[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Pages 4126-4128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01582]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210 and 226

[FNS-2011-0029]
RIN 0584-AE18


CACFP Meal Pattern Revisions Related to the Healthy, Hunger-Free 
Kids Act of 2010; Correcting Amendments

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

ACTION: Correcting amendments.

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SUMMARY: On October 18, 2021, the Food and Nutrition Service revised 
rules concerning meal pattern tables for the National School Lunch 
Program and the Child and Adult Care Food Program. The document 
contained incorrect table entries. This document corrects the final 
regulations.

DATES: Effective January 27, 2022 and applicable beginning October 1, 
2021.

FOR FURTHER INFORMATION CONTACT: Alice McKenney, Branch Chief, Child 
Nutrition Division, 703-305-2590.

SUPPLEMENTARY INFORMATION: This is a correcting amendment to the Food 
and Nutrition Service's (FNS's) technical amendments published October 
18, 2021 (86 FR 57544). The technical amendments inadvertently omitted 
a distinct value for ready-to-eat cereal requirements in two of the 
tables and misprinted the amount of yogurt required in one of the 
tables. This amendment also corrects a typographical error related to 
the amount of milk required in one of the tables. Prior to the 
technical amendment published on October 18, 2021, both infant cereal 
and ready-to-eat breakfast cereal requirements were presented in 
tablespoons; 0-4 tablespoons of either type of cereal were required for 
infants when cereal was served as a snack. In Table 6 to 7 CFR 
210.10(o)(4)(ii) for Infant Snack Meal Pattern and Table 1 to 7 CFR 
226.20(b)(5) for Infant Meal Patterns, the correct conversion of 0-4 
tablespoons of ready-to-eat breakfast cereal to ounces is 0 to \1/4\ 
ounce equivalents, not 0 to \1/2\ ounce equivalents as was erroneously 
printed in the October 18, 2021, amendment. In Table 4 to 7 CFR 
226.20(c)(3) for Child and Adult Care Food Program Snack, four of the 
columns (Ages 1-2, 3-5, 6-12, and 13-18) included misprints for yogurt 
amounts; ``2 ounces or \1/2\ cup'' is being corrected to ``2 ounces or 
\1/4\ cup'' and ``4 ounces or \3/4\ cup'' is being corrected to ``4 
ounces or \1/2\ cup''. In the same table, the amount of milk for ages 
3-5 is being corrected from 6 fluid ounces to 4 fluid ounces. The 
reference to 6 fluid ounces was an error when converting \1/2\ cup to 
fluid ounces in the Child Nutrition Programs: Flexibilities for Milk, 
Whole Grains, and Sodium Requirements (83 FR 63775 (Dec. 12, 2018)) 
which inadvertently carried forward into the October 18, 2021, 
technical correction.

List of Subjects

7 CFR Part 210

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

7 CFR Part 226

    Accounting, Aged, American Indians, Day care, Food assistance 
programs, Grant programs, Grant programs--health, Individuals with 
disabilities, Infants and children, Intergovernmental relations, Loan 
programs, Reporting and recordkeeping requirements, Surplus 
agricultural commodities.

    Accordingly, FNS amends 7 CFR parts 210 and 226 by making the 
following correcting amendments:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

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

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


0
2. Amend Sec.  210.10 by revising table 6 to paragraph (o)(4)(ii) to 
read as follows:

[[Page 4127]]

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

* * * * *
    (o) * * *
    (4) * * *
    (ii) * * *

       Table 6 to Paragraph (o)(4)(ii)--Infant Snack Meal Pattern
------------------------------------------------------------------------
         Birth through 5 months                6 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces breastmilk \1\ or       2-4 fluid ounces breastmilk \1\
 formula \2\.                             or formula; \2\ and
                                         0-\1/2\ ounce equivalent bread;
                                          \3\ \4\ or
                                         0-\1/4\ ounce equivalent
                                          crackers; \3\ \4\ or
                                         0-\1/2\ ounce equivalent infant
                                          cereal; \2\ \4\ or
                                         0-\1/4\ ounce equivalent ready-
                                          to-eat breakfast cereal; \3\
                                          \4\ \5\ \6\ and
                                         0-2 tablespoons vegetable or
                                          fruit, or a combination of
                                          both.\6\ \7\
------------------------------------------------------------------------
\1\ Breastmilk or formula, or portions of both, must be served; however,
  it is recommended that breastmilk be served in place of formula from
  birth through 11 months. 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 at a later time if the infant will
  consume more.
\2\ Infant formula and dry infant cereal must be iron-fortified.
\3\ A serving of grains must be whole grain-rich, enriched meal, or
  enriched flour.
\4\ Refer to FNS guidance for additional information on crediting
  different types of grains.
\5\ Breakfast cereals must contain no more than 6 grams of sugar per dry
  ounce (no more than 21.2 grams sucrose and other sugars per 100 grams
  of dry cereal).
\6\ A serving of this component is required when the infant is
  developmentally ready to accept it.
\7\ Fruit and vegetable juices must not be served.

* * * * *

PART 226--CHILD AND ADULT CARE FOOD PROGRAM

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

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


0
4. Amend Sec.  226.20 by revising table 1 to paragraph (b)(5) and table 
4 to paragraph (c)(3) to read as follows:


Sec.  226.20  Requirements for meals.

* * * * *
    (b) * * *
    (5) * * *

            Table 1 to Paragraph (b)(5)--Infant Meal Patterns
------------------------------------------------------------------------
                                 Birth through 5
           Infants                   months          6 through 11 months
------------------------------------------------------------------------
Breakfast, Lunch, or Supper.  4-6 fluid ounces      6-8 fluid ounces
                               breastmilk \1\ or     breastmilk \1\ or
                               formula \2\.          formula; \2\ and
                                                    0-\1/2\ ounce
                                                     equivalent infant
                                                     cereal; \2\ \3\ or
                                                    0-4 tablespoons
                                                     meat, fish,
                                                     poultry, whole egg,
                                                     cooked dry beans,
                                                     or cooked dry peas;
                                                     or
                                                    0-2 ounces of
                                                     cheese; or
                                                    0-4 ounces (volume)
                                                     of cottage cheese;
                                                     or
                                                    0-4 ounces or \1/2\
                                                     cup of yogurt; \4\
                                                     or a combination of
                                                     the above; \5\ and
                                                    0-2 tablespoons
                                                     vegetable or fruit,
                                                     or a combination of
                                                     both.\5\ \6\
Snack.......................  4-6 fluid ounces      2-4 fluid ounces
                               breastmilk \1\ or     breastmilk \1\ or
                               formula \2\.          formula; \2\ and
                                                    0-\1/2\ ounce
                                                     equivalent bread;
                                                     \3\ \7\ or
                                                    0-\1/4\ ounce
                                                     equivalent
                                                     crackers; \3\ \7\
                                                     or
                                                    0-\1/2\ ounce
                                                     equivalent infant
                                                     cereal; \2\ \3\ or
                                                    0-\1/4\ ounce
                                                     equivalent ready-to-
                                                     eat breakfast
                                                     cereal; \3\ \5\ \7\
                                                     \8\ and
                                                    0-2 tablespoons
                                                     vegetable or fruit,
                                                     or a combination of
                                                     both.\5\ \6\
------------------------------------------------------------------------
\1\ Breastmilk or formula, or portions of both, must be served; however,
  it is recommended that breastmilk be served in place of formula from
  birth through 11 months. 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 at a later time if the infant will
  consume more.
\2\ Infant formula and dry infant cereal must be iron-fortified.
\3\ Refer to FNS guidance for additional information on crediting
  different types of grains.
\4\ Yogurt must contain no more than 23 grams of total sugars per 6
  ounces.
\5\ A serving of this component is required when the infant is
  developmentally ready to accept it.
\6\ Fruit and vegetable juices must not be served.
\7\ A serving of grains must be whole grain-rich, enriched meal, or
  enriched flour.
\8\ Breakfast cereals must contain no more than 6 grams of sugar per dry
  ounce (no more than 21.2 grams sucrose and other sugars per 100 grams
  of dry cereal).

    (c) * * *
    (3) * * *

[[Page 4128]]



                                          Table 4 to Paragraph (c)(3)--Child and Adult Care Food Program Snack
                                             [Select the two of the five components for a reimbursable meal]
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                                                                                      Minimum quantities
                                    --------------------------------------------------------------------------------------------------------------------
                                                                                                             Ages 13-18 \2\ (at-
 Food components and food items \1\                                                                            risk afterschool
                                            Ages 1-2                Ages 3-5               Ages 6-12             programs and        Adult participants
                                                                                                             emergency shelters)
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Fluid Milk \3\.....................  4 fluid ounces........  4 fluid ounces........  8 fluid ounces.......  8 fluid ounces.......  8 fluid ounces.
Meat/meat alternates (edible
 portion as served):
    Lean meat, poultry, or fish....  \1/2\ ounce...........  \1/2\ ounce...........  1 ounce..............  1 ounce..............  1 ounce.
    Tofu, soy products, or           \1/2\ ounce...........  \1/2\ ounce...........  1 ounce..............  1 ounce..............  1 ounce.
     alternate protein products \4\.
    Cheese.........................  \1/2\ ounce...........  \1/2\ ounce...........  1 ounce..............  1 ounce..............  1 ounce.
    Large egg......................  \1/2\.................  \1/2\.................  \1/2\................  \1/2\................  \1/2\.
    Cooked dry beans or peas.......  \1/8\ cup.............  \1/8\ cup.............  \1/4\ cup............  \1/4\ cup............  \1/4\ cup.
    Peanut butter or soy nut butter  1 Tbsp................  1 Tbsp................  2 Tbsp...............  2 Tbsp...............  2 Tbsp.
     or other nut or seed butters.
    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  4 ounces or \1/2\
     unsweetened or sweetened \5\.                                                                                                  cup.
    Peanuts, soy nuts, tree nuts,    \1/2\ ounce...........  \1/2\ ounce...........  1 ounce..............  1 ounce..............  1 ounce.
     or seeds.
Vegetables \6\.....................  \1/2\ cup.............  \1/2\ cup.............  \3/4\ cup............  \3/4\ cup............  \1/2\ cup.
Fruits \6\.........................  \1/2\ cup.............  \1/2\ cup.............  \3/4\ cup............  \3/4\ cup............  \1/2\ cup.
Grains (oz. eq.) \7\ \8\ \9\.......  \1/2\ ounce equivalent  \1/2\ ounce equivalent  1 ounce equivalent...  1 ounce equivalent...  1 ounce equivalent.
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Endnotes:
\1\ Select two of the five components for a reimbursable snack. Only one of the two components may be a beverage.
\2\ Larger portion sizes than specified may need to be served to children 13 through 18 years old to meet their nutritional needs.
\3\ Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent fat or less) or unflavored fat-free (skim) milk for
  children two through five years old. Must be unflavored low-fat (1 percent fat or less) or unflavored or flavored fat-free (skim) milk for children 6
  years old and older and adults. For adult participants, 6 ounces (weight) or \3/4\ cup (volume) of yogurt may be used to meet the equivalent of 8
  ounces of fluid milk once per day when yogurt is not served as a meat alternate in the same meal.
\4\ Alternate protein products must meet the requirements in appendix A to this part.
\5\ Yogurt must contain no more than 23 grams of total sugars per 6 ounces.
\6\ Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day.
\7\ At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do not count towards the grains
  requirement.
\8\ Refer to FNS guidance for additional information on crediting different types of grains.
\9\ Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry
  cereal).

* * * * *

Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2022-01582 Filed 1-26-22; 8:45 am]
BILLING CODE 3410-30-P