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

2037 

Vol. 80, No. 10 

Thursday, January 15, 2015 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 210, 215, 220, and 226 

[FNS–2011–0029] 

RIN 0584–AE18 

Child and Adult Care Food Program: 

Meal Pattern Revisions Related to the 

Healthy, Hunger-Free Kids Act of 2010 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes changes to 

the meal pattern requirements for the 

Child and Adult Care Food Program 

(CACFP) to better align the meal 

patterns with the 2010 Dietary 

Guidelines for Americans, as required 

by the Healthy, Hunger-Free Kids Act of 

2010 (HHFKA). The proposed changes 

are based on the Dietary Guidelines for 

Americans, science-based 

recommendations made by the Institute 

of Medicine of the National Academies 

in the report Child and Adult Care Food 

Program: Aligning Dietary Guidance for 

All, and input from stakeholders, as 

well as cost and practical considerations 

for CACFP institutions and facilities. In 

addition, this proposal would make 

additional revisions to the health and 

wellness components of CACFP to 

reflect several requirements set forth in 

the HHFKA, including making changes 

to the purpose of the Program and 

making water available to Program 

participants. Several of these changes 

would be extended to the National 

School Lunch Program, School 

Breakfast Program, and Special Milk 

Program to increase consistency across 

all Child Nutrition Programs. 

Implementation of this proposed rule 

would serve as a step towards more 

nutritious meals that improve the 

dietary habits of participants in day 

care. 

DATES: To be assured of consideration, 

comments must be received on or before 

April 15, 2015. 

ADDRESSES: The Food and Nutrition 

Service (FNS), USDA, invites interested 

persons to submit comments on this 

proposed rule. In order to ensure proper 

receipt, comments may be submitted 

through one of the following methods 

only: 

• Preferred method: Federal 

eRulemaking Portal at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Written comments should be 

addressed to Tina Namian, Branch 

Chief, Policy and Program Development 

Division, Child Nutrition Programs, 

Food and Nutrition Service, Department 

of Agriculture, Post Office Box 66874, 

St. Louis, Missouri 63166. 

Comments sent by other methods not 

listed above will not be able to be 

accepted and subsequently not posted. 

Comments submitted in response to this 

rule 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 on the 

Internet via http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Tina 

Namian, Branch Chief, Policy and 

Program Development Division, Child 

Nutrition Programs, Food and Nutrition 

Service, U.S. Department of Agriculture, 

3101 Park Center Drive, Room 1206, 

Alexandria, Virginia 22302–1594, 703– 

305–2590. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Executive Summary 

III. Background and Discussion of the 

Proposed Rule 

IV. Procedural Matters 

I. Public Comment Procedures 

Your written comments on the 

proposed rule should be specific, 

should be confined to issues pertinent 

to the proposed rule, and should 

explain the reason(s) and/or provide 

supporting information for any change 

you recommend or proposal(s) you 

oppose. Where possible, you should 

reference the specific section or 

paragraph of the proposal you are 

addressing. Comments received after the 

close of the comment period (see DATES) 

will not be considered or included in 

the Administrative Record for the final 

rule. 

Executive Order 12866 requires each 

agency to write regulations that are 

simple and easy to understand. We 

invite your comments on how to make 

the proposed regulations easier to 

understand, as well as comments and 

information that could help us make the 

programs as effective as practical, 

including answers to questions such as 

the following: 

(1) Are the requirements in the 

proposed regulations clearly stated? 

(2) Does the proposed rule contain 

technical language or jargon that 

interferes with its clarity? 

(3) Does the format of the proposed 

rule (e.g., grouping and order of 

sections, use of headings, and 

paragraphing) make it clearer or less 

clear? 

(4) Would the proposed rule be easier 

to understand if it was divided into 

more (but shorter) sections? 

(5) Is the description of the proposed 

rule in the preamble section entitled 

‘‘Background and Discussion of the 

Proposed Rule’’ helpful in 

understanding the proposed rule? How 

could this description be more helpful 

in making the proposed rule easier to 

understand? 

(6) What could be done to minimize 

the burdens and/or improve outcomes 

of the program, consistent with program 

objectives? Costs and benefits include 

both quantifiable measures (to the 

fullest extent that these can be usefully 

estimated) and qualitative measures of 

costs and benefits that are difficult to 

quantify, but nevertheless essential to 

consider. Please provide information 

that would help quantitatively asses the 

benefits and costs of this proposed rule. 

(7) What could be done to foster 

incentives for innovation, flexibility, 

consistency, predictability, the costs of 

enforcement and compliance (to the 

government, regulated entities, and the 

public)? 

II. Executive Summary 

Purpose of the Regulatory Action 

This rulemaking sets forth proposed 

revisions to implement amendments 

made to Section 17 of the Richard B. 

Russell National School Lunch Act 

(NSLA), 42 U.S.C. 1766, by section 221 

of Public Law 111–296, the Healthy, 

Hunger-Free Kids Act of 2010 (HHFKA), 

for day care institutions participating in 

the Child and Adult Care Food Program 

(CACFP), schools serving infants and 


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2038 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

young children, ages four and under, 

who participate in the School Breakfast 

Program (SBP) or National School 

Lunch Program (NSLP), and schools and 

institutions serving children of all ages 

who participate in the Special Milk 

Program (SMP). 

The amendments made by the 

HHFKA require the Department of 

Agriculture (USDA) through its CACFP 

to promote health and wellness in child 

care settings through guidance and 

technical assistance that focuses on 

nutrition, physical activity, and limiting 

electronic media use. More specifically, 

the amendments to the NSLA made by 

the HHFKA require USDA to review the 

CACFP meal patterns and make them 

consistent with (a) the most recent 

version of the Dietary Guidelines for 

Americans, (b) the most recent relevant 

nutrition science, and (c) appropriate 

authoritative scientific agency and 

organization recommendations. These 

updates should occur no less frequently 

than every 10 years. As the Dietary 

Guidelines and science evolve, USDA 

will continue to provide guidance, as 

needed, to support CACFP’s nutrition 

and wellness goals. In formulating this 

proposed rule, the USDA relied 

primarily on recommendations included 

in the Dietary Guidelines for Americans, 

2010, and Child and Adult Care Food 

Program: Aligning Dietary Guidance for 

All, a 2010 report prepared for USDA by 

the Institute of Medicine (IOM) of the 

National Academies, http://

www.iom.edu/Reports/2010/Child-andAdult-Care-Food-Program-AligningDietary-Guidance-for-All.aspx. In 

reviewing the recommendations, USDA 

recognized that changes to the meal 

pattern must be sensitive to cost and 

practical application. With this in mind, 

a number of revisions to the meal 

pattern have been proposed, as well as 

optional best practices that facilities 

may choose to implement. 

Summary of the Major Provisions of the 

Regulatory Action in Question 

Program Purpose 

The HHFKA redefined the purpose of 

the CACFP as a program that provides 

aid to child and adult care institutions 

and family or group day care homes for 

the provision of nutritious foods that 

contribute to the wellness, healthy 

growth, and development of young 

children, and the health and wellness of 

older adults and chronically impaired 

disabled persons. 

Infant Meal Patterns 

Under the proposed rule, the age 

groups for infants would be 0 through 

5 months, and 6 through 11 months. 

These proposed changes would allow us 

to better meet the recommendations of 

the American Academy of Pediatrics 

(AAP) and make the age groups 

consistent with the Special 

Supplemental Nutrition Program for 

Women, Infants, and Children (WIC). 

Additionally, to better meet the 

nutritional needs of infants, this 

proposed rule would revise the infant 

meal patterns to allow service of only 

breastmilk and/or infant formula to 

infants through 5 months of age, allow 

the introduction of additional meal 

components at 6 months of age (as 

developmentally appropriate), prohibit 

the service of fruit juice to infants 

through 11 months, and require the 

service of a fruit or vegetable in the 

infant snack pattern. In addition, as an 

incentive for encouraging breastfeeding 

and to better align program rules, this 

proposed rule would allow 

reimbursement for meals served to 

infants under six months of age when 

the mother directly breastfeeds her child 

at the child care facility. Meals 

containing breastmilk or iron-fortified 

infant formula supplied by the parent or 

the facility are already eligible for 

CACFP reimbursement. 

Child and Adult Meal Patterns 

To address the nutritional needs of 

older children, this proposed rule 

would include the addition of a new age 

group for children: 13 through 18 years 

old. Additionally, to more closely align 

the meals served in CACFP with the 

2010 Dietary Guidelines, the IOM’s 2010 

report, Child and Adult Care Food 

Program: Aligning Dietary Guidance for 

All, and other USDA Child Nutrition 

Programs, this proposed rule would 

require that: 

• The currently combined fruits and 

vegetables component be divided into a 

separate fruit component and vegetable 

component; 

• At least one serving per day, across 

all eating occasions, of grains be whole 

grain-rich as described in the new 

definition of ‘‘whole grains’’ under 7 

CFR 226.2; 

• Breakfast cereals conform to 

requirements as outlined by WIC, under 

Table 4 of 7 CFR 246.10(e)(1212); 

• Grain-based desserts be excluded 

from being used to meet the grain 

component requirement; 

• A meat or meat alternate be allowed 

as a substitute for up to one-half of the 

required grains at breakfast meals; 

• Tofu be allowed as a meat alternate; 

• Unflavored whole milk be served to 

children one year of age (12 through 23 

months) and 1 percent or fat-free milk 

be served to children two and older and 

adults; 

• Flavored milk served is fat-free 

only; 

• Non-dairy milk substitutions, 

flavored or unflavored, that are 

nutritionally equivalent to milk, as 

outlined by the NSLP under 7 CFR 

210.10(d), may be served in lieu of fluid 

milk, if requested in writing by a child’s 

parent or guardian or an adult 

participant; 

• For adult participants only, yogurt 

be permitted as a fluid milk alternate up 

to one time per day across all eating 

occasions; and 

• Frying be disallowed as an onsite 

preparation method for day care 

institutions. 

Additionally, as required by the 

HHFKA, this proposed rule would 

require that day care institutions make 

drinking water available throughout the 

day to all children upon their request. 

Best Practices 

This proposed rule also includes best 

practices that day care facilities may 

choose to follow to further improve the 

nutritional quality of meals served. 

These proposed changes are intended to 

provide options for participants that 

will further improve the overall health 

and wellness of children and adults in 

day care settings. 

Flavored Milk and Yogurt—Proposed 

Alternatives 

This proposed rule includes 

alternatives for the service of flavored 

milk and yogurt and seeks public 

comment on these options. It proposes 

to prohibit the service of flavored milk 

or, alternatively, limit the sugar content 

in flavored milk served to children 2 

through 4 years of age. The rule also 

seeks public comment on whether 

provisions limiting sugar in flavored 

milk served to children 5 years of age 

and older should be a required part of 

the CACFP meal patterns or a best 

practice that facilities may choose to 

adopt. The proposed rule’s sugar limit 

for flavored milk is no more than 22 

grams per 8 fluid ounces. Similarly, the 

rule invites public comment on whether 

sugar limits for yogurt should be a 

required part of the CACFP meal 

patterns or a best practice that facilities 

may choose to adopt. The proposed 

sugar limit for yogurt is no more than 

30 grams of sugar per 6 ounces. The 

proposed rule presents these as 

Alternatives A1 and A2 for flavored 

milk for children 2 through 4 years of 

age; B1 and B2 for flavored milk for 

children 5 years of age and older; and 

C1 and C2 for yogurt for all age groups. 


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Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2039 

Other Child Nutrition Programs 

To maintain consistency across 

programs, this proposed rule would 

revise the SBP and NSLP meal patterns 

for infants and children under 5 years 

of age to reflect the respective meal 

patterns proposed for CACFP. 

Additionally, this proposed rule would 

revise the fluid milk requirements and 

approved non-dairy milk substitutions 

for the SMP. 

Cost and Benefits 

The proposed rule adopts a costneutral subset of recommendations from 

the 2010 IOM report because no 

additional meal reimbursement has 

been provided to institute the proposed 

changes. Due to the structure of the 

CACFP, day care institutions are 

sensitive to even modest increases in 

Program operation cost; therefore it is 

important to propose cost-neutral 

changes that do not discourage 

participation in the CACFP. Without 

increasing net costs to CACFP center 

and day care home providers, the 

proposed changes will increase the 

availability of key food groups in 

program meals, reduce the amount of 

solid fats and sugars offered, and give 

providers additional flexibility to offer 

meals that meet participants’ nutritional 

requirements as well as their dietary 

preferences. 

III. Background and Discussion of the 

Proposed Rule 

Overview of the Preamble 

This rule proposes to revise the 

nutritional aspects of the CACFP based 

on statutory requirements and 

recommendations from a variety 

sources. The statutory requirements are 

in Section 17 of the NSLA, as amended 

by section 221 of the HHFKA. The 

recommendations are derived from the 

Dietary Guidelines for Americans, 2010, 

a 2010 report from the Institute of 

Medicine of the National Academies, 

and stakeholders. In addition, USDA 

exercised discretion in implementing 

these recommendations based on cost 

and operational issues. Throughout this 

preamble, the term ‘‘providers’’ refer to 

centers and day care homes that operate 

the Program. 

To assist the reader, the preamble that 

follows is organized to discuss the 

following topics: 

• Background, which includes an 

overview of CACFP and the current 

meal patterns; 

• HHFKA, which includes a 

discussion of the statutory provisions 

pertinent to the nutritional aspects of 

the CACFP; 

• Updating the CACFP Meal Patterns, 

which includes a discussion of the 

recommendations of the Dietary 

Guidelines, the Institute of Medicine, 

and stakeholders; 

• Proposed Meal Pattern Changes for 

CACFP; 

• Best Practices; 

• Flavored Milk and Yogurt; 

• Proposed Miscellaneous Changes; 

• Proposed Corresponding Changes to 

Other Child Nutrition Programs; and 

• Technical Assistance. 

Background 

The predecessor to the CACFP, the 

Child Care Food Program, was 

authorized as a pilot program in 1968 

and became permanent in 1975. It 

provides cash assistance to States to 

assist child and adult care institutions 

and family or group day care homes in 

providing nutritious foods that 

contribute to the wellness, healthy 

growth, and development of children, 

and the health and wellness of older 

adults and functionally impaired adults. 

CACFP generally provides for more 

vulnerable populations: Children from 

birth through 18 years of age, adults 60 

years of age or older, and functionally 

impaired adults of any age. In fiscal year 

2013, the Program served over 3.67 

million children and adults. 

As with the NSLP and SBP, in 

CACFP, the USDA establishes meal 

patterns with minimum food 

component and quantity requirements 

to facilitate the planning of wellbalanced meals. Participating centers 

and day care homes providing meals 

meeting the minimum requirements are 

eligible for reimbursement for the meals 

served to eligible children and adults. 

Under current regulations found at 7 

CFR 226.20, the daily meal patterns for 

children and adults require that 

minimum amounts of four food 

components be served. For example, 

lunches must contain: 

• Fluid milk; 

• Two or more vegetables or fruits, or 

a combination of both. Full-strength 

vegetable or fruit juice may be counted 

to meet not more than one-half of the 

fruit/vegetable component for lunch and 

supper meals; 

• Whole grain or enriched bread; 

cornbread, biscuits, rolls, muffins, etc., 

made with whole grain or enriched meal 

or flour; whole grain or enriched pasta 

or noodle products such as macaroni, 

cereal grains such as rice, bulgur, or 

corn grits; or any combination of these 

foods; and 

• Lean meat, poultry or fish; alternate 

protein products (as defined in 

Appendix A of 7 CFR part 226); cheese; 

an egg; cooked dry beans or peas; 

peanut butter; or any combination of 

these foods. These foods must be served 

in a main dish, or in a main dish and 

one other menu item, to meet this 

requirement. Cooked dry beans or dry 

peas may be used as the meat alternate 

requirement or as part of the vegetable/ 

fruit component but not as both in the 

same meal. Generally, nuts and seeds 

and their butters may be used to meet 

no more than one-half of the meat/meat 

alternative component. 

Existing Program regulations permit 

substitutions of foods if individual 

participants are unable, because of 

medical or other special dietary needs, 

to consume such foods. Substitutions 

because of medical needs are 

permissible only when supported by a 

statement from a recognized medical 

authority which includes recommended 

alternate foods. 

The CACFP meal patterns have not 

been significantly revised since the 

inception of the Program, and in that 

time nutritional concerns have shifted 

from those of malnutrition, to the 

overconsumption of calories, saturated 

fats, added fats, added sugar, and 

sodium and the under consumption of 

fiber and other essential vitamins. Such 

overconsumption has contributed to an 

epidemic of overweight, obesity, and 

other major health concerns affecting 

children, adolescents, and adults. The 

meal pattern revisions seek to address 

this new set of concerns regarding the 

health of America’s children. 

Healthy, Hunger-Free Kids Act of 2010 

In recognition of advances in 

nutritional science, section 221 of the 

HHFKA amended section 17 of the 

NSLA (42 U.S.C. 1766) to make a 

number of changes designed to improve 

the nutrition and wellness of children 

and adults participating in the CACFP. 

Purpose of the Program—Section 

17(a) of the NSLA (42 U.S.C. 1766(a)), 

as amended by the HHFKA, 

significantly expands the focus of 

CACFP from initiating and maintaining 

nonprofit food service programs to 

ensuring those programs provide 

nutritious foods that contribute to the 

wellness, healthy growth and 

development of young children and the 

health and wellness of adults in care. 

Section 17(a) also directs the USDA to 

encourage health and wellness and to 

provide guidance and technical 

assistance in a number of related areas 

including nutrition, physical activity, 

and limiting electronic media use. 

Meal Pattern Updates—Section 

17(g)(2) of the NSLA (42 U.S.C. 

1766(g)(2)), requires USDA to review 

and, as appropriate, update the CACFP 

meal patterns to ensure that meals are 


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2040 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

consistent with the goals of the most 

recent Dietary Guidelines for Americans 

and promote the health of the 

populations served as indicated by the 

most recent and relevant nutrition 

science and appropriate authoritative 

scientific agency and organization 

recommendations. These updates must 

be made within 18 months of the review 

of the meal patterns and no less 

frequently than every 10 years 

thereafter. Section 17(g)(2) further 

directs the USDA to conduct a review of 

the cost of any changes to child care 

centers and family day care homes. 

Exceptions for Special Dietary Needs/ 

Emergency Shelters—While 

amendments made by the HHFKA will 

update meal pattern requirements in 

CACFP, the provisions also 

accommodate the need for exceptions to 

the requirements. As a result, Section 

17(g)(2)(C) of the NSLA (42 U.S.C. 

1766(g)(2)(C)), now makes it clear that 

the minimum nutritional requirements 

established through this rulemaking 

process are not to prohibit participating 

institutions from substituting foods to 

accommodate individual participants 

who do not have disabilities, but who 

are medically certified as having special 

medical or dietary needs. Further, this 

paragraph allows the USDA to waive all 

or part of the meal pattern requirements 

for emergency shelters. 

Prohibition on Using Food as Reward 

or Punishment—Section 17(g)(3) of the 

NSLA (42 U.S.C. 1766(g)(3)), now 

explicitly reaffirms the USDA’s longstanding policy that reimbursable meals 

must contribute to the development and 

socialization of children by providing 

food that is not used as a punishment 

nor a reward. 

Fluid Milk Requirement—Section 

17(g)(4) of the NSLA, as amended by the 

HHFKA (42 U.S.C. 1766(g)(4)), requires 

that fluid milk served in the CACFP be 

consistent with the most recent version 

of the Dietary Guidelines for Americans 

and in cases of medical or special 

dietary needs allows the substitution of 

non-dairy beverages that are 

nutritionally equivalent to fluid milk 

(i.e., meet the nutritional standards of 

fortification for calcium, protein, 

vitamin A, vitamin D and other 

nutrients to levels found in cow’s milk). 

The 2010 Dietary Guidelines 

recommend that persons two years of 

age and older consume low-fat (1 

percent) or fat-free (skim) fluid milk. 

Therefore, fluid milk served in CACFP 

to participants two years of age and 

older must be: fat-free or low-fat milk, 

fat-free or low-fat lactose reduced milk, 

fat-free or low-fat lactose free milk, fatfree or low-fat buttermilk, or fat-free or 

low-fat acidified milk. 

Nondiscrimination Policy and Use of 

Donated Foods—Sections 17(g)(5) and 

(g)(6) of the NSLA, as amended by the 

HHFKA (42 U.S.C. 1766(g)(5) and 

(g)(6)), restate two long-standing 

statutory provisions. Section 17(g)(5) 

prohibits physical segregation or other 

discrimination against any person 

because of inability to pay and any overt 

identification by special tokens, tickets, 

etc. Section 17(g)(6) requires 

participating institutions to use foods 

donated by the Secretary, to the 

maximum extent practicable. 

Promoting Health and Wellness— 

Section 221 of the HHFKA also 

amended section 17 by adding a new 

paragraph (u) (42 U.S.C. 1766(u)), which 

requires USDA to encourage centers and 

family day care homes to provide daily 

opportunities for structured and 

unstructured age-appropriate physical 

activity and to limit the use of electronic 

media. In addition, paragraph (u) 

requires participating institutions to 

make available to children, as 

nutritionally appropriate, potable water 

as an acceptable fluid for consumption 

throughout the day, including at meal 

times. While drinking water must be 

made available to children during meal 

times, the changes made to the NSLA by 

HHKFA do not include water as part of 

the reimbursable meal and thus, water 

may not be served in lieu of fluid milk. 

Technical Assistance—Finally, 

section 17(u) directs the USDA to assist 

participating centers and homes in 

complying with the nutritional and 

wellness recommendations through 

training, education materials, guidance, 

and technical assistance. 

Implementation of these statutory 

requirements is discussed in more detail 

in this preamble and in the proposed 

regulatory language. To assist the 

reader, the following table directs the 

reader to further discussions of these 

provisions in this proposed rule. 

Statutory requirements Location in proposed regulation 

Purpose of the Program ........................................................................... Miscellaneous Changes and 226.20(a). 

Meal Pattern Updates ............................................................................... Proposed Meal Pattern Changes for CACFP. 

Exceptions for Special Dietary Needs/Emergency Shelters .................... Miscellaneous Changes. 

Prohibition on Using Food as a Reward or Punishment ......................... Miscellaneous Changes and 226.20(q). 

Fluid Milk Requirement (including Substitutions) ..................................... Proposed Meal Pattern Changes for CACFP and 226.20(a) and (i). 

Nondiscrimination Policy and Use of Donated Foods ............................. Miscellaneous Changes and 226.20(n). 

Promoting Health and Wellness (Water) .................................................. Miscellaneous Changes and 226.25(i). 

Technical Assistance ................................................................................ Technical Assistance. 

Updating the CACFP Meal Patterns 

Prior to the enactment of the HHFKA, 

the USDA commissioned the IOM to 

review the current CACFP meal patterns 

and provide recommendations that 

would improve the nutritional quality of 

meals and align them with the 2005 

Dietary Guidelines, the most recent 

version available at the time. In the past, 

the IOM has also provided 

recommendations for WIC, and the 

NSLP and SBP. 

In November 2010, the IOM issued 

the report Child and Adult Care Food 

Program: Aligning Dietary Guidance for 

All (http://www.iom.edu/Reports/2010/

Child-and-Adult-Care-Food-ProgramAligning-Dietary-Guidance-forAll.aspx). The IOM’s recommendations 

encompass two distinct elements: Meal 

patterns and food specifications. 

The meal pattern recommendations 

are intended to align the meal patterns 

with the Dietary Guidelines and 

nutrient targets and allow the 

identification of meals that qualify for 

reimbursement. The IOM developed 

three meal pattern recommendations: 

1. Revise the meal pattern 

requirements for healthy infants up to 

one year of age to include only 

breastmilk or formula for infants under 

6 months of age; the gradual 

introduction of baby meats, cereals, 

fruits and vegetables beginning at age 6 

months; and the omission of fruit juice 

at any time before the age of 1 year. 

2. Revise the meal pattern 

requirements for children 1 year and 

older and adults to increase the variety 

of fruits and vegetables, increase the 

proportion of whole grains, and 

decrease solid fats, added sugars, trans 

fats, and sodium. 

3. Allow CACFP facilities the option 

of serving one enhanced snack in the 

afternoon in place of a smaller snack in 

both the morning and the afternoon. 


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Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2041 

In addition to the meal pattern 

recommendations, the IOM also 

recommended including overall food 

specifications in the meal patterns. Food 

specifications were intended to restrict 

certain types of foods and food 

preparation methods, increase the 

minimum amounts of food required to 

be served at each meal, and increase the 

amounts of whole grains, lean meats, 

and dark green, red, and orange 

vegetables served. 

The IOM concluded that 

implementation of all of its 

recommendations would increase the 

cost of meals by an average of 27 

percent to 44 percent for all age groups, 

except infants. The IOM acknowledged 

that the increased cost and the need for 

extensive technical assistance due to the 

complexity of the new meal patterns 

would present challenges to the 

successful implementation of the 

recommended meal pattern changes. 

To address these issues, the IOM 

recommended that the USDA consult 

with stakeholders regarding their ability 

to implement and monitor the 

recommendations. The IOM also 

recommended that USDA conduct 

additional research on the overall 

CACFP population to determine the 

foods currently served in CACFP in 

order to establish a baseline on which 

cost implications could be more 

accurately calculated. 

Upon release of the IOM’s report and 

recommendations for changes to the 

CACFP meal pattern, the USDA 

consulted at national meetings and 

other venues with a number of CACFP 

stakeholders, including State agencies, 

professional organizations, and 

advocacy groups, to discuss the 

recommendations. The stakeholders 

expressed concerns centered primarily 

on the complexity of the 

recommendations and possible changes, 

the anticipated large increase in meal 

cost, and the expected result of 

increased difficulty in monitoring such 

changes. Concerns and alternative 

recommendations expressed by 

stakeholders were considered when 

drafting these proposed changes. 

After careful thought and 

consideration of the recommendations 

in the 2010 Dietary Guidelines, the 

IOM’s recommendations, and 

stakeholder concerns, the USDA 

concluded that any proposed changes to 

the meal pattern must be implemented 

by providers without undue difficulty 

and be sensitive to cost. 

Thus, this proposed rule would adopt 

the following recommendations: 

• Revise the infant age groups from 

three age groups to two age groups; 

• Introduce solid foods to infants 

beginning at 6 months of age; 

• Eliminate the service of fruit juice 

to infants of any age; 

• Allow reimbursement for infant 

meals when the mother directly 

breastfeeds her child at the child care 

facility; 

• Require a fruit or vegetable serving 

in the snack meal pattern for the 6 to 11 

month infant age group; 

• Allow additional grain options for 

infant snacks; 

• Add a fourth age group (13 through 

18 years) to the meal pattern for 

children; 

• Separate the fruit and vegetable 

component for children and adults; 

• Require that at least one grain 

serving per day, across all eating 

occasions, be whole grain or whole 

grain-rich; 

• Require breakfast cereals to conform 

to WIC requirements; 

• Prevent grain-based desserts from 

counting towards the grains component; 

• Allow an optional meat or meat 

alternate to be served at breakfast in lieu 

of some grains; 

• Allow tofu to be counted as a meat 

alternate; 

• Allow yogurt to be used to meet the 

fluid milk requirement for adults only, 

no more than once per day; and 

• Disallow frying as an onsite 

preparation method for day care 

institutions and facilities. 

These proposed changes are discussed 

in more detail under the section 

entitled, Proposed Meal Pattern 

Requirements for CACFP. 

Additionally, this rule seeks public 

comment on a number of provisions 

related to the service of flavored milk 

and yogurt in the CACFP meal pattern. 

It proposes to prohibit the service of 

flavored milk or, alternatively, limit the 

sugar content in flavored milk served to 

children 2 through 4 years of age. The 

rule also seeks public comment on 

whether provisions limiting sugar in 

flavored milk served to children 5 years 

of age and older should be a required 

part of the CACFP meal patterns or a 

best practice that facilities may choose 

to adopt. The proposed rule’s sugar 

limit for flavored milk is no more than 

22 grams per 8 fluid ounces. Similarly, 

the rule invites public comment on 

whether sugar limits for yogurt should 

be a required part of the CACFP meal 

patterns or a best practice that facilities 

may choose to adopt. The proposed 

sugar limit for yogurt is no more than 

30 grams of sugar per 6 ounces. The 

proposed rule presents these as 

Alternatives A1 and A2 for flavored 

milk for children 2 through 4 years of 

age; B1 and B2 for flavored milk for 

children 5 years of age and older; and 

C1 and C2 for yogurt for all age groups. 

These alternatives are discussed in more 

detail under the section entitled 

Flavored Milk and Yogurt. 

As discussed below, the proposed 

rule does not adopt the IOM 

recommendations relating to weekly 

meal patterns, specifications for certain 

foods, and enhanced snacks for reasons 

related to the increased cost and 

efficient operation of the Program. 

Weekly Meal Patterns and Certain Food 

Specifications 

The IOM recommended many food 

specifications which would limit or 

prohibit certain types of foods and/or 

how foods may be prepared. Food 

specifications included such things as 

limiting fruit juice and highly processed 

meats throughout the week and 

prohibiting cheese products/foods and 

deep fried or pre-fried vegetables. While 

some food specifications were adopted, 

others were deemed overly complicated 

to implement at this time and/or 

challenging to monitor. For example, 

the IOM recommended limiting 

processed meats. The proposed rule 

does not adopt this recommendation at 

this time due to the difficulty involved 

in clearly defining processed meats. 

However, comments on how processed 

meats could be defined and the 

feasibility, practicality, and challenges 

associated with implementing such a 

limitation are encouraged. 

In addition, the IOM recommended 

weekly meal patterns, similar in nature 

to the NSLP. Many stakeholders 

expressed concern over the weekly meal 

pattern because it would increase 

recordkeeping and monitoring 

complexity. Additionally, many 

children are not in full-time child care 

and therefore, weekly meal patterns and 

certain food specifications would not 

achieve the anticipated benefit. Further, 

implementing these recommendations 

would likely have a negative impact on 

the administration of the Program. 

CACFP is offered in diverse types of 

facilities, mostly small or very small, 

with varying degrees of staffing, training 

in meal planning and preparation, and 

resources. Adding weekly menus was 

determined to add unnecessary 

complexity. Therefore, it is important 

that the CACFP meal patterns are easy 

to understand, implement, and monitor 

in a wide variety of settings. 

Enhanced Snack 

The recommendation to give facilities 

the option of serving one enhanced 

snack in the afternoon in place of a 

smaller snack in both the morning and 

afternoon was not adopted for inclusion 


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2042 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

in this proposed rule. The IOM 

suggested that the enhanced snack 

option would be particularly 

appropriate for older children in 

afterschool programs and for adults 

because the size of a normal snack may 

not be sufficient to meet their 

nutritional needs. However, we 

determined that an enhanced snack 

with larger components would prove 

more costly than snacks currently 

approved. Additionally, because the 

USDA does not have the authority to 

change the reimbursement structure for 

meals served, the enhanced snack 

option would place an increased 

economic burden on institutions and 

facilities. Lastly, section 122 of the 

HHFKA (which was enacted after the 

IOM report was completed) extended 

the at-risk afterschool meals option to 

all States, thus providing an immediate 

solution to the need for larger meals in 

the late afternoon or evening for older 

children. 

The USDA realizes many facilities 

may want to go further when it comes 

to providing healthy meals to CACFP 

participants. Therefore, we have 

outlined some best practices based on 

both the IOM recommendations and the 

Dietary Guidelines that facilities may 

strive for when choosing to serve 

healthier options. A number of these 

best practices represent 

recommendations or food specifications 

not adopted as requirements for reasons 

of cost or complexity. USDA applauds 

those facilities that find ways to 

incorporate these best practices into 

their meal service and requests 

comments on how to encourage more 

facilities to implement the best 

practices. 

Lastly, comments on other ways to 

improve the meals served to children in 

care without negatively impacting 

Program participation are encouraged. 

Specifically, comments on the 

reasonableness of implementing 

separate meal pattern requirements for 

day care centers and day care homes are 

requested. Centers would include those 

providing outside-school-hours-care, atrisk afterschool care, and adult day care, 

as well as homeless shelters. Comments 

on whether such an approach would be 

beneficial and the feasibility, 

practicality, and challenges of 

implementing separate requirements are 

encouraged. 

Proposed Meal Pattern Changes for 

CACFP 

Proposed Changes to the Infant Meal 

Pattern 

The field of pediatric nutrition has 

increased greatly in recent years and 

with it, a better understanding of what 

is necessary to meet the needs of 

growing and developing infants. 

Because the Dietary Guidelines do not 

address children under the age of two, 

the AAP serves as the leading authority 

for children’s developmental needs from 

birth through 23 months. The IOM 

recommendations pertaining to infants 

took the AAP recommendations into 

consideration. IOM recommendations 

for the infant meal pattern would 

require fewer components than the 

current meal pattern for lunch and 

supper meals, but more components for 

snacks. 

Infant Age Groups and the 

Introduction of Solid Foods—Current 

regulations establish three infant age 

groupings: 0 through 3 months, 4 

through 7 months, and 8 through 11 

months (7 CFR 226.20(b)). These age 

groups permit the introduction of solid 

foods in breakfasts, lunches or suppers 

as early as 4 months, if the infant is 

developmentally ready. 

The IOM noted that the first Feeding 

Infants and Toddlers Study (FITS), 

2002, a comprehensive assessment of 

food and nutrient intakes of infants and 

toddlers, found that almost 30 percent 

of infants were fed complementary 

foods before the age of 4 months, when 

infants should be consuming only 

breastmilk or formula. The AAP advises 

delaying the introduction of 

complementary foods until after 6 

months of age. To accommodate these 

concerns, the IOM recommended that 

infant age groupings be revised from the 

current three age groups to two age 

groups. Under the recommended 0 

through 5 month age group, infants 

under 6 months of age would receive 

only breastmilk or infant formula. The 

6 month through 11 month age group 

would allow for the gradual 

introduction of solid foods beginning at 

6 months of age. This change would also 

ensure the CACFP age groupings are 

consistent with infant age groups 

established by WIC. 

Accordingly, the proposed rule would 

consolidate the CACFP age groups for 

infants into the two recommended age 

groups and would allow for the gradual 

introduction of solid foods beginning at 

6 months of age. These changes are 

found at § 226.20(b). 

Breastfeeding—Current meal patterns 

only allow day care home providers 

who breastfeed their own infants to 

claim reimbursement for the meal if the 

provider is eligible to claim her own 

children’s meals at the time of the 

feeding. The IOM recommended that 

additional incentives be developed to 

support breastfeeding. USDA agrees 

with the IOM’s recommendation. 

Therefore, this proposed rule would 

allow any child care facility to receive 

reimbursement for meals when the 

mother directly breastfeeds her child at 

the child care facility. Facilities are 

encouraged to make available a quiet, 

private area for mothers who come to 

the facility to breastfeed. 

Fruits and Vegetables—The IOM 

made two recommendations relating to 

the service of fruits and vegetables to 

infants. First, the IOM recommended 

eliminating the service of fruit juice to 

infants of any age. Current regulations 

permit fruit juice to be served in the 

snack meal pattern for infants 8 through 

11 months. The second 

recommendation would require a fruit 

or vegetable serving in the snack meal 

pattern for the 6 through 11 month age 

group. These recommendations ensure 

infants are provided more access to 

fruits and vegetables without the 

consumption of sugars and low-nutrient 

dense calories that fruit juice provides. 

These recommendations would bring 

the CACFP meal patterns into alignment 

with the food packages for infants in the 

WIC Program. 

Accordingly, the proposed rule would 

require a fruit or vegetable serving in the 

snack meal pattern for the 6 through 11 

month age group and eliminate fruit 

juice from the meal patterns for infants. 

These proposed changes are found at 

§ 226.20(b). 

Grains—Feedback from CACFP 

stakeholders and providers included a 

request to allow additional grain 

options, as developmentally 

appropriate, for infant snacks, primarily 

ready-to-eat cereals which are often 

served but not counted towards the 

grain requirement. The IOM 

recommended limiting grain options for 

infants to bread and/or crackers only. To 

better meet the needs of child care 

providers and because allowing 

additional grain alternatives would not 

result in an increased cost to the 

provider, this proposed rule also would 

allow ready-to-eat cereal as a grain for 

older infants. Accordingly, this 

provision is included in § 226.20(b) of 

the proposed rule. 

Meat and Meat Alternates—Current 

meal patterns allow infants to be served 

cheese, cottage cheese, or a cheese food 

or spread beginning at the age of 8 

months. Stakeholders requested that the 

proposed meal pattern also allow yogurt 

to be served to infants. However, the 

IOM recommends that no cow’s milk or 

cow’s milk byproducts be introduced to 

infants until 12 months of age. We 

concur with the IOM’s recommendation. 

This proposed rule would eliminate the 

option of serving cheese, cottage cheese, 

or cheese food or spread to infants and 


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Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2043 

will continue to prohibit serving yogurt 

to infants. 

Summary—The proposed changes to 

the infant meal patterns are reflected in 

the following chart and are found at 

§ 226.20(b)(5) of this proposed rule. 

Infants Birth through 5 months 6 through 11 months 

Breakfast, Lunch, or Supper 4–6 fluid ounces breastmilk 1 or formula 2 ...................... 6–8 fluid ounces breastmilk 1 or formula 2. 

1–4 tablespoons infant cereal 2, meat, fish, poultry, egg 

yolk, cooked dry beans, or cooked dry peas or a 

combination of any of the above. 

1–2 tablespoons vegetable 3 or fruit 3. 

Snack ................................... 2–4 fluid ounces breastmilk 1 or formula 2 ...................... 2–4 fluid ounces breastmilk 1 or formula 2. 1⁄4–1⁄2 ounce bread, 4 cracker 4, or ready-to-eat 

breakfast cereal 4. 

1–2 tablespoons vegetable 3 or fruit 3. 

1Breastmilk or formula, or portions of both, may be served; however, it is recommended that breastmilk be served in place of formula from 

birth through 11 months. For some infants who regularly consume less than the minimum amount of breastmilk or formula per feeding, a serving 

of less than the minimum amount of breastmilk or formula may be offered with additional breastmilk or formula offered at a later time if the infant 

will consume more. 2 Infant formula and dry infant cereal must be iron-fortified. 

3Fruit or vegetable, or portions of both, may be served. Fruit and vegetable juices may not be served. 

4A serving of grains must be whole grain, whole grain-rich, enriched meal, or enriched flour. 

Proposed Changes to the Meal Pattern 

for Children and Adults 

Age Groups—Current regulations 

establish CACFP meal patterns for three 

age groups for children: 1 through 2 

years, 3 through 5 years, and 6 through 

12 years (§ 226.20(c)). Children older 

than 12 years of age are not addressed 

directly, though providers are directed 

to follow the 6 through 12 year old meal 

pattern when serving older children. 

To remain consistent with age groups 

used by NSLP and SBP, the IOM 

recommended that the children’s age 

groups be revised from the current three 

age groups to four age groups: 1 year, 2 

through 4 years, 5 through 13 years, and 

14 through 18 years. 

This proposed rule would retain the 

existing three age groups (1 through 2 

years, 3 through 5 years, and 6 through 

12 years). As noted above, revising the 

age groups would result in some 

children being moved into the next age 

group, thus requiring larger minimum 

amounts of foods to be served. Because 

the meal reimbursement would remain 

unchanged, requiring larger amounts of 

food to be served would likely increase 

the cost of operating the Program for 

child care institutions and facilities. 

However, the proposal would adopt the 

IOM’s recommendation to add a fourth 

age group (13 through 18 years). While 

creating a 13 through 18 year age group 

better reflects the characteristics of the 

population served by CACFP, USDA is 

not proposing to modify the meal 

pattern requirements for these children 

at this time because doing so would 

increase the cost of operating the 

Program. Instead, the meal pattern for 

children ages 13 through18 is the same 

as the meal pattern for children ages 6 

through 12. Recognizing that the 

nutritional needs of this age group may 

vary, recommended accommodations 

will be addressed through guidance. 

Accordingly, the age group modification 

can be found at § 226.20(c) of this 

proposed rule. 

Fruits and Vegetables—Current 

breakfast and lunch meal patterns, 

found at § 226.20(a) and (c), include one 

combined fruit and vegetable 

component, which allows providers to 

meet the minimum quantities by 

providing fruits, vegetables, or a 

combination of both. In addition, fullstrength fruit juice may be counted to 

meet the breakfast requirement and, in 

the case of lunch and supper, it may be 

counted towards no more than one-half 

of the minimum quantity required for 

the fruit and vegetable component. 

Finally, two different fruits and/or 

vegetables are required to be served at 

lunch and supper meals. 

The Dietary Guidelines recommends 

that all Americans consume more fruits 

and vegetables, because they are a major 

contributor of vitamins and minerals, 

including vitamin A, vitamin C, vitamin 

K, potassium, folate, and magnesium, all 

of which are under consumed in the 

American population as a whole. 

Additionally, the increased 

consumption of fruits and vegetables is 

associated with a reduced risk of 

cardiovascular disease and can be 

protective against certain types of 

cancer. 

For these reasons, the IOM 

determined that it is important to not 

only increase the amount of fruits and 

vegetables offered in meals, but also to 

increase the variety of those served and 

limit the servings of those high in solid 

fats and added sugars. To accomplish 

these goals, the IOM also recommended 

that fruit and vegetables be split into 

two separate components and 

recommended food specifications which 

included limiting how fruits and 

vegetables can be prepared and served. 

This proposed rule would adopt the 

IOM’s recommendation to separate the 

current fruit and vegetable component 

into two separate components for lunch 

and supper meals and snacks. To 

maintain consistency with the SBP, the 

recommendation to separate the fruit 

and vegetable component for breakfast 

meals was not adopted. Additionally, to 

maintain cost neutrality, the total 

amount of fruits and vegetables required 

at each meal would remain the same as 

under the current regulations. In order 

to remain consistent with SBP, for 

breakfast meals, the provider may 

choose to serve the fruit component, the 

vegetable component, or a combination 

of both. 

Additionally, this proposed rule 

would no longer require providers to 

serve two different types of vegetables 

or fruits at lunch and supper meals, as 

currently required, because the fruit and 

vegetable component would be split 

into two components. 

The proposed rule also would allow 

fruit juice or vegetable juice to comprise 

the entire fruit or vegetable component 

for all meals. With the fruit and 

vegetable component separated into two 

components with no increase in the 

total serving size, requiring that juice 

comprise no more than half of the 

component would result in very small 

servings. However, this proposed rule 

would not allow fruit juice and 

vegetable juice to be served at the same 

meal, and would allow only one 

beverage (fluid milk, fruit juice, or 

vegetable juice) to be served at snacks. 

Accordingly, the proposed rule 

changes to the vegetable component are 

found at § 226.20(a)(2), the fruit 

component at § 226.20(a)(3), and the 

meal pattern at § 226.20(c). 

Grains—Current meal patterns for all 

age groups, found at § 226.20(a) and 

§ 226.20(c), require that all grains served 


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2044 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

are whole grain or enriched and/or 

fortified. 

The Dietary Guidelines state that half 

of the recommended total grain intake 

should be whole grains. Whole grains 

are an excellent source of nutrients, 

including magnesium, selenium, iron, B 

vitamins, and dietary fiber. 

Additionally, whole grain consumption 

may reduce the risk of cardiovascular 

disease. Recognizing concerns such as 

whole grain product availability and the 

difficulty in identifying whole grain 

products based on product labeling, 

however, the IOM recommended that at 

least one-half of all grains served over 

the course of the day be whole grain or 

whole grain-rich. Other grains must be 

enriched. The IOM’s recommendation 

that a portion of the grains served be 

whole grain or whole grain-rich is 

consistent with requirements in the 

NSLP, SBP, and WIC. 

Based on these recommendations, this 

proposed rule would require that at 

least one grain serving per day, across 

all eating occasions, be whole grain or 

whole grain-rich. The proposed rule 

would adopt the definition of whole 

grain used in the NSLP at § 210.2, which 

defines whole grain to mean foods that 

consist of the intact, ground, cracked, or 

flaked grain seed and whose principal 

anatomical components—the starchy 

endosperm, germ and bran—are present 

in the same relative proportions as they 

exist in the intact grain seed. Whole 

grain-rich foods are those that are not 

100 percent whole grain but generally 

contain at least 50 percent whole grains, 

while the remaining grains are enriched. 

Because the whole grain content of food 

products is not always easily 

identifiable on a product label, the Food 

and Nutrition Service (FNS) will 

provide additional guidance on 

evaluation of grain products as needed. 

Additionally, in order to reduce the 

amount of sugars consumed, the IOM 

recommended prohibiting breakfast 

cereals containing more than 21.2 grams 

of sugar per 100 grams (less than or 

equal to 6 grams of sugar per dry ounce 

of cereal) from being served. WIC has 

already adopted similar requirements 

for breakfast cereals, and WIC State 

agencies maintain State-specific lists of 

breakfast cereals that meet these 

requirements. For these reasons, 

implementing this recommendation 

should be relatively straightforward. 

Therefore, this proposed rule would 

require that breakfast cereals meet the 

WIC requirements. This means that 

breakfast cereals must: Contain a 

minimum of 28 mg of iron per 100 

grams of dry cereal; contain no more 

than 21.2 grams of sucrose and other 

sugars per 100 grams of dry cereal (no 

more than 6 grams per dry ounce); 

contain a minimum of 51 percent whole 

grains (using dietary fiber as an 

indicator); meet the regulatory 

definitions for ‘‘low saturated fat’’ at 21 

CFR 101.62 (no more than one gram of 

saturated fat per Reference Amount 

Customarily Consumed (RACC)) and 

‘‘low cholesterol’’ (less than 20 mg 

cholesterol per RACC); bear quantitative 

trans fat labeling; and contain no more 

than 6.5 grams of total fat per RACC and 

no more than 0.5 grams of trans fat per 

RACC. Breakfast cereals will be defined 

by the Food and Drug Administration 

(FDA) definition in 21 CFR 170.3(n)(4) 

for ready-to-eat, instant, and regular hot 

cereals. 

Finally, the IOM recognized that 

many grain-based dessert products are a 

source of solid fats and added sugar. 

Therefore, the IOM recommended that 

such products be limited to no more 

than one serving per week across all 

eating occasions. Because weekly meal 

patterns will not be implemented, the 

proposed rule would not allow grainbased desserts to be counted towards 

the grains component. More information 

regarding what would be considered a 

grain-based dessert will be provided by 

FNS as needed during implementation. 

Accordingly, the proposed grain 

changes are found at § 226.20(a)(4) and 

§ 226.20(c) of this proposed rule. 

Meat and Meat Alternates—Current 

regulations, found at § 226.20(a) and 

§ 226.20(c), require a meat or meat 

alternate component in lunches and 

suppers only; there is no meat or meat 

alternate component requirement in the 

breakfast or snack meal pattern. The 

meat or meat alternate requirement can 

be met by serving age-appropriate 

quantities of lean meat, poultry, or fish; 

alternate protein products; cheese; eggs; 

cooked dry beans or peas; peanut butter, 

soy nut butter, or other nut or seed 

butters; peanuts, soy nuts or seeds; or 

yogurt. Tofu is not currently credited as 

a meat alternate in CACFP, although it 

is for school programs. 

In recognition that meat and meat 

alternates are good sources of a host of 

vitamins and minerals, including B 

vitamins, vitamin E, zinc, magnesium, 

and iron, the IOM recommended that a 

meat or meat alternate be required at 

breakfast a minimum of three times per 

week, in lieu of additional grains. The 

IOM also recommended allowing tofu to 

be served as a meat alternate. To address 

concerns about meats as a source of 

solid fats, the IOM outlined a number of 

food specifications including: Serving 

only lean meats, legumes, and nuts; 

limiting processed, fried, pre-fried, and 

higher fat meats; serving only natural 

cheeses; and restricting the preparation 

methods (for example, requiring that the 

skin be removed from poultry before 

serving). 

The proposed rule generally adopts 

the recommendation to include a meat 

or meat alternate in the breakfast meal 

pattern; however, to maintain cost 

neutrality, this proposed rule would not 

require that the breakfast meal include 

a meat or meat alternate at least three 

times a week, as recommended. Rather, 

the proposal would allow a meat or 

meat alternate to be served in lieu of up 

to one-half of the grains requirement at 

breakfast. This option would provide 

more flexibility to providers, especially 

those providing care for older adults, 

who may have to limit their 

consumption of carbohydrates due to 

medical reasons such as diabetes. 

This rule also would allow tofu to be 

used to meet all or part of the meat or 

meat alternate components in 

accordance with FNS guidance. Tofu 

would be defined to mean a 

commercially prepared soy-bean 

derived food made by a process in 

which soybeans are soaked, ground, 

mixed with water, heated, filtered, 

coagulated, and formed into cakes. Basic 

ingredients are whole soybeans, one or 

more food-grade coagulates (typically a 

salt or an acid), and water. Accordingly, 

the proposed meat and meat alternate 

changes are found at § 226.2 and 

§ 226.20(a)(5) and (c) of this proposed 

rule. 

Fluid Milk—Section 221 of the 

HHFKA amended section 17(g)(4) of the 

NSLA (42 U.S.C. 1766(g)(4)) to require 

that all milk served in the CACFP be 

consistent with the most recent version 

of the Dietary Guidelines. The Dietary 

Guidelines recommends low-fat (1 

percent) and fat-free milk (skim) for 

children over the age of two and adults. 

Section 17(g)(4) of the NSLA also allows 

non-dairy milk substitutions in the case 

of children and adults who cannot 

consume fluid milk due to medical or 

other special dietary needs other than a 

disability. Such substitutions must be 

nutritionally equivalent to fluid milk 

and meet specified nutritional 

standards. Providers may, but are not 

required to, provide beverages identified 

by the State as acceptable substitutions 

based on a written statement of a 

medical authority or the parent or legal 

guardian or adult participant that 

identifies the medical or special dietary 

need that requires the substitution. 

Finally, section 17(g)(4) of the NSLA 

makes it clear that day care facilities are 

responsible for any expenses incurred in 

exercising this option that exceed 

Program reimbursement. It should be 

noted that this authority applies to 

children and adults with medical or 


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Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2045 

special dietary needs other than a 

disability. In accordance with Federal 

law, day care facilities serving 

handicapped children or adults with 

one or more disabilities that restrict 

their diets under 7 CFR 15b.3, continue 

to be required to make appropriate 

substitutions based on a written 

statement by a licensed physician. 

Because the Dietary Guidelines do not 

address children under the age of two, 

the IOM was tasked with providing 

appropriate recommendations based on 

other current nutritional science for this 

population. The IOM recommended that 

children 1 year of age (12 through 23 

months) are served whole milk only, 

which is consistent with the most recent 

recommendation of the AAP. 

Additionally, to allow flexibility in 

menu planning, the IOM recommended 

that yogurt be allowed as an alternate to 

either fluid milk or meat/meat alternates 

no more than once per day for children 

older than 2 years of age and adults. 

To implement these provisions of the 

HHFKA, the USDA issued a 

memorandum entitled ‘‘Child Nutrition 

Reauthorization 2010: Nutrition 

Requirements for Fluid Milk and Fluid 

Milk Substitutions in the Child and 

Adult Care Food Program, Questions 

and Answers’’ (CACFP 21–2011 

REVISED, September 15, 2011, http://

www.fns.usda.gov/sites/default/files/

CACFP-21-2011.pdf). The memorandum 

advised State agencies that milk served 

in the CACFP must be consistent with 

the most recent version of the Dietary 

Guidelines for Americans as noted 

above. Therefore, fluid milk served in 

CACFP to participants 2 years of age 

and older must be: Fat-free or low-fat 

milk, fat-free or low-fat lactose reduced 

milk, fat-free or low-fat lactose free 

milk, fat-free or low-fat buttermilk, or 

fat-free or low-fat acidified milk. 

This proposed rule reflects the 

provisions set forth in the 

memorandum. In addition, this 

proposed rule would require children 1 

year of age (12 through 23 months) to be 

served unflavored whole milk only. 

Furthermore, to ensure consistency with 

the NSLP and the SBP, this proposed 

rule would require flavored milk served 

be fat-free only. 

The memorandum discussed above 

further advised State agencies that in 

the case of children and adults who 

cannot consume fluid milk due to 

medical or other special dietary needs, 

other than a disability, non-dairy 

beverages may be served in lieu of fluid 

milk. Non-dairy beverages must be 

nutritionally equivalent to milk and 

meet the nutritional standards for 

fortification of calcium, protein, vitamin 

A, vitamin D, and other nutrients to 

levels found in cow’s milk, as outlined 

in the NSLP regulations at 

§ 210.10(m)(3). CACFP State agencies 

have the discretion to identify 

appropriate substitutions that meet 

these requirements. Based on the 

memorandum, parents or guardians may 

now request in writing non-dairy milk 

substitutions, as described above, 

without providing a medical statement. 

The written request must identify the 

medical or other special dietary need 

that restricts the diet of the child. Such 

substitutions are at the option and the 

expense of the facility. One-year-old 

children who require a beverage other 

than whole milk must follow the 

individual and fluid milk substitution 

requirements as outlined in the 

memorandum described above and now 

found in § 226.20(i) introductory text 

and (i)(1) of this proposed rule. 

To summarize these changes, the 

proposed rule would: 

• Require only unflavored whole milk 

to be served to children 1 year of age; 

• Require low-fat or fat-free milk to be 

served to children 2 years and older and 

adults; 

• Require that flavored milk served be 

fat-free only; and 

• Allow non-dairy beverages that are 

nutritionally equivalent to milk to be 

served in lieu of fluid milk for 

participants with medical or other 

special dietary needs. 

Lastly, this proposed rule would 

adopt the IOM’s recommendation to 

allow yogurt to be used to meet the fluid 

milk requirement for adults only, no 

more than once per day. Additionally, 

yogurt may still be used as a meat 

alternate no more than once per day for 

all ages. At this time, the USDA will not 

extend the allowance of yogurt as a fluid 

milk substitute for children. Milk 

provides a wealth of nutrients growing 

children need such as vitamins A and 

D; comparable quantities of these 

nutrients are not found in commercially 

available yogurts at this time. 

Additionally, there is concern about 

the types of beverages that will be 

served at meals if yogurt is served as the 

milk component (i.e. sugary beverages, 

soft drinks, etc). Comments from the 

general public regarding this 

recommendation are encouraged. For 

additional discussion of sugar limits on 

flavored milk and yogurt, please see the 

section of this preamble entitled 

Flavored Milk and Yogurt. Accordingly, 

the proposed milk and milk substitution 

changes are found at §§ 226.20(a), 

226.20(c), and 226.20(i). 

Food Preparation—The IOM provided 

a number of recommendations that 

would restrict or eliminate certain foods 

in the meal patterns, or limit how foods 

could be prepared. Because current 

CACFP meal patterns do not include 

nutrient specifications, this was seen as 

a way to limit the amount of saturated 

fats and sodium contained in meals. 

USDA has decided not to adopt various 

restrictions on individual foods due to 

the complexity of implementation. 

However, this proposed rule would 

prohibit facilities from frying foods (i.e., 

cooking in added fat or oil) as a method 

of onsite preparation. Purchased foods 

that are pre-fried, flash-fried, or parfried by the manufacturer may still be 

served, but must be reheated using a 

method other than frying. This approach 

is being taken because prohibiting all 

fried, pre-fried, flash-fried, and par-fried 

foods from being served would lead to 

increased food and preparation costs. 

Additional guidance on what 

constitutes ‘‘frying’’ would be provided 

by FNS prior to implementation. 

Comments are requested regarding the 

feasibility, practicality, and any 

challenges associated with such a 

restriction. 

Summary—The proposed changes to 

the child and adult meal patterns are 

reflected in the following charts and are 

found at § 226.20(c) of this proposed 

rule. 

BREAKFAST MEAL PATTERN FOR CHILDREN AND ADULT PARTICIPANTS

Food components and food items 1 Ages 1–2 Ages 3–5 Ages 6–12 Ages 13–18 Adult 

Minimum quantities 

Fluid milk 2 4 fluid ounces ...... 6 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces. 

Vegetables, fruits, or portions of both 3 1⁄4 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1⁄2 cup. 

Grains 4 5: 

Whole grain or enriched bread .... 1⁄2 slice ................. 1⁄2 slice ................. 1 slice ................... 1 slice ................... 2 slices. 


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2046 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

BREAKFAST MEAL PATTERN FOR CHILDREN AND ADULT PARTICIPANTS—Continued 

Food components and food items 1 Ages 1–2 Ages 3–5 Ages 6–12 Ages 13–18 Adult 

Minimum quantities 

Whole grain or enriched bread 

product, such as biscuit, roll, 

muffin.

1⁄2 serving ............. 1⁄2 serving ............. 1 serving .............. 1 serving .............. 2 servings. 

Whole grain, enriched or fortified 

Cereal,6 cereal grain, and/or 

pasta.

1⁄4 cup .................. 1⁄4 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1 cup. 

1 Must serve all three components for a reimbursable meal. Offer versus serve is an option only for adult participants. 

2 Must be unflavored whole milk for children age one. Multiple options related to flavored milk are presented for public comment for children 

age 2 years and older. For adult participants, 6 ounces (weight) or 3⁄4 cup (volume) of yogurt may be used to meet the equivalent of 8 ounces of 

fluid milk no more than once per day. 3Pasteurized full-strength juice may be used to meet the requirement. Fruit and vegetable juices may not be served at the same meal. 4At least one serving per day, across all eating occasions, must be whole grain or whole grain-rich. Grain-based desserts do not count towards meeting the grains requirement. 5 Meat/meat alternates may be used to meet up to 50 percent of the grains requirement. One ounce of meat/meat alternates is equivalent to 

one cup/serving of grains. 6Breakfast cereals must conform to the requirements of the WIC program as outlined in 7 CFR 246.10(e)(12). 

LUNCH AND SUPPER MEAL PATTERN FOR CHILDREN AND ADULT PARTICIPANTS

Food components and food items 1 Ages 1–2 Ages 3–5 Ages 6–12 Ages 13–18 Adult 

Minimum quantities 

Fluid milk 2 ........................................... 4 fluid ounces ...... 6 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces 3. 

Meat/meat alternates.

Edible portion as served: 

Lean meat, poultry, or fish ........... 1 ounce ................ 11⁄2 ounces ........... 2 ounces .............. 2 ounces .............. 2 ounces. 

Tofu, soy products, or alternate 

protein products 4.

1 ounce ................ 11⁄2 ounces ........... 2 ounces .............. 2 ounces .............. 2 ounces. 

Cheese ......................................... 1 ounce ................ 11⁄2 ounces ........... 2 ounces .............. 2 ounces .............. 2 ounces. 

Large egg ..................................... 1⁄2 ......................... 3⁄4 ......................... 1 ........................... 1 ........................... 1. 

Cooked dry beans or peas .......... 1⁄4 cup .................. 3⁄8 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1⁄2 cup. 

Peanut butter or soy nut butter or 

other nut or seed butters.

2 Tbsp .................. 3 Tbsp .................. 4 Tbsp .................. 4 Tbsp .................. 4 Tbsp. 

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

cup.

6 ounces or 3⁄4

cup.

8 ounces or 1 cup 8 ounces or 1 cup 8 ounces or 1 cup. 

The following may be used to meet 

no more than 50 percent of the requirement: 

Peanuts, soy nuts, tree nuts, or 

seeds, as listed in program 

guidance, or an equivalent 

quantity of any combination of 

the above meat/meat alternates (1 ounce of nuts/seeds = 

1 ounce of cooked lean meat, 

poultry or fish).

1⁄2 ounce = 50% ... 3⁄4 ounce = 50% ... 1 ounce = 50% .... 1 ounce = 50% .... 1 ounce = 50%. 

Vegetables 5 ........................................ 1⁄8 cup .................. 1⁄4 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1⁄2 cup. 

Fruits 5 ................................................. 1⁄8 cup .................. 1⁄4 cup .................. 1⁄4 cup .................. 1⁄4 cup .................. 1⁄2 cup. 

Grains 6: 

Whole grain or enriched bread 1⁄2 slice ................. 1⁄2 slice ................. 1 slice ................... 1 slice ................... 2 slices. 

Whole grain or enriched bread 

product, such as biscuit, roll, 

muffin 

1⁄2 serving ............. 1⁄2 serving ............. 1 serving .............. 1 serving .............. 2 servings. 

Whole grain, enriched or fortified 

Cereal 7, cereal grain, and/or 

pasta 

1⁄4 cup .................. 1⁄4 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1 cup. 

1 Must serve all five components for a reimbursable meal. ‘‘Offer versus serve’’ is an option only for children in at-risk afterschool care centers 

and adult participants. 2 Must be unflavored whole milk for children age 1. Multiple options related to flavored milk are presented for public comment for children age 

2 years and older. For adult participants a serving of 6 ounces (weight) or 3⁄4 cup (volume) of yogurt may be used to meet the equivalent of 8 

ounces of fluid milk no more than once per day. 3A serving of fluid milk is optional for suppers served to adult participants. 

4Alternate Protein Products must meet the requirements in Appendix A to Part 226. 

5Pasteurized full-strength juice may be used to meet the requirement. Fruit and vegetable juices may not be served at the same meal. 6At least one serving per day, across all eating occasions, must be whole grain or whole grain-rich. Grain-based desserts do not count towards meeting the grains requirement. 7Breakfast cereals must conform to the requirements of the WIC program as outlined in 7 CFR 246.10(e)(12). 


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SNACK MEAL PATTERN FOR CHILDREN AND ADULT PARTICIPANTS

Food Components and food items 1 Ages 1–2 Ages 3–5 Ages 6–12 Ages 13–18 Adult 

Minimum quantities 

Fluid milk 2 3 ......................................... 4 fluid ounces ...... 4 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces. 

Meat/meat alternates Edible portion 

as served: 

Lean meat, poultry, or fish ........... 1⁄2 ounce .............. 1⁄2 ounce .............. 1 ounce ................ 1 ounce ................ 1 ounce. 

Tofu, soy products, or alternate 

protein products 4.

1⁄2 ounce .............. 1⁄2 ounce .............. 1 ounce ................ 1 ounce ................ 1 ounce. 

Cheese ......................................... 1⁄2 ounce .............. 1⁄2 ounce .............. 1 ounce ................ 1 ounce ................ 1 ounce. 

Large egg ..................................... 1⁄2 ......................... 1⁄2 ......................... 1⁄2 ......................... 1⁄2 ......................... 1⁄2. 

Cooked dry beans or peas .......... 1⁄8 cup .................. 1⁄8 cup .................. 1⁄4 cup .................. 1⁄4 cup .................. 1⁄4 cup. 

Peanut butter or soy nut butter or 

other nut or seed butters.

1 Tbsp .................. 1 Tbsp .................. 2 Tbsp .................. 2 Tbsp .................. 2 Tbsp. 

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

cup.

2 ounces or 1⁄4

cup.

4 ounces or 1⁄2

cup.

4 ounces or 1⁄2

cup.

4 ounces or 1⁄2

cup. 

Peanuts, soy nuts, tree nuts, or 

Seeds.

1⁄2 ounce .............. 1⁄2 ounce .............. 1 ounce ................ 1 ounce ................ 1 ounce. 

Vegetables 3 ........................................ 1⁄2 cup .................. 1⁄2 cup .................. 3⁄4 cup .................. 3⁄4 cup .................. 1⁄2 cup. 

Fruits 3 ................................................. 1⁄2 cup .................. 1⁄2 cup .................. 3⁄4 cup .................. 3⁄4 cup .................. 1⁄2 cup 

Grains 5: 

Whole grain or enriched bread .... 1⁄2 slice ................. 1⁄2 slice ................. 1 slice ................... 1 slice ................... 1 slice 

Whole grain or enriched bread 

product, such as biscuit, roll, 

muffin.

1⁄2 serving ............. 1⁄2 serving ............. 1 serving .............. 1 serving .............. 1 serving 

Whole grain, enriched or fortified 

Cereal,6 cereal grain, and/or 

pasta.

1⁄4 cup .................. 1⁄3 cup .................. 3⁄4 cup .................. 3⁄4 cup .................. 3⁄4 cup 

1Select two of the five components for a reimbursable snack. Only one of the two components may be a beverage. 

2 Must be unflavored whole milk for children age 1. Multiple options related to flavored milk are presented for public comment for children age 

2 years and older. For adult participants, 6 ounces (weight) or 3⁄4 cup (volume) of yogurt may be used to meet the equivalent of 8 ounces of fluid 

milk no more than once per day. 3Only one beverage (fluid milk, vegetable juice or fruit juice) may be served. Pasteurized full-strength juice must be used to meet the requirement. 4Alternate Protein Products must meet the requirements in Appendix A to Part 226. 

5At least one serving per day, across all eating occasions, must be whole grain or whole grain-rich. Grain-based desserts do not count towards meeting the grains requirement. 6Breakfast cereals must conform to the requirements of the WIC program as outlined in 7 CFR 246.10(e)(12). 

Best Practices 

The USDA acknowledges that the 

mandated changes for the meal patterns 

are limited due to increased cost and 

practicality issues. However, providers 

are encouraged to take the initiative in 

providing healthier meals to children. 

According to the U.S. Department of 

Health and Human Services (National 

Center for Health Statistics, 2011), 

obesity rates of preschoolers have more 

than doubled over the last four decades, 

and one in five children will be 

overweight or obese by the time they 

turn age 6. Because of this, numerous 

parents, public and private agencies and 

organizations, and the White House 

have shown a renewed interest in the 

health of the Nation’s children. In June 

2011, the First Lady launched ‘‘Let’s 

Move! Child Care,’’ an effort to work 

with child care providers to help our 

youngest children get off to a healthier 

start. This initiative uses several tools to 

promote healthy eating, physical 

activity, and limiting screen time. 

Because child care providers have the 

ability to influence positive 

development so early in a child’s life, 

those looking to make further 

nutritional improvements are 

encouraged to follow the proposed 

guidelines discussed below when 

serving meals to children. These 

guidelines reflect recommendations 

from the IOM and the AAP and would 

allow caregivers to ensure that children 

and adults are getting the optimal 

benefit from the meals they receive 

while in care. 

These best practices are included in 

the regulatory text, but they are 

optional. Due to the potential of 

increased food and labor costs 

associated with implementing these 

guidelines, they would be met at the 

sole discretion of the provider. These 

guidelines would not be required in 

order to receive Federal reimbursement 

for meals served. Also, failure to meet 

the best practices could not be used as 

a serious deficiency finding (7 CFR 

226.6(c)) or as the basis for other 

disciplinary actions for homes or 

centers. No additional Federal 

reimbursement would be available to 

providers who meet these guidelines. 

Comments on strategies to encourage 

providers to implement the identified 

best practices are requested. 

Infants—The IOM recommended that 

providers support and encourage 

breastfeeding by providing mothers 

access to breastfeeding materials and 

educational opportunities, encouraging 

mothers to supply breastmilk for their 

infant while in day care, and providing 

mothers who come to the day care 

facility with a quiet, private area to 

breastfeed. The USDA encourages all 

providers to adopt these 

recommendations. (As noted above, this 

proposed rule would provide 

reimbursement for breastmilk—only 

meals when the mother comes to the 

day care facility to breastfeed her infant, 

when no other component is required to 

be served.) 

Fruits and Vegetables—Fruits and 

vegetables provide a variety of vitamins 

and minerals needed for growth and 

health maintenance. Exposing children 

to a variety of fruits and vegetables 

throughout the week is not only good 

for them but may serve as the 

foundation for healthier habits later in 

life. Therefore, the USDA encourages 

providers to offer at least one serving 


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2048 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

each of dark green vegetables, red or 

orange vegetables, and legumes once per 

week. Additionally, we encourage 

providers to ensure that every snack 

includes at least one serving of a fruit 

or vegetable. 

As the IOM recognized, some 

products and preparation methods used 

for fruits and vegetables can be a source 

of added sugars and solid fats. To limit 

the intake of added sugars and solid 

fats, the USDA recommends that 

providers adopt the IOM’s 

recommendations and limit the 

consumption of fruit juice to no more 

than once per day for children. 

In addition, while facilities would not 

be permitted under this proposed rule to 

prepare foods onsite by frying them, 

store-bought, catered, or pre-fried foods 

can still contribute large amounts of 

calories and saturated fat to a meal. 

Therefore, facilities are encouraged to 

limit all fried and pre-fried foods 

(including fried and pre-fried 

vegetables) to no more than once per 

week across all eating occasions. 

Grains—The IOM recommended that 

at least one-half of all grains served are 

whole grain-rich. To meet this goal, 

providers are encouraged to prepare at 

least two servings of whole grain-rich 

grains each day. This is an increase from 

the required one serving of whole grainrich grains per day. 

Fluid Milk—The IOM identified 

flavored milk as a source of added sugar 

for children of all ages. In light of this, 

the USDA recommends that providers 

serve only unflavored milk to all 

children, regardless of age. (For 

additional discussion of flavored milk, 

please see the section of this preamble 

entitled Flavored Milk and Yogurt.) 

Meat and Meat Alternates—The 

Dietary Guidelines recommends 

consuming only lean meats. The IOM 

identified meats as a source of solid fats 

and outlined a number of food 

specifications to address this concern, 

including: Serving only lean meats, 

legumes, and nuts; serving only natural 

cheese; limiting processed meats to no 

more than once per week across all 

eating occasions; and limiting fried and 

pre-fried foods (including meats) to no 

more than once per week across all 

eating occasions. As noted above, this 

proposed rule prohibits frying foods 

onsite at the facility. In addition, under 

these best practices, USDA recommends 

that providers adopt all of the other IOM 

recommendations regarding meat and 

meat alternates. 

Summary of Best Practices—In 

summary, the best practices, as outlined 

in this section, are: 

Infants 

• Encourage mothers to breastfeed 

their infants; 

• Provide materials and other 

educational opportunities to 

breastfeeding mothers; 

• Encourage mothers to supply 

breastmilk for their infants while in day 

care; and 

• Provide mothers who come to the 

day care facility a quiet, private area to 

breastfeed. 

Fruits and Vegetables 

• Limit the consumption of fruit juice 

to no more than one serving per day; 

• Make at least one of the two 

required components of every snack a 

fruit or a vegetable; 

• Avoid or limit the service of fried 

and pre-fried foods to no more than one 

serving per week; and 

• Provide at least one serving each of 

dark green vegetables, red/orange 

vegetables, and legumes per week. 

Grains 

• Provide at least two servings of 

whole grain-rich grains per day (an 

increase over the required one serving); 

and 

• Serve breakfast cereals that contain 

no more than 6 grams of sugar per 

serving. 

Milk 

• Serve only unflavored milk to all 

participants, regardless of age. 

Meat and Meat Alternates 

• Serve only lean meats, nuts, and 

legumes; 

• Avoid or limit the service of 

processed meats to no more than once 

per week; 

• Avoid or limit the service of fried 

and pre-fried foods to no more than one 

serving per week; and 

• Serve only natural cheeses. 

Accordingly, the proposed rule 

includes these best practices in 

§ 226.20(e). 

Flavored Milk and Yogurt 

The IOM identified flavored milk as a 

source of added sugars. To limit added 

sugars, the IOM recommended that 

flavored milk be limited and served 

only to adults and children 5 years of 

age and older participating in at-risk 

afterschool programs, and that flavored 

milk not be allowed to be served to 

children of any age in traditional child 

care or emergency shelters. 

The IOM also made recommendations 

to limit the amount of sugar in flavored 

milk and in yogurt. For flavored milk, 

the IOM recommended no more than 22 

grams per 8 fluid ounces serving. For 

yogurt, the IOM recommended no more 

than 40 grams of sugar per 8 ounce 

serving. USDA acknowledges that foods 

high in sugar such as some flavored 

milk and some yogurt can contribute 

excess calories to a child’s diet, and 

agrees that the sugar limits 

recommended for these products by the 

IOM seem reasonable based on products 

currently available in the marketplace. 

We are especially interested in 

obtaining public input on (1) the 

proposed prohibition or limitation of 

serving flavored milk to children 2 

through 4 years of age (2) whether sugar 

limits on flavored milk served to 

children 5 years of age and older should 

be adopted in the final rule as a meal 

pattern requirement or as an optional 

best practice that facilities may choose 

to implement at their discretion and (3) 

whether sugar limits on yogurt should 

be adopted in the final rule as a meal 

pattern requirement or as an optional 

best practice that facilities may choose 

to implement at their discretion. 

Therefore, this preamble and the 

proposed regulatory text present these 

as specific alternatives for comment, as 

discussed below. 

For flavored milk served to children 

2 through 4 years, 

• Alternative A1 would prohibit the 

service of flavored milk to children 2 

through 4 years of age. This provision 

would be considered a requirement 

under the meal pattern components, 

which could result in corrective action 

and/or disallowance of meals if not 

followed; 

• Alternative A2 would require that 

flavored milk served to children 2 

through 4 years of age contain no more 

than 22 grams of sugar per 8 fluid ounce 

serving. This provision would be 

considered a requirement under the 

meal pattern components, which could 

result in corrective action and/or 

disallowance of meals if not followed. 

For flavored milk served to children 

5 years and older, 

• Alternative B1 would require that 

flavored milk, when served to children 

5 years and older and adults, contain no 

more than 22 grams of sugar per 8 fluid 

ounce serving. This provision would be 

considered a requirement under the 

meal pattern components, which could 

result in required corrective action and/ 

or disallowance of meals if not 

followed; 

• Alternative B2 would recommend 

that flavored milk, when served to 

children 5 years of age and older and 

adults, contain no more than 22 grams 

of sugar per 8 fluid ounce serving. This 

recommendation would be included as 

a best practice; providers would be 

encouraged to adhere to these 


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Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2049 

limitations but would not be required to 

do so. 

For yogurt served to all age groups, 

• Alternative C1 would require that 

yogurt contain no more than 30 grams 

of sugar per 6 ounce serving. We have 

converted the IOM’s recommendation 

from 40 grams of sugar per 8 ounce 

serving because commercially available 

yogurt is typically sold in 6 ounce 

containers. This provision would be 

considered a requirement under the 

meal pattern components, which could 

result in required corrective action and/ 

or disallowance of meals if not 

followed; 

• Alternative C2 would recommend 

that yogurt contain no more than 30 

grams of sugar per 6 ounce serving. This 

recommendation would be included 

under best practices; providers would 

be encouraged to adhere to these 

limitations but would not be required to 

do so. 

Accordingly, these alternatives can be 

found in the proposed rule in 

§ 226.20(r). 

Proposed Miscellaneous Changes 

Program Purpose—Section 17(a) of 

the NSLA (42 U.S.C. 1766(a)), was 

amended by the HHFKA, and redefined 

CACFP as a program authorized to 

provide aid to child and adult care 

providers and family or group day care 

homes for the provision of nutritious 

foods that contribute to the wellness, 

healthy growth, and development of 

young children, and the health and 

wellness of older adults and chronically 

impaired disabled persons. Previously, 

the purpose of the Program was to 

enable providers to integrate a 

nutritious food service with organized 

care services for enrolled participants. 

This proposed rule would revise the 

purpose of the program to reflect the 

expanded purpose. Accordingly, the 

proposed change can be found at § 226.1 

of this proposed rule. 

Meal Pattern Exceptions—Section 

17(g)(2)(C) of the NSLA (42 U.S.C. 

1766(g)(2)(C)), as amended by the 

HHFKA, provides for meal pattern 

flexibility in two areas, special dietary 

needs and the needs of emergency 

shelters. Under this paragraph, the 

minimal nutrition requirements must 

not prohibit providers from substituting 

foods to accommodate the medical or 

other special dietary needs of individual 

participants. This provision is found at 

§ 226.20(i)(2) of the proposed rule. 

The HHFKA also amended the NSLA 

by providing new authority allowing the 

USDA to waive all or part of the 

requirements of the meal patterns for 

emergency shelters. This proposed rule 

does not codify the waiver authority for 

emergency shelters, as it is authority 

that the USDA may exercise, and not 

State or local program operators. The 

USDA does not anticipate the meal 

pattern requirements in this proposed 

rule would pose a particular challenge 

for emergency shelters. However, if 

challenges arise, the emergency shelter 

or the sponsoring organization of the 

shelter may request a waiver through 

the State agency for FNS Regional Office 

approval. 

Section 17(g)(3) of the NSLA (42 

U.S.C. 1766(g)(3)), as amended by the 

HHFKA, requires providers to ensure 

that the reimbursable meal service 

contributes to the development and 

socialization of enrolled children by 

restricting the use of food as a 

punishment or reward. The amendment 

reflects the long-standing position of the 

USDA and is included in § 226.20(r) of 

this proposed rule. 

Water—Section 221 of the HHFKA 

amended section 17 of the NSLA by 

adding paragraph (u)(2), which requires 

that child care centers, family day care 

homes, at-risk afterschool programs, and 

shelters participating in the CACFP 

make drinking water available to 

children for consumption throughout 

the day. USDA issued an 

implementation memorandum advising 

State agencies of this new provision, 

‘‘Child Nutrition Reauthorization 2010: 

Water Availability in the Child and 

Adult Care Food Program’’ (CACFP 20– 

2011, May 11, 2011, http://

www.fns.usda.gov/sites/default/files/

CACFP-20-2011.pdf). The memorandum 

advised State agencies that CACFP 

centers and day care homes must make 

drinking water available to children, as 

nutritionally appropriate, throughout 

the day, including at meal times. Water 

should be made available to children to 

drink upon their request, but does not 

have to be available for children to selfserve. While drinking water must be 

made available to children during meal 

times, it is not part of the reimbursable 

meal and may not be served in lieu of 

fluid milk. While not specifically 

required for adult participants, adult 

day care centers are encouraged to 

ensure adult participants also have 

access to drinking water throughout the 

day. 

The 2010 Dietary Guidelines for 

Americans do not establish a daily 

minimum intake for water consumption, 

but do recommend that water be 

consumed daily. States and sponsors 

should encourage facilities to serve 

water with snacks when no other 

beverage is being served, and in lieu of 

other high calorie, sweetened beverages 

(juice drinks, soda, sports drinks, etc.) 

that are served outside of meal times. 

Water can be made available to 

children in a variety of ways including 

but not limited to: Having cups 

available next to the kitchen sink faucet, 

having water pitchers and cups set out, 

or simply providing water to a child 

when it is requested. USDA expects that 

this provision can be instituted with no 

or very low cost. However, 

circumstances may arise in which safe 

drinking water is not readily available 

in a facility. In these instances, 

purchasing water for children may be 

considered a reasonable and allowable 

cost for participating facilities. The 

purchase of water will continue to be an 

unallowable cost in CACFP facilities if 

purchased for employee consumption. 

Accordingly, this proposed rule 

would require child care centers and 

day care homes to make safe drinking 

water available to children upon their 

request, throughout the day. The 

proposed changes can be found at 

§ 226.25(h). 

Food Substitutions Supplied by 

Parents—Program regulations at 7 CFR 

226.7(m) and FNS Instruction 784–3, 

‘‘Reimbursement for Meals Provided by 

Parents in the Child Care Food 

Program’’ (October 14, 1982), currently 

prohibit the reimbursement of meals in 

which any of the required components 

are provided by a parent or guardian, 

unless such food substitutions are 

specifically related to a medical 

disability. To better accommodate 

children with special dietary needs that 

do not rise to the level of a medical 

disability, this proposed rule would 

allow reimbursement for meals that 

contain up to one component that has 

been provided by a parent or guardian. 

Providing a meal component is at the 

option of the parent or guardian and 

may not be required by the provider. 

Additionally, providers are not required 

to serve meal components provided by 

a parent or guardian if the substitution 

is not related to a medical disability. 

The proposed changes can be found at 

§§ 226.6(m) and 226.20(i). 

Family-Style Meals—Family-Style 

meal service provides a further 

opportunity to enhance the nutritional 

goals of CACFP by encouraging a 

pleasant eating environment. It 

promotes mealtime as a learning 

experience by allowing children to serve 

themselves from common platters of 

food, with assistance from supportive 

adults, and providing educational 

activities that are centered around food. 

FNS Instruction 783–9, Revision 2, 

‘‘Family Style Meal Service in the Child 

and Adult Care Food Program’’ (May 3, 

1993), outlines a number of practices 

that a center or day care home should 

follow when utilizing this option, 


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2050 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

including placement of a sufficient 

amount of prepared food on each table 

and active encouragement of children to 

serve themselves the full required 

portion of each component. This 

proposed rule would codify these 

practices at § 226.20(o). 

Offer Versus Serve—CACFP allows 

Offer Versus Serve as a meal service 

option in adult day care centers. It 

enables adult participants to choose to 

decline some of the offered food. It 

helps centers reduce food waste and 

costs, while maintaining the nutritional 

integrity of the reimbursable meal 

served. This proposed rule would 

extend the option of offer versus serve 

to children receiving meals in at-risk 

afterschool care centers. It would allow 

a child to decline up to two food items 

offered as part of a reimbursable lunch 

or supper. The proposed changes can be 

found at § 226.20(p)(1)(ii). 

Technical Amendments—Finally, 

since this proposed rule revises § 226.20 

in its entirety, a number of sections have 

been restated, without change. These 

sections include existing paragraphs (e) 

Temporary unavailability of milk, (f) 

Continuing unavailability of milk, (i) 

Special variations, (j) Meal planning, (k) 

Time of meal service, (l) Sanitation, and 

(m) Donated commodities. In addition, 

paragraphs (n) Plentiful foods and (o) 

Additional provisions have been 

removed as they are now obsolete. 

Proposed Corresponding Changes to 

Other Child Nutrition Programs 

School Breakfast Program—To 

maintain consistency across programs, 

the meal pattern requirements for SBP 

meals to infants and children 1 through 

4 years of age will be revised to reflect 

the proposed breakfast meal 

requirements for infants and children 1 

through 4 years of age for children 

participating in the CACFP. This 

proposed rule would remove the meal 

pattern charts and component 

description for children under 5 years of 

age and instead refer to § 226.20(c) for 

meal pattern quantity and component 

requirements. Children ages 5 years and 

up will continue to follow the SBP meal 

pattern requirements as currently 

outlined in 7 CFR part 220. Comments 

from the general public are encouraged 

as to whether referring to the CACFP 

regulations for the meal patterns for 

children under 5 years of age is 

sufficient or whether meal pattern 

components, quantities, and charts 

should be reproduced in SBP 

regulations, as they are currently. 

Additionally, for reasons of 

consistency with the CACFP meal 

pattern, this proposed rule would 

eliminate the offer versus serve option 

for children under 5 years of age. All 

proposed changes are discussed and 

outlined above under the section titled 

‘‘Proposed Meal Pattern Changes for 

CACFP.’’ The minimum serving size of 

required components remains 

unchanged. Accordingly, this proposed 

rule would amend § 220.8(o) to 

incorporate these changes by reference. 

National School Lunch Program—To 

maintain consistency across programs, 

the meal pattern requirements for NSLP 

schools providing snacks and lunches to 

infants and children 1 through 4 years 

of age will be revised to reflect the 

proposed meal pattern requirements for 

snacks and lunches for infants and 

children participating in the CACFP 

outlined in this rule. Children ages 5 

years and up will continue to follow the 

NSLP meal pattern requirements as 

currently outlined. Comments from the 

general public are encouraged as to 

whether referring to the CACFP 

regulations for the meal patterns for 

children under 5 years of age is 

sufficient or whether meal pattern 

components, quantities, and charts 

should be reproduced in NSLP 

regulations, as they are currently. 

Additionally, for reasons of 

consistency with the CACFP meal 

pattern, this proposed rule would 

eliminate the offer versus serve option 

for lunches served to children under 5 

years of age. Schools will continue to 

have the option of serving lunch meals 

to children under 5 years of age across 

two serving periods (i.e., splitting the 

reimbursable meal into two smaller 

meals). All proposed changes are 

discussed and outlined above under the 

section titled ‘‘Proposed Meal Pattern 

Changes for CACFP.’’ The minimum 

serving size of required components 

remains unchanged. Accordingly, this 

proposed rule would amend § 210.10(o) 

and (p) to incorporate these changes by 

reference. 

Special Milk Program—To maintain 

consistency across programs, this 

proposed rule would require schools 

and institutions participating in the 

Special Milk Program to serve only lowfat and fat-free milk to children over the 

age of 2 years. Additionally, this 

proposed rule would require that 

flavored milk served be fat-free. The 

proposed changes are found at § 215.7a 

of this proposed rule. 

Technical Assistance 

The IOM recommended that the 

USDA provide extensive technical 

assistance to State agencies, sponsors, 

and day care providers to implement the 

recommended meal pattern changes. 

Key aspects of this assistance would 

include menu planning, purchasing, 

food preparation, and recordkeeping. 

Section 221 of the HHFKA requires 

the USDA to provide technical 

assistance to participating child care 

centers and day care homes in 

complying with the new nutritional 

requirements. As a first step in this 

technical assistance, USDA has 

coordinated with the U.S. Department of 

Health and Human Services to develop 

recommendations, guidelines, and best 

practices for day care providers that are 

consistent with the nutrition, physical 

activity, and wellness requirements of 

the HHFKA and this regulation. Based 

on this collaboration, the handbook 

‘‘Nutrition and Wellness Tips for Young 

Children: Provider Handbook for the 

Child and Adult Care Food Program’’ 

was published in January 2013 (http:// 

www.fns.usda.gov/nutrition-andwellness-tips-young-children-providerhandbook-child-and-adult-care-foodprogram). The Handbook includes 15 

fact sheets addressing nutrition, 

physical activity, and screen time. It 

will be updated as needed upon 

publication of the final rule. 

In addition, USDA conducted needs 

assessment research to identify 

additional materials and training that 

would be useful to CACFP entities; the 

final report will be available in 2015. 

Pertinent resources and guidance 

materials will be developed based on 

the research results. FNS continues to 

partner with the National Food Service 

Management Institute to develop and 

provide appropriate training materials 

for CACFP. To further extend the reach 

of the technical assistance provided, 

comments are requested on strategies 

that can be used for providing 

additional technical assistance on the 

new meal pattern requirements. 

IV. Procedural Matters 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all cost and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both cost and benefits, of 

reducing cost, of harmonizing rules, and 

of promoting flexibility. This proposed 

rule has been determined to be 

significant and was reviewed by the 

Office of Management and Budget. 


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Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2051 

1The proposed rule would no longer allow grain 

based desserts to contribute to the meal patterns’ 

grain requirement. The $101.1 million 4-year cost 

reduction shown in Table 1 includes the savings to 

CACFP providers of substituting program-creditable 

grains in place of more expensive grain-based 

desserts. To the extent that providers continue to 

serve similar desserts on a non-creditable basis, 

their actual costs of serving meals to Program 

participants will exceed the cost of serving meals 

that meet Program requirements. If we do not count 

the current cost of grain-based desserts as a savings 

in this analysis, then the estimated net cost of the 

rule is +10.2 million over 4 years, even closer to 

cost neutral than shown here, though more costly 

to CACFP providers. Given the considerable 

potential savings from at least reducing the number 

of grain based desserts served, providers, on 

average, should be able to implement the proposed 

rule with no increase in cost. 

2Projections prepared by FNS for the 

development of the FY 2014 President’s Budget. 

These figures are included in this table only to 

demonstrate that any potential cost impact of the 

rule (or, indeed, of any individual provision in the 

rule) is an extremely small percentage of overall 

Federal reimbursements to CACFP providers. 

Regulatory Impact Analysis 

As required for all rules that have 

been designated as significant by the 

Office of Management and Budget, a 

Regulatory Impact Analysis (RIA) was 

developed for this proposal. A summary 

is presented below. The full RIA is 

included in the supporting documents 

of the rule docket at 

www.regulations.gov. 

Need for Action 

This rule proposes changes to the 

meal pattern requirements for the Child 

and Adult Care Food Program (CACFP), 

pursuant to section 221 of the Healthy, 

Hunger-Free Kids Act of 2010 (HHFKA). 

Pursuant to the statute, changes are 

made to improve participants’ diets by 

reducing the prevalence of inadequate 

and excessive intakes of food, nutrients, 

and calories. The rule would implement 

a cost-neutral subset of CACFP meal 

pattern recommendations for infants, 

children, and adults contained in the 

2010 Institute of Medicine report, Child 

and Adult Care Food Program: Aligning 

Dietary Guidance for All. 

Costs 

The baseline for this regulatory 

impact analysis is the current cost of 

food to providers in homes and centers 

that participate in the CACFP. The 

proposed rule more closely aligns the 

meals served in CACFP with the Dietary 

Guidelines in an essentially cost-neutral 

manner, as HHFKA did not provide any 

funding for additional or increased meal 

reimbursements in CACFP. USDA 

estimates that the rule will result in a 

very small decrease in the cost for 

CACFP providers to prepare and serve 

meals to Program participants,1 and may 

result in a small, temporary increase in 

labor and administrative costs to 

implement the rule. Therefore, we 

project no meaningful net change in cost 

as a result of the rule. 

TABLE 1—SUMMARY TABLE OF NET COSTS TO CACFP PROVIDERS OF PROPOSED RULE PROVISIONS

[By fiscal year, in millions of dollars—change from baseline. Negative numbers = cost savings.] 

2015 2016 2017 2018 Total 

Net Effect of Infant Provisions ............................................. ¥$4.0 ¥$4.1 ¥$4.3 ¥$4.4 ¥$16.8 

Infant Formula Change ................................................. ¥$7.5 ¥$7.7 ¥$8.0 ¥$8.2 ¥$31.4 

Infant Snack—Fruits and Vegetables ........................... $3.5 $3.6 $3.7 $3.8 $14.6 

On-site Breastfeeding Provision ................................... (*) (*) (*) (*) (*) 

Separating Fruits and Vegetables ....................................... (*) (*) (*) (*) (*) 

Net Effect of Grain Provisions ............................................. ¥$17.3 ¥$18.0 ¥$18.6 ¥$19.4 ¥$73.3 

New Whole Grain Requirement .................................... $9.0 $9.3 $9.7 $10.0 $38.0 

Disallowing Desserts .................................................... ¥$26.3 ¥$27.3 ¥$28.3 ¥$29.4 ¥$111.3 

WIC Compliant Cereals ................................................ (*) (*) (*) (*) (*) 

Fluid Milk Provision .............................................................. ¥$2.6 ¥$2.7 ¥$2.8 ¥$2.9 ¥$11.0 

Other Provisions .................................................................. (*) (*) (*) (*) (*) 

Rule Impact on NSLP, SBP, and SMP ........................ (*) (*) (*) (*) (*) 

Potable Water Provision ............................................... (*) (*) (*) (*) (*) 

Flavored Milk and Yogurt Option .................................. (*) (*) (*) (*) (*) 

Disallowing Frying as Preparation Method ................... (*) (*) (*) (*) (*) 

Increased Flexibility in Foods Served to CACFP Participants ..................................................................... (*) (*) (*) (*) (*) 

Net Cost of Rule to CACFP Providers ................................ ¥$23.9 ¥$24.8 ¥$25.7 ¥$26.7 ¥$101.1 

Baseline Federal Reimbursement and USDA Food Assistance 2 ................................................................................ $3,209 $3,332 $3,455 $3,584 $13,581 

Net Cost of Rule as a Percent of Federal Reimbursement ¥0.7% ¥0.7% ¥0.7% ¥0.7% ¥0.7% 

* Cost or savings is too uncertain to be estimated with precision (and is almost certainly too small to affect the estimate meaningfully); see the 

relevant sections for in-depth discussions of the cost implications of each provision. 

Note: Sums may not match exactly due to rounding. 

Much of the net cost savings in the 

table results from disallowing grainbased desserts as a reimbursable meal 

component as recommended by IOM; 

however, even without counting this 

provision as a cost savings, the rule 

remains essentially cost neutral. Other 

provisions of the rule that are expected 

to have a small cost savings include: 

• The proposed changes to the meal 

patterns for infants. A change in the age 

groups and formula quantities mean that 

slightly less formula will be served 

under the proposed meal patterns than 

under current rules. 

• Changes in the fat content of fluid 

milk served to children. The proposed 

rule would codify statutory 

requirements that fluid milk served to 

CACFP participants two years of age 

and older be low-fat or fat-free. Because 

lower fat content milks tend to cost less 

per unit than higher fat content milks, 

this change will slightly reduce the cost 

of CACFP meals. 

• Provisions that increase provider 

flexibility in serving meals, such as 

allowing a meat or meat alternate to be 

served in lieu of up to one-half of the 

bread and grains requirement at 

breakfast, allowing tofu as a meat 

alternate, and allowing yogurt to be 

used to meet the fluid milk requirement 

for adults, no more than once per day. 

Provisions that are expected to or may 

slightly increase the cost of serving 

meals that meet the proposed 

requirements include: 


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2052 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

• The addition of fruits and 

vegetables as a component of infant 

snacks starting at 6 months. 

• The proposed requirement that at 

least one bread or grain serving per day 

be whole grain or whole grain rich. 

Because whole grain products tend to 

cost more than their refined grain 

substitutes, this provision is expected to 

have a modest upward effect on the cost 

of providing CACFP meals. 

• The proposed separation of fruits 

and vegetables into separate meal 

components. Although this is not 

expected to result in an increase in the 

quantities of fruits and vegetables 

offered, unit costs may increase if 

providers choose to buy smaller prepacked servings of fruits and vegetables 

in order to serve both a fruit and a 

vegetable at the same meal. 

• Provisions that limit provider 

flexibility in serving meals, such as the 

disallowing of frying as an on-site food 

preparation method. 

Benefits 

By updating Program regulations to 

make them more consistent with the 

goals of the most recent Dietary 

Guidelines for Americans, the proposed 

rule will ensure that meals served at 

CACFP centers and homes better reflect 

current nutrition science; increase the 

availability of key food groups; better 

meet the nutritional needs of infants, 

children, and adults; and foster healthy 

eating habits. 

The proposed changes are expected to 

positively impact the nutritional 

outcomes of all groups of CACFP 

participants. The infant pattern will 

help to ensure that infants will 

exclusively breast- or formula-feed 

throughout their first six months of life, 

as recommended by the American 

Academy of Pediatrics (AAP). 

Separating fruits and vegetables into 

two components increases the variety of 

foods that CACFP participants are able 

to consume at meal times. Disallowing 

desserts as reimbursable meal 

components, disallowing frying as an 

on-site food preparation method, and 

modifying the fluid milk requirements 

will decrease the amounts of solid fats 

and added sugars consumed by CACFP 

participants through Program meals. 

Requiring that one serving of grains be 

whole-grain-rich will increase the whole 

grain consumption of CACFP 

participants, which, as IOM notes in its 

report, is very low across all CACFP 

participant age groups. 

The rule also increases flexibility for 

CACFP providers to better meet the 

nutritional requirements and dietary 

preferences of participants. It allows a 

meat or meat alternate to be served in 

lieu of up to one-half of the bread and 

grains requirement at breakfast, allows 

tofu as a meat alternate, and allows 

yogurt to be used to meet the fluid milk 

requirement for adults, no more than 

once per day. 

Regulatory Flexibility Act 

This proposed rule has been reviewed 

with regard to the requirements of the 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 601–612). FNS certifies that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities, including 

child care providers and school 

districts. While this proposed rule 

makes several revisions to the CACFP 

meal patterns based on 

recommendations of the Institute of 

Medicine (IOM), the provisions 

proposed in this rulemaking are of 

minimal cost and would be achievable 

without creating a hardship for any of 

the small entities that administer and 

participate in the Program. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995, Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments, and on the 

private sector. Under section 202 of 

UMRA, FNS must generally prepare a 

written statement, including a cost 

benefit analysis, for proposed and final 

rules with ‘‘Federal mandates’’ that may 

result in expenditures by State, local, or 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more in any one year. When this 

statement is needed, section 205 of 

UMRA generally requires FNS to 

identify and consider a reasonable 

number of regulatory alternatives, and 

adopt the most cost effective or least 

burdensome alternative that achieves 

the objectives of the rulemaking. 

This proposed rule does not contain 

Federal mandates (under the regulatory 

provisions of Title II of the UMRA) that 

would result in cost to State, local, or 

Tribal governments or to the private 

sector of $100 million or more in any 

one year. 

Federalism Summary Impact Statement 

Executive Order 13132 requires 

Federal agencies to consider the impact 

of their regulatory actions on State and 

local governments. Where these actions 

have federalism implications, agencies 

are directed to provide a statement for 

inclusion in the preamble to the 

regulations describing the agency’s 

considerations in terms of the three 

categories called for under section 

(6)(b)(2)(B) of Executive Order 13121. 

FNS has considered the potential 

impact of this proposed rule on State 

and local governments and has 

determined that it does not have 

federalism implications. This proposed 

rule would not impose substantial or 

direct compliance costs on State and 

local governments. Therefore, a 

federalism summary impact statement is 

not required. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, ‘‘Civil 

Justice Reform.’’ This rulemaking, when 

published as a final rule, is intended to 

have a preemptive effect with respect to 

any State or local laws, regulations or 

policies which conflict with its 

provisions. This rulemaking is not 

intended to have a retroactive effect. 

Prior to any judicial challenge to the 

provisions or application of the of this 

rulemaking, all applicable 

administrative procedures under 

§§ 210.18(q), 226.6(k), 226.6(l), 

226.16(l), 226.22, 235.11(f), and 7 CFR 

parts 3016 and 3019 must be exhausted. 

This includes any administrative 

procedures provided by State or local 

governments. 

Civil Rights Impact Analysis 

FNS has reviewed this proposed rule 

in accordance with USDA regulations 

4300–4, ‘‘Civil Rights Impact Analysis,’’ 

and 1512–1, ‘‘Regulatory Decision 

Making Requirements.’’ After a careful 

review of the proposed rule’s intent and 

provisions, FNS has determined that 

this proposed rule is not intended to 

limit or reduce in any way the ability of 

protected classes of individuals to 

receive benefits on the basis of their 

race, color, national origin, sex, age, or 

disability, nor is it intended to have a 

differential impact on minority-owned 

or operated business establishments, 

and woman-owned or operated business 

establishments that participate in the 

programs affected by this rulemaking. 

Executive Order 13175 

Executive Order 13175 requires 

Federal agencies to consult and 

coordinate with Tribes on a 

government-to-government basis on 

policies that have Tribal implications, 

including regulations, legislative 

comments or proposed legislation, and 

other policy statements or actions that 

have substantial direct effects on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2053 

In spring 2011, FNS offered 

opportunities for consultation with 

Tribal officials or their designees to 

discuss the impact of the Healthy, 

Hunger-Free Kids Act of 2010 (HHFKA) 

on tribes or Indian Tribal governments. 

FNS coordinated five consultation 

sessions in total that provided the 

opportunity to address Tribal concerns 

related to the Child Nutrition Programs: 

1. HHFKA Webinar and Conference 

Call—April 12, 2011 

2. Mountain Plains—HHFKA 

Consultation, Rapid City, South 

Dakota—March 23, 2011 

3. Tribal Self-Governance Annual 

Conference, Palm Springs, 

California—May 2, 2011 

4. National Congress of American 

Indians Mid-Year Conference, 

Milwaukee, Wisconsin—June 14, 

2011 

5. HHFKA Webinar and Conference 

Call—June, 22, 2011 

Reports from these consultations are 

part of the USDA annual reporting on 

Tribal consultation and collaboration. 

FNS will respond in a timely and 

meaningful manner to Tribal 

government requests for consultation 

concerning this rulemaking. Currently, 

FNS provides regularly scheduled 

quarterly consultation sessions as an 

opportunity for collaborative 

conversations with Tribal officials and 

their designees. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; see 5 CFR part 

1320) requires that the Office of 

Management and Budget (OMB) 

approve all collections of information 

by a Federal agency from the public 

before they can be implemented. 

Respondents are not required to respond 

to any collection of information unless 

it displays a current valid OMB control 

number. Information collections in this 

proposed rule have been previously 

approved under OMB #0584–0055. 

There is no new information collection 

burden associated with this proposed 

rule. 

E-Government Act Compliance 

FNS is committed to complying with 

the E-Government Act of 2002 to 

promote the use of the Internet and 

other information technologies to 

provide increased opportunities to 

provide for citizen access to government 

information and services, and for other 

purposes. 

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 215 

Food assistance programs, Grant 

programs—education, Grant programs— 

health, Infants and children, Milk, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 220 

Grant programs—education, Grant 

programs—health, Infants and children, 

Nutrition, Reporting and recordkeeping 

requirements, School breakfast and 

lunch programs. 

7 CFR Part 226 

Accounting, Aged, Day care, Food 

assistance programs, Grant programs, 

Grant programs—health, American 

Indians, Individuals with disabilities, 

Infants and children, Intergovernmental 

relations, Loan programs, Reporting and 

recordkeeping requirements, Surplus 

agricultural commodities. 

Accordingly, 7 CFR parts 210, 215, 

220, and 226 are proposed to be 

amended as follows: 

PART 210—NATIONAL SCHOOL 

LUNCH PROGRAM 

■ 1. The authority citation for 7 CFR 

part 210 continues to read as follows: 

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

■ 2. Amend § 210.10 as follows: 

■ a. In paragraph (a)(1)(i), remove the 

words ‘‘1 to 4’’ in the fourth sentence 

and add in their place the words ‘‘1 

through 4’’; 

■ b. In paragraph (a)(1)(ii), remove the 

last sentence; 

■ c. Revise paragraph (e); 

■ d. In paragraph (g), revise the first 

sentence; 

■ e. Revise paragraph (j); 

■ f. In paragraph (l)(1), add two 

sentences at the end of the paragraph; 

and 

■ g. Revise paragraphs (o) and (p). 

The additions and revisions read as 

follows: 

§ 210.10 Meal requirements for lunches 

and requirements for afterschool snacks. 

* * * * * 

(e) Offer versus serve. (i) For students 

in grades K through 12. School lunches 

must offer daily the five food 

components specified in the meal 

pattern in paragraph (c) of this section. 

Under offer versus serve, students must 

be allowed to decline two items at 

lunch, except that the students must 

select at least 1/2 cup of either the fruit 

or vegetable component. Senior high 

schools (as defined by the State 

educational agency) must participate in 

offer versus serve. Schools below the 

senior high level may participate in 

offer versus serve at the discretion of the 

school food authority. 

(ii) For children ages 1 through 4. 

School lunches must offer daily all five 

required food components specified in 

the meal pattern in paragraph (p) of this 

section. If the school food authority 

elects offer versus serve, students in 

preschool may decline one or two of the 

five food components. 

* * * * * 

(g) Compliance assistance. The State 

agency and school food authority must 

provide technical assistance and 

training to assist schools in planning 

lunches that meet the meal pattern in 

paragraph (c) of this section; the calorie, 

saturated fat, sodium, and trans fat 

specifications established in paragraph 

(f) of this section; and the meal pattern 

requirements in paragraphs (o) and (p) 

of this section, as applicable. * * * 

* * * * * 

(j) State agency’s responsibilities for 

compliance monitoring. Compliance 

with the meal requirements in 

paragraph (b) of this section, including 

dietary specifications for calories, 

saturated fat, sodium and trans fat, and 

paragraphs (o) and (p) of this section, as 

applicable, will be monitored by the 

State agency through administrative 

reviews authorized in § 210.18. 

* * * * * 

(l) * * * 

(1) * * * With State agency approval, 

schools may serve lunches to children 

under age 5 over two service periods. 

Schools may divide the quantities and/ 

or food items offered each time any way 

they wish. 

* * * * * 

(o) Afterschool snacks. Eligible 

schools operating afterschool care 

programs may be reimbursed for one 

afterschool snack served to a child (as 

defined in § 210.2) per day. 

(1) ‘‘Eligible schools’’ means schools 

that: 

(i) Operate school lunch programs 

under the Richard B. Russell National 

School Lunch Act; and 

(ii) Sponsor afterschool care programs 

as defined in § 210.2. 

(2) Afterschool snack requirements for 

children in grades K–12. Afterschool 

snacks shall contain two different 

components from the following four: 


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2054 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

(i) A serving of fluid milk as a 

beverage, or on cereal, or used in part 

for each purpose; 

(ii) A serving of meat or meat 

alternate. Nuts and seeds and their 

butters listed in FNS guidance are 

nutritionally comparable to meat or 

other meat alternates based on available 

nutritional data. Acorns, chestnuts, and 

coconuts are excluded and shall not be 

used as meat alternates due to their low 

protein content. Nut or seed meals or 

flours shall not be used as a meat 

alternate except as allowed under 

Appendix A of this part; 

(iii) A serving of vegetable(s) or 

fruit(s) or full-strength vegetable or fruit 

juice, or an equivalent quantity of any 

combination of these foods. Juice may 

not be served when fluid milk is served 

as the only other component; 

(iv) A serving of whole-grain or 

enriched bread; or an equivalent serving 

of a bread product, such as cornbread, 

biscuits, rolls, or muffins made with 

whole-grain or enriched meal or flour; 

or a serving of cooked whole-grain or 

enriched pasta or noodle products such 

as macaroni, or cereal grains such as 

enriched rice, bulgur, or enriched corn 

grits; or an equivalent quantity of any 

combination of these foods. 

(3) Afterschool snack requirements for 

children under age 5. Afterschool 

snacks served to infants ages birth 

through 11 months and to children ages 

1 through 4 must meet the requirements 

for meal supplements for the Child and 

Adult Care Food Program as specified 

under paragraphs § 226.20(a), (b), (c)(3) 

and (d) of this chapter, as applicable. In 

addition, school food authorities serving 

after school snacks must comply with 

the requirements set forth in paragraphs 

(a), (c)(3), (c)(7), (d)(2) through (4), (g), 

and (m) of this section. 

(p) Lunches for preschoolers and 

infants—(1) Requirements for 

preschoolers’ lunch pattern. Lunches for 

children ages 1 through 4 must meet the 

requirements for lunches for the Child 

and Adult Care Food Program as 

specified under paragraphs § 226.20(a), 

(c)(2) and (d) of this chapter. In 

addition, school food authorities serving 

lunches under this paragraph must 

comply with the requirements set forth 

in paragraphs (a), (c)(3), (c)(4), (c)(7), 

(d)(2) through (4), (e), (g), (j), (k), (l), and 

(m) of this section. 

(2) Requirements for infants’ lunch 

pattern. Lunches for infants ages birth 

through 11 months must meet the 

requirements for lunches under 

paragraphs § 226.20(b) and (d) of this 

chapter, as applicable. In addition, 

school food authorities serving lunches 

under this paragraph must comply with 

the requirements set forth in paragraphs 

(a), (g), (l), and (m) of this section, as 

applicable. 

PART 215—SPECIAL MILK PROGRAM 

FOR CHILDREN 

■ 3. The authority for 7 CFR part 215 

continues to read as follows: 

Authority: 42 U.S.C. 1772 and 1779. 

■ 4. In 7 CFR part 215 add new § 215.7a 

to read as follows: 

§ 215.7a Fluid milk and non-dairy milk 

substitute requirements. 

Fluid milk and non-dairy beverages 

served must meet the requirements as 

outlined in this paragraph. 

(a) Types of fluid milk. All fluid milk 

served in the Program must be 

pasteurized fluid milk which meets 

State and local standards for such milk. 

All fluid milk must have vitamins A and 

D at levels specified by the Food and 

Drug Administration and must be 

consistent with State and local 

standards for such milk. Fluid milk 

served must also meet the following 

requirements: 

(1) Children one year of age must be 

offered only unflavored whole milk. 

(2) Children ages 2 years and older 

must be served either unflavored low-fat 

(1 percent) or unflavored fat-free (skim) 

or flavored fat-free (skim) milk. 

(b) Fluid milk substitutes. Non-dairy 

fluid milk substitutions may be 

provided for non-disabled children with 

medical or special dietary needs so long 

as requests are submitted in writing 

from the child’s parent or guardian. If a 

school or day care center chooses to 

offer one or more substitutes for fluid 

milk, the non-dairy beverage(s) must 

provide the nutrients listed in the 

following table. Fluid milk substitutes 

must be fortified in accordance with 

fortification guidelines issued by the 

Food and Drug Administration. A 

school or day care center need only offer 

the non-dairy beverage(s) that it has 

identified as allowable fluid milk 

substitutes according to the following 

chart: 

Nutrient Per cup 

(8 fl oz) 

Calcium ........................................ 276 mg. 

Protein .......................................... 8 g. 

Vitamin A ...................................... 500 IU. 

Vitamin D ...................................... 100 IU. 

Magnesium ................................... 24 mg. 

Phosphorus .................................. 222 mg. 

Potassium ..................................... 349 mg. 

Riboflavin ...................................... 0.44 mg. 

Vitamin B–12 ................................ 1.1 mcg. 

PART 220—SCHOOL BREAKFAST 

PROGRAM 

■ 5. The authority citation for 7 CFR 

part 220 continues to read as follows: 

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

otherwise noted. 

■ 6. Amend § 220.8 as follows: 

■ a. In paragraph (a) introductory text, 

revise the first sentence; 

■ b. In paragraph (a)(3), revise the third 

sentence; 

■ c. In paragraph (c), revise the title; 

■ d. In paragraph (g), revise the first 

sentence; 

■ e. In paragraph (j), revise the first 

sentence; and 

■ f. Revise paragraph (o). 

The revisions read as follows: 

§ 220.8 Meal requirements for breakfasts. 

(a) * * * This section contains the 

meal requirements applicable to school 

breakfasts for students in grades K to 12, 

and for children under the age of 5. 

* * * 

* * * * * 

(3) * * * Labels or manufacturer 

specifications for food products and 

ingredients used to prepare school 

meals for students in grades K to 12 

must indicate zero grams of trans fat per 

serving (less than 0.5 grams). * * * 

* * * * * 

(c) Meal pattern for school breakfasts 

for grades K to 12. * * * 

* * * * * 

(g) * * * The State agency and school 

food authority must provide technical 

assistance and training to assist schools 

in planning breakfasts that meet the 

meal pattern in paragraph (c) of this 

section, the dietary specifications for 

calorie, saturated fat, sodium, and trans 

fat established in paragraph (f) of this 

section, and the meal pattern in 

paragraph (o) of this section, as 

applicable. * * * 

* * * * * 

(j) * * * Effective SY 2013–2014, 

compliance with the applicable meal 

requirements in paragraphs (b) and (o) 

of this section will be monitored by the 

State agency through administrative 

reviews authorized in § 210.18 of this 

chapter. 

* * * * * 

(o) Breakfasts for preschoolers and 

infants. Breakfast served to infants ages 

birth through 11 months and to children 

ages 1 through 4 must meet the 

requirements for breakfasts served 

under the Child and Adult Care Food 

Program as specified under paragraphs 

§ 226.20(a),(b), (c)(1), and (d). In 

addition, school food authorities serving 

breakfasts under this paragraph must 

comply with the requirements set forth 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2055 

in paragraphs (a),(c)(3), (g), (j), (k), (l), 

and (m) of this section, as applicable. 

PART 226—CHILD AND ADULT CARE 

FOOD PROGRAM 

■ 7. The authority citation for 7 CFR 

part 226 continues to read as follows: 

Authority: Secs. 9, 11, 14, 16, and 17, 

Richard B. Russell National School Lunch 

Act, as amended (42 U.S.C. 1758, 1759a, 

1762a, 1765 and 1766). 

■ 8. Revise § 226.1 to read as follows: 

§ 226.1 General purpose and scope. 

This part announces the regulations 

under which the Secretary of 

Agriculture will carry out the Child and 

Adult Care Food Program. Section 17 of 

the Richard B. Russell National School 

Lunch Act, as amended, authorizes 

assistance to States through grants-inaid and other means to initiate, 

maintain, and expand nonprofit food 

service programs for children or adult 

participants in non-residential 

institutions which provide care. The 

program is intended to provide aid to 

child and adult participants and family 

or group day care homes for the 

provision of nutritious foods that 

contribute to the wellness, healthy 

growth, and development of young 

children, and the health and wellness of 

older adults and chronically impaired 

disabled persons. 

■ 9. In § 226.2, add definitions of Tofu 

and Whole grains in alphabetical order 

to read as follows: 

§ 226.2 Definitions. 

* * * * * 

Tofu means a commercially prepared 

soy-bean derived food, made by a 

process in which soybeans are soaked, 

ground, mixed with water, heated, 

filtered, coagulated, and formed into 

cakes. Basic ingredients are whole 

soybeans, one or more food-grade 

coagulates (typically a salt or an acid), 

and water. Tofu must conform to FNS 

guidance to count towards the meat/

meat alternates component. 

* * * * * 

Whole grains means foods that consist 

of the intact, ground, cracked, or flaked 

grain seed whose principal anatomical 

components—the starchy endosperm, 

germ and bran—are present in the same 

relative proportions as they exist in the 

intact grain seed. Whole grain-rich 

products must conform to FNS guidance 

to count towards the grain component. 

* * * * * 

■ 10. In § 226.7, revise paragraph (m) to 

read as follows: 

§ 226.7 State agency responsibilities for 

financial management. 

* * * * * 

(m) Financial management system. (1) 

Each State agency shall establish a 

financial management system in 

accordance with 7 CFR parts 3015, 

3016, and 3019, as applicable, and FNS 

guidance to identify allowable Program 

costs, and establish standards for 

institutional recordkeeping and 

reporting. These standards: 

(i) Prohibit claiming reimbursement 

for meals provided by a participant’s 

family, except as authorized by 

§§ 226.18(e), 226.20(b)(2), and 226.20(g); 

and 

(ii) Allow the cost of meals served to 

adults who perform necessary food 

service labor under the Program, except 

in day care homes. 

(2) The State agency shall provide 

guidance on financial management 

requirements to each institution. 

■ 11. Revise § 226.20 to read as follows: 

§ 226.20 Requirements for meals. 

(a) Meal components. Except as 

otherwise provided in this section, each 

meal served in the Program must 

contain, at a minimum, the indicated 

food components: 

(1) Fluid milk. Fluid milk as a 

beverage or on cereal, or used in part for 

each purpose, as follows: 

(i) Children 1 year old. Children one 

year of age must be served only 

unflavored whole milk. 

(ii) Children 2 years and older. 

Children two years and older must be 

served either unflavored low-fat (1 

percent) or unflavored fat-free (skim) or 

flavored fat-free (skim) milk. 

(iv) Adults. Adults must be served 

either unflavored low-fat (1 percent) or 

unflavored fat-free (skim) or flavored 

fat-free (skim) milk. Six ounces (weight) 

or 3⁄4 cup (volume) of yogurt may be 

used to fulfill the equivalent of 8 ounces 

of fluid milk, not more than once per 

day. 

(2) Vegetables. A serving may contain 

fresh, frozen, or canned vegetables, dry 

beans and peas (legumes), or vegetable 

juice. All vegetables are credited based 

on their volume as served, except that 

1 cup of leafy greens count as 1⁄2 cup of 

vegetables. Pasteurized, full-strength 

vegetable juice may be used to fulfill the 

requirement. Fruit juices and vegetable 

juices may not be served at the same 

meal. Cooked dry beans or dry peas may 

be used as either a vegetable or a meat 

alternate, but not both, in the same 

meal. 

(3) Fruits. A serving may contain 

fresh, frozen, or dried fruits or fruit 

juice. All fruits are credited based on 

their volume as served, except that 1⁄4

cup of dried fruit counts as 1⁄2 cup of 

fruit. Pasteurized, full-strength fruit 

juice may be used to fulfill the 

requirement. Fruit juices and vegetable 

juices may not be served at the same 

meal. 

(4) Grains. At a minimum, at least one 

serving per day, across all eating 

occasions of bread, cereals, and grains, 

must be whole-grain or whole-grain 

rich. Grain-based desserts do not count 

towards meeting the grains requirement. 

(i) Breakfast cereals. Breakfast cereals 

are those as defined by FDA in 21 CFR 

170.3(n)(4) for ready-to-eat and instant 

and regular hot cereals. Breakfast cereals 

must conform to the requirements of the 

WIC program as outlined in 

§ 246.10(e)(12). 

(ii) All other grains. A serving must be 

made with enriched or whole grain meal 

or flour, in accordance with FNS 

guidance. A serving may contain whole 

grain, whole grain-rich, or enriched 

bread; or cornbread, biscuits, rolls, 

muffins, and other bread products made 

with whole grain or enriched meal or 

flour; or whole grain or enriched or 

fortified cereal; or cooked whole grain 

or enriched pasta or noodle products, 

such as macaroni; or cereal grains, such 

as rice, bulgur, or corn grits; or any 

combination of these foods. 

(5) Meat and meat alternates. (i) The 

creditable quantity of meat/meat 

alternates must be the edible portion as 

served of lean meat, poultry or fish; 

alternate protein products; or cheese; or 

an egg; or cooked dry beans or peas; or 

peanut butter; or any combination of 

these foods. Meat/meat alternates must 

be served in a main dish, or in a main 

dish and one other menu item, to meet 

this requirement. 

(ii) Nuts and seeds. Nuts and seeds 

and their butters are allowed as meat 

alternates in accordance with FNS 

guidance. Acorns, chestnuts, and 

coconuts may not be used because of 

their low protein and iron content. Nut 

and seed meals or flours may be used 

only if they meet the requirements for 

alternate protein products established in 

Appendix A to this part. For lunch and 

supper meals, nuts or seeds may be used 

to meet no more than one-half (50 

percent) of the meat/meat alternates 

component. They must be combined 

with other meat/meat alternates to meet 

the full requirement for a reimbursable 

lunch or supper. 

(iii) Yogurt. Yogurt may be used to 

meet all or part of the meat/meat 

alternates component. Yogurt may be 

plain or flavored, unsweetened or 

sweetened. Noncommercial or nonstandardized yogurt products, such as 

frozen yogurt, drinkable yogurt 

products, homemade yogurt, yogurt 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
2056 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

flavored products, yogurt bars, yogurt 

covered fruits or nuts, or similar 

products are not creditable. Four ounces 

(weight) or 1⁄2 cup (volume) of yogurt 

equals one ounce of the meat/meat 

alternates requirement. For adults, six 

ounces (weight) or 3⁄4 cup (volume) of 

yogurt may be used to fulfill the 

equivalent of 8 oz. of fluid milk, no 

more than once per day. 

(iv) Tofu and soy products. 

Commercial tofu and soy products may 

be used to meet all or part of the meat/ 

meat alternates component in 

accordance with FNS guidance and 

Appendix A to this part. Noncommercial and/or non-standardized 

tofu and soy products cannot be used. 

(v) Beans and peas (legumes). Cooked 

dry beans and peas may be used to meet 

all or part of the meat/meat alternates 

component. Beans and peas may be 

used as the meat alternate or as part of 

the vegetable component, but not both, 

in the same meal. Beans and peas 

include foods such as black beans, 

garbanzo beans, lentils, kidney beans, 

mature lima beans, navy beans, pinto 

beans, and split peas. 

(vi) Other meat alternates. Other meat 

alternates, such as cheese, eggs, and nut 

butters may be used to meet all or part 

of the meat/meat alternate component in 

accordance with FNS guidance. 

(b) Infant meals—(1) Feeding meals to 

infants. Reimbursable meals served to 

infants ages birth through 11 months 

must meet the requirements described 

in this paragraph. Foods included in the 

infant meal must be of a texture and a 

consistency that are appropriate for the 

age and development of the infant being 

served. The foods must be served during 

a span of time consistent with the 

infant’s eating habits. For those infants 

whose dietary needs are more 

individualized, exceptions to the meal 

pattern must be made in accordance 

with the requirements found in 

paragraph (h) of this section. 

(2) Breastmilk and iron-fortified 

formula. Either breastmilk or ironfortified infant formula, or portions of 

both, must be served for the entire first 

year. A facility that enrolls formula-fed 

infants must offer at least one type of 

iron-fortified infant formula, which the 

parent (or guardian) may either accept, 

or choose to decline and supply the 

infant’s formula instead. Meals 

containing breastmilk and meals 

containing iron-fortified infant formula, 

supplied by the facility or by the parent 

(or guardian), are eligible for 

reimbursement. Meals in which a 

mother directly breastfeeds her child at 

the child care facility are also eligible 

for reimbursement. For infants 6 months 

and older, a meal is only reimbursable 

when the facility supplies at least two 

components of the infant’s meal. 

(3) Solid foods. The introduction of 

solid foods may begin at the age of six 

months, as developmentally 

appropriate. The facility should consult 

with the infant’s parent (or guardian) in 

making the decision to introduce solid 

foods. Solid foods of an appropriate 

texture and consistency should be 

introduced one at a time on a gradual 

basis with the intent of ensuring the 

infant’s health and nutritional wellbeing. 

(4) Infant meal pattern. Infant meals 

must have, at a minimum, each of the 

food components indicated, in the 

amount that is appropriate for the 

infant’s age. For some infants who 

regularly consume less than the 

minimum amount of breastmilk or ironfortified infant formula per feeding, a 

serving of less than the minimum 

amount of breastmilk or infant formula 

may be offered. In these situations, 

additional breastmilk or infant formula 

must be offered at a later time if the 

infant will consume more. Meals may 

include portions of breastmilk and ironfortified infant formula as long as the 

total number of ounces meets, or 

exceeds, the minimum amount required 

of this food component. 

(i) Birth through 5 months. Only 

breastmilk or iron-fortified formula is 

required to meet the infant’s nutritional 

needs. 

(A) Breakfast—4 to 6 fluid ounces of 

breastmilk or iron-fortified infant 

formula. 

(B) Lunch or supper—4 to 6 fluid 

ounces of breastmilk or iron-fortified 

infant formula. 

(C) Snack—4 to 6 fluid ounces of 

breastmilk or iron-fortified infant 

formula. 

(ii) 6 through 11 months. Breastmilk 

or iron-fortified formula is required. 

Solid foods of an appropriate texture 

and consistency are required as 

developmentally appropriate. Meals are 

reimbursable when facilities provide all 

of the components in the meal pattern 

that the infant is developmentally ready 

to accept. 

(A) Breakfast, lunch, or supper—6 to 

8 fluid ounces of breastmilk or ironfortified infant formula; and 1 to 4 

tablespoons of iron-fortified dry infant 

cereal meat, fish, poultry, egg yolk, 

cooked dry beans, or cooked dry peas; 

and 1 to 2 tablespoons of vegetable fruit, 

or portions of both. Fruit and vegetable 

juices may not be served. 

(B) Snack—2 to 4 fluid ounces of 

breastmilk or iron-fortified infant 

formula; and 1⁄4 to 1⁄2 ounce bread, 

crackers, or ready-to-eat breakfast 

cereals; and 1 to 2 tablespoons of 

vegetable or fruit, or portions of both. 

Fruit and vegetable juices may not be 

served. A serving of grains must be 

whole grain, whole grain-rich, enriched 

meal, or enriched flour. 

(5) Infant meal pattern table. The 

minimum amounts of food components 

to serve to infants, as described in 

paragraph (b)(4) of this section, are: 

Infants Birth through 5 months 6 through 11 months 

Breakfast, Lunch, or Supper 4–6 fluid ounces breastmilk 1 or formula 2 ...................... 6–8 fluid ounces breastmilk 1 or formula 2. 

1–4 tablespoons infant cereal 2 meat, fish, poultry, egg 

yolk, cooked dry beans, or cooked dry peas, or a 

combination of the above. 

1–2 tablespoons vegetable 3 or fruit 3 or a combination 

of both. 

Snack ................................... 2–4 fluid ounces breastmilk 1 or formula 2 ...................... 2–4 fluid ounces breastmilk 1 or formula 2. 1⁄4–1⁄2 ounce bread,4 cracker 4, or ready-to-eat breakfast cereal 4. 

1–2 tablespoons vegetable 3 or fruit 3 or a combination 

of both. 

1Breastmilk or formula, or portions of both, may be served; however, it is recommended that breastmilk be served in place of formula from 

birth through 11 months. For some breastfed infants who regularly consume less than the minimum amount of breastmilk per feeding, a serving 

of less than the minimum amount of breastmilk may be offered with additional breastmilk offered at a later time if the infant will consume more. 2 Infant formula and dry infant cereal must be iron-fortified. 

3Fruit or vegetable, or portions of both, may be served. Fruit and vegetable juices may not be served. 

4A serving of grains must be whole grain, whole grain-rich, enriched meal, or enriched flour. 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2057 

(c) Meal patterns for children ages 1 

through 18 and adult participants. 

Facilities must serve the food 

components and quantities specified in 

the following meal pattern for children 

ages 1 through 2, 3 through 5, 6 through 

12, 13 through 18, and adult 

participants in order to qualify for 

reimbursement. 

(1) Breakfast. Fluid milk, vegetables 

and/or fruit, and grains are required 

components of the breakfast meal. Meat/ 

meat alternate may be used to meet no 

more than one-half (fifty percent) of the 

grains requirement. The minimum 

amounts of food components to be 

served at breakfast are as follows: 

BREAKFAST MEAL PATTERN FOR CHILDREN AND ADULT PARTICIPANTS

Food Components and Food Items 1 Ages 1–2 Ages 3–5 Ages 6–12 Ages 13–18 Adult 

Minimum quantities 

Fluid milk 2 ........................................... 4 fluid ounces ...... 6 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces. 

Vegetables, fruits, or portions of both 3 1⁄4 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1⁄2 cup. 

Grains 4 5: 

Whole grain or enriched bread .... 1⁄2 slice ................. 1⁄2 slice ................. 1 slice ................... 1 slice ................... 2 slices. 

Whole grain or enriched bread 

product, such as biscuit, roll, 

muffin.

1⁄2 serving ............. 1⁄2 serving ............. 1 serving .............. 1 serving .............. 2 servings. 

Whole grain, enriched or fortified 

Cereal 6, cereal grain, and/or 

pasta.

1⁄4 cup .................. 1⁄4 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1 cup. 

1 Must serve all three components for a reimbursable meal. Offer versus serve is an option for only adult and at-risk participants. 2 Must be unflavored whole milk for children age one. Multiple options related to flavored milk are presented for public comment for children 

age 2 years and older. For adult participants, 6 ounces (weight) or 3⁄4 cup (volume) of yogurt may be used to meet the equivalent of 8 ounces of 

fluid milk no more than once per day. 3Pasteurized full-strength juice may be used to meet the requirement. Fruit and vegetable juices may not be served at the same meal. 4At least one serving per day, across all eating occasions, must be whole grain or whole grain-rich. Grain-based desserts do not count towards meeting the grains requirement. 5 Meat/meat alternates may be used to meet up to 50 percent of the grains requirement. One ounce of meat/meat alternates is equivalent to 

one cup/serving of grains. 6Breakfast cereals must conform to the requirements of the WIC program as outlined in 7 CFR 246.10(e)(12). 

(2) Lunch and supper. The minimum 

amounts of food components to be 

served as lunch or supper are as follows: 

LUNCH AND SUPPER MEAL PATTERN FOR CHILDREN AND ADULT PARTICIPANTS

Food Components and Food Items 1 Ages 1–2 Ages 3–5 Ages 6–12 Ages 13–18 Adult 

Minimum quantities 

Fluid milk 2 ........................................... 4 fluid ounces ...... 6 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces.3

Meat/meat alternates.

Edible portion as served: 

Lean meat, poultry, or fish ........... 1 ounce ................ 11⁄2 ounces ........... 2 ounces .............. 2 ounces .............. 2 ounces. 

Tofu, soy products, or alternate 

protein products 4.

1 ounce ................ 11⁄2 ounces ........... 2 ounces .............. 2 ounces .............. 2 ounces. 

Cheese ......................................... 1 ounce ................ 11⁄2 ounces ........... 2 ounces .............. 2 ounces .............. 2 ounces. 

Large egg ..................................... 1⁄2 ......................... 3⁄4 ......................... 1 ........................... 1 ........................... 1. 

Cooked dry beans or peas .......... 1⁄4 cup .................. 3⁄8 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1⁄2 cup. 

Peanut butter or soy nut butter or 

other nut or seed butters.

2 Tbsp .................. 3 Tbsp .................. 4 Tbsp .................. 4 Tbsp .................. 4 Tbsp. 

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

cup.

6 ounces or 3⁄4

cup.

8 ounces or 1 cup 8 ounces or 1cup 8 ounces or 1cup. 

The following may be used to meet 

no more than 50 percent of the requirement: 

Peanuts, soy nuts, tree nuts, or 

seeds, as listed in program 

guidance, or an equivalent 

quantity of any combination of 

the above meat/meat alternates (1 ounce of nuts/seeds = 

1 ounce of cooked lean meat, 

poultry or fish).

1⁄2 ounce = 50% ... 3⁄4 ounce = 50% ... 1 ounce = 50% .... 1 ounce = 50% .... 1 ounce = 50%. 

Vegetables 5 ........................................ 1⁄8 cup .................. 1⁄4 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1⁄2 cup. 

Fruits 5 ................................................. 1⁄8 cup .................. 1⁄4 cup .................. 1⁄4 cup .................. 1⁄4 cup .................. 1⁄2 cup. 

Grains 6: 

Whole grain or enriched bread .... 1⁄2 slice ................. 1⁄2 slice ................. 1 slice ................... 1 slice ................... 2 slices. 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
2058 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

LUNCH AND SUPPER MEAL PATTERN FOR CHILDREN AND ADULT PARTICIPANTS—Continued 

Food Components and Food Items 1 Ages 1–2 Ages 3–5 Ages 6–12 Ages 13–18 Adult 

Minimum quantities 

Whole grain or enriched bread 

product, such as biscuit, roll, 

muffin.

1⁄2 serving ............. 1⁄2 serving ............. 1 serving .............. 1 serving .............. 2 servings. 

Whole grain, enriched or fortified 

Cereal 7, cereal grain, and/or 

pasta.

1⁄4 cup .................. 1⁄4 cup .................. 1⁄2 cup .................. 1⁄2 cup .................. 1 cup. 

1 Must serve all five components for a reimbursable meal. ‘‘Offer versus serve’’ is an option for only adult and at-risk participants. 2 Must be unflavored whole milk for children age one. Multiple options related to flavored milk are presented for public comment for children 

age 2 years and older. For adult participants, 6 ounces (weight) or 3⁄4 cup (volume) of yogurt may be used to meet the equivalent of 8 ounces of 

fluid milk no more than once per day. 3A serving of fluid milk is optional for suppers served to adult participants. 

4Alternate protein products must meet the requirements in Appendix A to part 226. 

5Pasteurized full-strength juice may be used to meet the requirement. Fruit and vegetable juices may not be served at the same meal. 6At least one serving per day, across all eating occasions, must be whole grain or whole grain-rich. Grain-based desserts do not count towards meeting the grains requirement. 7Breakfast cereals must conform to the requirements of the WIC program as outlined in 7 CFR 246.10(e)(12). 

(3) Snack. Select two of the following 

five components. Fruit juice, vegetable 

juice, and milk may comprise no more 

than one component of the snack. The 

minimum amounts of food components 

to be served as snack as set forth in this 

paragraph are as follows: 

SNACK MEAL PATTERN FOR CHILDREN AND ADULT PARTICIPANTS

Food Components and Food Items 1 Ages 1–2 Ages 3–5 Ages 6–12 Ages 13–18 Adult 

Minimum quantities 

Fluid milk 2 3 ......................................... 4 fluid ounces ...... 4 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces ...... 8 fluid ounces. 

Meats/meat alternates.

Edible portion as served: 

Lean meat, poultry, or fish ........... 1⁄2 ounce .............. 1⁄2 ounce .............. 1 ounce ................ 1 ounce ................ 1 ounce. 

Tofu, soy products, or alternate 

protein products 4.

1⁄2 ounce .............. 1⁄2 ounce .............. 1 ounce ................ 1 ounce ................ 1 ounce. 

Cheese ......................................... 1⁄2 ounce .............. 1⁄2 ounce .............. 1 ounce ................ 1 ounce ................ 1 ounce. 

Large egg ..................................... 1⁄2 ......................... 1⁄2 ......................... 1⁄2 ......................... 1⁄2 ......................... 1⁄2. 

Cooked dry beans or peas .......... 1⁄8 cup .................. 1⁄8 cup .................. 1⁄4 cup .................. 1⁄4 cup .................. 1⁄4 cup. 

Peanut butter or soy nut butter or 

other nut or seed butters.

1 Tbsp .................. 1 Tbsp .................. 2 Tbsp .................. 2 Tbsp .................. 2 Tbsp. 

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

cup.

2 ounces or 1⁄4

cup.

4 ounces or 1⁄2

cup.

4 ounces or 1⁄2

cup.

4 ounces or 1⁄2

cup. 

Peanuts, soy nuts, tree nuts, or 

Seeds.

1⁄2 ounce .............. 1⁄2 ounce .............. 1 ounce ................ 1 ounce ................ 1 ounce. 

Vegetables 3 ........................................ 1⁄2 cup .................. 1⁄2 cup .................. 3⁄4 cup .................. 3⁄4 cup .................. 1⁄2 cup. 

Fruits 3 ................................................. 1⁄2 cup .................. 1⁄2 cup .................. 3⁄4 cup .................. 3⁄4 cup .................. 1⁄2 cup. 

Grains 5: 

Whole grain or enriched bread .... 1⁄2 slice ................. 1⁄2 slice ................. 1 slice ................... 1 slice ................... 1 slice. 

Whole grain or enriched bread 

product, such as biscuit, roll, 

muffin.

1⁄2 serving ............. 1⁄2 serving ............. 1 serving .............. 1 serving .............. 1 serving. 

Whole grain, enriched or fortified 

Cereal 6, cereal grain, and/or 

pasta.

1⁄4 cup .................. 1⁄3 cup .................. 3⁄4 cup .................. 3⁄4 cup .................. 3⁄4 cup. 

1Select two of the five components for a reimbursable snack. Only one of the two components may be a beverage. 

2 Must be unflavored whole milk for children age one. Multiple options related to flavored milk are presented for public comment for children 

age 2 years and older. For adult participants, 6 ounces (weight) or 3⁄4 cup (volume) of yogurt may be used to meet the equivalent of 8 ounces of 

fluid milk no more than once per day. 3Only one beverage (fluid milk, vegetable juice or fruit juice) may be served. Pasteurized full-strength juice must be used to meet the requirement. 4Alternate protein products must meet the requirements in Appendix A to part 226. 

5At least one serving per day, across all eating occasions, must be whole grain or whole grain-rich. Grain-based desserts do not count towards meeting the grains requirement. 6Breakfast cereals must conform to the requirements of the WIC program as outlined in 7 CFR 246.10(e)(12). 

(d) Food preparation. Frying may not 

be used as a method of onsite 

preparation for foods served as part of 

the reimbursable meal. Foods that have 

been pre-fried, flash-fried, or par-fried 

by the manufacturer may be served but 

must be heated by a method other than 

frying. 

(e) Best practices. Facilities willing to 

go further in providing healthier options 

may follow the best practices, as 

outlined below, when serving meals and 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 2059 

snacks. Best practices are suggestions 

only and may not be required to be 

followed in order to receive 

reimbursement for the meal nor may 

noncompliance with the best practice 

standards be used as a serious 

deficiency finding (§ 226.6(c) of this 

part) or as the basis for other 

disciplinary actions for homes or 

centers. 

(1) Infants. Facilities should support 

mothers who choose to breastfeed their 

infants by encouraging mother to supply 

breastmilk for their infants while in day 

care and providing a quiet, private area 

for mothers who come to day care 

facility to breastfeed. 

(2) Fruits and vegetables. Facilities 

should: 

(i) Limit the consumption of fruit 

juice to no more than one serving per 

day for children one and older. 

(ii) Make at least one of the two 

required components of snack a fruit or 

a vegetable. 

(iii) Limit fried and pre-fried foods to 

no more than one serving per week, 

across all eating occasions. 

(iv) Provide at least one serving each 

of dark green vegetables, red/orange 

vegetables, and legumes once per week. 

(3) Grains. Facilities should: 

(i) Provide at least two servings of 

whole grain-rich grains per day. 

(ii) Serve breakfast cereals that 

contain no more than 6 grams of sugar 

per serving. 

(4) Milk. Facilities should serve only 

unflavored milk to all participants. 

(5) Meat and meat alternates. 

Facilities should: 

(i) Serve only lean meats, nuts, and 

legumes. 

(ii) Limit the service of processed 

meats to no more than once per week, 

across all eating occasions. 

(iii) Limit the service of fried and prefried foods to no more than one serving 

per week, across all eating occasions. 

(iv) Serve only natural cheeses. 

(f) Temporary unavailability of milk. 

If emergency conditions prevent an 

institution normally having a supply of 

milk from temporarily obtaining milk 

deliveries, the State agency may 

approve the service of breakfasts, 

lunches, or suppers without milk during 

the emergency period. 

(g) Continuing unavailability of milk. 

The inability of an institution to obtain 

a supply of milk on a continuing basis 

should not bar it from participation in 

the Program. In such cases, the State 

agency may approve service of meals 

without milk, provided that an 

equivalent amount of canned, whole dry 

or fat-free dry milk is used in the 

preparation of the components of the 

meal set forth in paragraphs (a)(1) 

through (3) of this section. 

(h) Statewide substitutions. In 

American Samoa, Puerto Rico, Guam, 

and the Virgin Islands, the following 

variations from the meal requirements 

are authorized: a serving of a starchy 

vegetable, such as yams, plantains, or 

sweet potatoes may be substituted for 

the grains requirements. 

(i) Individual substitutions. For 

substitutions due to medical reasons 

(not reaching the level of a disability) or 

special dietary needs, a parent or 

guardian may supply up to one 

component of the reimbursable meal, so 

long as the facility provides the 

remaining components. 

(1) Fluid milk substitutions. Nondairy fluid milk substitutions may be 

provided for non-disabled children with 

medical or special dietary needs so long 

as requests are submitted in writing 

from the child’s parent or guardian or 

the adult participant. The non-dairy 

beverage(s) must provide the nutrients 

listed in the following table. Milk 

substitutions must be fortified in 

accordance with fortification guidelines 

issued by the Food and Drug 

Administration. 

Nutrient Per cup 

Calcium ..................... 276 mg. 

Protein ....................... 8 g. 

Vitamin A ................... 500 IU. 

Vitamin D .................. 100 IU. 

Magnesium ................ 24 mg. 

Phosphorus ............... 222 mg. 

Potassium ................. 349 mg. 

Riboflavin .................. 0.44 mg. 

Vitamin B-12 ............. 1.1 mcg. 

(2) Food substitutions—(i) Food 

substitutions for disability reasons. 

Substitutions must be made for foods 

listed in paragraphs (b) and (c) of this 

section for individual participants who 

are considered to have a disability 

under 7 CFR 15b.3 and whose disability 

restricts their diet. Substitutions must 

be made on a case-by-case basis only 

when supported by a statement from a 

licensed physician that includes 

recommended alternate foods, unless 

otherwise exempted by FNS. 

(ii) Food substitutions for nondisability reasons. Substitutions may be 

made for foods listed in paragraphs (b) 

and (c) of this section for individual 

participants without disabilities who 

cannot consume the regular meal 

because of medical or special dietary 

needs. Substitutions may be made on a 

case-by-case basis only when supported 

by a statement from a recognized 

medical authority that includes 

recommended alternate foods, unless 

otherwise exempted by FNS. 

(j) Special variations. FNS may 

approve variations in the food 

components of the meals on an 

experimental or a continuing basis in 

any institution where there is evidence 

that such variations are nutritionally 

sound and are necessary to meet ethnic, 

religious, economic, or physical needs. 

(k) Meal planning. Institutions should 

plan for and order meals on the basis of 

current participation trends, with the 

objective of providing only one meal per 

participant at each meal service. 

Records of participation and of ordering 

or preparing meals should be 

maintained to demonstrate positive 

action toward this objective. In 

recognition of the fluctuation in 

participation levels which makes it 

difficult to estimate precisely the 

number of meals needed and to reduce 

the resultant waste, any excess meals 

that are ordered may be served to 

participants and may be claimed for 

reimbursement, unless the State agency 

determines that the institution has 

failed to plan and prepare or order 

meals with the objective of providing 

only one meal per participant at each 

meal service. 

(l) Time of meal service. State 

agencies may require any institution or 

facility to allow a specific amount of 

time to elapse between meal services or 

require that meal services not exceed a 

specified duration. 

(m) Sanitation. Institutions should 

ensure that in storing, preparing, and 

serving food, proper sanitation and 

health standards are met which conform 

with all applicable State and local laws 

and regulations. Institutions should 

ensure that adequate facilities are 

available to store food or hold meals. 

(n) Donated commodities. Institutions 

should efficiently use in the Program 

any foods donated by the Department 

and accepted by the institution. 

(o) Family-style meal service. Familystyle is a type of meal service which 

allows children to serve themselves 

from common platters of food with the 

assistance of supervising adults. 

Facilities choosing to exercise this 

option must be in compliance with the 

following practices: 

(1) A sufficient amount of prepared 

food must be placed on each table to 

provide the full required portions of 

each of the food components, as 

outlined in paragraphs (c)(1) and (2) of 

this section, for all children at the table 

and to accommodate supervising 

adult(s) if they eat with the children. 

(2) Children must self-serve the meal 

components, with the exception of 

fluids (milk, juice, etc). During the 

course of the meal, it is the 

responsibility of the supervising adults 

to actively encourage each child to serve 

themselves the full required portion for 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
2060 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Proposed Rules 

each food component of the meal 

pattern. Supervising adults who choose 

to serve the fluids directly to the 

children must serve the required 

minimum quantity to each child. 

(3) Institutions which use family-style 

meal service may not claim second 

meals for reimbursement. 

(p) Offer versus serve. (1) Each adult 

day care center and at-risk after school 

program must offer its participants all of 

the required food servings as set forth in 

paragraph (c)(1)(i) and (ii) of this 

section. However, at the discretion of 

the adult day care center or at-risk 

afterschool program, participants may 

be permitted to decline: 

(i) For adults: (A) One of the four food 

items (one serving of milk, one serving 

of fruit and/or vegetable, and two 

servings of grains or grain alternate and/ 

or meat/meat alternate) required at 

breakfast; 

(B) Two of the six food items (one 

serving of milk, one servings of 

vegetable, one serving of fruit, two 

servings of grain or grain alternate, and 

one serving of meat or meat alternate) 

required at lunch; and 

(C) Two of the five food items (one 

serving of vegetables, one serving of 

fruit, two servings of grain or grain 

alternate, and one serving of meat or 

meat alternate) required at supper. 

(ii) For children participating in atrisk after school programs: Two of the 

five food items (one serving of 

vegetables, one serving of fruits, one 

serving of grain or grain alternate, one 

serving of meat or meat alternate, and 

one serving of fluid milk) required at 

supper. 

(2) In pricing programs, the price of a 

reimbursable meal must not be affected 

if an adult participant declines a food 

item. 

(q) Prohibition on using food as a 

punishment or reward. Meals served 

under this part must contribute to the 

development and socialization of 

children by providing food that is not 

used as a punishment or reward. 

(r) Sugar limitations—(1) Flavored 

milk for children 2 through 4 years—(i) 

Alternative A1. The service of flavored 

milk to children 2 through 4 years of age 

is prohibited; or 

(ii) Alternative A2. To be creditable as 

part of a reimbursable meal under 

paragraph (a)(1) of this section, flavored 

milk served to children 2 through 4 

years of age must contain no more than 

22 grams of sugar per 8 fluid ounce 

serving. 

(2) Flavored milk for children 5 years 

and older—(i) Alternative B1. To be 

creditable as part of a reimbursable meal 

under paragraph (a)(1) of this section, 

flavored milk served must contain no 

more than 22 grams of sugar per 8 fluid 

ounce serving; or 

(ii) Alternative B2. Facilities willing 

to go further in providing healthier 

options may follow the best practices as 

outlined under paragraph (e) of this 

section, which may include limiting the 

sugar in flavored milk to no more than 

22 grams per 8 fluid ounce serving. 

(3) Yogurt for all age groups—(i) 

Alternative C1. To be creditable as part 

of a reimbursable under paragraph 

(a)(1)(iv) or (a)(5) of this section, yogurt 

served must contain no more than 30 

grams of sugar per 6 ounce serving; or 

(ii) Alternative C2. Facilities willing 

to go further in providing healthier 

options may follow the best practices as 

outlined under paragraph (e) of this 

section, which may include limiting the 

sugar in yogurt to no more than 30 

grams per 6 ounce serving. 

■ 12. In § 226.25 add paragraph (i) to 

read as follows: 

§ 226.25 Other provisions. 

* * * * * 

(i) Water availability. A child care 

facility must make potable drinking 

water available to children upon their 

request, throughout the day. 

Dated: January 8, 2015. 

Kevin W. Concannon, 

Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. 2015–00446 Filed 1–14–15; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 900, 1150, 1160, 1205, 

1206, 1207, 1208, 1209, 1210, 1212, 

1214, 1215, 1216, 1217, 1218, 1219, 

1220, 1221, 1222, 1230, 1250, 1260, and 

1280 

[Document Number AMS–FV–14–0032] 

Exemption of Organic Products From 

Assessment Under a Commodity 

Promotion Law 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Extension of comment period. 

SUMMARY: Notice is hereby given that 

the comment period on proposed 

modifications to the organic assessment 

exemption regulations under 23 Federal 

marketing orders and 22 research and 

promotion programs is extended until 

February 17, 2015. The proposed rule 

would expand the organic assessment 

exemption to cover all ‘‘organic’’ and 

‘‘100 percent organic’’ products certified 

under the National Organic Program 

regardless of whether the person 

requesting the exemption also produces, 

handles, markets, or imports 

conventional or nonorganic products. 

The authority for this proposal is in 

section 10004 of the Agricultural Act of 

2014. 

DATES: Comments must be received by 

February 17, 2015. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

must be sent to the Docket Clerk, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

Internet: http://www.regulations.gov. All 

comments should reference the 

document number and the date and 

page number of this issue and the 

December 16, 2014, issue of the Federal 

Register. Comments will be included in 

the record and made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

can be viewed at: http://

www.regulations.gov. Please be advised 

that the identity of the individuals or 

entities submitting the comments will 

be made public on the Internet at the 

address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent, Senior Marketing 

Specialist, or Michelle Sharrow, Branch 

Chief, Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938; or email: 

Barry.Broadbent@ams.usda.gov, or 

Michelle.Sharrow@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: A 

proposed rule was published in the 

Federal Register on December 16, 2014 

(79 FR 75006). The proposed rule would 

expand the organic assessment 

exemption, currently only available to 

entities that produce or market solely 

100 percent organic products, to cover 

all ‘‘organic’’ and ‘‘100 percent organic’’ 

products certified under the National 

Organic Program regardless of whether 

the person requesting the exemption 

also produces, handles, markets, or 

imports conventional or nonorganic 

products. The action is authorized by 

the Agricultural Act of 2014. The 

comment period established in the 

proposed rule closes January 15, 2015. 

USDA received comments from 

affected programs and industry 

members requesting that the comment 

period be extended beyond January 15, 

2015. The comments expressed concern 

that the original December 16 to January 


rljohnson on DSK3VPTVN1PROD with PROPOSALS