Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 7 - Agriculture |
Subtitle B - Regulations of the Department of Agriculture |
Chapter II - Food and Nutrition Service, Department of Agriculture |
SubChapter A - Child Nutrition Programs |
Part 210 - National School Lunch Program |
Subpart C - Requirements for School Food Authority Participation |
§ 210.10a - Lunch components and quantities for the meal pattern.
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(a)
Meal pattern definitions. For the purpose of this section:(1)
Infant cereal means any iron-fortified dry cereal especially formulated and generally recognized as cereal for infants and that is routinely mixed with breast milk or iron-fortified infant formula prior to consumption.(2)
Infant formula means any iron-fortified formula intended for dietary use solely as a food for normal, healthy infants; excluding those formulas specifically formulated for infants with inborn errors of metabolism or digestive or absorptive problems. Infant formula, as served, must be in liquid state at recommended dilution.(b)
General. School food authorities shall ensure that participating schools provide nutritious and well-balanced lunches to children in accordance with the provisions of this section. The requirements and recommendations of this section are designed so that the nutrients of the lunch, averaged over a period of time,approximate one-third of the Recommended Dietary Allowances for children of each age/grade group as specified in paragraph (c) of this section. School food authorities shall ensure that each lunch is priced as a unit. Except as otherwise provided herein, school food authorities shall ensure that sufficient quantities of food are planned and produced so that lunches provided contain all the required food items in at least the amounts indicated in the table presented under paragraph (c) of this section. School food authorities shall ensure that lunches are planned and produced on the basis of participation trends, with the objective of providing one reimbursable lunch per child per day. Production and menu records shall be maintained to demonstrate that the required number of food components and food items are offered on any given day. Production records shall include sufficient information to evaluate the menu's contribution to the lunch pattern specified in paragraph (c) of this section. Any excess lunches that are produced may be served, but shallnot be claimed for general or special cash assistance provided under § 210.4. The component requirements for meal supplements served under the CACFP shall also apply to meal supplements served by eligible school food authorities in afterschool care programs under the NSLP.(c)
Minimum required lunch quantities. Schools that are able to provide quantities of food to children solely on the basis of their ages or grade level should do so. Schools that cannot serve children on the basis of age or grade level shall provide all school age children Group IV portions as specified in the table presented in this paragraph. Schools serving children on the basis of age or grade level shall plan and produce sufficient quantities of food to provide Groups I-IV no less than the amounts specified for those children in the table presented in this paragraph, and sufficient quantities of food to provide Group V no less than the specified amounts for Group IV. It is recommended that such schools plan and produce sufficient quantities of food to provide Group V children the larger amounts specified in the table. Schools that provide increased portion sizes for Group V may comply with children's requests for smaller portion sizes of the food items; however, schools shall plan and produce sufficient quantities of food to at least provide the serving sizes required for Group IV. Schools shall ensure that lunches are served with the objective of providing the per lunch minimums for each age and grade level as specified in the following table:School Lunch Pattern—Per Lunch Minimums Food Components and Food Items Minimum Quantities Group I, age 1-2 (Preschool) Group II, age 3-4 (Preschool) Group III, age - 5-8 (K-3)
Group IV, age 9 and older (4-12) Recommended quantities: Group V, 12 years and older (7-12) Milk (as a beverage): Fluid whole milk and fluid unflavored lowfat milk must be offered; (Flavored fluid milk, skim milk or buttermilk optional) 3/4 cup (6 fl. oz.)3/4 cup (6 fl. oz.)1/2 pint (8 fl. oz.)1/2 pint (8 fl. oz.)1/2 pint (8 fl. oz.)Meat or Meat Alternate (quantity of the edible portion as served): Lean meat, poultry, or fish 1 oz 1 1/2 oz1 1/2 oz2 oz 3 oz. Cheese 1 oz 1 1/2 oz1 1/2 oz2 oz 3 oz. Large egg 1/2 3/4 3/4 1 1 1/2 .Cooked dry beans or peas 1/4 cup3/8 cup3/8 cup1/2 cup3/4 cup.Peanut butter or other nut or seed butters 2 Tbsp 3 Tbsp 3 Tbsp 4 Tbsp 6 Tbsp. Yogurt, plain or flavored, unsweetened or sweetened 4 oz. or 1/2 cup6 oz. or 3/4 cup6 oz. or 3/4 cup8 oz. or 1 cup 12 oz. or 1 1/2 cup.The following may be used to meet no more than 50% of the requirement and must be used in combination with any of the above: Peanuts, soynuts, tree nuts, or seeds, as listed in program guidance, or an equivalent quantity of any combination of the above meat/meat alternate (1oz. of nuts/seeds = 1oz. of cooked lean meat, poultry, or fish 1/2 oz.=50%3/4 oz.=50%3/4 oz.=50%1 oz.=50% 1 1/2 oz.=50%.Vegetable or Fruit: 2 or more servings of vegetables or fruits or both 1/2 cup1/2 cup1/2 cup3/4 cup3/4 cup.Bread or Bread Alternate (Servings per week): Must be enriched or whole grain. A serving is a slice of bread or an equivalent serving of biscuits, rolls, etc., or 1/2 cup of cooked rice, macaroni, noodles, other pasta products or cereal grains5 per week—minimum of 1/2 day8 per week—minimum of 1 per day 8 per week—minimum of 1 per day 8 per week—minimum of 1 per day 10 per week—minimum of 1 per day. (d)
Lunch components. This section specifies the basic food components of the school lunch pattern which shall be served as food items in quantities specified in paragraph (c) of this section.(1)
Milk. Schools shall offer students fluid whole milk and fluid unflavored lowfat milk. This requirement does not preclude schools from offering additional kinds of milk. All milk served shall be pasteurized fluid types of milk which meet State and local standards for such milk; except that, in the meal pattern for infants under 1 year of age, the milk shall be breast milk or iron-fortified infant formula. All milk shall contain vitamins A and D at levels specified by the Food and Drug Administration and consistent with State and local standards for such milk. School food authorities that served3/4 cup (6 fluid ounces) of milk to Group III children prior to May 1, 1980, may continue to do so. Such school food authorities shall retain documentation of the date on which they began such service and the reasons for adopting this portion size.(2)
Meat or meat alternate. The quantity of meat or meat alternate shall be the quantity of the edible portionas served. When the school determines that the portion size of a meat alternate is excessive, it shall reduce the portion size of that particular meat alternate and supplement it with another meat/meat alternate to meet the full requirement. To be counted as meeting the requirement, the meat or meat alternate shall be served in a main dish or in a main dish and only one other menu item. The Department recommends that if schools do not offerchildren choices of meat or meat alternates each day, they serve no one meat alternate or form of meat (e.g., ground, diced, pieces) more than three times in a single week. (i) Vegetable protein products and enriched macaroni with fortified protein defined in appendix A may be used to meet part of the meat or meat alternate requirement when used as specified in appendix A. An enriched macaroni product with fortified protein as defined in appendix A may be used as part of a meat alternate or as a bread alternate, but not as both food components in the same meal.
(ii) Nuts and seeds and their butters listed in program guidance are nutritionally comparable to meat or other meat alternates based on available nutritional data. Acorns, chestnuts, and coconuts shall not be used as meat alternates due to their low protein and iron content. Nut and seed meals or flours shall not be used as a meat alternate except as defined in this part under Appendix A: Alternate Foods for Meals. As noted in the School Lunch Pattern table of this section, nuts or seeds may be used to meet no more than one-half of the meat/meat alternate requirement. Therefore, nuts and seeds must be used in the meal with another meat/meat alternate to fulfill the requirement.
(iii) Yogurt may be used to meet all or part of the meat/meat alternate requirement. Yogurt served may be either plain or flavored, unsweetened or sweetened. Noncommercial and/or nonstandardized yogurt products, such as frozen yogurt, homemade yogurt, yogurt flavored products, yogurt bars, yogurt covered fruit and/or nuts or similar products shall not be credited. Four ounces (weight) or
1/2 cup (volume) of yogurt fulfills the equivalent of one ounce of the meat/meat alternate requirement in the meal pattern.(3)
Vegetable or fruit. Full strength vegetable or fruit juice may be counted to meet not more than one-half of the vegetable/fruit requirement. Cooked dry beans or peas may be used as a meat alternate or as a vegetable, but not as both food components in the same meal.(4)
Bread or bread alternate. (i) All breads or bread alternates such as bread, biscuits, muffins or rice, macaroni, noodles, other pastas or cereal grains such as bulgur or corn grits, shall be enriched or whole grain or made with enriched or whole grain meal or flour.(ii) Unlike the other component requirements, the bread requirement is based on minimum daily servings
and total servings per week. Schools shall serve daily at least one-half serving of bread or bread alternate to children in Group Iand at least one serving to children in Groups II-V. Schools which serve lunch at least 5 days a week shall serve a total of at least five servings of bread or bread alternate to children in Group I and eight servings per week to children in Groups II-V. Schools serving lunch 6 or 7 days per week should increase the weekly quantity by approximately 20 percent (1/5 ) for each additional day. When schools operate less than 5 days per week, they may decrease the weekly quantity by approximately 20 percent (1/5 ) for each day less than five. The servings for biscuits, rolls, muffins, and other bread alternates are specified in theFood Buying Guide for Child Nutrition Programs (PA 1331), an FNS publication.(e)
Offer versus serve. Each school shalloffer its students all five required food items as set forth in the table presented under paragraph (c). Senior high students shall be permitted to decline up to two of the five required food items. At the discretion of the school food authority, students below the senior high levelmay be permitted to decline one or two of the required five food items. The price of a reimbursable lunch shall not be affected if a student declines food items or accepts smaller portions. State educational agencies shall define “senior high.”(f)
Choice. To provide variety and to encourage consumption and participation, schools should, whenever possible, provide a selection of foods and types of milk from which children may make choices. When a school offers a selection of more than one type of lunch or when it offers a variety of foods and milk for choice within the required lunch pattern, the school shall offer all children the same selection regardless of whether the children are eligible for free or reduced price lunches or pay theschool food authority designated full price. The school may establish different unit prices for each type of lunch served provided that the benefits made available to children eligible for free or reduced price lunches are not affected. (g)
Lunch period. At or about mid-day schools shall serve lunches which meet the requirements of this part during a period designated as the lunch period by the school food authority. Such lunch periods shall occur between 10:00 a.m. and 2:00 p.m., unless otherwise exempted by FNS. With State approval, schools that serve children 1-5 years old are encouraged to divide the service of the specified quantities and food items into two distinct service periods. Such schools may divide the quantities and/or food items between these service periods in any combination that they choose.(h)
Infant lunch pattern. Infants under 1 year of age shall be served an infant lunch as specified in this paragraph when they participate in the Program. Foods within the infant lunch pattern shall be of texture and consistency appropriate for the particular age group being served, and shall be served to the infant during a span of time consistent with the infant's eating habits. For infants 4 through 7 months of age, solid foods are optional and should be introduced only when the infant is developmentally ready. Whenever possible the school should consult with the infant's parent in making the decision to introduce solid foods. Solid foods should be introduced one at a time on a gradual basis with the intent of ensuring health and nutritional well-being. For infants 8 through 11 months of age, the total amount of food authorized in the meal patterns set forth below must be provided in order to qualify for reimbursement. Additional foods may be served to infants 4 months of age and older with the intent of improving their overall nutrition. Breast milk, provided by the infant's mother may be served in place of infant formula from birth through 11 months of age. Either breast milk or iron-fortified infant formula shall be served for the entire first year. For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered. In these situations, additional breast milk must be offered if the infant is still hungry. Although it is recommended that either breast milk or iron-fortified infant formula be served for the entire first year, whole milk may be served beginning at 8 months of age as long as infants are consuming one-third of their calories as a balanced mixture of cereal, fruits, vegetables, and other foods in order to ensure adequate sources of iron and vitamin C. The infant lunch pattern shall contain, as a minimum, each of the following components in the amounts indicated for the appropriate age group:(1) Birth through 3 months—4 to 6 fluid ounces of breast milk or iron-fortified infant formula.
(2) 4 through 7 months—(i) 4 to 8 fluid ounces of breast milk or iron-fortified infant formula; (ii) 0 to 3 tablespoons of iron-fortified dry infant cereal (optional); and (iii) 0 to 3 tablespoons of fruit or vegetable of appropriate consistency or a combination of both (optional).
(3) 8 through 11 months—(i) 6 to 8 fluid ounces of breast milk or iron-fortified infant formula; (ii) 2 to 4 tablespoons of iron-fortified dry infant cereal and/or 1 to 4 tablespoons meat, fish, poultry, egg yolk, or cooked dry beans or peas, or
1/2 to 2 ounces (weight) of cheese or 1 to 4 ounces (weight or volume) of cottage cheese, cheese food or cheese spread of appropriate consistency; and (iii) 1 to 4 tablespoons of fruit or vegetable of appropriate consistency or a combination of both.Lunch Pattern for Infants Birth through 3 months 4 through 7 months 8 through 11 months Lunch 4-6 fl. oz. formula 1 or breast milk2, 3 4-8 fl. oz. formula 1 or breast milk2, 3 ;6-8 fl. oz. formula 1 or breast milk2, 3 ; and0-3 Tbsp. Infant cereal 1, 4 ;2-4 Tbsp. infant cereal 1 ; and/or0-3 Tbsp. Fruit and/or vegetable 4 1-4 Tbsp. meat, fish, poultry, egg yolk, cooked dry beans, or peas; or 1/2 -2 oz. cheese;or 1-4 Tbsp. cottage cheese, cheese food, or cheese spread; and 1-4 Tbsp. fruit and/or vegetable. 1 Infant formula and dry infant cereal shall be iron-fortified.2 It is recommended that breast milk be served in place of formula from birth through 11 months.3 For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered, with additional breast milk offered if the infant is still hungry.4 A serving of this component shall be optional.(i)
Exceptions. Lunches claimed for reimbursement shall meet the school lunch pattern requirements specified in paragraphs (c) and (d) of this section. However, lunches served which accommodate the exceptions and variations authorized under this paragraph are also reimbursable. Exceptions and variations are restricted to the following:(1)
Medical or dietary needs. Schools shall make substitutions in foods listed in this section for students who are considered handicapped under 7 CFR part 15b and whose handicap restricts their diet. Schools may also make substitutions for nonhandicapped students who are unable to consume the regular lunch because of medical or other special dietary needs. Substitutions shall be made on a case by case basis only when supported by a statement of the need for substitutions that includes recommended alternate foods, unless otherwise exempted by FNS. Such statement shall, in the case of a handicapped student, be signed by a physician or, in the case of a nonhandicapped student, by a recognized medical authority.(2)
Ethnic, religious or economic variations. FNS may approve variations in the food components of the lunch on an experimental or on a continuing basis in any school where there is evidence that such variations are nutritionally sound and are necessary to meet ethnic, religious, or economic needs.(3)
Foreign meal patterns. Schools in American Samoa, Puerto Rico and the Virgin Islands may serve a starchy vegetable such as yams, plantains, or sweet potatoes to meet the bread or bread alternate requirement. For the Commonwealth of the Northern Mariana Islands, FNS has established a meal pattern which is consistent with local food consumption patterns and which, given available food supplies and food service equipment and facilities, provides optimum nutrition consistent with sound dietary habits for participating children. The State agency shall attach to and make a part of the written agreement required under § 210.9, the requirements of that pattern.(4)
Natural disaster. In the event of a natural disaster or other catastrophe, FNS may temporarily allow schools to serve lunches for reimbursement that do not meet requirements of this section.(5)
Insufficient milk supply. The inability of a school to obtain a supply of milk shall not bar it from participation in the Program and is to be resolved as follows:(i) If emergency conditions temporarily prevent a school that normally has a supply of fluid milk from obtaining delivery of such milk, the State agency may approve the service of lunches during the emergency period with an available alternate form of milk or without milk.
(ii) If a school is unable to obtain a supply of fluid whole milk and fluid unflavored milk containing two percent or less milk fats on a continuing basis, the State agency may approve the service of either fluid whole milk or fluid unflavored milk containing two percent or less milk fats. The Department recommends that the State agency approve for service the available fluid milk with the lowest fat and sugar content. In Alaska, Hawaii, American Samoa, Guam, Puerto Rico, the Commonwealth of the Northern Marianas, and the Virgin Islands, if a sufficient supply of fluid milk cannot be obtained, “milk” shall include reconstituted or recombined milk, or as otherwise provided under written exception by FNS.
(iii) If a school is unable to obtain a supply of any type of fluid milk on a continuing basis, the State agency may approve the service of lunches without milk if the school uses an equivalent amount of canned, whole or nonfat dry milk in the preparation of the lunch.
(j)
Supplemental food. Eligible schools operating afterschool care programs may be reimbursed for one meal supplement served to an eligible child (as defined in § 210.2) per day.(1) Eligible schools mean schools that:
(i) Operate school lunch programs under the National School Lunch Act;
(ii) Sponsor afterschool care programs as defined in § 210.2; and
(iii) Were participating in the CACFP as of May 15, 1989.
(2) Meal supplements shall contain two different components from the following four:
(i) A serving of fluid milk as a beverage, or on cereal, or used in part for each purpose;
(ii) A serving of meat or meat alternate. Nuts and seeds and their butters listed in program guidance are nutritionally comparable to meat or other meat alternates based on available nutritional data. Acorns, chestnuts, and coconuts are excluded and shall not be used as meat alternates due to their low protein content. Nut or seed meals or flours shall not be used as a meat alternate except as defined in this part under Appendix A: Alternate Foods for Meals;
(iii) A serving of vegetable(s) or fruit(s) or full-strength vegetable or fruit juice, or an equivalent quantity of any combination of these foods. Juice may not be served when milk is served as the only other component;
(iv) A serving of whole-grain or enriched bread; or an equivalent serving of cornbread, biscuits, rolls, muffins, etc., made with whole-grain or enriched meal or flour; or a serving of cooked whole-grain or enriched pasta or noodle products such as macaroni, or cereal grains such as rice, bulgur, or corn grits; or an equivalent quantity of any combination of these foods.
(3) Infant supplements shall contain the following:
(i) Birth through 3 months: 4-6 fluid ounces of breast milk or iron-fortified infant formula.
(ii) 4 through 7 months: 4-6 fluid ounces of breast milk or iron-fortified infant formula.
(iii) 8 through 11 months: 2-4 fluid ounces of breast milk or iron-fortified infant formula or full strength fruit juice; 0-
1/2 slice of crusty bread or 0-2 cracker type products made from whole-grain or enriched meal or flour that are suitable for an infant for use as a finger food when appropriate. To improve the nutrition of participating children over one year of age, additional foods may be served with the meal supplements as desired.(4) The minimum amounts of food components to be served as meal supplements as set forth in paragraphs (j)(2) and (j)(3) of this section are as follows. Select two different components from the four listed. (Juice may not be served when milk is served as the only other component.)
Supplements for Infants Birth through 3 months 4 through 7 months 8 through 11 months Supplement (snack) 4-6 fl.oz. formula 1 or breast milk2, 3 4-6 fl. oz. formula 1 or breast milk2, 3 2-4 fl. oz. formula 1 , breast milk2, 3 , or fruit juice4 ;0- 1/2 bread5 or0-2 crackers. 5 1 Infant formula shall be iron-fortified.2 It is recommended that breast milk be served in place of formula from birth through 11 months.3 For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered, with additional breast milk offered if the infant is still hungry.4 Fruit juice shall be full-strength.5 Bread and bread alternates shall be made from whole-grain or enriched meal or flour. A serving of this component shall be optional.Supplements for Infants Birth through 3 months 4 months through 7 months 8 months through 11 months 4-6 fluid ounces formula. 1 4-6 fluid ounces formula. 1 2-4 fluid ounces formula, 1 breast milk,4 whole milk or fruit juice.2 0-1/2 slice bread or 0-2 crackers (optional).3 1 Shall be iron-fortified infant formula.2 Shall be full-strength fruit juice.3 Shall be from whole-grain or enriched meal or flour.4 Breast milk provided by the infant's mother may be served in place of formula from birth through 11 months. Meals containing only breast milk are not reimbursable. Meals containing breast milk served to infants 4 months or older may be claimed when the other meal component(s) is supplied by the child care facility.