milk from the infant meal
pattern, while others were concerned about the decisions we made on
allowing reimbursement for breastmilk-only meals.
FNS is now issuing a final regulation, based on the evidence
described in the interim rule, a review of written comments submitted
by the public in response to that rule, and our operational experience
in implementing these changes. This final rule discusses the comments
we received, and codifies the small number of revisions and corrections
into 7 CFR 210.10 of the National School Lunch Program regulations, 7
CFR 220.8 of the School Breakfast Program regulations, and 7 CFR 226.20
of the regulations for the Child and Adult Care Food Program.
Extent To Which We Meet These Concerns
We have considered all of the comments we received on the interim
rule. Since commenters addressed numerous operational issues, we made
every effort to address their concerns, within the constraints of
statutory authority and concerns for program integrity.
Regulatory Flexibility Act
This final rule was reviewed with regard to the requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 through 612). The Under
Secretary for Food, Nutrition and Consumer Services, Eric M. Bost, has
certified that this rule will not have a significant economic impact on
a substantial number of small entities because the number of infants
who would be affected constitutes a tiny portion of the total
participation in these programs. The principal effect of this rule will
be to enhance the nutritional benefit of meals served to infants under
these programs.
Overall Regulatory Impact
This rule will improve nutrition for some older infants who
formerly were served whole cow's milk. The rule also removes a previous
disincentive to serving breastmilk and reduces the waste of breastmilk.
The rule may also encourage exclusive breastfeeding and increased
duration of breastfeeding, consistent with recommended
[[Page 36783]]
nutritional practice. Finally, this rule will help ensure that infants
who are developmentally ready for solid foods will receive them at an
appropriate age. Because this regulation largely reflects current
policy from interim final rules published in November and December of
1999, it is not a major rule (economic impact of $100 million or more
in any one year.)
Executive Order 12372
The National School Lunch Program, the School Breakfast Program,
and the Child and Adult Care Food Program are listed in the Catalog of
Federal Domestic Assistance under Nos. 10.555, 10.553 and 10.558,
respectively. Each is subject to the provisions of Executive Order
12372 which requires intergovernmental consultation with State and
local officials (7 CFR 3015, subpart V and final rule related notice at
48 FR 29112, June 24, 1983).
Executive Order 12988
This final rule was reviewed under Executive Order 12988, Civil
Justice Reform. This final 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
implementation. This final rule is not intended to have retroactive
effect unless so specified in the Effective Date section of this
preamble. Prior to any judicial challenge to the provisions of this
rule or the application of the provisions, all applicable
administrative procedures must be exhausted. This includes any
administrative procedures provided by State or local governments and,
for disputes involving procurements by State agencies and sponsors, any
administrative appeal procedures to the extent required by 7 CFR part
3016.
In the National School Lunch Program and the School Breakfast
Program, the administrative procedures are set forth under the
following regulations: (1) School food authority appeals of State
agency findings as a result of an administrative review must follow
State agency hearing procedures as established in [sect] 210.18(q); (2)
school food authority appeals of FNS findings as a result of an
administrative review must follow FNS hearing procedures as established
in [sect] 210.29(d)(3); and (3) State agency appeals of State
Administrative Expense fund sanctions ([sect] 235.11(b)) must follow
the FNS Administrative Review process as established in [sect]
235.11(f).
In the Child and Adult Care Food Program, the administrative
procedures are set forth under the following regulations: (1)
Institution appeal procedures are established in [sect] 226.6(k); and
(2) disputes involving procurement by State agencies and institutions
must follow administrative appeal procedures to the extent required by
[sect] 226.22 and 7 CFR part 3015.
Paperwork Reduction Act of 1995
The information collection burden for this rule is approved under
OMB Numbers 0584-0006, 0584-0012, and 0584-0055. This final rule
contains no new paperwork burdens or information collection
requirements which are subject to review by the Office of Management
and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507).
List of Subjects
7 CFR Part 210
Children, Commodity School Program, Food assistance programs,
Grants programs-social programs, National School Lunch Program,
Nutrition, Reporting and recordkeeping requirements, Surplus
agricultural commodities.
7 CFR Part 220
Children, Food assistance programs, Grant programs-social programs,
Nutrition, Reporting and recordkeeping requirements, School Breakfast
Program.
7 CFR Part 226
Accounting, Aged, Day care, Food assistance programs, Grant
programs, Grant programs-health, Indians, Individuals with
disabilities, Infants and children, Intergovernmental relations, Loan
programs, Reporting and recordkeeping requirements, Surplus
agricultural commodities.
Accordingly, the interim rule amending 7 CFR parts 210, 220, and
226 which was published at 64 FR 61770 on November 15, 1999, is adopted
as a final rule with the following changes:
PART 210--NATIONAL SCHOOL LUNCH PROGRAM
1. The authority citation for 7 CFR part 210 continues to read as
follows:
Authority: 42 U.S.C. 1751-1760, 1779.
2. In [sect] 210.10:
a. Paragraph (n)(3) and the Supplements for Infants chart in
paragraph (n)(4) are revised; and
b. Paragraph (o)(2) is revised and paragraphs (o)(3) through (o)(6)
are added.
The revisions and additions read as follows:
[sect] 210.10 What are the nutrition standards and menu planning
approaches for lunches and the requirements for afterschool snacks?
* * * * *
(n) * * *
(3) Snacks served to infants ages birth through 11 months must meet
the requirements described in paragraph (n)(3)(iv) of this section.
Foods included in the snack must be of a texture and a consistency that
are appropriate for the age of the infant being served. The foods must
be served during a span of time consistent with the infant's eating
habits. For those infants whose dietary needs are more individualized,
exceptions to the meal pattern must be made in accordance with the
requirements found in paragraph (g)(1) of this section.
(i) Breastmilk and iron-fortified formula. Either breastmilk or
iron-fortified infant formula, or portions of both, must be served for
the entire first year. Snacks containing breastmilk and snacks
containing iron-fortified infant formula supplied by the school are
eligible for reimbursement. However, infant formula provided by a
parent (or guardian) and breastmilk fed directly by the infant's
mother, during a visit to the school, contribute to a reimbursable
snack only when the school supplies at least one component of the
infant's snack.
(ii) Fruit juice. Juice should not be offered to infants until they
are 6 months of age and ready to drink from a cup. Feeding fruit juice
only from a cup will help develop behaviors that may prevent early
childhood caries. Fruit juice served as part of the meal pattern for
infants 8 through 11 months must be full-strength.
(iii) Solid foods. Solid foods of an appropriate texture and
consistency are required only when the infant is developmentally ready
to accept them. The school should consult with the infant's parent (or
guardian) 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 the infant's health and nutritional well-being.
(iv) Infant meal pattern. Infant snacks must have, at a minimum,
breastmilk or iron-fortified infant formula, or portions of both, in
the appropriate amount indicated for the infant's age. For some
breastfed infants who regularly consume less than the minimum amount of
breastmilk per feeding, a serving of less than the minimum amount of
breastmilk may be offered. In these situations, additional breastmilk
must be offered if the infant is still hungry. Some infants may be
developmentally ready to accept
[[Page 36784]]
an additional food component. Snacks are reimbursable when schools
provide all of the components in the meal pattern that the infant is
developmentally ready to accept.
(A) Birth through 3 months. 4 to 6 fluid ounces of breastmilk or
iron-fortified infant formula--only breastmilk or iron-fortified
formula is required to meet the infant's nutritional needs.
(B) 4 through 7 months. 4 to 6 fluid ounces of breastmilk or iron-
fortified infant formula--only breastmilk or iron-fortified formula is
required to meet the infant's nutritional needs.
(C) 8 through 11 months. 2 to 4 fluid ounces of breastmilk, iron-
fortified infant formula, or full strength fruit juice; and 0 to \1/2\
slice of crusty bread (if developmentally ready) or 0 to 2 cracker type
products (if developmentally ready), which are made from whole-grain or
enriched meal or flour, and suitable as a finger food for an infant.
(4) * * *
Snack Pattern for Infants
------------------------------------------------------------------------
4 through through 8 through 11
Birth through 3 months 7 months months
------------------------------------------------------------------------
4-6 fluid ounces of formula \1\ 4-6 fluid ounces 2-4 fluid ounces
or breastmilk \2\ \3\. of formula \1\ or of formula \1\,
breastmilk \2\ breastmilk \2\
\3\. \3\, or fruit
juice \4\; and
0-\1/2\ slice of
bread \5\ or 0-2
crackers \5\.
------------------------------------------------------------------------
\1\ Infant formula must be iron-fortified.
\2\ Breastmilk or iron-fortified formula, or portions of both, may be
served; however, it is recommended that breastmilk 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 breastmilk per feeding, a serving of less than the
minimum amount of breastmilk may be offered, with additional
breastmilk offered if the infant is still hungry.
\4\ Fruit juice must be full-strength.
\5\ A serving of this component must be made from whole-grain or
enriched meal or flour. It is required only when the infant is
developmentally ready to accept it.
(o) * * *
(2) Feeding lunches to infants. Lunches served to infants ages
birth through 11 months must meet the requirements described in
paragraph (o)(5) of this section. Foods included in the lunch must be
of a texture and a consistency that are appropriate for the age of the
infant being served. The foods must be served during a span of time
consistent with the infant's eating habits. For those infants whose
dietary needs are more individualized, exceptions to the meal pattern
must be made in accordance with the requirements found in paragraph
(g)(1) of this section.
(3) Breastmilk and iron-fortified formula. Either breastmilk or
iron-fortified infant formula, or portions of both, must be served for
the entire first year. Meals containing breastmilk and meals containing
iron-fortified infant formula supplied by the school are eligible for
reimbursement. However, infant formula provided by a parent (or
guardian) and breastmilk fed directly by the infant's mother, during a
visit to the school, contribute to a reimbursable lunch only when the
school supplies at least one component of the infant's meal.
(4) Solid foods. For infants ages 4 through 7 months, solid foods
of an appropriate texture and consistency are required only when the
infant is developmentally ready to accept them. The school should
consult with the infant's parent (or guardian) 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 the infant's
health and nutritional well-being.
(5) Infant meal pattern. Infant lunches must have, at a minimum,
each of the food components indicated, in the amount that is
appropriate for the infant's age. For some breastfed infants who
regularly consume less than the minimum amount of breastmilk per
feeding, a serving of less than the minimum amount of breastmilk may be
offered. In these situations, additional breastmilk must be offered if
the infant is still hungry. Lunches may include portions of breastmilk
and iron-fortified infant formula as long as the total number of ounces
meets, or exceeds, the minimum amount required of this food component.
Similarly, to meet the component requirements for vegetables and fruit,
portions of both may be served.
(i) Birth through 3 months. 4 to 6 fluid ounces of breastmilk or
iron-fortified infant formula--only breastmilk or iron-fortified
formula is required to meet the infant's nutritional needs.
(ii) 4 through 7 months. Breastmilk or iron-fortified formula is
required. Some infants may be developmentally ready for solid foods of
an appropriate texture and consistency. Lunches are reimbursable when
schools provide all of the components in the meal pattern that the
infant is developmentally ready to accept.
(A) 4 to 8 fluid ounces of breastmilk or iron-fortified infant
formula; and
(B) 0 to 3 tablespoons of iron-fortified dry infant cereal; and
(C) 0 to 3 tablespoons of fruit or vegetable.
(iii) 8 through 11 months. Breastmilk or iron-fortified formula and
solid foods of an appropriate texture and consistency are required.
(A) 6 to 8 fluid ounces of breastmilk or iron-fortified infant
formula; and
(B) 2 to 4 tablespoons of iron-fortified dry infant cereal; and/or
1 to 4 tablespoons of 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 (volume) of cottage cheese; or 1 to 4 ounces (weight) of cheese
food or cheese spread; and
(C) 1 to 4 tablespoons of fruit or vegetable.
(6) Infant meal pattern table. The minimum amounts of food
components to serve to infants, as described in paragraph (o)(5) of
this section, are:
[[Page 36785]]
Lunch Pattern for Infants
------------------------------------------------------------------------
Birth through 3 months 4 through 7 months 8 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces of formula1 4-8 fluid ounces of 6-8 fluid ounces of
or breastmilk 2 3. formula1 or formula 1 or
breastmilk2 3; and breastmilk 2 3; and
0-3 tablespoons of 2-4 tablespoons of
infant cereal 1 4; infant cereal1; and/
and. or
0-3 tablespoons of 1-4 tablespoons of
fruit or vegetable meat, fish,
or both 4. poultry, egg yolk,
cooked dry beans or
peas; or
\1/2\-2 ounces of
cheese; or
1-4 ounces (volume)
of cottage cheese;
or
1-4 ounces (weight)
of cheese food or
cheese spread; and
1-4 tablespoons of
fruit or vegetable
or both.
------------------------------------------------------------------------
1 Infant formula and dry infant cereal must be iron-fortified.
2 Breastmilk or formula, or portions of both, may be served; however, it
is recommended that breastmilk 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 breastmilk per feeding, a serving of less than the minimum
amount of breastmilk may be offered, with additional breastmilk
offered if the infant is still hungry.
4 A serving of this component is required only when the infant is
developmentally ready to accept it.
PART 220--SCHOOL BREAKFAST PROGRAM
1. The authority citation for 7 CFR part 220 continues to read as
follows:
Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.
2. In [sect] 220.8, paragraph (j) is revised to read as follows:
[sect] 220.8 What are the nutrition standards and menu planning
approaches for breakfasts?
* * * * *
(j) What are the requirements for the infant breakfast pattern?
(1) Feeding breakfasts to infants. Breakfasts served to infants
ages birth through 11 months must meet the requirements described in
paragraph (j)(4) of this section. Foods included in the breakfast must
be of a texture and a consistency that are appropriate for the age of
the infant being served. The foods must be served during a span of time
consistent with the infant's eating habits. For those infants whose
dietary needs are more individualized, exceptions to the meal pattern
must be made in accordance with the requirements found in paragraph
(d)(1) of this section.
(2) Breastmilk and iron-fortified formula. Either breastmilk or
iron-fortified infant formula, or portions of both, must be served for
the entire first year. Meals containing breastmilk and meals containing
iron-fortified infant formula supplied by the school are eligible for
reimbursement. However, infant formula provided by a parent (or
guardian) and breastmilk fed directly by the infant's mother, during a
visit to the school, contribute to a reimbursable breakfast only when
the school supplies at least one component of the infant's meal.
(3) Solid foods. For infants ages 4 through 7 months, solid foods
of an appropriate texture and consistency are required only when the
infant is developmentally ready to accept them. The school should
consult with the infant's parent (or guardian) 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 the infant's
health and nutritional well-being.
(4) Infant meal pattern. Infant breakfasts must have, at a minimum,
each of the food components indicated, in the amount that is
appropriate for the infant's age. For some breastfed infants who
regularly consume less than the minimum amount of breastmilk per
feeding, a serving of less than the minimum amount of breastmilk may be
offered. In these situations, additional breastmilk must be offered if
the infant is still hungry. Breakfasts may include portions of
breastmilk and iron-fortified infant formula as long as the total
number of ounces meets, or exceeds, the minimum amount required of this
food component. Similarly, to meet the component requirement for
vegetables and fruit, portions of both may be served.
(i) Birth through 3 months. 4 to 6 fluid ounces of breastmilk or
iron-fortified infant formula--only breastmilk or iron-fortified
formula is required to meet the infant's nutritional needs.
(ii) 4 through 7 months. Breastmilk or iron-fortified formula is
required. Some infants may be developmentally ready for solid foods of
an appropriate texture and consistency. Breakfasts are reimbursable
when schools provide all of the components in the meal pattern that the
infant is developmentally ready to accept.
(A) 4 to 8 fluid ounces of breastmilk or iron-fortified infant
formula; and
(B) 0 to 3 tablespoons of iron-fortified dry infant cereal.
(iii) 8 through 11 months. Breastmilk or iron-fortified formula and
solid foods of an appropriate texture and consistency are required.
(A) 6 to 8 fluid ounces of breastmilk or iron-fortified infant
formula; and
(B) 2 to 4 tablespoons of iron-fortified dry infant cereal; and
(C) 1 to 4 tablespoons of fruit or vegetable.
(5) Infant meal pattern table. The minimum amounts of food
components to serve to infants, as described in paragraph (j)(4) of
this section, are:
Breakfast Pattern for Infants
------------------------------------------------------------------------
8 through 11
Birth through 3 months 4 through 7 months months
------------------------------------------------------------------------
4-6 fluid ounces of formula \1\ 4-8 fluid ounces 6-8 fluid ounces
or breastmilk 2 3. of formula \1\ or of formula \1\ or
breastmilk 2 3; breastmilk 2 3;
and. and
0-3 tablespoons of 2-4 tablespoons of
infant cereal 1 4. infant cereal
\1\; and
1-4 tablespoons of
fruit or
vegetable or
both.
------------------------------------------------------------------------
\1\ Infant formula and dry infant cereal must be iron-fortified.
[[Page 36786]]
\2\ Breastmilk or formula, or portions of both, may be served; however,
it is recommended that breastmilk 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 breastmilk per feeding, a serving of less than the
minimum amount of breastmilk may be offered, with additional
breastmilk offered if the infant is still hungry.
\4\ A serving of this component is required only when the infant is
developmentally ready to accept it.
* * * * *
PART 226--CHILD AND ADULT CARE FOOD PROGRAM
1. The authority citation for 7 CFR part 226 continues to read as
follows:
Authority: Secs. 9, 11, 14, 16, and 17, National School Lunch
Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 1765, and 1766).
2. In [sect] 226.20, paragraphs (b) and (c)(4) are revised to read
as follows:
[sect] 226.20 Requirements for meals.
* * * * *
(b) What are the requirements for the infant meal pattern?
(1) Feeding meals to infants. Meals served to infants ages birth
through 11 months must meet the requirements described in paragraph
(b)(6) of this section. Foods included in the infant meal must be of a
texture and a consistency that are appropriate for the age of the
infant being served. The foods must be served during a span of time
consistent with the infant's eating habits. For those infants whose
dietary needs are more individualized, exceptions to the meal pattern
must be made in accordance with the requirements found in paragraph (h)
of this section.
(2) Breastmilk and iron-fortified formula. Either breastmilk or
iron-fortified infant formula, or portions of both, must be served for
the entire first year. Meals containing breastmilk and meals containing
iron-fortified infant formula supplied by the facility are eligible for
reimbursement. However, infant formula provided by a parent (or
guardian) and breastmilk fed directly by the infant's mother, during a
visit to the facility, contribute to a reimbursable meal only when the
facility supplies at least one component of the infant's meal.
(3) Fruit juice. Juice should not be offered to infants until they
are 6 months of age and ready to drink from a cup. Feeding fruit juice
only from a cup will help develop behaviors that may prevent early
childhood caries. Fruit juice served as part of the meal pattern for
infants 8 through 11 months must be full-strength.
(4) Solid foods. Solid foods of an appropriate texture and
consistency are required only when the infant is developmentally ready
to accept them. The facility should consult with the infant's parent
(or guardian) 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 the infant's health and nutritional well-being.
(5) Infant meal pattern. Infant meals must have, at a minimum, each
of the food components indicated, in the amount that is appropriate for
the infant's age. For some breastfed infants who regularly consume less
than the minimum amount of breastmilk per feeding, a serving of less
than the minimum amount of breastmilk may be offered. In these
situations, additional breastmilk must be offered if the infant is
still hungry. Meals may include portions of breastmilk and iron-
fortified infant formula as long as the total number of ounces meets,
or exceeds, the minimum amount required of this food component.
Similarly, to meet the component requirements for vegetables and fruit,
portions of both may be served.
(i) Birth through 3 months. Only breastmilk or iron-fortified
formula is required to meet the infant's nutritional needs.
(A) Breakfast--4 to 6 fluid ounces of breastmilk or iron-fortified
infant formula.
(B) Lunch or supper--4 to 6 fluid ounces of breastmilk or iron-
fortified infant formula.
(C) Snack--4 to 6 fluid ounces of breastmilk or iron-fortified
infant formula.
(ii) 4 through 7 months. Breastmilk or iron-fortified formula is
required. Some infants may be developmentally ready for solid foods of
an appropriate texture and consistency. Meals are reimbursable when
facilities provide all of the components in the meal pattern that the
infant is developmentally ready to accept.
(A) Breakfast--4 to 8 fluid ounces of breastmilk or iron-fortified
infant formula; and 0 to 3 tablespoons of iron-fortified dry infant
cereal.
(B) Lunch or supper--4 to 8 fluid ounces of breastmilk or iron-
fortified infant formula; and 0 to 3 tablespoons of iron-fortified dry
infant cereal; and 0 to 3 tablespoons of fruit or vegetable.
(C) Snack--4 to 6 fluid ounces of breastmilk or iron-fortified
infant formula.
(iii) 8 through 11 months. Breastmilk or iron-fortified formula and
solid foods of an appropriate texture and consistency are required.
Meals are reimbursable when facilities provide all of the components in
the meal pattern that the infant is developmentally ready to accept.
(A) Breakfast--6 to 8 fluid ounces of breastmilk or iron-fortified
infant formula; 2 to 4 tablespoons of iron-fortified dry infant cereal;
and 1 to 4 tablespoons of fruit or vegetable.
(B) Lunch or supper--6 to 8 fluid ounces of breastmilk or iron-
fortified infant formula; 2 to 4 tablespoons of iron-fortified dry
infant cereal; and/or 1 to 4 tablespoons of 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 (volume) of cottage cheese; or 1 to 4 ounces
(weight) of cheese food or cheese spread; and 1 to 4 tablespoons of
fruit or vegetable.
(C) Snack--2 to 4 fluid ounces of breastmilk, iron-fortified infant
formula, or full strength fruit juice; and 0 to \1/2\ slice of crusty
bread (if developmentally ready) or 0 to 2 cracker type products (if
developmentally ready), which are made from whole-grain or enriched
meal or flour, and suitable as a finger food for an infant.
(6) Infant meal pattern table. The minimum amounts of food
components to serve to infants, as described in paragraph (b)(5) of
this section, are:
[[Page 36787]]
Child Care Infant Meal Pattern
----------------------------------------------------------------------------------------------------------------
Type of meal service Birth through 3 months 4 through 7 months 8 through 11 months
----------------------------------------------------------------------------------------------------------------
Breakfast............................ 4-6 fluid ounces of 4-8 fluid ounces of 6-8 fluid ounces of
formula\1\ or formula\1\ or formula\1\ or
breastmilk \2\ \3\. breastmilk\2\ \3\; and. breastmilk\2\ \3\; and
0-3 tablespoons of 2-4 tablespoons of
infant cereal\1\ \4\. infant cereal \1\; and
1-4 tablespoons of
fruit or vegetable or
both.
Lunch or Supper...................... 4-6 fluid ounces of 4-8 fluid ounces of 6-8 fluid ounces of
formula\1\ or formula\1\ or formula\1\ or
breastmilk\2\ \3\. breastmilk\2\ \3\; and. breastmilk\2\ \3\; and
0-3 tablespoons of 2-4 tablespoons of
infant cereal \1\ \4\; infant cereal \1\; and/
and. or
0-3 tablespoons of 1-4 tablespoons of
fruit or vegetable or meat, fish, poultry,
both \4\. egg yolk, cooked dry
beans or peas; or
\1/2\-2 ounces of
cheese; or
1-4 ounces (volume) of
cottage cheese; or
1-4 ounces (weight) of
cheese food or cheese
spread; and
1-4 tablespoons of
fruit or vegetable or
both.
Snack................................ 4-6 fluid ounces of 4-6 fluid ounces of 2-4 fluid ounces of
formula\1\ or formula\1\ or formula\1\,
breastmilk\2\ \3\. breastmilk\2\ \3\. breastmilk\2\ \3\, or
fruit juice\5\; and
0-\1/2\ slice of
bread\4\ \6\ or 0-2
crackers\4\ \6\.
----------------------------------------------------------------------------------------------------------------
\1\ Infant formula and dry infant cereal must be iron-fortified.
\2\ Breastmilk or formula, or portions of both, may be served; however, it is recommended that breastmilk 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 breastmilk per feeding, a
serving of less than the minimum amount of breastmilk may be offered, with additional breastmilk offered if
the infant is still hungry.
\4\ A serving of this component is required only when the infant is developmentally ready to accept it.
\5\ Fruit juice must be full-strength.
\6\ A serving of this component must be made from whole-grain or enriched meal or flour.
* * * * *
(c) * * *
(4) Snack. The minimum amounts of food components to be served as
snack as set forth in paragraph (a)(4) of this section are as follow.
Select two of the following four components. (For children, juice may
not be served when milk is served as the only other component.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Food components Age 1 and 2 Age 3 through 5 Age 6 through 12 \1\ Adult participants \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
MILK
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milk, fluid..................... \1/2\ cup \2\............... \1/2\ cup................... 1 cup....................... 1 cup.
---------------------------------
VEGETABLES AND FRUIT
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vegetable(s) and/or fruit(s) or. \1/2\ cup................... \1/2\ cup................... \3/4\ cup................... \1/2\ cup.
Full-strength vegetable or fruit \1/2\ cup................... \1/2\ cup................... \3/4\ cup................... \1/2\ cup.
juice or an equivalent quantity
of any combination of
vegetable(s), fruit(s), and
juice.
---------------------------------
BREAD AND BREAD ALTERNATES \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bread or........................ \1/2\ slice................. \1/2\ slice................. 1 slice..................... 1 slice (serving).
Cornbread, biscuits, rolls, \1/2\ serving............... \1/2\ serving............... 1 serving................... 1 serving.
muffins, etc.\4\ or.
Cold dry cereal \5\............. \1/4\ cup or................ \1/3\ cup or................ \3/4\ cup or................ \3/4\ cup or.
\1/3\ ounce................. \1/2\ ounce................. 1 ounce..................... 1 ounce.
Cooked pasta or noodle products \1/4\ cup................... \1/4\ cup................... \1/2\ cup................... \1/2\ cup.
or.
Cooked cereal or grains or an \1/4\ cup................... \1/4\ cup................... \1/2\ cup................... \1/2\ cup.
equivalent quantity of any
combination of bread/bread
alternates.
---------------------------------
MEAT AND MEAT ALTERNATES
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lean meat or poultry or fish \6\ \1/2\ ounce................. \1/2\ ounce................. 1 ounce..................... 1 ounce.
or.
Alternate protein products \7\ \1/2\ ounce................. \1/2\ ounce................. 1 ounce..................... 1 ounce.
or.
Cheese or....................... \1/2\ ounce................. \1/2\ ounce................. 1 ounce..................... 1ounce.
Egg (large) \8\ or.............. \1/2\ egg................... \1/2\ egg................... \1/2\ egg................... \1/2\ egg.
Cooked dry beans or peas or..... \1/8\ cup................... \1/8\ cup................... \1/4\ cup................... \1/4\ cup.
Peanut butter or soynut butter 1 tablespoon................ 1 tablespoon................ 2 tablespoons............... 2 tablespoons.
or other nut or seed butters or.
[[Page 36788]]
Peanuts or soynuts or tree nuts \1/2\ ounce................. \1/2\ ounce................. 1 ounce..................... 1 ounce.
or seeds \9\ or.
Yogurt, plain or flavored, 2 ounces or \1/4\ cup....... 2 ounces or \1/4\ cup....... 4 ounces or \1/2\ cup....... 4 ounces or \1/2\ cup.
unsweetened or sweetened, or an
equivalent quantity of any
combination of meat/meat
alternates.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Children age 12 and up may be served adult size portions based on the greater food needs of older boys and girls, but shall be served not less than
the minimum quantities specified in this section for children age 6 up to 12.
\2\ For purposes of the requirements outlined in this subsection, a cup means a standard measuring cup.
\3\ Bread, pasta or noodle products, and cereal grains shall be whole-grain or enriched; cornbread, biscuits, rolls, muffins, etc. shall be made with
whole-grain or enriched meal or flour; cereal shall be whole-grain or enriched or fortified.
\4\ Serving size and equivalents to be published in guidance materials by FNS.
\5\ Either volume (cup) or weight (ounce), whichever is less.
\6\ Edible portion as served.
\7\ Must meet the requirements in Appendix A of this part.
\8\ One-half egg meets the required minimum amount (one ounce or less) of meat alternate.
\9\ Tree nuts and seeds that may be used as meat alternates are listed in program guidance.
* * * * *
Dated: May 17, 2002.
Eric M. Bost,
Under Secretary for Food, Nutrition and Consumer Services.
[FR Doc. 02-13145 Filed 5-24-02; 8:45 am]
BILLING CODE 3410-30-U
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