§ 220.8 - Meal requirements for breakfasts.  


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  • § 220.8 Meal requirements for breakfasts.

    (a) General requirements. This section contains the meal requirements applicable to school breakfasts for students in grades K through 12, and for children under the age of 5. In general, school food authorities must ensure that participating schools provide nutritious, well-balanced, and age-appropriate breakfasts to all the children they serve to improve their diet and safeguard their health.

    (1) General nutrition requirements. School breakfasts offered to children age 5 and older must meet, at a minimum, the meal requirements in paragraph (b) of this section. Schools must follow a food-based menu planning approach and produce enough food to offer each child the quantities specified in the meal pattern established in paragraph (c) of this section for each age/grade group served in the school. In addition, school breakfasts must meet the dietary specifications in paragraph (f) of this section. Schools offering breakfasts to children ages 1 to 4 and infants must meet the meal pattern requirements in paragraphs (o) and (p) of this section, as applicable, of this section. When breakfast is served in the cafeteria, schools must make plain potable water available and accessible without restriction to children at no charge.

    (2) Unit pricing. Schools must price each meal as a unit. The price of a reimbursable lunch breakfast does not change if the student does not take a food item or requests smaller portions. Schools must identify, near or at the beginning of the serving line(s), the food items that constitute the unit-priced reimbursable school meal(s).

    (3) Production and menu records. Schools or school food authorities, as applicable, must keep production and menu records for the meals they produce. These records must show how the meals offered contribute to the required food meal components and food quantities for each age/grade group every day. Labels or manufacturer specifications for food products and ingredients used to prepare school meals for students in grades K through 12 must indicate zero grams of trans fat per serving (less than 0.5 grams). Schools or school food authorities must maintain records of the latest nutritional analysis of the school menus conducted by the State agency. Production Information on maintaining production and menu records must may be maintained found in accordance with FNS guidance.

    (b) Meal requirements for school breakfasts. School breakfasts for children ages 5 and older must reflect food and nutrition requirements specified by the Secretary. Compliance with these requirements is measured as follows:

    (1) On a daily basis:

    (i) Meals offered to each age/grade group must include the food meal components and food quantities specified in the meal pattern in paragraph (c) of this section;

    (ii) Food products or ingredients used to prepare meals must contain zero grams of trans fat per serving or a minimal amount of naturally occurring trans fat as specified in paragraph (f) of this section; and

    (iii)

    Meal selected by each student must have the number of

    food

    meal components required for a reimbursable meal and include at least one fruit or vegetable.

    (2) Over a 5-day school week:

    (i) Average calorie content of the meals offered to each age/grade group must be within the minimum and maximum calorie levels specified in paragraph (f) of this section;

    (ii) Average saturated fat content of the meals offered to each age/grade group must be less than 10 percent of total calories as specified in paragraph (f) of this section;

    (iii) By July 1, 2027, average added sugars content of the meals offered to each age/grade group must be less than 10 percent of total calories as specified in paragraph (f) of this section; and

    (iv) Average sodium content of the meals offered to each age/grade group must not exceed the maximum level specified in paragraph (f) of this section

    ;

    .

    (c) Meal pattern for school breakfasts for grades K through 12. A school must offer the food meal components and quantities required in the breakfast meal pattern established in the following table:

    Table 1 to Paragraph (c) Introductory Text—Breakfast Meal Pattern

    Breakfast meal pattern

    Text—School Breakfast Program Meal Pattern

    Min-max calories
    Meal components Amount of food1 per week (minimum per day)
    Grades K-5 Grades 6-8 Grades 9-12
    Food ComponentsAmount of Fooda per Week
    (minimum per day) Fruits (cups)bc 2 5 (1)5 (1)5 (1)
    Vegetables (cups)bc 2 000
    Dark greenGreen Subgroup000
    Red/Orange Subgroup000
    Beans and peas (legumes), Peas, and Lentils Subgroup000
    Starchy Subgroup000
    Other Vegetables Subgroup000
    Grains or Meats/Meat Alternates (oz. eq)d 3 7-10 (1)8-10 (1)9-10 (1)
    Meats/Meat Alternates (oz eq)e 000
    Fluid milk Fluid Milk (cups)f 4 5 (1)5 (1)5 (1)
    Other Dietary Specifications: Daily Amount Based on the Average for a 5-Day Week 5
    Minimum-Maximum Calories (kcal)gh 350-500400-550450-600
    Saturated fat Fat (% of total calories)h <10<10<10
    Sodium Target 1 (mg)h ≤540≤600≤640
    Trans fath Nutrition label or manufacturer specifications must indicate zero grams of trans fat per serving.
    a
    Added Sugars (% of total calories)<10<10<10
    Sodium Limit: In place through June 30, 2027≤540 mg≤600 mg≤640 mg
    Sodium Limit: Must be implemented by July 1, 2027≤485 mg≤535 mg≤570 mg

    (1) Age/grade groups. Schools must plan menus for students using the following age/grade groups: Grades K-5 (ages 5-10), grades 6-8 (ages 11-13), and grades 9-12 (ages 14-18). If an unusual grade configuration in a school prevents the use of the established age/grade groups, students in grades K-5 and grades 6-8 may be offered the same food quantities at breakfast provided that the calorie and sodium standards for each age/grade group are met. No customization of the established age/grade groups is allowed.

    (2) Food Meal components. Schools must offer students in each age/grade group the food meal components specified in meal pattern in this paragraph (c). Food Meal component descriptions in § 210.10 of this chapter apply to this Program.

    (i) Meats/meat alternates Fruits component. Schools must offer daily the fruit quantities specified in the breakfast meal pattern in this paragraph (c). Fruits that are fresh, frozen, or dried, or canned in light syrup, water or fruit juice may be offered to meet the fruits component requirements. Vegetables may be offered in place of all or part of the required fruits at breakfast. Schools that choose to offer vegetables in place of fruits at breakfast one day per school week may offer any vegetables, including starchy vegetables. Schools that choose to offer vegetables in place of fruits at breakfast two or more days per school week must offer at least two different vegetable subgroups as defined in § 210.10(c)(2)(ii) of this chapter. All fruits are credited based on their volume as served, except that 14 cup of dried fruit counts as 12 cup of fruit. Only pasteurized, full-strength fruit juice may be offered, and may be credited to meet no more than one-half of the fruit component.

    (ii) Vegetables component. Schools are not required to offer

    meats/meat alternates

    vegetables as part of the breakfast menu but may offer vegetables to meet part or all of the fruit requirement. Schools

    may substitute meats/meat alternates for grains, after the daily grains requirement is met, to meet the weekly grains requirement. One ounce equivalent of meat/meat alternate is equivalent to one ounce equivalent of grains.

    that choose to offer vegetables in place of fruits at breakfast one day per school week may offer any vegetables, including starchy vegetables. Schools that choose to offer vegetables in place of fruits at breakfast two or more days more than one day per school week must offer vegetables from at least two different vegetable subgroups as defined in § 210.10(c)(2)(ii) of this chapter. Fresh, frozen, or canned vegetables and dry beans, peas, and lentils may be offered to meet the fruit requirement. All vegetables are credited based on their volume as served, except that 1 cup of leafy greens counts as 12 cup of vegetables and tomato paste and tomato puree are credited based on calculated volume of the whole food equivalency. Pasteurized, full-strength vegetable juice may be offered to meet no more than one-half of the vegetable component. Cooked dry beans, peas, and lentils may be counted as either a vegetable or as a meat/meat alternate but not as both in the same dish.

    (iii) Grains. Grains offered at breakfast count toward the combined grains and meats/meat alternates component. Schools may offer grains, meats/meat alternates, or a combination of both to meet the daily and weekly ounce equivalents for this combined component. Information on crediting grain items may be found in FNS guidance.

    (A) Whole grain-rich requirement. Whole grain-rich is the term designated by FNS to indicate that the grain content of a product is between 50 and 100 percent whole grain with any remaining grains being enriched. At least 80 percent of grains offered at breakfast weekly, based on ounce equivalents, must meet the whole grain-rich criteria as defined in § 220.2, and the remaining grain items offered must be enriched.

    (B) Breakfast cereals. By July 1, 2025, breakfast cereals must contain no more than 6 grams of added sugars per dry ounce.

    (C) Daily and weekly servings. The grains component is based on minimum daily servings plus total servings over a 5-day school week. Schools serving breakfast 6 or 7 days per week must increase the weekly grains quantity by approximately 20 percent (15) for each additional day. When schools operate less than 5 days per week, they may decrease the weekly quantity by approximately 20 percent (15) for each day less than 5.

    (iv) Meats/meat alternates. Meats/meat alternates offered at breakfast count toward the combined grains and meats/meat alternates component. Schools may offer grains, meats/meat alternates, or a combination of both to meet the daily and weekly ounce equivalents for this combined component. Information on crediting meats/meat alternates may be found in FNS guidance.

    (A) Enriched macaroni. Enriched macaroni with fortified protein, as defined in appendix A to part 210 of this chapter, may be used to meet part of the meats/meat alternates requirement when used as specified in appendix A to part 210.

    An enriched macaroni product with fortified protein as defined in appendix A to part 210 may be used to meet part of the meats/meat alternates component or the grains component but may not meet both food components in the same lunch.

    (B) Nuts and seeds. Nuts and seeds and their butters are allowed as meat alternates

    in accordance with program guidance

    . Acorns, chestnuts, and coconuts

    may not be used

    do not credit as meat alternates because of their low protein and iron content. Nut and seed meals or flours may

    be used

    credit only if they meet the requirements for Alternate Protein Products established in appendix A to this part

    220

    .

    Nuts or seeds may be used to meet no more than one-half

    (

    50 percent) of the meats/meat alternates component with another meats/meat alternates to meet the full requirement.(

    C) Yogurt. Yogurt may be

    used

    offered to meet all or part of the combined grains and meats/meat alternates component. Yogurt may be plain or flavored, unsweetened or sweetened. By July 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce). Noncommercial and/or non-standardized yogurt products, such as frozen yogurt, drinkable yogurt products, homemade yogurt, yogurt flavored products, yogurt bars, yogurt covered fruits and/or nuts or similar products are not creditable. Four ounces (weight) or 12 cup (volume) of yogurt equals one ounce of the meats/meat alternates requirement.

    (D) Tofu and soy products. Commercial tofu and soy products may be

    used

    offered to meet all or part of the combined grains and meats/meat alternates component

    in accordance with FNS guidance

    . Noncommercial and/or non-standardized tofu and products are not creditable.

    (E) Beans

    and peas (legumes)

    , peas, and lentils. Cooked dry beans

    and peas (legumes)

    , peas, and lentils may be used to meet all or part of the combined grains and meats/meat alternates component. Beans

    and peas (legumes)

    , peas, and lentils are identified in this section and include foods such as black beans, garbanzo beans, lentils, kidney beans, mature lima beans, navy beans, pinto beans, and split peas. Cooked dry beans, peas, and lentils may be counted as either a vegetable or as a meat/meat alternate but not as both in the same dish.

    (F) Other meat alternates. Other meat alternates, such as cheese and eggs, may be used to meet all or part of the combined grains and meats/meat alternates component

    in accordance with FNS guidance

    .

    (

    ii

    v)

    Fruits

    Fluid milk component.

    Schools

    Fluid milk must

    offer daily the fruit quantities specified in the breakfast meal pattern in paragraph (c

    be offered daily in accordance with paragraph (d) of this section.

    Fruits that are fresh; frozen without added sugar; canned in light syrup, water or fruit juice; or dried may be offered to meet the fruits component requirements. Vegetables may be offered in place of all or part of the required fruits at breakfast, but the first two cups per week of any such substitution must be from the dark green, red/orange, beans and peas (legumes) or other vegetable subgroups, as defined in this section. All fruits are credited based on their volume as served, except that 14 cup of dried fruit counts as 12 cup of fruit. Only pasteurized, full-strength fruit juice may be used, and may be credited to meet no more than one-half of the fruit component.

    (iii) Vegetables component. Schools are not required to offer vegetables as part of the breakfast menu but may offer vegetables to meet part or all of the fruit requirement. Fresh, frozen, or canned vegetables and dry beans and peas (legumes) may be offered to meet the fruit requirement. All vegetables are credited based on their volume as served, except that 1 cup of leafy greens counts as 12 cup of vegetables and tomato paste and tomato puree are credited based on calculated volume of the whole food equivalency. Pasteurized, full-strength vegetable juice may be used to meet no more than one-half of the vegetable component. Cooked dry beans or peas (legumes) may be counted as either a vegetable or as a meat alternate but not as both in the same meal.

    (iv) Grains component.

    (A) Enriched and whole grains. All grains must be made with enriched and whole grain meal or flour, in accordance with the most recent FNS guidance on grains. The whole grain-rich criteria included in FNS guidance may be updated to reflect additional information provided by industry on the food label or a whole grains definition by the Food and Drug Administration. Whole grain-rich products must contain at least 50 percent whole grains and the remaining grains in the product must be enriched. Schools may substitute meats/meat alternates for grains, after the daily grains requirement is met, to meet the weekly grains requirement. One ounce equivalent of meat/meat alternate is equivalent to one ounce equivalent of grains.

    (B) Daily and weekly servings. The grains component is based on minimum daily servings plus total servings over a 5-day school week. Schools serving breakfast 6 or 7 days per week must increase the weekly grains quantity by approximately 20 percent (15) for each additional day. When schools operate less than 5 days per week, they may decrease the weekly quantity by approximately 20 percent (15) for each day less than 5. The servings for biscuits, rolls, muffins, and other grain/bread varieties are specified in FNS guidance. At least 80 percent of grains offered weekly must meet the whole grain-rich criteria specified in FNS guidance, and the remaining grain items offered must be enriched.

    (3) Food components in outlying areas. Schools in American Samoa, Puerto Rico and the Virgin Islands may serve a vegetable such as yams, plantains, or sweet potatoes to meet the grains component.

    (d) Fluid milk requirement. Breakfast must include a serving of fluid milk as a beverage or on cereal or used in part for each purpose.

    (3) Grain substitutions.

    (i) Schools in American Samoa, Guam, Hawaii, Puerto Rico, and the U.S. Virgin Islands may serve any vegetable, including vegetables such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams, to meet the combined grains and meats/meat alternates component.

    (ii) School food authorities and schools that are tribally operated, operated by the Bureau of Indian Education, and that serve primarily American Indian or Alaska Native children, may serve any vegetable, including vegetables such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams, to meet the combined grains and meats/meat alternates component.

    (4) Traditional Indigenous foods. Traditional Indigenous foods may credit toward the required meal components. Information on food crediting may be found in FNS guidance. Schools are encouraged to serve traditional Indigenous foods as part of their breakfast service. Per the Agriculture Improvement Act of 2014, as amended (25 U.S.C. 1685(b)(5)) traditional foods means food that has traditionally been prepared and consumed by an American Indian tribe, including wild game meat; fish; seafood; marine mammals; plants; and berries.

    (d) Fluid milk requirements. Schools must offer students a variety (at least two different options) of fluid milk at breakfast daily. All fluid milk must be fat-free (skim) or low-fat (1 percent fat or less). Milk with higher fat content is not allowedcreditable. Low-fat or fat-free lactose-free and reduced-lactose fluid milk may also be offered. Milk may be flavored or unflavored, provided that unflavored milk is offered at each meal service. By July 1, 2025, flavored milk must contain no more than 10 grams of added sugars per 8 fluid ounces, or for flavored milk sold as competitive food for middle and high schools, 15 grams of added sugars per 12 fluid ounces. Schools must also comply with other applicable fluid milk requirements in § 210.10(d) of this chapter.

    (e) Offer versus serve for grades K through 12. School breakfast must offer daily at least the three food meal components required in the meal pattern in paragraph (c) of this section. To exercise the offer versus serve option at breakfast, a school food authority or school must offer a minimum of four food items daily as part of the required components. Under offer versus serve, students are allowed to decline one of the four food items, provided that students select at least 12 cup of the fruit component for a reimbursable meal. If only three food items are offered at breakfast, school food authorities or schools may not exercise the offer versus serve option.

    (f) Dietary specifications.

    (1) Calories. Schools School breakfasts offered to each age/grade group must meet, on average over the school week, the minimum and maximum calorie levels specified in the following table:

    Table 2 to Paragraph (f)(1)—School Breakfast Program Calorie Ranges for Breakfast—Effective SY 2013-2014

    Grades K-5 Grades 6-8 Grades 9-12
    Average Daily Minimum-maximum calories Maximum Calories (kcal)a b 1 350-500400-550450-600

    (2) Saturated fat. Schools breakfasts School breakfast offered to all age/grade groups must, on average over the school week, provide less than 10 percent of total calories from saturated fat.

    (3) Added sugars. By July 1, 2027, school breakfasts offered to all age/grade groups must, on average over the school week, provide less than 10 percent of total calories from added sugars.

    (4) Sodium. School breakfasts offered to each age/grade group must meet, on average over the school week, the levels of sodium specified in the following table within the established deadlines:

    Table 3 to Paragraph (f)(

    3

    4)—School Breakfast Program Sodium Limits

    Age/grade group
    Target 1
    Sodium limit:
    in place through
    June 30, 2027
    (mg)
    Sodium limit:
    must be
    implemented by
    July 1, 2027
    (mg)
    Grades K-5≤540≤485
    Grades 6-8≤600≤535
    Grades 9-12≤640

    (4) Trans fat. Food products and ingredients used to prepare school meals must contain zero grams of trans fat (less than 0.5 grams) per serving. Schools must add the trans fat specification and request the required documentation (nutrition label or manufacturer specifications) in their procurement contracts. Documentation for food products and food ingredients must indicate zero grams of trans fat per serving. Meats that contain a minimal amount of naturally-occurring trans fats are allowed in the school meal programs.

    (
    ≤570

    (g) Compliance assistance. The State agency and school food authority must provide technical assistance and training to assist schools in planning breakfasts that meet the meal pattern in paragraph (c) of this section, the dietary specifications for calorie, saturated fat, sodium, and trans fat established in paragraph (f) of this section, and the meal pattern in paragraphs (o) and (p) of this section, as applicable. Compliance assistance may be offered during training, onsite visits, and/or administrative reviews.

    (h) State agency responsibilities for monitoring dietary specifications

    (1) Calories, saturated fat, and sodium

    . When required by the

    administrative review

    Administrative Review process set forth in § 210.18 of this chapter, the State agency must conduct a weighted nutrient analysis to evaluate the average levels of calories, saturated fat, added sugars, and sodium of the breakfasts offered to students in grades K-12 during one week within the review period. The nutrient analysis must be conducted in accordance with the procedures established in § 210.10(i)(3) of this chapter. If the results of the

    review

    nutrient analysis indicate that the school breakfasts

    are

    do not

    meeting

    meet the

    standards

    specifications for calories, saturated fat, added sugars, or sodium specified in paragraph (f) of this section, the State agency or school food authority must provide technical assistance and require the reviewed school to take corrective action to meet the requirements.

    (

    2) Trans fat. State agencies conducting an administrative review must review product labels of manufacturer specifications to verify that the food products or ingredients used by the reviewed school(s) contain zero grams of trans fat (less than 0.5 grams) per serving.

    (i) Nutrient analyses of school meals. Any nutrient analysis of school breakfasts conducted under the administrative review process set forth in § 210.18 of this chapter must be performed in accordance with the procedures established in § 210.10(i) of this chapter. The purpose of the nutrient analysis is to determine the average levels of calories, saturated fat, added sugars, and sodium in the breakfasts offered to each age grade group over a school week.

    (j) Responsibility for monitoring meal requirements. Compliance with the applicable breakfast requirements in paragraph (b) of this section, including the dietary specifications for calories, saturated fat, sodium and trans fat, and paragraphs (o) and (p) of this section will be monitored by the State agency through administrative reviews authorized in § 210.18 of this chapter.

    (k) Menu choices at breakfast. The requirements in § 210.10(k) of this chapter also apply to this Program.

    (l) Requirements for breakfast period.

    (1) Timing. Schools must offer breakfasts meeting the requirements of this section at or near the beginning of the school day.

    (2) [Reserved]

    (m) Exceptions Modifications and variations allowed in reimbursable meals. The requirements in § 210.10(m) of this chapter also apply to this Program.

    (n) Nutrition disclosure. The requirements in § 210.10(n) of this chapter also apply to this Program.

    (o) Breakfast requirements for preschoolers

    (1) Breakfasts served to preschoolers. Schools serving breakfast to children ages 1 through 4 preschoolers under the School Breakfast Program must serve the meal components and quantities required in the breakfast meal pattern established for the Child and Adult Care Food Program under § 226.20(a), (c)(1), and (d) of this chapter. In addition, schools serving breakfasts to this age group must comply with the requirements set forth in paragraphs (a), (c)(3), (g), and (k), through (l), and (m) of this section, as applicable.

    (2) Preschooler breakfast meal pattern table. The minimum amounts of food meal components to be served at breakfast are as follows:

    Table 4 to Paragraph (o)(2)—Preschool Breakfast Meal Pattern

    Food components

    [Select the appropriate components for a reimbursable meal]

    Meal components and food items1 Minimum quantities
    Ages 1-2 Ages 3-5
    Fluid Milk2 4 fluid ounces6 fluid ounces.
    Vegetables, fruitsFruits, or portions of both3 14 cup 12 cup.
    Grains (oz. eq.)4 5 6 7 12 ounce equivalent 12 ounce equivalent.

    (p) Breakfast requirements for infants

    (1) Breakfasts served to infants. Schools serving breakfasts to infants ages birth through 11 months under the School Breakfast Program must serve the food meal components and quantities required in the breakfast meal pattern established for the Child and Adult Care Food Program, under § 226.20(a), (b), and (d) of this chapter. In addition, schools serving breakfasts to infants must comply with the requirements set forth in paragraphs (a), (c)(3), (g), and (k), through (l), and (m) of this section as applicable.

    (2) Infant breakfast meal pattern table. The minimum amounts of food meal components to be served at breakfast are as follows:

    Table 5 to Paragraph (p)(2)—Infant Breakfast Meal Pattern

    Birth through 5 months 6 through 11 months
    4-6 fluid ounces
    breastmilk
    breast milk1 or formula2 6-8 fluid ounces
    breastmilk
    breast milk1 or formula;2 and
    0- 12 ounce equivalent infant cereal; 2 3 or
    0-4 tablespoons meat, fish, poultry, whole egg, cooked dry beans, peas, or
    cooked dry peas
    lentils; or
    0-2 ounces of cheese; or
    0-4 ounces (volume) of cottage cheese; or
    0-4 ounces or 12 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
    Breastmilk
    breastmilk
    in place of formula
    breastmilk
    breastmilk
    breastmilk
    Refer to FNS guidance for additional information on crediting different types of grains.4 Yogurt

    (q) Severability. If any provision of this section is held to be invalid or unenforceable by its terms, or as applied to any person or circumstances, it shall be severable from this section and not affect the remainder thereof. In the event of such holding of invalidity or unenforceability of a provision, the meal pattern requirements covered by that provision reverts to the version immediately preceding the invalidated provision.

    [77 FR 4154, Jan. 26, 2012, as amended at 78 FR 39093, June 28, 2013; 81 FR 24375, Apr. 25, 2016; 81 FR 50193, July 29, 2016; 81 FR 75675, Nov. 1, 2016; 82 FR 56714, Nov. 30, 2017; 83 FR 63790, Dec. 12, 2018; 84 FR 50292, Sept. 25, 2019; 85 FR 7854, Feb. 12, 2020; 85 FR 74849, Nov. 24, 2020; 86 FR 57546, Oct. 18, 2021; 87 FR 7006, Feb. 7, 2022; 87 FR 47332, Aug. 3, 2022; 87 FR 52329, Aug. 25, 2022; 89 FR 32080, Apr. 25, 2024]