```

[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 104965-104971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30710]

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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

Request for Information: Grain-Based Desserts and High-Protein 
Yogurt Crediting in Child Nutrition Programs

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

[[Page 104966]]

ACTION: Notice; Request for Information.

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SUMMARY: The U.S. Department of Agriculture's (USDA) Food and Nutrition 
Service (FNS) requests comments from the public to help inform future 
policymaking, guidance, and technical assistance related to grain-based 
desserts and high-protein yogurt (which may include Greek and Greek-
style yogurt) crediting in the Child Nutrition Programs. FNS welcomes 
comments from all interested partners, including child nutrition 
professionals, State agencies, the food industry, the research 
community, and other individuals and organizations with an interest in 
the Child Nutrition Programs.

DATES: Written comments must be received on or before March 26, 2025.

ADDRESSES: USDA invites the submission of the requested information 
through one of the following methods:
     Federal eRulemaking Portal (preferred method): Go to 
http://www.regulations.gov. Follow the online instructions for 
submitting comments.
     Mail: Send written comments to the Child Nutrition 
Programs, USDA Food and Nutrition Service, Braddock Metro Center II, 
1320 Braddock Place, Alexandria, VA 22314.
    All comments submitted in response to this Request for Information 
will be included in the record and will be made available to the 
public. Please be advised that the substance of the comments and the 
identity of the individuals or entities submitting the comments will be 
subject to public disclosure. USDA will make the comments publicly 
available via https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Heather Hopwood, School Meals Policy 
Division, Child Nutrition Programs, USDA Food and Nutrition Service, 
703-305-2054.

SUPPLEMENTARY INFORMATION:

Child Nutrition Programs: Meal Patterns & Food Crediting

    The U.S. Department of Agriculture's (USDA's) Child Nutrition 
Programs (CNPs) help to ensure that participants have access to 
nutritious meals and snacks in schools, summer food service programs, 
child and adult care centers and homes, afterschool programs, and 
emergency shelters. Program operators plan meals and snacks that meet 
participants' nutrition and energy requirements by following meal 
patterns that are consistent with the goals of the ``Dietary Guidelines 
for Americans'' (hereafter referred to as ``Dietary Guidelines'').\1\
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    \1\ U.S. Department of Agriculture and U.S. Department of Health 
and Human Services. Dietary Guidelines for Americans, 2020-2025. 9th 
Edition. December 2020. Available at: http://www.DietaryGuidelines.gov.
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    CNP meal patterns establish the types of foods and minimum serving 
sizes that Program operators must offer to receive Federal 
reimbursement for meals or snacks served.\2\ The meal patterns are 
based on food groups (meal components), rather than individual 
nutrients. CNP meal patterns require daily and, in some cases, weekly 
amounts of certain meal components for breakfasts, lunches, suppers, 
and snacks. While the component groupings and requirements differ 
slightly by Program, they generally include some combination of fruits, 
vegetables, grains, meats/meat alternates, and fluid milk. Each CNP has 
unique meal patterns specific to the nutrient needs of the various age 
and grade groups served by each Program. In addition to the required 
meal components, National School Lunch Program (NSLP) and School 
Breakfast Program (SBP) meals must, on average, meet weekly dietary 
specifications for calories, sodium, and saturated fat. Beginning in 
school year (SY) 2027-2028, school lunches and breakfasts must also 
meet, on average, a weekly added sugars limit of less than 10 percent 
of calories across the week.\3\ This change better aligns school meals 
with the Dietary Guidelines recommendation to limit added sugars intake 
to fewer than 10 percent of calories per day, starting at age 2.\4\
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    \2\ National School Lunch Program: 7 CFR 210.10, available at: 
https://www.ecfr.gov/current/title-7/section-210.10. School 
Breakfast Program: 7 CFR 220.8, available at: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-220#220.8. 
Child and Adult Care Food Program: 7 CFR 226.20, available at: 
https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-226#226.20. Summer Food Service Program: 7 CFR 
225.16, available at: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-220#220.8.
    \3\ Final Rule, Child Nutrition Programs: Meal Patterns 
Consistent With the 2020-2025 Dietary Guidelines for Americans (89 
FR 31962, April 25, 2024). Available at: https://www.govinfo.gov/content/pkg/FR-2024-04-25/pdf/2024-08098.pdf.
    \4\ U.S. Department of Agriculture and U.S. Department of Health 
and Human Services. Dietary Guidelines for Americans, 2020-2025. 9th 
Edition. December 2020. Available at DietaryGuidelines.gov. 
Available at: https://www.dietaryguidelines.gov/resources/2020-2025-dietary-guidelines-online-materials.
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    Crediting is the process established by FNS to determine how 
individual foods and beverages contribute toward meal pattern 
requirements. Menu planners comply with meal pattern requirements by 
designing menus that offer foods and beverages that ``credit'' toward 
meal component requirements. A food is ``creditable'' when it meets the 
minimum standards that count toward a reimbursable meal or snack. 
Generally, this means foods are grouped into categories of similar 
foods that are credited in a similar way. FNS' crediting system intends 
to provide simple information that allows Program operators to (1) 
easily plan menus with foods and beverages in quantities that meet meal 
pattern requirements, and (2) offer foods and beverages in a way that 
encourages healthy habits and teaches participants how to build well-
balanced meals. Crediting information is conveyed to Program operators 
through regulations, resources such as FNS' Food Buying Guide for Child 
Nutrition Programs, and other guidance and technical assistance 
materials.
    Several factors impact how foods and beverages credit toward CNP 
meal pattern requirements. Crediting decisions are made on the fullest 
range of factors possible to ensure transparency and consistency. The 
overall nutrient profile of a food is a primary consideration. 
Generally, foods in each meal component are based on a range of 
nutrients, rather than an individual product's specific nutrient 
profile. Another important factor is the usual and customary function 
of the food in a meal or a snack. One example of this principle is 
coffee cake offered at breakfast. In school breakfast, all cake 
varieties are prohibited from being offered to meet the grains 
requirement, except for coffee cake. Coffee cake has historically been 
allowed to contribute toward the grains requirement at school breakfast 
given its ``usual and customary'' function as a popular grain item 
served at breakfast in the United States. Foods and beverages that 
credit toward reimbursable meals and snacks sometimes have a Federal 
standard of identity. Federal standards of identity are established by 
the U.S. Food and Drug Administration (FDA) and the USDA Food Safety 
and Inspection Service (FSIS). They are mandatory requirements that 
determine what a food must contain to be marketed and sold under a 
certain name. FNS relies on FDA's and FSIS' standards of identity 
because they provide a common Federal standard under which specific 
foods are made. This allows FNS to establish crediting policy with 
confidence that products from all manufacturers will have the same 
characteristics and make consistent contributions to Program meal 
patterns.
    FNS first considers Federal standards of identity when making 
crediting decisions. There are some commercial products on the market 
that do not have

[[Page 104967]]

an FDA or FSIS standard of identity but have industry-defined 
standards. When a Federal standard of identity does not exist, FNS may 
use industry standards for production to better understand the 
manufacturing process. Finally, when making crediting decisions, FNS 
considers the role of CNPs in teaching participants healthy eating 
habits.
    FNS evaluates the CNPs' food crediting system on an ongoing basis 
to keep pace with the evolving food and nutrition environment, ensure 
participants have access to the nutrition they need, and offer 
excellent customer service to those operating, and benefitting from, 
the Programs. It is important that FNS' crediting system balances the 
nutritional needs of participants, as recommended by the Dietary 
Guidelines, and the need to offer flexibility and a wide range of 
choices to Program operators. In this Request for Information, FNS 
seeks public input in two areas: grain-based desserts and high-protein 
yogurt (which may include Greek and Greek-style yogurt), including how 
those terms are defined and how those foods should credit toward meal 
pattern requirements.

Grain-Based Desserts

    Grains play an important role in CNPs, helping Program operators 
offer a variety of food options for participants to enjoy as part of 
their meals and snacks. Products that are considered grain-based 
desserts may be offered to meet part of the grains requirement in some 
CNPs. Menu planners may offer grain-based desserts to encourage whole 
grains consumption and/or provide participants with foods they enjoy 
while still meeting nutritional standards. Under current policy, grain-
based desserts include foods that are typically considered desserts, 
such as cakes, cookies and brownies, as well as other foods such as 
breakfast bars and toaster pastries. The Food Buying Guide for Child 
Nutrition Programs, Exhibit A: Grain Requirements for Child Nutrition 
Programs designates examples of grain-based desserts with superscripts 
3, 4, and 5.\5\ Nutritionally, grains are important sources of many 
nutrients, including complex carbohydrates, dietary fiber, several B 
vitamins, and minerals (e.g., iron, magnesium, and selenium); however, 
while their added sugars content varies, grain-based desserts are also 
often higher in added sugars than other grains typically offered at 
breakfast, such as bagels, English muffins, oatmeal, or toast.
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    \5\ U.S. Department of Agriculture, Food Buying Guide for Child 
Nutrition Programs. Available at: https://foodbuyingguide.fns.usda.gov/Appendix/DownLoadFBG. See: Section 4--
Grains, Exhibit A: Grain Requirements for Child Nutrition Programs, 
for a non-exhaustive list of grain-based dessert examples.
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    The FDA defines the term ``high'' in its nutrient claim regulations 
(21 CFR 101.54(b)) as a food with 20 percent or more of the Reference 
Daily Intake (RDI) or Daily Reference Value (DRV) for a nutrient per 
Reference Amount Customarily Consumed (RACC), as established in 21 CFR 
101.9(c)(8)(iv) or 21 CFR 101.9(c)(9), respectively.\6\ The DRV for 
added sugars for adults and children ages four years and older is 50 
grams per day,\7\ and 25 grams per day for children ages one to three 
years old.\8\ Under that definition, a grain food would be ``high in 
added sugars'' if it contains 10 or more grams of added sugars per RACC 
for adults and children ages four and older; or 5 or more grams of 
added sugars per RACC for children ages one to three years. FNS could 
consider using FDA's definition of ``high'' for use on food label 
nutrient content claims to define ``grains high in added sugars'' and 
develop resources related to ``grains high in added sugars'' to reduce 
added sugars in meals and snacks.
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    \6\ See 21 CFR 101.54 Nutrient content claims for ``good 
source,'' ``high,'' ``more,'' and ``high potency.'' Available at: 
https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-101/subpart-D/section-101.54
    \7\ Based on the reference caloric intake of 2,000 calories for 
adults and children aged 4 years and older, and for pregnant women 
and lactating women.
    \8\ Based on the reference caloric intake of 1,000 calories for 
children 1 through 3 years of age.
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    Given this context, FNS is gathering additional public input on how 
to make its guidance related to grain-based desserts (and other grains 
high in added sugars) more effective at reducing added sugars in CNP 
menus, while also providing Program operator flexibility in menu 
planning, maintaining participant satisfaction, and continuing to make 
investments in the healthy, balanced diets of Program participants.
    Consistent with the Dietary Guidelines' recommendation to reduce 
intakes of cakes, cookies, brownies, and other grain-based desserts, 
FNS has implemented limits for grain-based desserts to reduce added 
sugars in some Programs: \9\
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    \9\ U.S. Department of Agriculture and U.S. Department of Health 
and Human Services. Dietary Guidelines for Americans, 2020-2025. 9th 
Edition. December 2020. p. 33. Available at: https://www.dietaryguidelines.gov/.
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     SBP Kindergarten--Grade 12: Schools are prohibited from 
offering cookies, dessert pies, cobbler, brownies, and all cake 
varieties (except coffee cake) toward the grains requirement at 
breakfast.\10\
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    \10\ For additional information, see SP 19-2024, CACFP 07-2024, 
SFSP 12-2024, Initial Implementation Memorandum: Child Nutrition 
Programs: Meal Patterns Consistent With the 2020-2025 Dietary 
Guidelines for Americans, published May 14, 2024, available at: 
https://www.fns.usda.gov/cn/initial-implementation-meal-patterns-dga.
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     NSLP Kindergarten-Grade 12: Schools may offer up 
to two ounce equivalents of grain-based desserts per week at lunch.\11\
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    \11\ 7 CFR 210.10(c)(2)(iv)(C), available at: https://www.ecfr.gov/current/title-7/part-210#p-210.10(c)(2)(iv)(C).
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     NSLP/SBP Preschool: Grain-based desserts do not 
credit toward grains requirements.\12\
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    \12\ 7 CFR 210.10(o)(3)(ii), Table 5, available at: https://www.ecfr.gov/current/title-7/part-210#p-210.10(o)(3)(ii).
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     NSLP afterschool snack service: Grain-based 
desserts will not credit toward grains requirements, beginning in SY 
2025-2026.\13\
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    \13\ For additional information, see Final Rule, Child Nutrition 
Programs: Meal Patterns Consistent With the 2020-2025 Dietary 
Guidelines for Americans (89 FR 31962, April 25, 2024). Available 
at: https://www.govinfo.gov/content/pkg/FR-2024-04-25/pdf/2024-08098.pdf.
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     Child and Adult Care Food Program: Grain-based 
desserts do not credit toward grains requirements.\14\
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    \14\ 7 CFR 226.20(a)(4)(iii), available at: https://www.ecfr.gov/current/title-7/part-226/section-226.20#p-226.20(a)(4)(iii).
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    On February 7, 2023, FNS issued a proposed rule to update CNP meal 
pattern requirements: Child Nutrition Programs: Revisions to Meal 
Patterns Consistent With the 2020 Dietary Guidelines for Americans.\15\ 
The rule included a proposal to limit grain-based desserts in the SBP 
to no more than two ounce equivalents per week, consistent with the 
NSLP. However, based on public comments, FNS did not finalize that 
proposed limit in the final rule, Child Nutrition Programs: Meal 
Patterns Consistent With the 2020-2025 Dietary Guidelines for 
Americans.\16\ Some of those comments noted that the definition of 
grain-based desserts does not explicitly focus on the amount of added 
sugars; some products high in added sugars are not classified as grain-
based desserts; and some products that are included may have lower 
amounts of added sugars, depending on their formulation. In addition, 
commenters

[[Page 104968]]

expressed concerns that the proposal would limit options at school 
breakfast, particularly for grab-and-go breakfasts, and recommended 
that FNS re-evaluate. As a result, FNS is seeking targeted public input 
on how to assist partners in considering the role of grain-based 
desserts and potentially other grain products high in added sugars to 
help inform next steps.
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    \15\ Proposed Rule, Child Nutrition Programs: Revisions to meal 
patterns consistent with the 2020 Dietary Guidelines for Americans. 
(88 FR 8050, February 7, 2023). Available at: https://www.ecfr.gov/current/title-7/part-210#p-210.10(o)(3)(ii).
    \16\ Final Rule, Child Nutrition Programs: Meal Patterns 
Consistent With the 2020-2025 Dietary Guidelines for Americans (89 
FR 31962, April 25, 2024). Available at: https://www.govinfo.gov/content/pkg/FR-2024-04-25/pdf/2024-08098.pdf.
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    To make progress toward reducing added sugars in CNPs, the final 
rule referenced above gradually phases in product-based and weekly 
added sugars limits. Product-based limits will be required for 
breakfast cereals, yogurt, and flavored milk by July 1, 2025, and added 
sugars will be limited to no more than 10 percent of total calories, 
per week, by July 1, 2027. FNS expects that the weekly limits will lead 
menu planners to choose grains that are lower in added sugars as they 
adjust their menu offerings to meet the limits. However, weekly limits 
also give menu planners flexibility to occasionally offer grains higher 
in added sugars, provided they are balanced with foods that are lower 
in added sugars throughout the week. While FNS recognizes that many 
partners prefer consistent requirements across the CNPs, the weekly 
limits for added sugars only apply to SBP and NSLP. Therefore, this 
approach would only be applicable to the school meals programs (SBP and 
NSLP).
    FNS is considering how to best support schools as they work to meet 
the aforementioned added sugars requirements and is interested in 
understanding what guidance and technical assistance Program operators 
needed to help them identify grains high in added sugars and consider 
them in menu planning. FNS is also interested in partner input on how 
to improve and simplify its current grain-based desserts requirements, 
including whether changes would support efforts to reduce added sugars 
in the CNPs.
    FNS welcomes public input on this topic and invites the public to 
submit other ideas to simplify current guidance, assist CNP operators 
in managing the use of grain-based desserts and other grain products 
high in added sugars, support schools in meeting the forthcoming added 
sugars limits, and reduce children's consumption of added sugars in the 
CNPs.

High-Protein Yogurt Crediting

    In addition to seeking input on grain-based desserts, FNS also 
seeks public input related to high-protein yogurt (which may include 
Greek and Greek-style yogurt), including how such yogurt is defined, if 
a definition separate from regular yogurt is warranted, and how high-
protein yogurt should credit toward CNP meal pattern requirements.
    Yogurt is a popular menu item and may credit toward all or part of 
the meats/meat alternates component in the CNPs.\17\ Nutritionally, 
yogurt is a source of calcium, zinc, potassium, and probiotics.\18\ 
Yogurt may be offered in a variety of forms: plain or flavored, 
unsweetened or sweetened, strained or non-strained, or high-protein or 
regular. It can be offered as a standalone option, or in different menu 
items, such as yogurt parfaits or smoothies. Current regulations 
establish that four ounces (weight) or \1/2\ cup (volume) of yogurt 
credits in the CNPs as one ounce equivalent of meat alternate.\19\ FDA 
maintains a single standard of identity for all yogurt; there is not a 
separate standard of identity for high-protein yogurt, nor for Greek or 
Greek-style yogurt.\20\
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    \17\ USDA's School Nutrition and Meal Cost Study found that low-
fat or fat-free yogurt was offered in 10 percent of all daily lunch 
menus and was more frequently offered in daily menus in elementary 
schools than middle or high school menus. In SBP, Yogurt (mostly 
low-fat or fat-free) was the most frequently offered meat/meat 
alternate item and was included in one-quarter (25 percent) of all 
daily breakfast menus. Additional information is available at: 
https://www.fns.usda.gov/school-nutrition-and-meal-cost-study.
    \18\ U.S. Department of Agriculture, Agricultural Research 
Service, Beltsville Human Nutrition Research Center. FoodData 
Central, available at: https://fdc.nal.usda.gov/fdc-app.html#/food-details/2647437/nutrients.
    \19\ In NSLP, SBP and CACFP, 4 ounces or 12044;2 cup of yogurt 
equals 1 ounce of the meats/meat alternates requirement, according 
to 7 CFR 210.10(c)(2)(i)(C), 7 CFR 220.8(c)(2)(i)(C), and 7 CFR 
226.20(a)(5)(iii). In the SFSP, 4 ounces or \1/2\ cup of yogurt may 
credit as 1 ounce of the meats/meat alternates component for 
breakfast and snack. For lunch and supper, 8 ounces or 1 cup of 
yogurt may credit as 2 ounces of the meats/meat alternates 
component, per 7 CFR 225.16(d)).
    \20\ FDA standard of identity for yogurt is at 21 CFR 131.200, 
available at: https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-131/subpart-B/section-131.200.
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    Yogurt crediting in the CNPs was established in 1997. Since then, 
the variety of yogurt available at retail and in the K-12 market has 
grown and evolved significantly. Manufacturers offer a range of flavors 
and varieties, including high-protein yogurt (which may include Greek 
and Greek-style yogurt) and plant-based yogurt, to cater to diverse 
consumer preferences. High-protein yogurt (including some Greek and 
Greek-style yogurt) continues to expand in availability and popularity; 
it differs from regular yogurt due to its unique manufacturing process, 
which typically involves straining the product to remove liquid whey, 
resulting in a thicker yogurt with higher protein content. Yogurt can 
also be thickened without straining, by ultrafiltration,\21\ or by 
adding a thickening agent (e.g., gelatin, pectin, agar, guar gum, 
starch) or optional dairy ingredients. Thickening agents can be made 
from proteins, polysaccharides, or optional dairy ingredients, and 
their use can increase a food's protein content. Straining, 
ultrafiltration, and the addition of dairy ingredients can result in a 
thicker, higher protein yogurt, compared to regular yogurt.
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    \21\ Ultrafiltration is a filtration process used to concentrate 
yogurt and other dairy products, such as Greek and Greek-style 
yogurt. The process separates the product into two streams, allowing 
water, acids, salts, and lactose to pass through, while retaining 
the fat and proteins. This allows manufacturers to produce yogurt 
varieties with different protein and fat contents.
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    FNS collaborates with industry partners to ensure that products are 
available for menu planners to offer nutritious foods and beverages 
that participants enjoy. In 2013, USDA operated a pilot program 
designed to test the cost effectiveness of making ``Greek-style 
yogurt'' available to schools in four States via USDA Foods in Schools. 
Greek-style yogurt is popular in school meals and schools expressed 
interest in procuring such yogurt via USDA Foods in Schools.\22\ As a 
result, USDA expanded the pilot in SY 2014-2015, making Greek-style 
yogurt available via USDA Foods in Schools in eight additional States. 
Beginning in SY 2015-2016, USDA added high-protein (Greek-style) yogurt 
as a food available for all schools to order through USDA Foods in 
Schools. On average, approximately 1.8 million pounds of high-protein 
yogurt are delivered to schools through USDA Foods annually, including 
strawberry cups (4 oz.), blueberry cups (4 oz.), vanilla cups (4 oz.), 
and vanilla tubs (32 oz.).\23\
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    \22\ USDA Press release, Expanding Healthy, American-Produced 
Food Offerings to Our Schools--USDA's Pilot Program for Greek-Style 
Yogurt (March 12, 2014). Available at: https://www.usda.gov/media/
blog/2014/03/12/expanding-healthy-american-produced-food-offerings-
our-schools-usdas-
pilot#:~:text=These%20states%20were%20able%20to,totaled%20199%2C800%2
0pounds%20of%20yogurt.
    \23\ FNS Administrative Data.
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    In 2017, FNS issued a Request for Information to solicit public 
input on a variety of crediting topics, including high-protein yogurt, 
and received a total of 437 comments. Most comments came from Program 
operators and individuals, but the food industry, advocacy 
organizations, and State agencies also submitted comments. In the 2017 
Request for Information, FNS asked if a separate crediting standard 
should be created for high-protein yogurt that is different than the 
crediting standard for

[[Page 104969]]

regular yogurt.\24\ Some commenters supported changes to yogurt 
crediting; however, overall, comments were mixed. Many commenters noted 
that two different yogurt crediting standards could cause confusion and 
suggested that crediting based on greater or lesser amounts of a single 
nutrient is inconsistent with food-based menu planning.\25\ As a 
result, FNS maintained consistent crediting for all yogurt in the CNPs: 
four ounces, or \1/2\ cup, of yogurt credits as one ounce equivalent of 
meat alternate.
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    \24\ Food Crediting in Child Nutrition Programs: Request for 
Information. 82 FR 58792. Published December 14, 2017. Available at: 
https://www.federalregister.gov/documents/2017/12/14/2017-26979/food-crediting-in-child-nutrition-programs-request-for-information. 
All comments are available for review at https://www.regulations.gov/docket?D=FNS-2017-0044.
    \25\ A single food-based menu planning approach, required since 
SY 2012-13, simplifies menu planning, serves as a teaching tool to 
help children choose a balanced meal, and assures that students 
nationwide have access to key food groups recommended by the Dietary 
Guidelines. It also makes it easier for schools to communicate meal 
standards to parents and the broader community.
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    As the CNPs and product availability continue to evolve, FNS seeks 
additional public input regarding high-protein yogurt crediting. This 
includes whether FNS should allow a lesser volume (i.e., a smaller 
serving size) of high-protein yogurt to credit toward the meats/meat 
alternates meal component compared to regular yogurt. Additionally, if 
different crediting is warranted, FNS seeks input on how to define 
high-protein yogurt. Similar to ``grains high in added sugars,'' in the 
absence of a Federal standard of identity, a definition of ``high-
protein yogurt'' could be informed by FDA's ``high'' nutrient 
claim.\26\ The DRV for protein for adults and children ages four years 
and older is 50 grams per day,\27\ and 13 grams per day for children 
ages one to three years old.\28\ Under that definition, a ``high-
protein yogurt'' must have at least 6.7 grams of protein per four ounce 
serving for adults and children ages four and older; or at least 2.6 
grams of protein per four ounce serving for children ages one to three 
years.\29\ FNS could adopt FDA's definition of ``high'' for use on food 
label nutrient content claims to define ``high-protein yogurt'' as 
yogurt that provides at least 6.7 grams of protein per four ounce 
serving for ages four and older, and 2.6 grams of protein per four 
ounce serving for ages one to three years.
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    \26\ The FDA defines ``high'' protein in its nutrient claim 
regulations as food with 20 percent or more of the Reference Daily 
Intake (RDI) or Daily Reference Value (DRV) for protein, as 
established in 21 CFR 101.9(c)(8)(iv) or 21 CFR 101.9(c)(9), 
respectively. See 21 CFR 101.54 Nutrient content claims for ``good 
source,'' ``high,'' ``more,'' and ``high potency.'' Available at: 
https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-101/subpart-D/section-101.54.
    \27\ Based on the reference caloric intake of 2,000 calories for 
adults and children aged 4 years and older, and for pregnant women 
and lactating women.
    \28\ Based on the reference caloric intake of 1,000 calories for 
children 1 through 3 years of age.
    \29\ Protein values have been adjusted down proportionately to 
align with CNP meal pattern requirements which differ slightly from 
FDA's Reference Amount Customarily Consumed (RACC) for yogurt, which 
is 6 ounces for ages 4 years and older. FDA does not currently 
specify a RACC for yogurt for ages 1-3 years in 21 CFR 101.12; 
however, FDA suggests a RACC of 4 oz for milk for ages 1-3 years 
(see question B.9 in Guidance for Industry Food Labeling Serving 
Sizes of Foods). Yogurt and milk have similar product 
characteristics (e.g., both are dairy products), which is the one of 
the three serving size general principles. Based on this guidance 
from FDA, FNS is using a RACC of four ounces for yogurt for ages one 
year and older.
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    USDA has already adopted FDA's definition of ``high'' for nutrient 
claims in high-protein yogurt in some Programs. USDA Foods began using 
FDA's definition of ``high'' for nutrient claims in high-protein yogurt 
in 2013. The most recent USDA Commodity Requirements--Yogurt Products 
specification references the USDA Agricultural Marketing Service's 
Commercial Item Description for Yogurt, which includes the following: 
``6.1.2. High protein. Shall conform to the Standard of Identity for 
yogurt (21 CFR 131.200), lowfat yogurt (21 CFR 131.203), or nonfat 
yogurt (21 CFR 131.206) and shall meet the FDA requirements for a 
``high'' nutrient content claim for protein (21 CFR 101.54(b)(1)).'' 
\30\ In addition, USDA`s Agricultural Marketing Service is currently 
updating the yogurt specification to include added sugars limits, and 
the specifications are expected to continue directly referencing FDA's 
definition of ``high'' for nutrient content claims.
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    \30\ USDA Agriculture Marketing Service, Commercial Item 
Description: Yogurt. Available at: https://www.ams.usda.gov/sites/default/files/media/CID%20Yogurt.pdf.
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    Public input in response to this Request for Information may inform 
future FNS policymaking related to how high-protein yogurt (including 
some Greek and Greek-style yogurt) credits toward meal pattern 
requirements (i.e., if a separate standard from regular yogurt is 
warranted) and, if so, how Program operators can identify high-protein 
yogurt.

List of Questions for Commenters

    FNS is committed to finding ways to ease menu planning for Program 
operators and ensure that children and adult participants have access 
to a wide array of nutritious food and beverage choices. Staying up to 
date with the evolving food environment through ongoing conversations 
with stakeholders helps FNS learn about additional food options that 
could improve Program menus. With these general interests in mind, FNS 
is seeking information on the following questions:

Grain-Based Desserts

    Although FNS has taken recent action to reduce added sugars in 
school meals,\31\ the Agency appreciates the importance of providing 
more guidance and support to CNP menu planners working to reduce added 
sugars. FNS welcomes input on the questions below, as well as other 
suggestions and strategies to help reduce added sugars on CNP menus.
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    \31\ The final rule, Child Nutrition Programs: Meal Patterns 
Consistent With the 2020-2025 Dietary Guidelines for Americans (89 
FR 31962, April 25, 2024) established product-based added sugars 
limits for milk, yogurt, and breakfast cereals that are effective 
July 1, 2025. Additionally, a weekly standard limiting added sugars 
in SBP and NSLP meals to no more than 10 percent of calories takes 
effect on July 1, 2027. Additional information is available at: 
https://www.govinfo.gov/content/pkg/FR-2024-04-25/pdf/2024-08098.pdf.
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Current Policies and Potential Alternatives for Grain-Based Desserts

    Certain grain products, including cookies, cakes, cereal bars, and 
toaster pastries, are categorized as grain-based desserts based on 
their characteristics. FNS' current policy related to grain-based 
desserts is detailed in The Food Buying Guide for Child Nutrition 
Programs, Exhibit A. FNS is interested in public input on its current 
grain-based desserts policies and other approaches that partners 
recommend for reducing added sugars in the CNPs.
    1. What challenges do Program operators face in identifying grain-
based desserts, under the current policies?
    2. Is the current NSLP policy that permits up to two ounce 
equivalents of grain-based desserts per week effective at reducing 
added sugars in school lunches?
    a. The weekly added sugars limit for NSLP will be implemented by 
July 1, 2027. Will the current grain-based dessert limit for NSLP lunch 
still be helpful for menu planning purposes, once the weekly added 
sugars limit is implemented?
    3. Should FNS adjust its current grain-based desserts policies, 
such as changing which grain products are categorized as grain-based 
desserts?

[[Page 104970]]

Input on Grains High in Added Sugars

    In addition to potential changes to its current grain-based 
desserts policies, FNS is also interested in public input on 
alternative approaches that partners recommend to reduce added sugars 
in CNP meals. This includes seeking public input on grain products high 
in added sugars.
    1. Should FNS consider alternative approaches to its current grain-
based desserts policies, such as replacing these policies with limits 
for ``grains high in added sugars''?
    2. If FNS were to establish limits for ``grains high in added 
sugars,'' how should the limits be established?
    a. Should FNS adopt FDA's definition for ``high'' for nutrient 
content claims used on food labels to define ``grains high in added 
sugars''? What are the benefits or limitations of this approach?
    b. What opportunities and challenges could arise from having 
different limits for grains offered to children ages one through three, 
versus children and adults ages four and older?
    c. What other approaches should FNS consider to define ``grains 
high in added sugars''?

Strategies To Reduce Added Sugars at School Breakfast

    FNS recognizes the specific challenges with reducing added sugars 
in school breakfast. The Agency invites public input on effective 
strategies to reduce added sugars at breakfast, including when using 
alternative school breakfast models.
    1. Are there strategies for reducing added sugars in the SBP that 
would support menu planners offering a variety of grains in alternative 
SBP service models (e.g., grab-and-go breakfasts, breakfast in the 
classroom)?
    2. What menu items are schools serving to reduce added sugars at 
breakfast? Examples may include protein foods (e.g., eggs; meat; tofu; 
beans, peas, and lentils) or others.
    a. Please share examples of breakfast menu items lower in added 
sugars that are popular with students.
    3. What additional resources from FNS could help Program operators 
reduce added sugars in CNP menus, including breakfast? Resources could 
include marketing ideas/materials, menu planners, online trainings and 
courses, and others.

High-Protein Yogurt Crediting

    Currently, all yogurt credits the same in CNPs: four ounces 
(weight) or 1/2 cup (volume) of yogurt is one ounce equivalent of meat 
alternate. FNS invites public comments to determine if different 
crediting is warranted for different types of yogurt, including high-
protein yogurt, which may include Greek and/or Greek-style yogurt. 
Responses may help FNS determine how to define and credit high-protein 
yogurt in the CNPs.

Current Policies

    Currently, four ounces (weight) or 1/2 cup (volume) of yogurt 
credits in the CNPs as one ounce equivalent of meat alternate. High-
protein yogurt (which may include Greek and Greek-style yogurt) credits 
the same as regular yogurt.
    1. Are Program operators currently offering Greek or Greek-style 
yogurt, or other types of yogurt that contain more protein than regular 
yogurt, as part of reimbursable meals or snacks?
    a. To which age groups and in which meals are these types of yogurt 
offered?
    b. How frequently are these types of yogurt offered?
    c. Are these types of yogurt popular with participants? Are they 
more popular than regular yogurt?
    2. If Program operators are not offering Greek or Greek-style 
yogurt, or other types of yogurt that contain more protein than regular 
yogurt, as frequently as desired, why not? What are the challenges with 
offering these types of yogurt?
    3. Has high-protein yogurt available via USDA Foods in Schools 
helped school Program operators offer high-protein yogurt to 
participants?
    a. Is high-protein yogurt incorporated into meals, particularly 
breakfast, in the same manner as traditional yogurt? Please share 
examples of how high-protein yogurt is used in menus and/or recipes; 
are traditional and high-protein yogurt used interchangeably or are 
there novel uses for high-protein yogurt in school meals?

Potential Alternatives

    FNS is interested in public input on potential changes to the 
current yogurt crediting policies, including what changes would be 
beneficial to Program operators and participants, and any challenges 
associated with potential changes.
    1. Should FNS create a separate crediting standard for high-protein 
yogurt that is different than the crediting standard for regular 
yogurt? Why or why not?
    2. If high-protein yogurt contributes differently to the CNP meal 
patterns than regular yogurt, how should high-protein yogurt be 
credited? Be as specific as possible, such as the volume or weight 
needed.
    3. If high-protein yogurt were to contribute differently to the CNP 
meal patterns than regular yogurt, should FNS adopt FDA's definition of 
``high'' for nutrient content claims used on food labels to define 
high-protein yogurt?
    a. What are the benefits or limitations of this approach?
    b. What opportunities or challenges could arise from having 
different limits for high-protein yogurt offered to children ages one 
through three, versus children and adults ages four and older?
    4. If high-protein yogurt contributes differently to the CNP meal 
patterns than regular yogurt, should USDA place any limits on the types 
of yogurt that can qualify as high-protein yogurt?
    a. Should changes be limited to any specific type of high-protein 
yogurt?
    b. Should yogurt that is thickened by adding thickening agents 
(e.g., polysaccharides or optional dairy ingredients) credit 
differently in CNPs? If yes, what implications might that approach have 
on the requirement for Program operators to plan CNP menus using food-
based menu planning?
    c. Should changes include plant-based yogurt alternatives (e.g., 
soy-based yogurt alternatives)?
    5. What other approaches should USDA consider for how to define and 
credit high-protein yogurt?

Additional Input

    FNS welcomes additional input on its current yogurt crediting 
policies, potential alternatives for high-protein yogurt, and other 
feedback from partners.
    Disclaimers: This is a Request for Information. This is not a 
Request for Proposals or a Request for Applications and is not to be 
construed as a commitment by the U.S. Government to issue any 
solicitation or Notice of Funding Opportunity, or ultimately award a 
contract or assistance agreement based on this Request for Information, 
or to pay for any information voluntarily submitted as a result of this 
request. The USDA posts its competitive business opportunities on 
www.grants.gov. It is the potential offeror's/applicant's 
responsibility to monitor these sites for announcements of new 
opportunities. Please note that responding to this Request for 
Information will not give any advantage to any organization or 
individual in any subsequent competition. Responses may be used by USDA 
without restriction or limitation, therefore proprietary information 
should not be sent. Furthermore, this Request for Information does not 
mean and should not be construed to suggest that FNS will change meal 
pattern requirements

[[Page 104971]]

or food crediting. The current CNP meal pattern requirements and food 
crediting were established in alignment with the existing statutory and 
regulatory framework. FNS seeks public input to properly assess the 
feasibility of potentially pursuing an update to guidance, technical 
assistance resources, and food crediting in the future. If data 
compelling FNS is available, the Agency would take such information 
into account as it considers the range of factors relevant to meal 
pattern requirements and food crediting.
    Collection of Information Requirements: This document does not 
impose information collection requirements, that is, reporting, 
recordkeeping or third-party disclosure requirements. However, this 
document does contain a general solicitation of comments in the form of 
a request for information. In accordance with implementing regulations 
of the Paperwork Reduction Act of 1995, specifically 5 CFR 
1320.3(h)(4), this general solicitation is exempt from the Paperwork 
Reduction Act. Facts or opinions submitted in response to general 
solicitations of comments from the public, published in the Federal 
Register or other publications, regardless of the form or format 
thereof, provided that no person is required to supply specific 
information pertaining to the commenter other than that necessary for 
self-identification, as a condition of the Agency's full consideration, 
are not generally considered information.

Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition 
Service.
[FR Doc. 2024-30710 Filed 12-23-24; 8:45 am]
BILLING CODE 3410-30-P
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