This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

35152

Vol. 61, No. 130

Friday, July 5, 1996

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, Child and

Adult Care Food Program and Summer

Food Service Program for Children:

Meat Alternates Used in the Child

Nutrition Programs

AGENCY: Food and Consumer Service,

USDA.

ACTION: Proposed rule.

SUMMARY: The Food and Consumer

Service of the Department of Agriculture

is proposing to amend regulations

concerning the meal pattern

requirements for the National School

Lunch Program (NSLP), School

Breakfast Program (SBP), Summer Food

Service Program (SFSP) and Child and

Adult Care Food Program (CACFP) to

allow yogurt to be credited as a meat

alternate for all meals. Currently, yogurt

may only be credited as a meat alternate

for the supplement (snack) meal

patterns of the SFSP and CACFP. Under

this proposal, four ounces of yogurt

would satisfy one ounce of the meat/

meat alternate requirement for

breakfasts and lunches served under any

of the Child Nutrition Programs. This

proposal responds to numerous

recommendations for additional meat

alternates and provides local food

service operations with greater

flexibility in planning and preparing

meals using low-fat meat alternates.

DATES: To be assured of consideration,

comments must be postmarked on or

before August 19, 1996.

ADDRESSES: Comments may be mailed to

Robert M. Eadie, Chief, Policy and

Program Development Branch, Child

Nutrition Division, Food and Consumer

Service, USDA, 3101 Park Center Drive,

Alexandria, Virginia 22302.

FOR FURTHER INFORMATION CONTACT:

Robert M. Eadie or Charles Heise at the

above address or by telephone at 703–

305–2620.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed 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 proposed 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, SFSP

and CACFP rather than imposing more

restrictive requirements upon them. The

overall types and frequency of service of

foods used in the meals served in these

four programs would not be

significantly affected by this rule.

Currently, yogurt may be served as an

additional, uncredited food which is

used to complement meal pattern

requirements to meet regional and

ethnic food preferences and as a meat

alternate only in the supplement meal

patterns of the CACFP and the SFSP.

Catalog of Federal Assistance

The NSLP, SBP, SFSP and the 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 Federal Register (FR)

29112, June 24, 1983.)

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This proposed 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 proposed 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 proposed 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 proposed rule contains no new

information collection requirements

which are subject to review by the

Office of Management and Budget

(OMB) under the Paperwork Reduction

Act of 1980 (44 U.S.C. Chapter 35). 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

Sections 9(a), 13(f) and 17(g) of the

National School Lunch Act (42 U.S.C.

1758(a); 1761(f); and 1766(g) and

Section 4(e)(1)(A) of the Child Nutrition

Act of 1966 (42 U.S.C. 1773(e)(1)(A))

require the Secretary of Agriculture to

set minimum nutritional requirements
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules 35153

for meals and supplements served in the

Child Nutrition Programs. The

Department meets these requirements

by requiring the use of menu planning

alternatives for lunches and breakfasts

designed to enable these meals, over

time, to provide approximately onethird and one-fourth of the

Recommended Dietary Allowances

(RDA) for key nutrients, respectively.

Although SFSP and CACFP meal

patterns are not designed to satisfy a

particular percentage of daily required

nutrients, the program requirements are

designed to provide nutritious and wellbalanced meals and supplements.

On June 13, 1995, the Department

published a final rule (60 FR 31188) to

update the nutrition standards for the

school meals programs and to provide

local schools with a variety of menu

planning systems to choose from in

meeting these standards. Under the

School Meals Initiative for Healthy

Children, beginning in School Year

1996/1997, school lunches must provide

over a week’s time one-third of the RDA

for key nutrients as well as one-third of

the Recommended Energy Intake

(calories) needed by children (7 CFR

210.10(b)(1) and (2)). The meals must

also comply with the recommendations

of the 1990 Dietary Guidelines for

Americans, including limits on calories

from fat (no more than 30 percent of

total calories) and saturated fat (less

than 10 percent of total calories) (42

U.S.C. 1758(f); 7 CFR 210.10(b)(3)).

Breakfasts must provide one-fourth of

the RDA and calories and meet the

recommendations of the Dietary

Guidelines (7 CFR 220.8(a)).

The updated regulations also provide

school meal planners with various

menu planning options: Nutrient

Standard Menu Planning (NuMenus),

Assisted Nutrient Standard Menu

Planning (Assisted NuMenus) and a

food-based system. Subsequent to

publication of the updated regulation,

section 2 of Public Law 104–149, the

Healthy Meals for Children Act,

provided for additional food-based

alternatives. The Department will

discuss the effects of this law when it

issues guidance for implementation.

Since NuMenus and Assisted

NuMenus require that schools analyze

the nutrient content of meals rather than

consider specific food components, the

crediting rules applicable to meal

patterns are no longer relevant for these

meal planning options. As long as the

nutrition standards are achieved, meal

planners have wide latitude in

determining the foods they will serve

and the size of the portions. Crediting

rules continue to be necessary under

any food-based systems, however, to

ensure that all components are available

to children in sufficient quantities to

meet all of the nutrition standards. The

nutrition requirements and NuMenus

and Assisted NuMenus options of the

School Meals Initiative for Healthy

Children are not currently applicable to

meals and supplements served in the

SFSP or CACFP.

Crediting of Yogurt

One long-standing crediting issue

involves the appropriate use of yogurt in

the Child Nutrition Programs’ meal

patterns. In 1981 (46 FR 44452,

September 4, 1981), in response to

requests from program participants

(principally child care providers) and

the food industry, the Department

proposed that yogurt be allowed, at

local option, to meet either the milk or

meat/meat alternate requirement in the

Child Nutrition Programs. This

proposed provision, which was

included as part of a larger proposed

rulemaking dealing with crediting

issues, generated responses from over

1,000 commenters, many of whom were

concerned about sugar content, cost,

acceptability and the lower iron levels

in yogurt relative to other meat

alternates. Ultimately, the Department

decided to withdraw the entire

proposed rulemaking (46 FR 48688,

October 2, 1981).

The issue of yogurt resurfaced in 1985

when a proposed rule (50 FR 49933,

December 6, 1985) to allow certain nuts

and seeds (and any nut or seed butter)

to be credited as meat alternates also

solicited comments on crediting yogurt

as a meat alternate. In part, the

Department requested comments on this

program modification for a second time

due to findings that the use of yogurt as

or in main dish items was becoming

increasingly popular in the diets of

various segments of the population.

That proposal requested comments on

recommendations to permit plain or

flavored yogurt, but not frozen yogurt.

The Department stated that frozen

yogurt was most commonly used as a

dessert and, therefore, should not be

allowed as a meat alternate (50 FR

49935).

The Department received 56

comments on this issue, 82 percent of

which were in favor of allowing yogurt

as a meat alternate in meals served in

Child Nutrition Programs. However,

while commenters were generally in

favor of yogurt, some expressed the

opinion that only ‘‘plain’’ yogurt should

be allowed. The consensus opinion was

that yogurt would be a nutritious

addition to the meat alternates

(comparable to cheese and cottage

cheese) and a good source of calcium for

lactose intolerant children while

providing variety and flexibility to

meals.

The commenters who were against

allowing yogurt as a meat alternate were

concerned about the nutritional

equivalency of yogurt to meat

(especially for iron) and the prevalence

of sweetened yogurt. Several of these

commenters suggested that yogurt might

be more appropriate as a supplement

item. Also, some commenters

mentioned that yogurt is generally

considered an alternative to milk as

opposed to meat. The Department

concluded that the responses to the

1985 proposal did not provide any new

nutritional data or sufficient support for

allowing yogurt as a meat alternate, and

the decision was made to continue

studying the issue.

The issue of yogurt’s potential role in

Child Nutrition Program meal patterns

was not revisited again until 1989 when

final regulations were published (54 FR

27151, June 28, 1989) to allow yogurt to

be credited as a meat alternate for

supplements in the CACFP and the

SFSP. The Department limited the

crediting of yogurt to snacks because of

findings that yogurt was less

appropriate as a meat alternate in other

meals due to the sugar content of the

majority of the yogurt products, the

likelihood of decreased fluid milk

consumption when yogurt was served in

meals which required milk as a

beverage, and yogurt’s inherently low

iron content (54 FR 27152).

Since the 1989 rulemaking, the

Department has continued to receive

requests from Program participants and

the food industry to allow yogurt as a

creditable food for other meals. Most

recently, the Department received a

number of comments on the proposed

rules to implement the School Meals

Initiative for Healthy Children urging

that yogurt be authorized as a meat

alternate in the food-based menu

planning systems. In response to these

comments, the Department stated in the

preamble to the June 13, 1995, rule (60

FR 31206) that it would consider a

future rulemaking on the role of yogurt

in the Child Nutrition Programs.

Nutrition Issues

It is important to emphasize that

yogurt made with lowfat milk can offer

a low fat, low cholesterol source of

protein and carbohydrates, while

providing high levels of calcium,

riboflavin and phosphorous.

In addition, the increasing popularity

of yogurt (the per capita consumption in

the United States has increased over

100% during the past decade) makes it

an attractive addition to the meal
35154 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules

patterns for administrators and

participants in the Child Nutrition

Programs. The addition of yogurt as a

meat/meat alternate may increase

participation in programs and would

certainly provide variety in the meal

patterns while providing another nonmeat option. Yogurt is also an excellent

source of calcium for lactose intolerant

individuals. Yogurt with active cultures

is one of the few calcium-rich foods that

is easily digested by most children.

Finally, yogurt is an easy food to serve

in that no preparation is needed; it

comes pre-packaged. There are,

however, several issues that need to be

recognized.

Lower levels of some key nutrients—

Yogurt is inherently low in two

essential nutrients, iron and niacin,

generally provided by the meat/meat

alternate component. Yogurt, like other

dairy products, is nutritionally inferior

to meat or bread in these nutrients.

Nevertheless, the Department recognizes

that cheese and most of the fish used as

a meat/meat alternate in the NSLP are

also not major sources of iron. The

crediting of an additional dairy product

as a meat/meat alternate in the meal

pattern may further reduce the iron

level in the meals unless care is taken

in menu planning or a nutrient analysis

performed.

While recognizing these deficiencies,

the Department is proposing that 4

ounces of flavored or unflavored yogurt

be credited as 1 ounce of meat alternate

in the NSLP, SBP, SFSP and CACFP.

For example, under the enhanced foodbased menu planning alternative

(§ 210.10(k)), schools could serve 8

ounces of yogurt to fulfill the total 2

ounce meat/meat alternate requirement

for children in grades 7–12 for lunch, or

they might wish to use a 4 ounce

portion of yogurt (one-half the meat/

meat alternate requirement) served with

a sandwich, hearty soup or salad which

would have to contain a 1 ounce

equivalent portion of a meat/meat

alternate. For a school breakfast, 4

ounces of yogurt might be served to

fulfill the 1 ounce meat/meat alternate

for grades K–12. Used in these ways,

yogurt could provide food service

managers with additional variety of

foods in their menus that would reflect

changing food consumption habits and

recognize the diversity of regional,

cultural and ethnic food preferences.

Consumption of fluid milk—The

Department has some concerns about

the effects of yogurt service on fluid

milk consumption. Fluid milk

consumption could decrease if both

milk and yogurt are served in the same

meal. While another dairy food, cheese,

has been allowed to be credited as a

meat alternate for years, it is more likely

to be consumed with fluid milk due to

organoleptic differences. In a case study:

Yogurt Introduction in Michigan in

Public Schools, published in August

1991 by the Michigan Milk Producers

Association, 120 students were observed

in order to assess the willingness of the

students to select and consume yogurt

and the effects that choice would have

on the selection of other NSLP items.

Fifty-three percent chose milk, 49

percent chose yogurt and only 2 percent

chose both.

Cost—Cost is also a consideration for

programs that might choose to serve

yogurt as a meat/meat alternate. In the

Michigan study cited above, one of the

objectives was to assess the willingness

of food service directors to place yogurt

on the menu as an alternate to milk.

School district participation was much

lower than anticipated by the research

team. In the initial survey, 29 schools

indicated a willingness to be included

in the study. After contact with each

school, only seven actually participated.

The cost of serving yogurt was the

reason schools gave for their inability

and refusal to participate.

Conclusion

The Department wishes to stress that

yogurt is being proposed as a meat/meat

alternate in response to numerous

requests from food service professionals

and participants for increased flexibility

in menu planning and to meet regional

and ethnic food preferences. There are

numerous products and formulations

available in the yogurt market, and some

may be more appropriately utilized as a

meat alternate than others. The

Department is aware that many of the

yogurt products that could satisfy the

regulatory requirements as the meat/

meat alternate portion of the meal are

actually more like dessert items. In

proposing this rule, the Department

fully expects that schools and

institutions will exercise good judgment

in the type of yogurt products selected.

Finally, this proposed rule applies

only to commercially prepared products

which meet the Standard of Identity for

yogurt as established by the Food and

Drug Administration in the Code of

Federal Regulations for yogurt, lowfat

yogurt and nonfat yogurt, 21 CFR

131.200, 21 CFR 131.203 and 21 CFR

131.206, respectively. As in the 1989

final rule permitting yogurt as a meat

alternate for snacks in the SFSP and

CACFP, the Department’s proposal does

not apply to 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.

List of Subjects

7 CFR Part 210

Food assistance programs, National

School Lunch Program, Commodity

School Program, Grants programs-social

programs, Nutrition, Children,

Reporting and recordkeeping

requirements, Surplus agricultural

commodities.

7 CFR Part 220

Food assistance programs, School

Breakfast Program, Grants programssocial programs, Nutrition, Children,

Reporting and recordkeeping

requirements.

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

proposes to amend 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 new 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 Standard of

Identity for yogurt, lowfat yogurt, and

nonfat yogurt, 21 CFR 131.200, 21 CFR

131.203, 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’’
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules 35155

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

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

* * * * * * *

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 ....... 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 1, ages 1–2,

(preschool)

Group II, ages 3–4

(Preschool)

Group III, ages 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 cup.

* * * * *

(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 Standard of

Identity for yogurt, lowfat yogurt, and

nonfat yogurt, 21 CFR 131.200, 21 CFR

131.203, 21 CFR 131.206, respectively.

3. In § 220.8, the meat or meat

alternate 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. * * *
35156 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules

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 1⁄4 cup .............. 4 oz. or 1⁄2 cup.

* * * * *

4. In § 220.8a, the meat or meat

alternate 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) * * *

(2) * * *

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: Sec. 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

the word ‘‘or’’ and 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 the word ‘‘or’’

and 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) * * *

Breakfast

(1) * * *

Food components Minimum amount

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

sections in the first column of the tables

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

amended by adding the word ‘‘or’’ and

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) * * *

Lunch

(2) * * *
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules 35157

Food Components Age 1 and 2 Age 3 through 5 Age 6 through 12 1 Adult Participants 9

* * * * * * *

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.

* * * * * * *

* * * * *

(3) * * *

Supper

Food components Children ages 1 and 2 Children ages 3 through

5

Children ages 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.

* * * * * * *

* * * * *

Dated: June 27, 1996.

William E. Ludwig,

Administrator, Food and Consumer Service.

[FR Doc. 96–16992 Filed 7–3–96; 8:45 am]

BILLING CODE 3410–30–P

Food Safety and Inspection Service

9 CFR Parts 319 and 381

[Docket No. 95–056N]

Public Health Hazard Analysis Board

Report; Availability

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Notice of availability of report;

request for comments.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is announcing

the availability of a report prepared by

the Public Health Hazard Analysis

Board on ‘‘Bone Particles and Foreign

Material in Meat and Poultry Products.’’

The report contains an executive

summary by the Public Health Hazard

Analysis Board, which includes the

Board’s conclusions on the

establishment of criteria for determining

the safety of meat and poultry products

containing bone particles and foreign

materials such as glass, metal and

plastic; a list of Board members and

other participants; and a bibliography.

FSIS is seeking comments on the need

for and nature of any additional

regulatory actions beyond those

provided for in its meat and poultry

regulations that should be taken

regarding bone particle size and foreign

material, such as glass, metal, and

plastic, in boneless meat and poultry

products deboned by hand or other

means.

DATES: Comments will be accepted

through August 19, 1996.

ADDRESSES: Interested persons may

submit an original and two copies of

written comments and requests for

single copies of the report to: FSIS

Docket Clerk, DOCKET #95–056N,

Room 4352 South Agriculture Building,

Washington, DC 20250–3700. Oral

comments, as provided by the Poultry

Products Inspection Act, can be given to

Dr. Jill Hollingsworth, (202) 205–0293.

The report and comments will be

available for public inspection in the

FSIS Docket Room from 8:30 a.m. to

1:00 p.m. and from 2:00 p.m. to 4:30

p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Dr.

Jill Hollingsworth, Deputy Director,

Epidemiology and Emergency Response

Program, Food Safety and Inspection

Service, U.S. Department of Agriculture,

Room 2168 South Building,

Washington, DC 20250–3700, (202) 205–

0293.

SUPPLEMENTARY INFORMATION: FSIS is

announcing the availability of a report

prepared by the Public Health Hazard

Analysis Board (the Board) on ‘‘Bone

Particles and Foreign Material in Meat

and Poultry Products.’’ The Board

consists of public health, medical, and

food safety experts in FSIS and other

government agencies. Private medical

specialists were contacted by the Board

for additional information on the

subject. The Board was charged with

determining health and safety concerns

related to bone particles or foreign

material in boneless meat and poultry

products. Consequently, the Board

provided criteria for use by the Agency

to determine the existence of a potential

safety hazard, due to bone particles or

foreign material, such as glass, metal,

and plastic, in meat or poultry products,

that warrant recall of the affected

product in order to protect the public

health.

The Board determined that bone

particles less than 0.4 inches (10 mm)

would not be considered a safety

hazard. Bone particles from 0.4 to 0.8

inches (10 to 20 mm) may present a

discomfort, but would be a low risk for

a safety hazard, and bone particles

greater than 0.8 inches (20 mm) have the

potential to be a safety hazard and may

cause injury to consumers. According to

the Board, any occurrence of foreign

material, such as glass, metal, and

plastic, in meat or poultry products, has

the potential to be a safety hazard and

should be evaluated on a case-by-case

basis to determine whether it presents

such a hazard.

The Board agreed that boneless

product produced in accordance with

the provisions in 9 CFR 319.5 for

mechanically-separated meat (MSM)

and provisions in 9 CFR 381.173 (59 FR

62629, December 6, 1994, and 59 FR

55962, November 3, 1995) for

mechanically-separated poultry (MSP)

to be effective on November 4, 1996,

does not present a safety hazard.

Regulatory requirements limit bone

particle size in MSM and MSP which is

produced by crushing or grinding of

bone before removal of edible tissue.

Provisions in 9 CFR 319.5 for MSM

require that at least 98 percent of bone

particles present in MSM be no greater

than 0.2 inches (5 mm) in their greatest

dimension, with no bone particles larger

than 0.034 inches (0.85 mm) in their

greatest dimension. Similar provisions

in 9 CFR 381.173 for MSP require that

at least 98 percent of bone particles

present in MSP be no greater than 0.06

inches (1.5 mm) in their greatest

dimension, with no particles greater

than 0.08 inches (2 mm) in their greatest

dimension. FSIS has concluded that