Delayed Implementation of Grains Ounce Equivalents in the Child and Adult Care Food Program

Published date01 July 2019
Citation84 FR 31227
Record Number2019-13733
SectionProposed rules
CourtFood And Nutrition Service
Federal Register, Volume 84 Issue 126 (Monday, July 1, 2019)
[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
                [Proposed Rules]
                [Pages 31227-31232]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-13733]
                ========================================================================
                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                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.
                ========================================================================
                Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed
                Rules
                [[Page 31227]]
                DEPARTMENT OF AGRICULTURE
                Food and Nutrition Service
                7 CFR Parts 210, 220, and 226
                [FNS-2019-0005]
                RIN 0584-AE65
                Delayed Implementation of Grains Ounce Equivalents in the Child
                and Adult Care Food Program
                AGENCY: Food and Nutrition Service (FNS), USDA.
                ACTION: Proposed rule.
                -----------------------------------------------------------------------
                SUMMARY: This action proposes to delay, from October 1, 2019 until
                October 1, 2021, the implementation date of the ``ounce equivalents''
                requirement for crediting grains served in the Child and Adult Care
                Food Program (CACFP). The final rule, Child and Adult Care Food
                Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free
                Kids Act of 2010, published at 81 FR 24347 on April 25, 2016, specified
                that meal planners must use ounce equivalents to determine the amount
                of creditable grain served as part of a reimbursable meal or snack. The
                new implementation date would allow more time for FNS to develop
                additional technical assistance materials and for State agencies and
                sponsoring organizations to provide training and technical assistance
                to make compliance easier for meal planners nationwide.
                DATES: Written comments must be received on or before July 31, 2019 to
                be assured of consideration.
                ADDRESSES: FNS invites interested persons to submit written comments on
                this proposed rule. Comments may be submitted in writing by one of the
                following methods:
                 Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
                comments.
                 Mail: Send comments to Community Meals Branch, Policy and
                Program Development Division, USDA Food and Nutrition Service, 3101
                Park Center Drive, Alexandria, Virginia 22302.
                 All written comments submitted in response to this proposed 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. FNS will make the written comments
                publicly available via http://www.regulations.gov.
                FOR FURTHER INFORMATION CONTACT: Andrea Farmer, Chief, Community Meals
                Branch, Policy and Program Development Division, USDA Food and
                Nutrition Service, 703-305-2590.
                SUPPLEMENTARY INFORMATION:
                Background
                 The final rule, Child and Adult Care Food Program: Meal Pattern
                Revisions Related to the Healthy, Hunger-Free Kids Act of 2010,
                published at 81 FR 24347 on April 25, 2016, specified that grains must
                be credited using ``ounce equivalents.'' Historically, meal planners at
                day care homes and centers in CACFP have credited grains served as part
                of a reimbursable meal or snack based on household measures, such as
                cups or ``servings'' of breads and other grain-based foods. The ounce
                equivalents provision would bring CACFP in line with the National
                School Lunch and School Breakfast Programs, as well as the technical
                measurement approach reflected in the Dietary Guidelines for Americans.
                 To make compliance easier, particularly as State agencies and local
                partners were focused on implementing more significant aspects of the
                meal pattern rule, FNS initially delayed implementation of the ounce
                equivalents provision until October 1, 2019. However, even with the
                additional time, input from stakeholders--including public comments
                received through a request for information, Food Crediting in Child
                Nutrition Programs, published at 82 FR 58792 on February 14, 2017--has
                convinced FNS that meal planners may not be universally ready to
                effectively implement the ounce equivalents requirement by October of
                this year without additional training and resources. Confusion over the
                implementation of ounce equivalents amongst some meal planners has
                generated fears about meal disallowances and meal documentation
                requirements, which may discourage day care homes and centers from
                participating in CACFP. FNS believes that additional training and
                technical assistance will be needed to provide meal planners with the
                tools they need to more easily implement this provision.
                 Accordingly, FNS is proposing a delay of implementation of the
                ounce equivalents requirement until October 1, 2021. Corresponding
                changes would be made to the infant meal pattern tables at 7 CFR
                210.10(o), 210.10(q), 220.8(p), and 226.20(c); preschool meal pattern
                tables at 7 CFR 210.10(o), 210.10(p), and 220.8(o); and meal pattern
                tables for children and adult participants at 226.20(c). The new
                implementation date would allow more time for FNS to continue to
                develop additional technical assistance materials to better support
                providers. By proposing a two-year extension, State agencies and
                sponsoring organizations should have adequate time to use these
                materials to provide training and technical assistance to make
                compliance easier for meal planners nationwide. This proposed action is
                consistent with our efforts to provide excellent customer service as we
                work with State and local partners to ensure high quality, nutritious
                meals for children and adult participants in CACFP.
                Procedural Matters
                Executive Orders 12866 and 13563
                 Executive Orders 12866 and 13563 direct agencies to assess all
                costs 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 costs and
                benefits, reducing costs, harmonizing rules, and promoting flexibility.
                This proposed rule has been determined to be not significant and was
                not reviewed by the Office of Management and Budget (OMB).
                Regulatory Flexibility Act
                 The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires Agencies
                to analyze the impact of rulemaking on small entities and consider
                alternatives
                [[Page 31228]]
                that would minimize any significant impacts on a substantial number of
                small entities. The FNS Administrator has certified that this proposed
                rule will not have a significant economic impact on a substantial
                number of small entities. This rule allows meal planners additional
                time to receive training and technical assistance and additional time
                for State agencies and sponsoring organizations to facilitate
                implementation of the new requirement. While this rule will affect
                State agencies, sponsoring organizations, and day care homes and
                centers, any economic effect will not be significant.
                Executive Order 13771
                 Executive Order 13771 directs agencies to reduce regulation and
                control regulatory costs and provides that the cost of planned
                regulations be prudently managed and controlled through a budgeting
                process. This proposed rule is not expected to be an Executive Order
                13771 regulatory action because it is not significant under Executive
                Order 12866.
                Unfunded Mandates Reform Act
                 Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public
                Law 104-4, establishes requirements for Federal agencies to assess the
                effects of their regulatory actions on State, local, and tribal
                governments, and the private sector. Under section 202 of UMRA, FNS
                generally must prepare a written statement, including a cost-benefit
                analysis, for proposed and final rules with ``Federal mandates'' that
                may result in expenditures to State, local, or tribal governments in
                the aggregate, or to the private sector, of $100 million or more in any
                one year. When such a statement is needed for a rule, section 205 of
                UMRA generally requires FNS to identify and consider a reasonable
                number of regulatory alternatives and adopt the least costly, more
                cost-effective or least burdensome alternative that achieves the
                objectives of the rule. This proposed rule contains no Federal
                mandates, under the regulatory provisions of title II of UMRA, for
                State, local, and tribal governments, or the private sector, of $100
                million or more in any one year. Therefore, this rule is not subject to
                the requirements of sections 202 and 205 of UMRA.
                Executive Order 12372
                 CACFP is listed in the Assistance Listings under the Catalog of
                Federal Domestic Assistance Number 10.558 and is subject to Executive
                Order 12372, which requires intergovernmental consultation with State
                and local officials. Since the Child Nutrition Programs are State-
                administered, FNS has formal and informal discussions with State and
                local officials, including representatives of Indian Tribal
                Organizations, on an ongoing basis regarding CACFP requirements and
                operation. This provides FNS with the opportunity to receive regular
                input from State administrators and local CACFP operators, which
                contributes to the development of feasible requirements.
                Federalism Summary Impact Statement
                 Executive Order 13132 requires Federal agencies to consider the
                impact of their regulatory actions on State and local governments.
                Where such 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 13132. FNS has
                determined that this proposed rule does not have federalism
                implications. This rule does not impose substantial or direct
                compliance costs on State and local governments. Therefore, under
                section 6(b) of the Executive Order, a federalism summary is not
                required.
                Executive Order 12988
                 This proposed rule has been reviewed under Executive Order 12988,
                Civil Justice Reform. This rule is not 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 rule is not intended to have
                retroactive effect. Prior to any judicial challenge to the application
                of the provisions of this rule, all applicable administrative
                procedures must be exhausted.
                Civil Rights Impact Analysis
                 FNS has reviewed this proposed rule in accordance with USDA
                Regulation 4300-4, Civil Rights Impact Analysis, to identify and
                address any major civil rights impacts the rule might have on
                minorities, women, and persons with disabilities. After a careful
                review of the rule's intent and provisions, FNS has determined that
                this rule is not expected to limit or reduce the ability of protected
                classes of individuals to participate as CACFP operators or as
                recipients of CACFP meal benefits. FNS also does not expect this rule
                to have any disparate impacts on CACFP operators by protected classes
                of individuals.
                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. FNS anticipates that this
                action would have no significant cost and no major increase in
                regulatory burden on tribal organizations.
                Paperwork Reduction Act
                 The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35 and 5 CFR
                1320, requires OMB to approve all collections of information by a
                Federal agency 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. This proposed rule contains
                information collections that have been approved by OMB under control
                number 0584-0055. This rule does not add any new information collection
                requirements.
                E-Government Act Compliance
                 FNS is committed to complying with the E-Government Act, to promote
                the use of the internet and other information technologies to provide
                increased opportunities for citizen access to Government information
                and services, and for other purposes.
                List of Subjects
                7 CFR Part 210
                 Grant programs--education, Grant programs--health, Infants and
                children, Nutrition, Penalties, Reporting and recordkeeping
                requirements, School breakfast and lunch programs, Surplus agricultural
                commodities.
                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
                [[Page 31229]]
                recordkeeping requirements, Surplus agricultural commodities.
                 Accordingly, 7 CFR parts 210, 220 and 226 are amended as follows:
                PART 210--NATIONAL SCHOOL LUNCH PROGRAM
                0
                1. The authority citation for part 210 continues to read as follows:
                 Authority: 42 U.S.C. 1751-1760, 1779.
                0
                2. In Sec. 210.10, revise the tables in paragraphs (o)(3)(ii),
                (o)(4)(ii), (p)(2), and (q)(2) to read as follows:
                Sec. 210.10 Meal requirements for lunches and requirements for
                afterschool snacks.
                * * * * *
                 (o) * * *
                 (3) * * *
                 (ii) * * *
                 Preschool Snack Meal Pattern
                ----------------------------------------------------------------------------------------------------------------
                 Minimum quantities
                 Food components and food items 1 --------------------------------------------------------------------
                 Ages 1-2 Ages 3-5
                ----------------------------------------------------------------------------------------------------------------
                Fluid Milk 2............................... 4 fluid ounces................... 4 fluid ounces.
                Meat/meat alternates (edible portion as
                 served):
                 Lean meat, poultry, or fish............ \1/2\ ounce...................... \1/2\ ounce.
                 Tofu, soy products, or alternate \1/2\ ounce...................... \1/2\ ounce.
                 protein products 4.
                 Cheese................................. \1/2\ ounce...................... \1/2\ ounce.
                 Large egg.............................. \1/2\............................ \1/2\.
                 Cooked dry beans or peas............... \1/8\ cup........................ \1/8\ cup.
                 Peanut butter or soy nut butter or 1 Tbsp........................... 1 Tbsp.
                 other nut or seed butters.
                 Yogurt, plain or flavored unsweetened 2 ounces or \1/4\ cup............ 2 ounces or \1/4\ cup.
                 or sweetened 5.
                 Peanuts, soy nuts, tree nuts, or seeds. \1/2\ ounce...................... \1/2\ ounce.
                Vegetables 3............................... \1/2\ cup........................ \1/2\ cup.
                Fruits 3................................... \1/2\ cup........................ \1/2\ cup.
                Grains (oz eq): 6 7
                 Whole grain-rich or enriched bread..... \1/2\ slice...................... \1/2\ slice.
                 Whole grain-rich or enriched bread \1/2\ serving.................... \1/2\ serving.
                 product, such as biscuit, roll, or
                 muffin.
                 Whole grain-rich, enriched, or \1/4\ cup........................ \1/4\ cup.
                 fortified cooked breakfast cereal,8
                 cereal grain, and/or pasta.
                 Whole grain-rich, enriched, or
                 fortified ready-to-eat cereal (dry,
                 cold): 8 9
                 Flakes or rounds................... \1/2\ cup........................ \1/2\ cup.
                 Puffed cereal...................... \3/4\ cup........................ \3/4\ cup.
                 Granola............................ \1/8\ cup........................ \1/8\ cup.
                ----------------------------------------------------------------------------------------------------------------
                Endnotes:
                1 Select 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. Must be unflavored low-fat (1 percent) or unflavored fat-
                 free (skim) milk for children two through five years old.
                3 Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal,
                 including snack, per day.
                4 Alternate protein products must meet the requirements in Appendix A to Part 226 of this chapter.
                5 Yogurt must contain no more than 23 grams of total sugars per 6 ounces.
                6 At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do
                 not count towards meeting the grains requirement.
                7 Beginning October 1, 2021, ounce equivalents are used to determine the quantity of creditable grains.
                8 Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose
                 and other sugars per 100 grams of dry cereal).
                9 Beginning October 1, 2019, the minimum serving size specified in this section for ready-to-eat breakfast
                 cereals must be served. Until October 1, 2019, the minimum serving size for any type of ready-to-eat breakfast
                 cereal is \1/4\ cup for children ages 1-2 and \1/3\ cup for children ages 3-5.
                 (4) * * *
                 (ii) * * *
                 Infant Snack Meal Pattern
                ------------------------------------------------------------------------
                 Birth through 5 months 6 through 11 months
                ------------------------------------------------------------------------
                4-6 fluid ounces breastmilk 1 2-4 fluid ounces breastmilk 1 or formula;
                 or formula 2. 2 and
                 0-\1/2\ slice bread; 3 4 or
                 0-2 cracker; 3 4 or
                 0-4 tablespoons infant cereal 2 3 4 or
                 ready-to-eat breakfast cereal; 3 4 5 6
                 and
                 0-2 tablespoons vegetable or fruit, or a
                 combination of both 6 7
                ------------------------------------------------------------------------
                \1\ Breastmilk or formula, or portions of both, must 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.
                3 A serving of grains must be whole grain-rich, enriched meal, or
                 enriched flour.
                4 Beginning October 1, 2021, ounce equivalents are used to determine the
                 quantity of creditable grains.
                5 Breakfast cereals must contain no more than 6 grams of sugar per dry
                 ounce (no more than 21.2 grams sucrose and other sugars per 100 grams
                 of dry cereal).
                6 A serving of this component is required when the infant is
                 developmentally ready to accept it.
                7 Fruit and vegetable juices must not be served.
                [[Page 31230]]
                * * * * *
                 (p) * * *
                 (2) * * *
                 Preschool Lunch Meal Pattern
                ----------------------------------------------------------------------------------------------------------------
                 Minimum quantities
                 Food components and food items \1\ --------------------------------------------------------------------
                 Ages 1-2 Ages 3-5
                ----------------------------------------------------------------------------------------------------------------
                Fluid Milk \2\............................. 4 fluid ounces................... 6 fluid ounces.
                Meat/meat alternates (edible portion as
                 served):
                 Lean meat, poultry, or fish............ 1 ounce.......................... 1 \1/2\ ounces.
                 Tofu, soy products, or alternate 1 ounce.......................... 1 \1/2\ ounces.
                 protein products \3\.
                 Cheese................................. 1 ounce.......................... 1 \1/2\ ounces.
                 Large egg.............................. \1/2\............................ \3/4\.
                 Cooked dry beans or peas............... \1/4\ cup........................ \3/8\ cup.
                 Peanut butter or soy nut butter or 2 Tbsp........................... 3 Tbsp.
                 other nut or seed butters.
                 Yogurt, plain or flavored unsweetened 4 ounces or \1/2\ cup............ 6 ounces or \3/4\ cup.
                 or sweetened \4\.
                 The following may be used to meet no \1/2\ ounce = 50%................ \3/4\ ounce = 50%.
                 more than 50% 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).
                Vegetables \5\............................. \1/8\ cup........................ \1/4\ cup.
                Fruits \5\ \6\............................. \1/8\ cup........................ \1/4\ cup.
                Grains (oz eq): \7\ \8\
                 Whole grain-rich or enriched bread..... \1/2\ slice...................... \1/2\ slice.
                 Whole grain-rich or enriched bread \1/2\ serving.................... \1/2\ serving.
                 product, such as biscuit, roll, muffin.
                 Whole grain-rich, enriched, or \1/4\ cup........................ \1/4\ cup.
                 fortified cooked breakfast cereal,\9\
                 cereal grain, and/or pasta.
                ----------------------------------------------------------------------------------------------------------------
                Endnotes:
                \1\ Must serve all five components for a reimbursable meal.
                \2\ Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fat-
                 free (skim) milk for children two through five years old.
                \3\ Alternate protein products must meet the requirements in Appendix A to Part 226 of this chapter.
                \4\ Yogurt must contain no more than 23 grams of total sugars per 6 ounces.
                \5\ Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal,
                 including snack, per day.
                \6\ A vegetable may be used to meet the entire fruit requirement. When two vegetables are served at lunch or
                 supper, two different kinds of vegetables must be served.
                \7\ At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do
                 not count towards the grains requirement.
                \8\ Beginning October 1, 2021, ounce equivalents are used to determine the quantity of the creditable grain.
                \9\ Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose
                 and other sugars per 100 grams of dry cereal).
                 (q) * * *
                 (2) * * *
                 Infant Lunch Meal Pattern
                ------------------------------------------------------------------------
                 Birth through 5 months 6 through 11 months
                ------------------------------------------------------------------------
                4-6 fluid ounces breastmilk 6-8 fluid ounces breastmilk \1\ or
                 \1\ or formula \2\. formula; \2\ and
                 0-4 tablespoons
                 infant cereal 2 3
                 meat,
                 fish,
                 poultry,
                 whole egg,
                 cooked dry beans, or
                 cooked dry peas; or
                 0-2 ounces of cheese; or
                 0-4 ounces (volume) of cottage cheese; or
                 0-4 ounces or \1/2\ cup of yogurt; \4\ or
                 a combination of the above; \5\ and
                 0-2 tablespoons vegetable or fruit or a
                 combination of both \5\ \6\
                ------------------------------------------------------------------------
                \1\ Breastmilk or formula, or portions of both, must 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.
                \3\ Beginning October 1, 2021, ounce equivalents are used to determine
                 the quantity of creditable grains.
                \4\ Yogurt must contain no more than 23 grams of total sugars per 6
                 ounces.
                \5\ A serving of this component is required when the infant is
                 developmentally ready to accept it.
                \6\ Fruit and vegetable juices must not be served.
                [[Page 31231]]
                * * * * *
                PART 220--SCHOOL BREAKFAST PROGRAM
                0
                3. The authority citation for part 220 continues to read as follows:
                 Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.
                Sec. 220.8 Amended
                0
                4. In Sec. 220.8, revise the tables in paragraphs (o)(2) and (p)(2),
                to read as follows:
                Sec. 220.8 Meal requirements for breakfasts.
                * * * * *
                 (o) * * *
                 (2) * * *
                 Preschool Breakfast Meal Pattern
                ----------------------------------------------------------------------------------------------------------------
                 Minimum quantities
                 Food components and food items \1\ --------------------------------------------------------------------
                 Ages 1-2 Ages 3-5
                ----------------------------------------------------------------------------------------------------------------
                Fluid Milk \2\............................. 4 fluid ounces................... 6 fluid ounces.
                Vegetables, fruits, or portions of both \3\ \1/4\ cup........................ \1/2\ cup.
                Grains (oz eq) 4 5 6:
                 Whole grain-rich or enriched bread..... \1/2\ slice...................... \1/2\ slice.
                 Whole grain-rich or enriched bread \1/2\ serving.................... \1/2\ serving.
                 product, such as biscuit, roll, muffin.
                 Whole grain-rich, enriched, or \1/4\ cup........................ \1/4\ cup.
                 fortified cooked breakfast cereal,\7\
                 cereal grain, and/or pasta.
                 Whole grain-rich, enriched, or
                 fortified ready-to-eat breakfast
                 cereal (dry, cold)7 8:
                 Flakes or rounds................... \1/2\ cup........................ \1/2\ cup.
                 Puffed cereal...................... \3/4\ cup........................ \3/4\ cup.
                 Granola............................ \1/8\ cup........................ \1/8\ cup.
                ----------------------------------------------------------------------------------------------------------------
                Endnotes:
                \1\ Must serve all three components for a reimbursable meal.
                \2\ Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fat-
                 free (skim) milk for children two through five years old.
                \3\ Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal,
                 including snack, per day.
                \4\ At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do
                 not count towards meeting the grains requirement.
                \5\ Meat and meat alternates may be used to meet the entire grains requirement a maximum of three times a week.
                 One ounce of meat and meat alternates is equal to one ounce equivalent of grains.
                \6\ Beginning October 1, 2021, ounce equivalents are used to determine the quantity of creditable grains.
                \7\ Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose
                 and other sugars per 100 grams of dry cereal).
                \8\ Beginning October 1, 2019, the minimum serving size specified in this section for ready-to-eat breakfast
                 cereals must be served. Until October 1, 2019, the minimum serving size for any type of ready-to-eat breakfast
                 cereal is \1/4\ cup for children ages 1-2 and \1/3\ cup for children ages 3-5.
                 (p) * * *
                 (2) * * *
                 Infant Breakfast Meal Pattern
                ------------------------------------------------------------------------
                 Birth through 5 months 6 through 11 months
                ------------------------------------------------------------------------
                4-6 fluid ounces breastmilk 6-8 fluid ounces breastmilk \1\ or
                 \1\ or formula \2\. formula \2\; and
                 0-4 tablespoons
                 infant cereal 2 3
                 meat,
                 fish,
                 poultry,
                 whole egg,
                 cooked dry beans, or
                 cooked dry peas; or
                 0-2 ounces of cheese; or
                 0-4 ounces (volume) of cottage cheese; or
                 0-4 ounces or \1/2\ cup of yogurt \4\; or
                 a combination of the above \5\; and
                 0-2 tablespoons vegetable or fruit or a
                 combination of both 5 6
                ------------------------------------------------------------------------
                \1\ Breastmilk or formula, or portions of both, must 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.
                \3\ Beginning October 1, 2021, ounce equivalents are used to determine
                 the quantity of creditable grains.
                \4\ Yogurt must contain no more than 23 grams of total sugars per 6
                 ounces.
                \5\ A serving of this component is required when the infant is
                 developmentally ready to accept it.
                \6\ Fruit and vegetable juices must not be served.
                * * * * *
                PART 226--CHILD AND ADULT CARE FOOD PROGRAM
                0
                5. 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.
                [[Page 31232]]
                Sec. 220.20 Amended
                0
                6. In Sec. 226.20, remove the date ``October 1, 2019'' and add in its
                place ``October 1, 2021'' in the following places:
                0
                a. Endnote 3 of the table in paragraph (b)(5);
                0
                b. Endnote 7 of the table in paragraph (c)(1);
                0
                c. Endnote 10 of the table in paragraph (c)(2); and
                0
                d. Endnote 8 of the table in paragraph (c)(3).
                 Dated: June 14, 2019.
                Brandon Lipps,
                Administrator, Food and Nutrition Service.
                [FR Doc. 2019-13733 Filed 6-28-19; 8:45 am]
                BILLING CODE 3410-30-P
                

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