Delayed Implementation of Grains Ounce Equivalents in the Child and Adult Care Food Program
| Published date | 25 September 2019 |
| Citation | 84 FR 50287 |
| Record Number | 2019-20808 |
| Section | Rules and Regulations |
| Court | Food And Nutrition Service |
Federal Register, Volume 84 Issue 186 (Wednesday, September 25, 2019)
[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Rules and Regulations]
[Pages 50287-50293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20808]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 /
Rules and Regulations
[[Page 50287]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action delays, 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 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. A two-year extension allows more
time for FNS to develop additional technical assistance materials and
for State agencies and sponsoring organizations to provide training and
technical assistance to support meal planners and assure compliance
nationwide. This action is consistent with FNS' 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. This action also applies to the crediting of
grains served to infants and toddlers in the National School Lunch and
School Breakfast Programs. In addition, this rule makes a technical
correction to the application for free and reduced-price meals for
adult CACFP participants.
DATES: Effective October 1, 2019.
FOR FURTHER INFORMATION CONTACT: Andrea Farmer, 703-305-2590,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
This final rule delays the implementation date, from October 1,
2019 until October 1, 2021, of the requirement for crediting grains
served in CACFP by ``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
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 instead.
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, confusion among some meal planners convinced FNS that
additional training and technical assistance is needed to support day
care homes and centers with the tools they need to more easily
implement this provision and assure compliance.
On July 1, 2019, FNS published a proposed rule, Delayed
Implementation of Grains Ounce Equivalents in the Child and Adult Care
Food Program, 84 FR 31227, that would allow State agencies,
institutions, and day care homes and centers additional time to fully
implement the crediting of grains by ounce equivalents by October 1,
2021. The rule proposed a two-year extension to allow adequate time for
FNS to develop additional technical assistance materials and for State
agencies and sponsoring organizations to use these materials to provide
training and technical assistance to support meal planners and assure
compliance nationwide. This action is consistent with FNS' 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.
FNS received 679 written comments during the 30-day comment period,
which ended on July 31, 2019. Of these, 311 were unique comments and
the remainder (368) were form letters. The majority of respondents were
child care providers, including both center-based and in-home based
care. Comments were also received from State administering agencies,
non-profit organizations, advocates, dietitians, academics, industry
stakeholders, adult care providers, and members of the general public.
The vast majority of respondents (604) wrote in support of a
delayed implementation. As such, FNS will move forward with the delay
as proposed. Most supporters cited the need for training and technical
assistance on ounce equivalents. Supporters also frequently stated that
the immediate change would overwhelm meal planners at day care homes
and centers who may still be adjusting to implementing the other
requirements of the updated CACFP meal patterns. Meal planners in CACFP
may lack experience with or access to the same types of resources, such
as Child Nutrition labeled products or the Food Buying Guide
Interactive Web-Based Tool, which have helped schools successfully
implement ounce equivalents in the National School Lunch and School
Breakfast Programs. Many respondents cited the need for more user-
friendly resource materials on ounce equivalents from FNS and other
sources.
Nineteen respondents wrote in opposition to the delay, including
one State agency. They stated that day care home and center providers
have had adequate time to adjust to using ounce equivalents or that the
State agency had already successfully implemented training. FNS is
encouraged that these respondents are ready for implementation and FNS
supports early implementation of ounce equivalents crediting, as
outlined in the paragraphs below.
Seventy-eight respondents expressed frustration with the
requirement or asked that it be reevaluated. The most common concerns
were a lack of time and equipment. Many of these commenters seemed to
misunderstand the ounce equivalents requirement and
[[Page 50288]]
believed that all grain portions must be weighed using a kitchen scale,
thus requiring new equipment and reducing staff time available for
direct care of children or adults in the program. To clarify, the use
of ounce equivalents to credit grains will not require all grain
portions to be weighed. Among these 78 respondents, 42 simultaneously
supported the delay. In addition, some respondents expressed their
frustration with CACFP requirements in general, often citing
documentation burdens or limited staff resources, without expressing an
opinion on the proposed delay. FNS will continue to listen to
stakeholder feedback and monitor implementation during the period of
delay to assess the success of sponsoring organizations and program
operators in applying the ounce equivalents requirement.
FNS recognizes the concerns of stakeholders about the need for
additional transition time to prepare to credit grains in ounce
equivalents. FNS is working to deliver technical assistance materials
and tools that can help simplify the use of ounce equivalents in CACFP,
including resources that allow providers planning and preparing meals
to continue to use common household measures while meeting the new
crediting requirements.
Some examples of the resources that will ease this transition
include a training webinar, a revised Crediting Handbook for the Child
and Adult Care Food Program, and standardized recipes. USDA is also
updating the online Food Buying Guide for Child Nutrition Programs--
which now contains the Recipe Analysis Workbook and the Exhibit A
Grains Tool--that allows menu planners to easily determine grain
contributions for commercial grain products. FNS is also working to
develop additional CACFP Meal Pattern Training Worksheets that will
simplify the use of ounce equivalents, and clarify the method for
determining ounce equivalents for grains in the CACFP. These new tools
will be available on USDA Team Nutrition's web page: https://www.fns.usda.gov/tn.
Although this rule requires full implementation of ounce
equivalents by October 1, 2021, State agencies may implement the ounce
equivalents requirements prior to October 1, 2021. FNS encourages State
agencies and sponsoring organizations to implement ounce equivalents as
soon as they are confident that day care homes and centers have the
training and technical assistance they need to successfully achieve
compliance. However, during the period of early implementation, State
agencies and sponsoring organizations must provide technical assistance
in lieu of fiscal action when they observe violations related to the
ounce equivalents requirement. Prior to October 1, 2021, a violation
based solely on this requirement may not result in a disallowance of
Federal reimbursement of meals that are otherwise eligible, an
assessment of an overclaim, a declaration of serious deficiency, or any
other adverse action.
Accordingly, FNS delays full implementation of the ounce
equivalents requirement in CACFP until October 1, 2021. This action
also applies to the crediting of grains served to infants and toddlers
in the National School Lunch and School Breakfast Programs.
Corresponding changes are made to update 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 7 CFR 226.20(c).
FNS is revising the endnotes to these tables to state that, beginning
on October 1, 2021, ounce equivalents will be used to determine the
quantity of creditable grains. FNS is also removing endnotes, which
delayed implementation of the minimum serving size of dry, cold whole
grain-rich, enriched, or fortified ready-to-eat cereal, specified in
some of the tables. Beginning on October 1, 2019, this information will
no longer be needed.
FNS is also using this opportunity to correct a technical error
that appears in the free and reduced-price meal application for adult
CACFP participants at 7 CFR 226.23. Under section 9(d)(1) of the
Richard B. Russell National School Lunch Act, 42 U.S.C. 1758(d)(1),
only the adult household member who signs a household application for
free and reduced-price lunches must provide the last four digits of his
or her social security number, as a condition of eligibility. However,
an error in the statement that must be included on the meal benefit
form for adult participants requires the last four digits of the social
security number of all adult household members, including the adult day
care participant. Accordingly, this rule corrects the statement at 7
CFR 226.23(e)(1)(iii)(E) to require the last four digits of the social
security number of only the adult household member who signs the meal
benefit form.
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 final rule was 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 that would minimize any significant impacts on a
substantial number of small entities. The FNS Administrator has
certified that this final 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, school food
authorities, 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 final 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
[[Page 50289]]
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 final 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. The National School Lunch
Program and School Breakfast Program are listed under No. 20.555 and
10.553, respectively. They are 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 program requirements and operations. This provides FNS
with the opportunity to receive regular input from State administrators
and local program 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 final 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 final 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 final 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 program operators or as recipients of meal benefits. FNS
also does not expect this rule to have any disparate impacts on program
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. Tribal representatives were
informed about this rulemaking on June 27, 2019. FNS anticipates that
this will 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 final 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. Online resources to aid in the
implementation of ounce equivalents for grains in the CACFP include the
online interactive Food Buying Guide for Child Nutrition Programs, the
Exhibit A Grains Tool, and the Recipe Analysis Workbook.
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 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) * * *
[[Page 50290]]
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.\3\.
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 1 Tbsp.............................. 1 Tbsp.
or other nut or seed butters.
Yogurt, plain or flavored 2 ounces or \1/4\ cup............... 2 ounces or \1/4\ cup.
unsweetened or sweetened.\5\.
Peanuts, soy nuts, tree nuts, or \1/2\ ounce......................... \1/2\ ounce.
seeds.
Vegetables \4\...................... \1/2\ cup........................... \1/2\ cup.
Fruits \4\.......................... \1/2\ cup........................... \1/2\ cup.
Grains (oz eq) : \6\ \7\
Whole grain-rich or enriched \1/2\ slice......................... \1/2\ slice.
bread.
Whole grain-rich or enriched \1/2\ serving....................... \1/2\ serving.
bread 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\
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\ Alternate protein products must meet the requirements in Appendix A to Part 226 of this chapter.
\4\ Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal,
including snack, per day.
\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).
(4) * * *
(ii) * * *
Infant Snack Meal Pattern
------------------------------------------------------------------------
Birth through 5 months 6 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces breastmilk 2-4 fluid ounces breastmilk \1\ or
\1\ or formula.\2\. formula; \2\ and
0-\1/2\ slice bread;3 4 or
0-2 crackers;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.
* * * * *
(p) * * *
(2) * * *
[[Page 50291]]
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 50292]]
* * * * *
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.
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\
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).
(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.
0
6. In Sec. 226.20:
0
a. Revise the table in paragraph (b)(5);
0
b. In the table to paragraph (c)(1), remove the date ``October 1,
2019'' in endnote 7 and add in its place ``October 1, 2021'', and
remove endnote 9;
0
c. In the table to paragraph (c)(2), remove the date ``October 1,
2019'' in endnote 10 and add in its place ``October 1, 2021''; and
0
d. In the table to paragraph (c)(3), remove the date ``October 1,
2019'' in endnote 8 and add in its place ``October 1, 2021'', and
remove endnote 10.
The revision reads as follows:
Sec. 226.20 Requirements for meals.
* * * * *
(b) * * *
(5) * * *
[[Page 50293]]
Infant Meal Patterns
----------------------------------------------------------------------------------------------------------------
Infants Birth through 5 months 6 through 11 months
----------------------------------------------------------------------------------------------------------------
Breakfast, Lunch, or Supper........ 4-6 fluid ounces breastmilk 6-8 fluid ounces breastmilk \1\ or formula;
\1\ or formula \2\. \2\ and
0-4 tablespoons infant cereal,\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
Snack.............................. 4-6 fluid ounces breastmilk 2-4 fluid ounces breastmilk \1\ or formula
\1\ or formula \2\. \2\; and
0-\1/2\ slice bread; 3 7 or
0-2 crackers; 3 7 or
0-4 tablespoons infant cereal 2 3 7 or ready-
to-eat breakfast cereal; 3 5 7 8 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.
\7\ A serving of grains must be whole grain-rich, enriched meal, or enriched flour.
\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).
* * * * *
0
7. In Sec. 226.23, revise the third sentence in paragraph
(e)(1)(iii)(E) to read as follows:
Sec. 226.23 Free and reduced-price meals.
* * * * *
(e) * * *
(1) * * *
(iii) * * *
(E) * * * You must include the last four digits of the social
security number of the adult household member who signs the meal
benefit form.* * *
* * * * *
Dated: September 19, 2019.
Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2019-20808 Filed 9-24-19; 8:45 am]
BILLING CODE 3410-30-P
