National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program and Summer Food Service Program for Children: Meat Alternates Used in the Child Nutrition Programs

Proposed Rules

Federal Register

________________________________________________________________________

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Rules

DEPARTMENT OF AGRICULTURE

Food and Consumer Service

7 CFR Parts 210, 220, 225 and 226

RIN 0584-AC15

National School Lunch Program, School Breakfast Program, Child

and Adult Care Food Program and Summer Food Service Program for

Children: Meat Alternates Used in the Child Nutrition Programs

AGENCY: Food and Consumer Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Food and Consumer Service of the Department of Agriculture

is proposing to amend regulations concerning the meal pattern

requirements for the National School Lunch Program (NSLP), School

Breakfast Program (SBP), Summer Food Service Program (SFSP) and Child

and Adult Care Food Program (CACFP) to allow yogurt to be credited as a

meat alternate for all meals. Currently, yogurt may only be credited as

a meat alternate for the supplement (snack) meal patterns of the SFSP

and CACFP. Under this proposal, four ounces of yogurt would satisfy one

ounce of the meat/meat alternate requirement for breakfasts and lunches

served under any of the Child Nutrition Programs. This proposal

responds to numerous recommendations for additional meat alternates and

provides local food service operations with greater flexibility in

planning and preparing meals using low-fat meat alternates.

DATES: To be assured of consideration, comments must be postmarked on

or before August 19, 1996.

ADDRESSES: Comments may be mailed to Robert M. Eadie, Chief, Policy and

Program Development Branch, Child Nutrition Division, Food and Consumer

Service, USDA, 3101 Park Center Drive, Alexandria, Virginia 22302.

FOR FURTHER INFORMATION CONTACT: Robert M. Eadie or Charles Heise at

the above address or by telephone at 703-305-2620.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

gust 19, 1996.

ADDRESSES: Comments may be mailed to Robert M. Eadie, Chief, Policy and

Program Development Branch, Child Nutrition Division, Food and Consumer

Service, USDA, 3101 Park Center Drive, Alexandria, Virginia 22302.

FOR FURTHER INFORMATION CONTACT: Robert M. Eadie or Charles Heise at

the above address or by telephone at 703-305-2620.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed rule has been determined to be not significant for

purposes of Executive Order 12866 and therefore has not been reviewed

by the Office of Management and Budget.

Regulatory Flexibility Act

This proposed rule has been reviewed with regard to the

requirements of the Regulatory Flexibility Act (5 U.S.C. 601 through

612). The Administrator of the Food and Consumer Service (FCS) has

certified that this rule will not have a significant economic impact on

a substantial number of small entities. This rule provides greater

flexibility to schools, institutions and homes participating in the

NSLP, SBP, SFSP and CACFP rather than imposing more restrictive

requirements upon them. The overall types and frequency of service of

foods used in the meals served in these four programs would not be

significantly affected by this rule. Currently, yogurt may be served as

an additional, uncredited food which is used to complement meal pattern

requirements to meet regional and ethnic food preferences and as a meat

alternate only in the supplement meal patterns of the CACFP and the

SFSP.

Catalog of Federal Assistance

The NSLP, SBP, SFSP and the CACFP are listed in the Catalog of

Federal Domestic Assistance under Nos. 10.555, 10.553, 10.559 and

10.558, respectively, and are subject to the provisions of Executive

Order 12372, which requires intergovernmental consultation with State

and local officials. (7 CFR Part 3015, Subpart V and final rule-related

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

Executive Order 12778

he CACFP are listed in the Catalog of

Federal Domestic Assistance under Nos. 10.555, 10.553, 10.559 and

10.558, respectively, and are subject to the provisions of Executive

Order 12372, which requires intergovernmental consultation with State

and local officials. (7 CFR Part 3015, Subpart V and final rule-related

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

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. This proposed rule is intended to have preemptive

effect with respect to any State or local laws, regulations or policies

which conflict with its provisions or which would otherwise impede its

full implementation. This proposed rule is not intended to have

retroactive effect unless so specified in the ``Effective Date''

section of this preamble. Prior to any judicial challenge to the

provisions of this proposed rule or the application of the provisions,

all applicable administrative procedures must be exhausted. In the NSLP

and SBP, the administrative procedures are set forth under the

following regulations: (1) school food authority appeals of State

agency findings as a result of an administrative review must follow

State agency hearing procedures as established pursuant to 7 CFR

Secs. 210.18(q) and 220.14(e); (2) school food authority appeals of FCS

findings as a result of an administrative review must follow FCS

hearing procedures as established pursuant to 7 CFR Secs. 210.30(d)(3)

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

Expense fund sanctions (7 CFR Sec. 235.11(b)) must follow the FCS

Administrative Review Process as established pursuant to 7 CFR

Sec. 235.11(f)

4(e); (2) school food authority appeals of FCS

findings as a result of an administrative review must follow FCS

hearing procedures as established pursuant to 7 CFR Secs. 210.30(d)(3)

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

Expense fund sanctions (7 CFR Sec. 235.11(b)) must follow the FCS

Administrative Review Process as established pursuant to 7 CFR

Sec. 235.11(f). In the SFSP, (1) Program sponsors and food service

management companies must follow State agency hearing procedures issued

pursuant to 7 CFR 225.13; and (2) disputes involving procurement by

State agencies and sponsors must follow administrative appeal

procedures to the extent required by 7 CFR 225.17 and 7 CFR Part 3015.

In the CACFP, (1) institution appeal procedures are set forth in 7 CFR

226.6(k); and (2) disputes involving procurement by State agencies and

institutions must follow administrative appeal procedures to the extent

required by 7 CFR 226.22 and 7 CFR Part 3015.

Information Collection

This proposed rule contains no new information collection

requirements which are subject to review by the Office of Management

and Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C.

Chapter 35). The programs being amended are approved by OMB under the

following control numbers: NSLP, 0584-0006; SBP, 0584-0012; SFSP, 0584-

0280; and CACFP, 0584-0055.

Background

Sections 9(a), 13(f) and 17(g) of the National School Lunch Act (42

U.S.C. 1758(a); 1761(f); and 1766(g) and Section 4(e)(1)(A) of the

Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)(A)) require the

Secretary of Agriculture to set minimum nutritional requirements

by OMB under the

following control numbers: NSLP, 0584-0006; SBP, 0584-0012; SFSP, 0584-

0280; and CACFP, 0584-0055.

Background

Sections 9(a), 13(f) and 17(g) of the National School Lunch Act (42

U.S.C. 1758(a); 1761(f); and 1766(g) and Section 4(e)(1)(A) of the

Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)(A)) require the

Secretary of Agriculture to set minimum nutritional requirements

for meals and supplements served in the Child Nutrition Programs. The

Department meets these requirements by requiring the use of menu

planning alternatives for lunches and breakfasts designed to enable

these meals, over time, to provide approximately one-third and one-

fourth of the Recommended Dietary Allowances (RDA) for key nutrients,

respectively. Although SFSP and CACFP meal patterns are not designed to

satisfy a particular percentage of daily required nutrients, the

program requirements are designed to provide nutritious and well-

balanced meals and supplements.

On June 13, 1995, the Department published a final rule (60 FR

31188) to update the nutrition standards for the school meals programs

and to provide local schools with a variety of menu planning systems to

choose from in meeting these standards. Under the School Meals

Initiative for Healthy Children, beginning in School Year 1996/1997,

school lunches must provide over a week's time one-third of the RDA for

key nutrients as well as one-third of the Recommended Energy Intake

(calories) needed by children (7 CFR 210.10(b)(1) and (2)). The meals

must also comply with the recommendations of the 1990 Dietary

Guidelines for Americans, including limits on calories from fat (no

more than 30 percent of total calories) and saturated fat (less than 10

percent of total calories) (42 U.S.C. 1758(f); 7 CFR 210.10(b)(3)).

Breakfasts must provide one-fourth of the RDA and calories and meet the

recommendations of the Dietary Guidelines (7 CFR 220.8(a))

also comply with the recommendations of the 1990 Dietary

Guidelines for Americans, including limits on calories from fat (no

more than 30 percent of total calories) and saturated fat (less than 10

percent of total calories) (42 U.S.C. 1758(f); 7 CFR 210.10(b)(3)).

Breakfasts must provide one-fourth of the RDA and calories and meet the

recommendations of the Dietary Guidelines (7 CFR 220.8(a)).

The updated regulations also provide school meal planners with

various menu planning options: Nutrient Standard Menu Planning

(NuMenus), Assisted Nutrient Standard Menu Planning (Assisted NuMenus)

and a food-based system. Subsequent to publication of the updated

regulation, section 2 of Public Law 104-149, the Healthy Meals for

Children Act, provided for additional food-based alternatives. The

Department will discuss the effects of this law when it issues guidance

for implementation.

Since NuMenus and Assisted NuMenus require that schools analyze the

nutrient content of meals rather than consider specific food

components, the crediting rules applicable to meal patterns are no

longer relevant for these meal planning options. As long as the

nutrition standards are achieved, meal planners have wide latitude in

determining the foods they will serve and the size of the portions.

Crediting rules continue to be necessary under any food-based systems,

however, to ensure that all components are available to children in

sufficient quantities to meet all of the nutrition standards. The

nutrition requirements and NuMenus and Assisted NuMenus options of the

School Meals Initiative for Healthy Children are not currently

applicable to meals and supplements served in the SFSP or CACFP.

Crediting of Yogurt

e necessary under any food-based systems,

however, to ensure that all components are available to children in

sufficient quantities to meet all of the nutrition standards. The

nutrition requirements and NuMenus and Assisted NuMenus options of the

School Meals Initiative for Healthy Children are not currently

applicable to meals and supplements served in the SFSP or CACFP.

Crediting of Yogurt

One long-standing crediting issue involves the appropriate use of

yogurt in the Child Nutrition Programs' meal patterns. In 1981 (46 FR

44452, September 4, 1981), in response to requests from program

participants (principally child care providers) and the food industry,

the Department proposed that yogurt be allowed, at local option, to

meet either the milk or meat/meat alternate requirement in the Child

Nutrition Programs. This proposed provision, which was included as part

of a larger proposed rulemaking dealing with crediting issues,

generated responses from over 1,000 commenters, many of whom were

concerned about sugar content, cost, acceptability and the lower iron

levels in yogurt relative to other meat alternates. Ultimately, the

Department decided to withdraw the entire proposed rulemaking (46 FR

48688, October 2, 1981).

The issue of yogurt resurfaced in 1985 when a proposed rule (50 FR

49933, December 6, 1985) to allow certain nuts and seeds (and any nut

or seed butter) to be credited as meat alternates also solicited

comments on crediting yogurt as a meat alternate. In part, the

Department requested comments on this program modification for a second

time due to findings that the use of yogurt as or in main dish items

was becoming increasingly popular in the diets of various segments of

the population. That proposal requested comments on recommendations to

permit plain or flavored yogurt, but not frozen yogurt. The Department

stated that frozen yogurt was most commonly used as a dessert and,

therefore, should not be allowed as a meat alternate (50 FR 49935)

s that the use of yogurt as or in main dish items

was becoming increasingly popular in the diets of various segments of

the population. That proposal requested comments on recommendations to

permit plain or flavored yogurt, but not frozen yogurt. The Department

stated that frozen yogurt was most commonly used as a dessert and,

therefore, should not be allowed as a meat alternate (50 FR 49935).

The Department received 56 comments on this issue, 82 percent of

which were in favor of allowing yogurt as a meat alternate in meals

served in Child Nutrition Programs. However, while commenters were

generally in favor of yogurt, some expressed the opinion that only

``plain'' yogurt should be allowed. The consensus opinion was that

yogurt would be a nutritious addition to the meat alternates

(comparable to cheese and cottage cheese) and a good source of calcium

for lactose intolerant children while providing variety and flexibility

to meals.

The commenters who were against allowing yogurt as a meat alternate

were concerned about the nutritional equivalency of yogurt to meat

(especially for iron) and the prevalence of sweetened yogurt. Several

of these commenters suggested that yogurt might be more appropriate as

a supplement item. Also, some commenters mentioned that yogurt is

generally considered an alternative to milk as opposed to meat. The

Department concluded that the responses to the 1985 proposal did not

provide any new nutritional data or sufficient support for allowing

yogurt as a meat alternate, and the decision was made to continue

studying the issue.

The issue of yogurt's potential role in Child Nutrition Program

meal patterns was not revisited again until 1989 when final regulations

were published (54 FR 27151, June 28, 1989) to allow yogurt to be

credited as a meat alternate for supplements in the CACFP and the SFSP

or sufficient support for allowing

yogurt as a meat alternate, and the decision was made to continue

studying the issue.

The issue of yogurt's potential role in Child Nutrition Program

meal patterns was not revisited again until 1989 when final regulations

were published (54 FR 27151, June 28, 1989) to allow yogurt to be

credited as a meat alternate for supplements in the CACFP and the SFSP.

The Department limited the crediting of yogurt to snacks because of

findings that yogurt was less appropriate as a meat alternate in other

meals due to the sugar content of the majority of the yogurt products,

the likelihood of decreased fluid milk consumption when yogurt was

served in meals which required milk as a beverage, and yogurt's

inherently low iron content (54 FR 27152).

Since the 1989 rulemaking, the Department has continued to receive

requests from Program participants and the food industry to allow

yogurt as a creditable food for other meals. Most recently, the

Department received a number of comments on the proposed rules to

implement the School Meals Initiative for Healthy Children urging that

yogurt be authorized as a meat alternate in the food-based menu

planning systems. In response to these comments, the Department stated

in the preamble to the June 13, 1995, rule (60 FR 31206) that it would

consider a future rulemaking on the role of yogurt in the Child

Nutrition Programs.

Nutrition Issues

It is important to emphasize that yogurt made with lowfat milk can

offer a low fat, low cholesterol source of protein and carbohydrates,

while providing high levels of calcium, riboflavin and phosphorous.

In addition, the increasing popularity of yogurt (the per capita

consumption in the United States has increased over 100% during the

past decade) makes it an attractive addition to the meal

It is important to emphasize that yogurt made with lowfat milk can

offer a low fat, low cholesterol source of protein and carbohydrates,

while providing high levels of calcium, riboflavin and phosphorous.

In addition, the increasing popularity of yogurt (the per capita

consumption in the United States has increased over 100% during the

past decade) makes it an attractive addition to the meal

patterns for administrators and participants in the Child Nutrition

Programs. The addition of yogurt as a meat/meat alternate may increase

participation in programs and would certainly provide variety in the

meal patterns while providing another non-meat option. Yogurt is also

an excellent source of calcium for lactose intolerant individuals.

Yogurt with active cultures is one of the few calcium-rich foods that

is easily digested by most children. Finally, yogurt is an easy food to

serve in that no preparation is needed; it comes pre-packaged. There

are, however, several issues that need to be recognized.

Lower levels of some key nutrients--Yogurt is inherently low in two

essential nutrients, iron and niacin, generally provided by the meat/

meat alternate component. Yogurt, like other dairy products, is

nutritionally inferior to meat or bread in these nutrients.

Nevertheless, the Department recognizes that cheese and most of the

fish used as a meat/meat alternate in the NSLP are also not major

sources of iron. The crediting of an additional dairy product as a

meat/meat alternate in the meal pattern may further reduce the iron

level in the meals unless care is taken in menu planning or a nutrient

analysis performed.

While recognizing these deficiencies, the Department is proposing

that 4 ounces of flavored or unflavored yogurt be credited as 1 ounce

of meat alternate in the NSLP, SBP, SFSP and CACFP. For example, under

the enhanced food-based menu planning alternative (Sec

meal pattern may further reduce the iron

level in the meals unless care is taken in menu planning or a nutrient

analysis performed.

While recognizing these deficiencies, the Department is proposing

that 4 ounces of flavored or unflavored yogurt be credited as 1 ounce

of meat alternate in the NSLP, SBP, SFSP and CACFP. For example, under

the enhanced food-based menu planning alternative (Sec. 210.10(k)),

schools could serve 8 ounces of yogurt to fulfill the total 2 ounce

meat/meat alternate requirement for children in grades 7-12 for lunch,

or they might wish to use a 4 ounce portion of yogurt (one-half the

meat/meat alternate requirement) served with a sandwich, hearty soup or

salad which would have to contain a 1 ounce equivalent portion of a

meat/meat alternate. For a school breakfast, 4 ounces of yogurt might

be served to fulfill the 1 ounce meat/meat alternate for grades K-12.

Used in these ways, yogurt could provide food service managers with

additional variety of foods in their menus that would reflect changing

food consumption habits and recognize the diversity of regional,

cultural and ethnic food preferences.

Consumption of fluid milk--The Department has some concerns about

the effects of yogurt service on fluid milk consumption. Fluid milk

consumption could decrease if both milk and yogurt are served in the

same meal. While another dairy food, cheese, has been allowed to be

credited as a meat alternate for years, it is more likely to be

consumed with fluid milk due to organoleptic differences. In a case

study: Yogurt Introduction in Michigan in Public Schools, published in

August 1991 by the Michigan Milk Producers Association, 120 students

were observed in order to assess the willingness of the students to

select and consume yogurt and the effects that choice would have on the

selection of other NSLP items. Fifty-three percent chose milk, 49

percent chose yogurt and only 2 percent chose both

tudy: Yogurt Introduction in Michigan in Public Schools, published in

August 1991 by the Michigan Milk Producers Association, 120 students

were observed in order to assess the willingness of the students to

select and consume yogurt and the effects that choice would have on the

selection of other NSLP items. Fifty-three percent chose milk, 49

percent chose yogurt and only 2 percent chose both.

Cost--Cost is also a consideration for programs that might choose

to serve yogurt as a meat/meat alternate. In the Michigan study cited

above, one of the objectives was to assess the willingness of food

service directors to place yogurt on the menu as an alternate to milk.

School district participation was much lower than anticipated by the

research team. In the initial survey, 29 schools indicated a

willingness to be included in the study. After contact with each

school, only seven actually participated. The cost of serving yogurt

was the reason schools gave for their inability and refusal to

participate.

Conclusion

The Department wishes to stress that yogurt is being proposed as a

meat/meat alternate in response to numerous requests from food service

professionals and participants for increased flexibility in menu

planning and to meet regional and ethnic food preferences. There are

numerous products and formulations available in the yogurt market, and

some may be more appropriately utilized as a meat alternate than

others. The Department is aware that many of the yogurt products that

could satisfy the regulatory requirements as the meat/meat alternate

portion of the meal are actually more like dessert items. In proposing

this rule, the Department fully expects that schools and institutions

will exercise good judgment in the type of yogurt products selected

appropriately utilized as a meat alternate than

others. The Department is aware that many of the yogurt products that

could satisfy the regulatory requirements as the meat/meat alternate

portion of the meal are actually more like dessert items. In proposing

this rule, the Department fully expects that schools and institutions

will exercise good judgment in the type of yogurt products selected.

Finally, this proposed rule applies only to commercially prepared

products which meet the Standard of Identity for yogurt as established

by the Food and Drug Administration in the Code of Federal Regulations

for yogurt, lowfat yogurt and nonfat yogurt, 21 CFR 131.200, 21 CFR

131.203 and 21 CFR 131.206, respectively. As in the 1989 final rule

permitting yogurt as a meat alternate for snacks in the SFSP and CACFP,

the Department's proposal does not apply to noncommercial and/or

nonstandardized yogurt products, such as frozen yogurt, homemade

yogurt, yogurt flavored products, yogurt bars, yogurt covered fruit

and/or nuts or similar products.

List of Subjects

7 CFR Part 210

Food assistance programs, National School Lunch Program, Commodity

School Program, Grants programs-social programs, Nutrition, Children,

Reporting and recordkeeping requirements, Surplus agricultural

commodities.

7 CFR Part 220

Food assistance programs, School Breakfast Program, Grants

programs-social programs, Nutrition, Children, Reporting and

recordkeeping requirements.

7 CFR Part 225

Food assistance programs, Grant programs--health, infants and

children, Reporting and Recordkeeping requirements.

7 CFR Part 226

Day care, Food assistance programs, Grant programs--health, infants

and children, Surplus agricultural commodities.

Accordingly, the Department proposes to amend 7 CFR Part 210, 220,

225 and 226 as follows:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

1. The authority citation for Part 210 continues to read as

follows:

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

ping requirements.

7 CFR Part 226

Day care, Food assistance programs, Grant programs--health, infants

and children, Surplus agricultural commodities.

Accordingly, the Department proposes to amend 7 CFR Part 210, 220,

225 and 226 as follows:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

1. The authority citation for Part 210 continues to read as

follows:

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

2. In Sec. 210.2 a new definition for Yogurt is added in

alphabetical order to read as follows:

Sec. 210.2 Definitions.

* * * * *

Yogurt means commercially prepared coagulated milk products

obtained by the fermentation of specific bacteria, that meet milk fat

or milk solid requirements and to which flavoring foods or ingredients

may be added. These products are covered by the Food and Drug

Administration's Standard of Identity for yogurt, lowfat yogurt, and

nonfat yogurt, 21 CFR 131.200, 21 CFR 131.203, 21 CFR 131.206,

respectively.

3. In Sec. 210.10

a. the meat or meat alternate section in the first column of the

table in paragraph (k)(2) is amended by adding a new entry for yogurt

after the entry for ``Peanut Butter or other nut or seed butters'';

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

c. paragraph (n)(3)(iv) is amended by removing the words ``in the

snack only''

from the first sentence of footnote 4 in the ``Meal Supplement Chart

for Children''.

The additions read as follows:

Sec. 210.10 Nutrition standards for lunches and menu planning methods.

* * * * *

Meat Alternate (quantity of

the edible portion as served). * *

*

Yogurt, plain or flavored, 4 oz. or \1/2\ cup.... 6 oz. or \3/4\ cup.... 8 oz. or 1 cup....... 8 oz. or 1 cup....... 6 oz. or \3/4\ cup.

unsweetened or sweetened.

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

(3) * * *

(iii) Yogurt may be used to meet all or part of the meat/meat

alternate requirement. Yogurt served may be either plain or flavored,

unsweetened or sweetened. Noncommercial and/or nonstandardized yogurt

products, such as frozen yogurt, homemade yogurt, yogurt flavored

products, yogurt bars, yogurt covered fruit and/or nuts or similar

products shall not be credited. Four ounces (weight) or \1/2\ cup

(volume) of yogurt fulfills the equivalent of one ounce of the meat/

meat alternate requirement in the meal pattern.

* * * * *

4. In Sec. 210.10a:

a. the meat or meat alternate section in the first column of the

table in paragraph (c) is amended by adding a new entry for yogurt

after the entry for ``Peanut Butter or other nut or seed butters'';

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

c. paragraph (j)(3) is amended by removing the words ``in the snack

only'' from the first sentence of footnote 4 in the ``Meal Supplement

Chart for Children.''

The additions read as follows:

Sec. 210.10a Lunch components and quantities for the meal pattern.

* * * * *

entry for yogurt

after the entry for ``Peanut Butter or other nut or seed butters'';

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

c. paragraph (j)(3) is amended by removing the words ``in the snack

only'' from the first sentence of footnote 4 in the ``Meal Supplement

Chart for Children.''

The additions read as follows:

Sec. 210.10a Lunch components and quantities for the meal pattern.

* * * * *

(c) Minimum required lunch quantities. * * *

School Lunch Pattern--Per Lunch Minimums

--------------------------------------------------------------------------------------------------------------------------------------------------------

Minimum quantities Recommended

---------------------------------------------------------------------------------------------------------------------------------- quantities: Group V,

Group 1, ages 1-2, Group II, ages 3-4 Group III, ages 5-8 Group IV, age 9 and 12 years and older (7-

Food components and food items (preschool) (Preschool) (K-3) older (4-12) 12)

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Meat or Meat Alternate (quantity of

the edible portion as served): * *

*

Yogurt, plain or flavored, 4 oz. or \1/2\ cup.... 6 oz. or \3/4\ cup.... 6 oz. or \3/4\ cup... 8 oz. or 1 cup....... 12 oz. or 1\1/2\ cup.

unsweetened or sweetened.

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Meat Alternate (quantity of

the edible portion as served): * *

*

Yogurt, plain or flavored, 4 oz. or \1/2\ cup.... 6 oz. or \3/4\ cup.... 6 oz. or \3/4\ cup... 8 oz. or 1 cup....... 12 oz. or 1\1/2\ cup.

unsweetened or sweetened.

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

(d) Lunch components. * * *

(2) Meat or meat alternate. * * *

(iii) Yogurt may be used to meet all or part of the meat/meat

alternate requirement. Yogurt served may be either plain or flavored,

unsweetened or sweetened. Noncommercial and/or nonstandardized yogurt

products, such as frozen yogurt, homemade yogurt, yogurt flavored

products, yogurt bars, yogurt covered fruit and/or nuts or similar

products shall not be credited. Four ounces (weight) or \1/2\ cup

(volume) of yogurt fulfills the equivalent of one ounce of the meat/

meat alternate requirement in the meal pattern.

* * * * *

PART 220--SCHOOL BREAKFAST PROGRAM

1. The authority citation for Part 220 continues to read as

follows:

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

2. In Sec. 220.2 a new paragraph (bb) is added to read as follows:

Sec. 220.2 Definitions

* * * * *

(bb) Yogurt means commercially prepared coagulated milk products

obtained by the fermentation of specific bacteria, that meet milk fat

or milk solid requirements and to which flavoring foods or ingredients

may be added. These products are covered by the Food and Drug

Administration's Standard of Identity for yogurt, lowfat yogurt, and

nonfat yogurt, 21 CFR 131.200, 21 CFR 131.203, 21 CFR 131.206,

respectively.

3. In Sec. 220.8, the meat or meat alternate section in the first

column of the table in paragraph (g)(2) is amended by adding a new

entry for yogurt after the entry for ``Nut and/or seeds'' to read as

follows:

Sec. 220.8 Nutrition standards for breakfast and menu planning

alternatives.

* * * * *

wfat yogurt, and

nonfat yogurt, 21 CFR 131.200, 21 CFR 131.203, 21 CFR 131.206,

respectively.

3. In Sec. 220.8, the meat or meat alternate section in the first

column of the table in paragraph (g)(2) is amended by adding a new

entry for yogurt after the entry for ``Nut and/or seeds'' to read as

follows:

Sec. 220.8 Nutrition standards for breakfast and menu planning

alternatives.

* * * * *

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

(2) Minimum quantities. * * *

----------------------------------------------------------------------------------------------------------------

Minimum Quantities Required For

--------------------------------------------------------------------------------------------- Option for grades

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

----------------------------------------------------------------------------------------------------------------

* * * * * *

Meat or Meat Alternates * * *

Yogurt, plain or flavored, 2 oz. or \1/4\ cup 2 oz. or \1/4\ cup 4 oz. or \1/4\ cup 4 oz. or \1/2\

unsweetened or sweetened. cup.

----------------------------------------------------------------------------------------------------------------

* * * * *

4. In Sec. 220.8a, the meat or meat alternate section in the first

column of the table in paragraph (a)(2) is amended by adding a new

entry for yogurt after the entry for ``Nuts and/or seeds'' to read as

follows:

Sec. 220.8a Breakfast components and quantities for the meal pattern.

-----------------------------------------------------------------------------------------------------

* * * * *

4. In Sec. 220.8a, the meat or meat alternate section in the first

column of the table in paragraph (a)(2) is amended by adding a new

entry for yogurt after the entry for ``Nuts and/or seeds'' to read as

follows:

Sec. 220.8a Breakfast components and quantities for the meal pattern.

(a) * * *

(2) * * *

School Breakfast Pattern

[Required minimum serving sizes]

----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------

* * * * * *

Meat/Meat Alternates: * * *

Yogurt, plain or flavored, 2 oz. or \1/4\ cup..... 2 oz. or \1/4\ cup..... 4 oz. or \1/2\ cup

unsweetened or sweetened.

----------------------------------------------------------------------------------------------------------------

* * * * *

PART 225--SUMMER FOOD SERVICE PROGRAM

1. The authority citation for Part 225 continues to read as

follows:

Authority: Sec. 9, 13 and 14, National School Lunch Act, as

amended (42 U.S.C. 1758, 1761 and 1762a).

2. In Sec. 225.16.

a. the Meat and Meat Alternates (Optional) section of the table in

paragraph (d)(1) is amended by adding the word ``or'' and a new entry

for yogurt after the entry for ``Peanut Butter or an equivalent

quantity of any combination of meat/meat alternate'';

b. the Meat and Meat Alternates section of the table in paragraph

(d)(2) is amended by adding the word ``or'' and a new entry for yogurt

after the entry for ``Peanuts or soynuts or tree nuts or seed''.

The additions read as follows:

Sec. 225.16 Meal service requirements.

* * * * *

gurt after the entry for ``Peanut Butter or an equivalent

quantity of any combination of meat/meat alternate'';

b. the Meat and Meat Alternates section of the table in paragraph

(d)(2) is amended by adding the word ``or'' and a new entry for yogurt

after the entry for ``Peanuts or soynuts or tree nuts or seed''.

The additions read as follows:

Sec. 225.16 Meal service requirements.

* * * * *

(d) * * *

Breakfast

(1) * * *

------------------------------------------------------------------------

Food components Minimum amount

------------------------------------------------------------------------

* * * * *

Meat and Meat Alternates (Optional) * * 4 oz. or \1/2\ cup.

* or Yogurt, plain or flavored,

unsweetened or sweetened

------------------------------------------------------------------------

* * * * *

Lunch or Supper

(2) * * *

------------------------------------------------------------------------

Food components Minimum amount

------------------------------------------------------------------------

Meat and Meat Alternates * * * or 8 oz. or 1 cup.

Yogurt, plain or flavored, unsweetened

or sweetened.

* * * * *

------------------------------------------------------------------------

* * * * *

PART 226--CHILD AND ADULT CARE FOOD PROGRAM

1. The authority citation for Part 226 continues to read as

follows:

Authority: Secs. 9, 11, 14, 16, and 17, National School Lunch

Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 1765 and 1766).

2. In Sec. 226.20:

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

b. the Meat and Meat Alternates sections in the first column of the

tables in paragraphs (c)(2) and (c)(3) are amended by adding the word

``or'' and a new entry for yogurt after the entries for ``Peanuts or

soynuts or tree nuts or seeds;''

c. paragraph (d)(1) is amended by adding a semicolon and the words

``or 4 oz of yogurt;'' after the words ``peanut butter''.

The additions read as follows:

Sec. 226.20 Requirements for meals.

ns in the first column of the

tables in paragraphs (c)(2) and (c)(3) are amended by adding the word

``or'' and a new entry for yogurt after the entries for ``Peanuts or

soynuts or tree nuts or seeds;''

c. paragraph (d)(1) is amended by adding a semicolon and the words

``or 4 oz of yogurt;'' after the words ``peanut butter''.

The additions read as follows:

Sec. 226.20 Requirements for meals.

(a) * * *

(2) * * *

(ii) * * *

(C) Yogurt may be used to meet all or part of the meat/meat

alternate requirement. Yogurt served may be either plain or flavored,

unsweetened or sweetened. Noncommercial and/or nonstandardized yogurt

products, such as frozen yogurt, homemade yogurt, yogurt flavored

products, yogurt bars, yogurt covered fruit and/or nuts or similar

products shall not be credited. Four ounces (weight) or 1/2 cup

(volume) of yogurt fulfills the equivalent of one ounce of the meat/

meat alternate requirement in the meal pattern.

* * * * *

(c) * * *

Lunch

(2) * * *

----------------------------------------------------------------------------------------------------------------

Age 6 through 12 Adult Participants

Food Components Age 1 and 2 Age 3 through 5 \1\ \9\

----------------------------------------------------------------------------------------------------------------

* * * * * *

Meat and Meat Alternates or 4 oz. or \1/2\ cup 6 oz. or \3/4\ cup 8 oz. or 1 cup.... 8 oz. or 1 cup.

Yogurt, plain or flavored,

unsweetened or sweetened

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

* * * * *

------------------------------------------------------------------------------------

* * * * * *

Meat and Meat Alternates or 4 oz. or \1/2\ cup 6 oz. or \3/4\ cup 8 oz. or 1 cup.... 8 oz. or 1 cup.

Yogurt, plain or flavored,

unsweetened or sweetened

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

* * * * *

(3) * * *

Supper

----------------------------------------------------------------------------------------------------------------

Children ages 1 Children ages 3 Children ages 6

Food components and 2 through 5 through 12 \1\ Adult participants

----------------------------------------------------------------------------------------------------------------

Meat and Meat Alternates or 4 oz. or \1/2\ cup 6 oz. or \3/4\ cup 8 oz. or 1 cup.... 8 oz. or 1 cup.

Yogurt, plain or flavored,

unsweetened or sweetened

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

* * * * *

Dated: June 27, 1996.

William E. Ludwig,

Administrator, Food and Consumer Service.

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

BILLING CODE 3410-30-P