This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

10187

Vol. 62, No. 44

Thursday, March 6, 1997

DEPARTMENT OF AGRICULTURE

Food and Consumer Service

7 CFR Parts 210, 220, 225 and 226

RIN 0584–AC15

National School Lunch Program,

School Breakfast Program, Summer

Food Service Program for Children and

Child and Adult Care Food Program:

Meat Alternates Used in the Child

Nutrition Programs

AGENCY: Food and Consumer Service,

USDA.

ACTION: Final Rule.

SUMMARY: The Food and Consumer

Service of the Department of Agriculture

(Department) is amending the

regulations governing the meal pattern

requirements for the National School

Lunch Program (NSLP), the School

Breakfast Program (SBP), the Child and

Adult Care Food Program (CACFP) and

the Summer Food Service Program for

Children (SFSP) to allow yogurt to be

credited as a meat alternate for all

meals. Formerly, yogurt could be

credited as a meat alternate only for the

supplement (snack) meal patterns of the

Child Nutrition Programs. Under this

final rule, four ounces of yogurt satisfies

one ounce of the meat/meat alternate

requirement for breakfasts, lunches and

suppers served under any of the Child

Nutrition Programs. This final rule

responds to numerous

recommendations for additional meat

alternates and provides local food

service operations with greater

flexibility in planning and preparing

meals using lowfat meat alternates.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert M. Eadie, Chief, Policy and

Program Development Branch, Child

Nutrition Division, Food and Consumer

Service, USDA, 3101 Park Center Drive,

Alexandria, Virginia 22302; by

telephone (703) 305–2620.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to

be not significant for purposes of

Executive Order 12866 and, therefore,

has not been reviewed by the Office of

Management and Budget.

Regulatory Flexibility Act

This final rule has been reviewed

with regard to the requirements of the

Regulatory Flexibility Act (5 U.S.C. 601

through 612). The Administrator of the

Food and Consumer Service (FCS) has

certified that this rule will not have a

significant economic impact on a

substantial number of small entities.

This rule provides greater flexibility to

schools, institutions and homes

participating in the NSLP, SBP, CACFP

and SFSP rather than imposing more

restrictive requirements upon them. The

overall types and frequency of service of

foods used in the meals served in these

programs will not be significantly

affected by this rule, and thus, this rule

will not have a significant economic

impact.

Catalog of Federal Assistance

The NSLP, SBP, SFSP and CACFP are

listed in the Catalog of Federal Domestic

Assistance under Nos. 10.555, 10.553,

10.559 and 10.558, respectively, and are

subject to the provisions of Executive

Order 12372, which requires

intergovernmental consultation with

State and local officials. (7 CFR part

3015, subpart V and final rule-related

notice at 48 (FR) 29112, June 24, 1983.)

Executive Order 12988

This final rule has been 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 final rule or the application of

the provisions, all applicable

administrative procedures must be

exhausted. In the NSLP and SBP, 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 pursuant to 7 CFR 210.18(q)

and 220.14(e); (2) school food authority

appeals of FCS findings as a result of an

administrative review must follow FCS

hearing procedures as established

pursuant to 7 CFR 210.30(d)(3) and

220.14(g); and (3) State agency appeals

of State Administrative Expense fund

sanctions (7 CFR 235.11(b)) must follow

the FCS Administrative Review Process

as established pursuant to 7 CFR

235.11(f). In the SFSP, (1) Program

sponsors and food service management

companies must follow State agency

hearing procedures issued pursuant to 7

CFR 225.13; and (2) disputes involving

procurement by State agencies and

sponsors must follow administrative

appeal procedures to the extent required

by 7 CFR 225.17 and 7 CFR part 3015.

In the CACFP, (1) institution appeal

procedures are set forth in 7 CFR

226.6(k); and (2) disputes involving

procurement by State agencies and

institutions must follow administrative

appeal procedures to the extent required

by 7 CFR 226.22 and 7 CFR part 3015.

Information Collection

This final rule does not contain

reporting and recordkeeping

requirements subject to approval by the

Office of Management and Budget

(OMB) under the Paperwork Reduction

Act of 1995. The programs being

amended are approved by OMB under

the following control numbers: NSLP,

0584–0006; SBP, 0584–0012; SFSP,

0584–0280; and CACFP, 0584–0055.

Background

On July 5, 1996, the Department

published a proposed rule to authorize

the crediting of yogurt as a meat/meat

alternate for all meals served under the

NSLP, SBP, CACFP and SFSP (61 FR

35152–35157). Under this proposal,

local food services would have the

option of offering yogurt as a meat

alternate with four ounces of yogurt

equaling one ounce of meat. The

Department proposed the four-to-one

ratio of yogurt to meat in order to allow

adequate levels of iron and niacin to

continue being provided. The proposal

also stipulated that the crediting change
10188 Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Rules and Regulations

would apply only to commercially

prepared products which meet the

definition and standard of identity for

yogurt as established by the Food and

Drug Administration (FDA) for yogurt,

low fat yogurt and nonfat yogurt. (See

21 CFR 131.200, 131.203 and 131.206.)

The proposal would not apply to the

yogurt found on or in noncommercial

and/or nonstandardized yogurt

products, such as frozen yogurt,

homemade yogurt, yogurt flavored

products, yogurt bars, yogurt covered

fruits and/or nuts or similar products.

Finally, as a practical matter, the

Department noted that the proposed

regulation would apply only to meals

planned and prepared using a foodbased menu planning system, because

schools planning and preparing meals

on the basis of nutrient analysis do not

have to observe specific component/

quantity requirements and, therefore,

are not subject to crediting

requirements. For a complete discussion

of the background to the proposed rule

and the issues surrounding its

provisions, interested parties should

refer to the preamble of the proposal.

The Department issued the proposed

rule as part of the School Meals

Initiative for Healthy Children, a

comprehensive, integrated plan to

provide school children with varied,

nutritious, healthful and appealing

meals. As the first step in the School

Meals Initiative for Healthy Children,

the Department published a final rule

on June 13, 1995, which established

updated nutrition requirements for

school lunches and breakfasts and

provided local food service

professionals with unprecedented

flexibility to plan and prepare meals

using a menu planning system that best

meets their needs (60 FR 31188).

Beginning July 1, 1996, schools are

required to serve lunches that, over a

week’s time, provide one-third of the

Recommended Dietary Allowances

(RDA) for key nutrients and one-third of

the calories needed by children of

different ages. School breakfasts must

provide one-fourth of the RDA for key

nutrients and calories. In addition,

school meals must comply with the

recommendations of the Dietary

Guidelines for Americans, including the

limitations on calories from fat (no more

than 30 percent of total calories) and

saturated fat (less than 10 percent of

total calories). The only exceptions to

these standards are for schools that have

been authorized by the State agency to

delay implementation for not more than

two years.

To achieve compliance with these

requirements, school meal planners may

select one of four menu planning

options. Schools may elect to use

Nutrient Standard Menu Planning,

under which they conduct a nutrient

analysis of the foods being prepared and

make adjustments as needed. A second

option is a variant of Nutrient Standard

Menu Planning called Assisted Nutrient

Standard Menu Planning, under which

the analysis and subsequent

development of recipes and menus are

conducted by an outside party. In

addition, there are two food-based menu

planning systems from which to choose:

The traditional meal pattern, consisting

of the same component and quantity

requirements that were in effect on July

1, 1995, and the enhanced meal pattern,

that is based on the traditional pattern

but has increased amounts of fruits/

vegetables and grains/breads.

Because local planners using nutrient

analysis do not have to satisfy specific

component/quantity requirements or

meet crediting standards, they are able

to select various lowfat and nonfat

sources of protein for their meals. To

provide planners using food-based

systems with similar flexibility, State

agencies and local food service

professionals requested the Department

to reevaluate the use of yogurt as a

meat/meat alternate for these menu

planning systems. They also requested

the Department to extend this

consideration to the CACFP and the

SFSP. Based on this reevaluation, the

Department issued the July 5, 1996,

proposed rule.

During the official comment period,

which ended on September 3, 1996, the

Department received 2077 comments.

The following groups generated the

greatest number of responses: general

public (857), local food service

personnel (528), other local agency

personnel (534) and industry (90). Over

1900 of the comments supported the

proposal, generally on the grounds that

it would provide greater flexibility for

local food services to reduce fat content.

Some commenters also noted that the

crediting of yogurt would enhance the

ability of local planners to meet the

nutrition needs of children who are

lactose intolerant or who are

vegetarians. Commenters who

disapproved of the proposed rule

essentially raised three objections. First,

they voiced concern that the

Department was attempting to eliminate

meat products from meals served under

the Child Nutrition Programs. Second,

they maintained that it would be

inappropriate to use a dairy product as

a substitute for meat. Third, they noted

that yogurt is inherently low in iron and

niacin, both of which are generally

provided by the meat/meat alternate.

The remainder of this preamble

discusses these issues.

Elimination of Meat Products

The Department emphasizes that the

proposed rule was not intended as an

endorsement of yogurt at the expense of

meat products or other meat alternates.

On the contrary, the proposal simply

provides local food services with an

additional option for meeting a variety

of the needs and tastes of children. In

fact, the Department does not envision

any significant reduction in meat

offerings given the traditional

popularity of meat products. Moreover,

it should be noted that even when

yogurt is served, it would not

necessarily replace meat entirely. For

example, a school might serve a four

ounce portion of yogurt in combination

with a half sandwich, a cup of soup or

salad containing a one ounce or

equivalent portion of meat/meat

alternate. Finally, some children who

could benefit from this rule would not

consume meat even if there were no

alternative, because they are vegetarians

or otherwise are not permitted to eat

certain kinds of meat. For these reasons,

the Department does not believe that the

meat industry will be adversely affected

by providing local food services with

the option of serving yogurt.

Inappropriate Substitution

The purpose of the meat/meat

alternate component in food-based

menu planning systems is to ensure that

an adequate source of protein is

available as part of the meal. This

specific requirement is not necessary in

meal planning systems based on

nutrient analysis because protein is one

of the nutrients automatically measured

as the meal is planned. However, the

Department has long recognized that

some non-meat products can provide

the protein and other nutrients normally

supplied by meat. Nuts and seeds as

well as cheese/cheese alternates have

been available as meat alternates for

years. The Department also notes that

yogurt is already credited as a meat

alternate for snacks in the Child

Nutrition Programs. Finally, allowing

yogurt as a meat alternate would enable

local food services to better serve

children who, for religious or other

reasons, are unable to eat meat.

Inadequacy of Certain Key Nutrients

A number of commenters were

concerned that yogurt is inherently low

in two key nutrients—iron and niacin—

generally provided by the meat/meat

alternate component. The Department

recognizes this shortcoming and shares

commenters’ concern for the nutritional
Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Rules and Regulations 10189

adequacy of meals served to children.

The nutritional contributions of yogurt

were carefully considered when the

Department proposed to credit yogurt at

the ratio of four ounces of yogurt to one

ounce of meat. The Department notes,

however, that children will continue to

obtain key nutrients from a variety of

foods. For example, when averaged over

a week, other foods such as lean meats,

beans, eggs and grains will be able to

supplement the nutrients available in

yogurt. Moreover, meal planners can

also serve yogurt in combination with

other foods. For example, as noted

above, a local meal planner could offer

children four ounces of yogurt along

with a half sandwich, a cup of soup or

salad. Finally, in response to requests

from the school food service and

nutrition advocacy communities, the

Department intends to provide guidance

material to assist local meal planners.

Definition and Standard of Identity

In the proposed rule, the Department

stipulated that, to be credited, a yogurt

product would have to meet the

standard of identity for yogurt

established by the FDA. However, the

current definition and standard of

identity includes yogurt products that

contain no live bacteria cultures because

the extremely high temperatures at

which the products are processed to

remove the tartness kill the bacteria. In

response, the National Yogurt

Association has petitioned to FDA to

have yogurt products without live and

active cultures excluded from the

definition and standard of identity of

yogurt. A large number of comments

recommended that the Department

follow the Association’s

recommendation and stipulate in the

final rule that only yogurt containing

live and active bacterial cultures be

credited in the Child Nutrition

Programs.

The Department appreciates

commenters’ position on this issue.

However, the FDA is the Federal agency

responsible for making decisions about

product definitions and standards of

identity, and it would be inappropriate

for the Department to anticipate

whether or not the FDA will adopt the

recommendation of the National Yogurt

Association’s petition to exclude

products which do not contain active

live bacteria cultures from the definition

and standard of identity of yogurt. It

should also be noted that any

amendments to the FDA definition and

standard of identity for yogurt will be

automatically implemented in the Child

Nutrition Programs by virtue of the

cross reference in this regulation to the

FDA regulations. Moreover, the

Department will make any other

amendments as necessary. Finally, this

final rule makes a technical change to

the proposed rule to change the phrase

‘‘standard of identity’’ to read

‘‘definition and standard of identity.’’

Conclusion

For the reasons described above, the

Department is adopting the July 5, 1996,

proposal without change. The

Department emphasizes, however, that

it is aware that many of the yogurt

products that could satisfy the

regulatory requirements as the meat/

meat alternate component of the meal

are actually more like dessert items. The

Department continues to expect that

schools and institutions will exercise

good judgment in selecting yogurt

products for their meals. The

Department also notes that this crediting

policy does not extend to

noncommercial and/or nonstandardized

yogurt products, such as frozen yogurt,

homemade yogurt, yogurt flavored

products, yogurt bars, yogurt covering

on fruit and/or nuts and similar

products.

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,

Grants programs-social programs,

Nutrition, Reporting and recordkeeping

requirements, School Breakfast Program.

7 CFR Part 225

Food assistance programs, Grant

programs—health, infants and children,

Reporting and Recordkeeping

requirements.

7 CFR Part 226

Day care, Food assistance programs,

Grant programs—health, infants and

children, Surplus agricultural

commodities.

Accordingly, the Department is

amending 7 CFR part 210, 220, 225 and

226 as follows:

PART 210—NATIONAL SCHOOL

LUNCH PROGRAM

1. The authority citation for part 210

continues to read as follows:

Authority: 42 U.S.C. 1751–1760, 1779.

2. In § 210.2 a definition for Yogurt is

added in alphabetical order to read as

follows:

§ 210.2 Definitions.

* * * * *

Yogurt means commercially prepared

coagulated milk products obtained by

the fermentation of specific bacteria,

that meet milk fat or milk solid

requirements and to which flavoring

foods or ingredients may be added.

These products are covered by the Food

and Drug Administration’s Definition

and Standard of Identity for yogurt,

lowfat yogurt, and nonfat yogurt, 21

CFR 131.200, 21 CFR 131.203, and 21

CFR 131.206, respectively.

3. In § 210.10:

a. The meat or meat alternate section

in the first column of the table in

paragraph (k)(2) is amended by adding

a new entry for yogurt after the entry for

‘‘Peanut butter or other nut or seed

butters’’;

b. New paragraph (k)(3)(iii) is added;

c. Paragraph (n)(3)(iv) is amended by

removing the words ‘‘in the snack only’’

from the first sentence of footnote 4 in

the ‘‘Meal Supplement Chart for

Children’’.

The additions read as follows:

§ 210.10 Nutrition standards for lunches

and menu planning methods.

* * * * *

(k) Food-based menu planning. * * *

(2) Minimum quantities. * * *

Minimum quantities required for Option for grades

K–3 Meal component Ages 1–2 Preschool Grades K–6 Grades 7–12

* * * * * * *

Meat or Meat Alternate (quantity of the edible portion as

served). * * *
10190 Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Rules and Regulations

Minimum quantities required for Option for grades

K–3 Meal component Ages 1–2 Preschool Grades K–6 Grades 7–12

Yogurt, plain or flavored, unsweetened or sweetened.4 oz. or 1⁄2 cup ........ 6 oz. or 3⁄4 cup ........ 8 oz. or 1 cup ......... 8 oz. or 1 cup ......... 6 oz. or 3⁄4 cup.

* * * * * * *

* * * * *

(3) * * *

(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. In § 210.10a:

a. the meat or meat alternate section

in the first column of the table in

paragraph (c) is amended by adding a

new entry for yogurt after the entry for

‘‘Peanut butter or other nut or seed

butters’’;

b. new paragraph (d)(2)(iii) is added;

c. paragraph (j)(3) is amended by

removing the words ‘‘in the snack only’’

from the first sentence of footnote 4 in

the ‘‘Meal Supplement Chart for

Children.’’

The additions read as follows:

§ 210.10a Lunch components and

quantities for the meal pattern.

* * * * *

(c) Minimum required lunch

quantities. * * *

SCHOOL LUNCH PATTERN-PER LUNCH MINIMUMS

Minimum quantities Recommended

quantities: group V,

12 years and older

(7–12) Food components and food items Group I, age 1–2,(preschool)

Group II, age 3–4

(preschool)

Group III, age 5–8

(K–3)

Group IV, age 9

and older (4–12)

* * * * * * *

Meat or Meat Alternate (quantity of

the edible portion as served):

* * *

Yogurt, plain or flavored, unsweetened or sweetened..4 oz. or 1⁄2 cup ..... 6 oz. or 3⁄4 cup ..... 6 oz. or 3⁄4 cup ..... 8 oz. or 1 cup ....... 12 oz. or 11⁄2.

* * * * * * *

(d) Lunch components. * * *

(2) Meat or meat alternate. * * *

(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.

* * * * *

PART 220—SCHOOL BREAKFAST

PROGRAM

1. The authority citation for part 220

continues to read as follows:

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

otherwise noted.

2. In § 220.2 a new paragraph (bb) is

added to read as follows:

§ 220.2 Definitions

* * * * *

(bb) Yogurt means commercially

prepared coagulated milk products

obtained by the fermentation of specific

bacteria, that meet milk fat or milk solid

requirements and to which flavoring

foods or ingredients may be added.

These products are covered by the Food

and Drug Administration’s Definition

and Standard of Identity for yogurt,

lowfat yogurt, and nonfat yogurt, 21

CFR 131.200, 21 CFR 131.203, and 21

CFR 131.206, respectively.

3. In § 220.8, the meat or meat

alternates section in the first column of

the table in paragraph (g)(2) is amended

by adding a new entry for yogurt after

the entry for ‘‘Nut and/or seeds’’ to read

as follows:

§ 220.8 Nutrition standards for breakfast

and menu planning alternatives.

* * * * *

(g) Food-based menu planning. * * *

(2) Minimum quantities. * * *

Minimum quantities required for Option for grades

7–12 Meal component Ages 1–2 Preschool Grades K–12

* * * * * * *

Meat or Meat Alternates: * * *

Yogurt, plain or flavored, unsweetened or sweetened.2 oz. or 1⁄4 cup .......... 2 oz. or 1⁄4 cup .......... 4 oz. or 1⁄2 cup .......... 4 oz. or 1⁄2 cup
Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Rules and Regulations 10191

* * * * *

4. In § 220.8a, the meat or meat

alternates section in the first column of

the table in paragraph (a)(2) is amended

by adding a new entry for yogurt after

the entry for ‘‘Nuts and/or seeds’’ to

read as follows:

§ 220.8a Breakfast components and

quantities for the meal pattern.

(a) (1) Food components. * * *

(2) Minimum required breakfast

quantities. * * *

SCHOOL BREAKFAST PATTERN

[Required minimum serving sizes]

Food components/items Ages 1 and 2 Ages 3, 4, and 5 Grades K–12

* * * * * * *

Meat/Meat Alternates: * * *

Yogurt, plain or flavored, unsweetened or sweetened ................................ 2 oz. or 1⁄4 cup .......... 2 oz. or 1⁄4 cup .......... 4 oz. or 1⁄2 cup.

* * * * *

PART 225—SUMMER FOOD SERVICE

PROGRAM

1. The authority citation for Part 225

continues to read as follows:

Authority: Secs. 9, 13 and 14, National

School Lunch Act, as amended (42 U.S.C.

1758, 1761 and 1762a).

2. In § 225.16:

a. the Meat and Meat Alternates

(Optional) section of the table in

paragraph (d)(1) is amended by adding

a new entry for yogurt after the entry for

‘‘Peanut butter or an equivalent quantity

of any combination of meat/meat

alternate’’;

b. the Meat and Meat Alternates

section of the table in paragraph (d)(2)

is amended by adding a new entry for

yogurt after the entry for ‘‘Peanuts or

soynuts or tree nuts or seed’’.

The additions read as follows:

§ 225.16 Meal service requirements.

* * * * *

(d) Meal patterns. * * *

BREAKFAST

(1) * * *

Food components Minimum amount

* * * * * * *

Meat and Meat Alternates (Optional) * * * or

Yogurt, plain or flavored, unsweetened or sweetened ............................................................................................................... 4 oz. or 1⁄2 cup.

* * * * * LUNCH OR SUPPER

(2) * * *

Food components Minimum amount

Meat and Meat Alternates * * * or

Yogurt, plain or flavored, unsweetened or sweetened ............................................................................................................... 8 oz. or 1 cup.

* * * * * * *

* * * * *

PART 226—CHILD AND ADULT CARE

FOOD PROGRAM

1. The authority citation for 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 § 226.20:

a. new paragraph (a)(2)(ii)(C) is added;

b. the Meat and Meat Alternates

section in the first column of the tables

in paragraphs (c)(2) and (c)(3) are

amended by adding a new entry for

yogurt after the entries for ‘‘Peanuts or

soynuts or tree nuts or seeds’’;

c. paragraph (d)(1) is amended by

adding a semicolon and the words ‘‘or

4 oz of yogurt;’’ after the words ‘‘peanut

butter’’.

The additions read as follows:

§ 226.20 Requirements for meals.

(a) * * *

(2) * * *

(ii) * * *

(C) 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.

* * * * *

(c) Meal patterns for children age one

through 12 and adult participants.

* * *

LUNCH

(2) * * *
10192 Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Rules and Regulations

Food components Age 1 and 2 Age 3 through 5 Age 6 through 12 1 Adult participants

* * * * * * *

Meat and Meat Alternates * * * or

Yogurt, plain or flavored, unsweetened or sweetened.4 oz. or 1⁄2 cup .......... 6 oz. or 3⁄4 cup .......... 8 oz. or 1 cup ............ 8 oz. or 1 cup.

* * * * * * *

1The text is unchanged.

* * * * *

(3) * * * SUPPER

Food components Children ages 1 and

2

Children ages 3

through 5

Children ages 6

through 12 Adult participants

* * * * * * *

Meat and Meat Alternates * * * or.

Yogurt, plain or flavored, unsweetened or sweetened.4 oz. or 1⁄2 cup .......... 6 oz. or 3⁄4 cup .......... 8 oz. or 1 cup ............ 8 oz. or 1 cup.

* * * * * * *

* * * * *

Dated: February 28, 1997.

William E. Ludwig,

Administrator, Food and Consumer Service.

[FR Doc. 97–5537 Filed 3–5–97; 8:45 am]

BILLING CODE 3410–30–P

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 97–009–1]

Brucellosis in Cattle; State and Area

Classifications; Tennessee

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

brucellosis regulations concerning the

interstate movement of cattle by

changing the classification of Tennessee

from Class A to Class Free. We have

determined that Tennessee meets the

standards for Class Free status. This

action relieves certain restrictions on

the interstate movement of cattle from

Tennessee.

DATES: Interim rule effective February

28, 1997. Consideration will be given

only to comments received on or before

May 5, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–009–1, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–009–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue, SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

Michael J. Gilsdorf, Senior Staff

Veterinarian, National Animal Health

Programs, VS, APHIS, Suite 3B08, 4700

River Road Unit 36, Riverdale, MD

20737–1231, (301) 734–7708; or e-mail:

mgilsdorf@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a contagious disease

affecting animals and humans, caused

by bacteria of the genus Brucella.

The brucellosis regulations, contained

in 9 CFR part 78 (referred to below as

the regulations), provide a system for

classifying States or portions of States

according to the rate of Brucella

infection present, and the general

effectiveness of a brucellosis control and

eradication program. The classifications

are Class Free, Class A, Class B, and

Class C. States or areas that do not meet

the minimum standards for Class C are

required to be placed under Federal

quarantine.

The brucellosis Class Free

classification is based on a finding of no

known brucellosis in cattle for the 12

months preceding classification as Class

Free. The Class C classification is for

States or areas with the highest rate of

brucellosis. Class B and Class A fall

between these two extremes.

Restrictions on moving cattle interstate

become less stringent as a State

approaches or achieves Class Free

status.

The standards for the different

classifications of States or areas entail

(1) maintaining a cattle herd infection

rate not to exceed a stated level during

12 consecutive months; (2) tracing back

to the farm of origin and successfully

closing a stated percent of all brucellosis

reactors found in the course of Market

Cattle Identification (MCI) testing; (3)

maintaining a surveillance system that

includes testing of dairy herds,

participation of all recognized

slaughtering establishments in the MCI

program, identification and monitoring

of herds at high risk of infection

(including herds adjacent to infected

herds and herds from which infected

animals have been sold or received),

and having an individual herd plan in

effect within a stated number of days

after the herd owner is notified of the

finding of brucellosis in a herd he or she

owns; and (4) maintaining minimum

procedural standards for administering

the program. Before the effective date of this

interim rule, Tennessee was classified

as a Class A State.

To attain and maintain Class Free

status, a State or area must (1) remain

free from field strain Brucella abortus

infection for 12 consecutive months or

longer; (2) trace back at least 90 percent

of all brucellosis reactors found in the

course of MCI testing to the farm of

origin; (3) successfully close at least 95

percent of the MCI reactor cases traced

to the farm of origin during the 12

consecutive month period immediately

prior to the most recent anniversary of