97-5537. National School Lunch Program, School Breakfast Program, Summer Food Service Program for Children and Child and Adult Care Food Program: Meat Alternates Used in the Child Nutrition Programs  

  • [Federal Register Volume 62, Number 44 (Thursday, March 6, 1997)]
    [Rules and Regulations]
    [Pages 10187-10192]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-5537]
    
    
    
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    Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Rules 
    and Regulations
    
    [[Page 10187]]
    
    
    
    DEPARTMENT OF AGRICULTURE
    
    Food and Consumer Service
    
    7 CFR Parts 210, 220, 225 and 226
    
    RIN 0584-AC15
    
    
    National School Lunch Program, School Breakfast Program, Summer 
    Food Service Program for Children and Child and Adult Care Food 
    Program: Meat Alternates Used in the Child Nutrition Programs
    
    AGENCY: Food and Consumer Service, USDA.
    
    ACTION: Final Rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Food and Consumer Service of the Department of Agriculture 
    (Department) is amending the regulations governing the meal pattern 
    requirements for the National School Lunch Program (NSLP), the School 
    Breakfast Program (SBP), the Child and Adult Care Food Program (CACFP) 
    and the Summer Food Service Program for Children (SFSP) to allow yogurt 
    to be credited as a meat alternate for all meals. Formerly, yogurt 
    could be credited as a meat alternate only for the supplement (snack) 
    meal patterns of the Child Nutrition Programs. Under this final rule, 
    four ounces of yogurt satisfies one ounce of the meat/meat alternate 
    requirement for breakfasts, lunches and suppers served under any of the 
    Child Nutrition Programs. This final rule responds to numerous 
    recommendations for additional meat alternates and provides local food 
    service operations with greater flexibility in planning and preparing 
    meals using lowfat meat alternates.
    
    EFFECTIVE DATE: April 7, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Eadie, Chief, Policy and 
    Program Development Branch, Child Nutrition Division, Food and Consumer 
    Service, USDA, 3101 Park Center Drive, Alexandria, Virginia 22302; by 
    telephone (703) 305-2620.
    
    SUPPLEMENTARY INFORMATION:
    
    Executive Order 12866
    
        This final rule has been determined to be not significant for 
    purposes of Executive Order 12866 and, therefore, has not been reviewed 
    by the Office of Management and Budget.
    
    Regulatory Flexibility Act
    
        This final rule has been reviewed with regard to the requirements 
    of the Regulatory Flexibility Act (5 U.S.C. 601 through 612). The 
    Administrator of the Food and Consumer Service (FCS) has certified that 
    this rule will not have a significant economic impact on a substantial 
    number of small entities. This rule provides greater flexibility to 
    schools, institutions and homes participating in the NSLP, SBP, CACFP 
    and SFSP rather than imposing more restrictive requirements upon them. 
    The overall types and frequency of service of foods used in the meals 
    served in these programs will not be significantly affected by this 
    rule, and thus, this rule will not have a significant economic impact.
    
    Catalog of Federal Assistance
    
        The NSLP, SBP, SFSP and CACFP are listed in the Catalog of Federal 
    Domestic Assistance under Nos. 10.555, 10.553, 10.559 and 10.558, 
    respectively, and are subject to the provisions of Executive Order 
    12372, which requires intergovernmental consultation with State and 
    local officials. (7 CFR part 3015, subpart V and final rule-related 
    notice at 48 (FR) 29112, June 24, 1983.)
    
    Executive Order 12988
    
        This final rule has been reviewed under Executive Order 12988, 
    Civil Justice Reform. This final rule is intended to have preemptive 
    effect with respect to any State or local laws, regulations or policies 
    which conflict with its provisions or which would otherwise impede its 
    full implementation. This final rule is not intended to have 
    retroactive effect unless so specified in the Effective Date section of 
    this preamble. Prior to any judicial challenge to the provisions of 
    this final rule or the application of the provisions, all applicable 
    administrative procedures must be exhausted. In the NSLP and SBP, the 
    administrative procedures are set forth under the following 
    regulations: (1) School food authority appeals of State agency findings 
    as a result of an administrative review must follow State agency 
    hearing procedures as established pursuant to 7 CFR 210.18(q) and 
    220.14(e); (2) school food authority appeals of FCS findings as a 
    result of an administrative review must follow FCS hearing procedures 
    as established pursuant to 7 CFR 210.30(d)(3) and 220.14(g); and (3) 
    State agency appeals of State Administrative Expense fund sanctions (7 
    CFR 235.11(b)) must follow the FCS Administrative Review Process as 
    established pursuant to 7 CFR 235.11(f). In the SFSP, (1) Program 
    sponsors and food service management companies must follow State agency 
    hearing procedures issued pursuant to 7 CFR 225.13; and (2) disputes 
    involving procurement by State agencies and sponsors must follow 
    administrative appeal procedures to the extent required by 7 CFR 225.17 
    and 7 CFR part 3015. In the CACFP, (1) institution appeal procedures 
    are set forth in 7 CFR 226.6(k); and (2) disputes involving procurement 
    by State agencies and institutions must follow administrative appeal 
    procedures to the extent required by 7 CFR 226.22 and 7 CFR part 3015.
    
    Information Collection
    
        This final rule does not contain reporting and recordkeeping 
    requirements subject to approval by the Office of Management and Budget 
    (OMB) under the Paperwork Reduction Act of 1995. The programs being 
    amended are approved by OMB under the following control numbers: NSLP, 
    0584-0006; SBP, 0584-0012; SFSP, 0584-0280; and CACFP, 0584-0055.
    
    Background
    
        On July 5, 1996, the Department published a proposed rule to 
    authorize the crediting of yogurt as a meat/meat alternate for all 
    meals served under the NSLP, SBP, CACFP and SFSP (61 FR 35152-35157). 
    Under this proposal, local food services would have the option of 
    offering yogurt as a meat alternate with four ounces of yogurt equaling 
    one ounce of meat. The Department proposed the four-to-one ratio of 
    yogurt to meat in order to allow adequate levels of iron and niacin to 
    continue being provided. The proposal also stipulated that the 
    crediting change
    
    [[Page 10188]]
    
    would apply only to commercially prepared products which meet the 
    definition and standard of identity for yogurt as established by the 
    Food and Drug Administration (FDA) for yogurt, low fat yogurt and 
    nonfat yogurt. (See 21 CFR 131.200, 131.203 and 131.206.) The proposal 
    would not apply to the yogurt found on or in noncommercial and/or 
    nonstandardized yogurt products, such as frozen yogurt, homemade 
    yogurt, yogurt flavored products, yogurt bars, yogurt covered fruits 
    and/or nuts or similar products. Finally, as a practical matter, the 
    Department noted that the proposed regulation would apply only to meals 
    planned and prepared using a food-based menu planning system, because 
    schools planning and preparing meals on the basis of nutrient analysis 
    do not have to observe specific component/quantity requirements and, 
    therefore, are not subject to crediting requirements. For a complete 
    discussion of the background to the proposed rule and the issues 
    surrounding its provisions, interested parties should refer to the 
    preamble of the proposal.
        The Department issued the proposed rule as part of the School Meals 
    Initiative for Healthy Children, a comprehensive, integrated plan to 
    provide school children with varied, nutritious, healthful and 
    appealing meals. As the first step in the School Meals Initiative for 
    Healthy Children, the Department published a final rule on June 13, 
    1995, which established updated nutrition requirements for school 
    lunches and breakfasts and provided local food service professionals 
    with unprecedented flexibility to plan and prepare meals using a menu 
    planning system that best meets their needs (60 FR 31188). Beginning 
    July 1, 1996, schools are required to serve lunches that, over a week's 
    time, provide one-third of the Recommended Dietary Allowances (RDA) for 
    key nutrients and one-third of the calories needed by children of 
    different ages. School breakfasts must provide one-fourth of the RDA 
    for key nutrients and calories. In addition, school meals must comply 
    with the recommendations of the Dietary Guidelines for Americans, 
    including the limitations on calories from fat (no more than 30 percent 
    of total calories) and saturated fat (less than 10 percent of total 
    calories). The only exceptions to these standards are for schools that 
    have been authorized by the State agency to delay implementation for 
    not more than two years.
        To achieve compliance with these requirements, school meal planners 
    may select one of four menu planning options. Schools may elect to use 
    Nutrient Standard Menu Planning, under which they conduct a nutrient 
    analysis of the foods being prepared and make adjustments as needed. A 
    second option is a variant of Nutrient Standard Menu Planning called 
    Assisted Nutrient Standard Menu Planning, under which the analysis and 
    subsequent development of recipes and menus are conducted by an outside 
    party. In addition, there are two food-based menu planning systems from 
    which to choose: The traditional meal pattern, consisting of the same 
    component and quantity requirements that were in effect on July 1, 
    1995, and the enhanced meal pattern, that is based on the traditional 
    pattern but has increased amounts of fruits/vegetables and grains/
    breads.
        Because local planners using nutrient analysis do not have to 
    satisfy specific component/quantity requirements or meet crediting 
    standards, they are able to select various lowfat and nonfat sources of 
    protein for their meals. To provide planners using food-based systems 
    with similar flexibility, State agencies and local food service 
    professionals requested the Department to reevaluate the use of yogurt 
    as a meat/meat alternate for these menu planning systems. They also 
    requested the Department to extend this consideration to the CACFP and 
    the SFSP. Based on this reevaluation, the Department issued the July 5, 
    1996, proposed rule.
        During the official comment period, which ended on September 3, 
    1996, the Department received 2077 comments. The following groups 
    generated the greatest number of responses: general public (857), local 
    food service personnel (528), other local agency personnel (534) and 
    industry (90). Over 1900 of the comments supported the proposal, 
    generally on the grounds that it would provide greater flexibility for 
    local food services to reduce fat content. Some commenters also noted 
    that the crediting of yogurt would enhance the ability of local 
    planners to meet the nutrition needs of children who are lactose 
    intolerant or who are vegetarians. Commenters who disapproved of the 
    proposed rule essentially raised three objections. First, they voiced 
    concern that the Department was attempting to eliminate meat products 
    from meals served under the Child Nutrition Programs. Second, they 
    maintained that it would be inappropriate to use a dairy product as a 
    substitute for meat. Third, they noted that yogurt is inherently low in 
    iron and niacin, both of which are generally provided by the meat/meat 
    alternate. The remainder of this preamble discusses these issues.
    
    Elimination of Meat Products
    
        The Department emphasizes that the proposed rule was not intended 
    as an endorsement of yogurt at the expense of meat products or other 
    meat alternates. On the contrary, the proposal simply provides local 
    food services with an additional option for meeting a variety of the 
    needs and tastes of children. In fact, the Department does not envision 
    any significant reduction in meat offerings given the traditional 
    popularity of meat products. Moreover, it should be noted that even 
    when yogurt is served, it would not necessarily replace meat entirely. 
    For example, a school might serve a four ounce portion of yogurt in 
    combination with a half sandwich, a cup of soup or salad containing a 
    one ounce or equivalent portion of meat/meat alternate. Finally, some 
    children who could benefit from this rule would not consume meat even 
    if there were no alternative, because they are vegetarians or otherwise 
    are not permitted to eat certain kinds of meat. For these reasons, the 
    Department does not believe that the meat industry will be adversely 
    affected by providing local food services with the option of serving 
    yogurt.
    
    Inappropriate Substitution
    
        The purpose of the meat/meat alternate component in food-based menu 
    planning systems is to ensure that an adequate source of protein is 
    available as part of the meal. This specific requirement is not 
    necessary in meal planning systems based on nutrient analysis because 
    protein is one of the nutrients automatically measured as the meal is 
    planned. However, the Department has long recognized that some non-meat 
    products can provide the protein and other nutrients normally supplied 
    by meat. Nuts and seeds as well as cheese/cheese alternates have been 
    available as meat alternates for years. The Department also notes that 
    yogurt is already credited as a meat alternate for snacks in the Child 
    Nutrition Programs. Finally, allowing yogurt as a meat alternate would 
    enable local food services to better serve children who, for religious 
    or other reasons, are unable to eat meat.
    
    Inadequacy of Certain Key Nutrients
    
        A number of commenters were concerned that yogurt is inherently low 
    in two key nutrients--iron and niacin--generally provided by the meat/
    meat alternate component. The Department recognizes this shortcoming 
    and shares commenters' concern for the nutritional
    
    [[Page 10189]]
    
    adequacy of meals served to children. The nutritional contributions of 
    yogurt were carefully considered when the Department proposed to credit 
    yogurt at the ratio of four ounces of yogurt to one ounce of meat. The 
    Department notes, however, that children will continue to obtain key 
    nutrients from a variety of foods. For example, when averaged over a 
    week, other foods such as lean meats, beans, eggs and grains will be 
    able to supplement the nutrients available in yogurt. Moreover, meal 
    planners can also serve yogurt in combination with other foods. For 
    example, as noted above, a local meal planner could offer children four 
    ounces of yogurt along with a half sandwich, a cup of soup or salad. 
    Finally, in response to requests from the school food service and 
    nutrition advocacy communities, the Department intends to provide 
    guidance material to assist local meal planners.
    
    Definition and Standard of Identity
    
        In the proposed rule, the Department stipulated that, to be 
    credited, a yogurt product would have to meet the standard of identity 
    for yogurt established by the FDA. However, the current definition and 
    standard of identity includes yogurt products that contain no live 
    bacteria cultures because the extremely high temperatures at which the 
    products are processed to remove the tartness kill the bacteria. In 
    response, the National Yogurt Association has petitioned to FDA to have 
    yogurt products without live and active cultures excluded from the 
    definition and standard of identity of yogurt. A large number of 
    comments recommended that the Department follow the Association's 
    recommendation and stipulate in the final rule that only yogurt 
    containing live and active bacterial cultures be credited in the Child 
    Nutrition Programs.
        The Department appreciates commenters' position on this issue. 
    However, the FDA is the Federal agency responsible for making decisions 
    about product definitions and standards of identity, and it would be 
    inappropriate for the Department to anticipate whether or not the FDA 
    will adopt the recommendation of the National Yogurt Association's 
    petition to exclude products which do not contain active live bacteria 
    cultures from the definition and standard of identity of yogurt. It 
    should also be noted that any amendments to the FDA definition and 
    standard of identity for yogurt will be automatically implemented in 
    the Child Nutrition Programs by virtue of the cross reference in this 
    regulation to the FDA regulations. Moreover, the Department will make 
    any other amendments as necessary. Finally, this final rule makes a 
    technical change to the proposed rule to change the phrase ``standard 
    of identity'' to read ``definition and standard of identity.''
    
    Conclusion
    
        For the reasons described above, the Department is adopting the 
    July 5, 1996, proposal without change. The Department emphasizes, 
    however, that it is aware that many of the yogurt products that could 
    satisfy the regulatory requirements as the meat/meat alternate 
    component of the meal are actually more like dessert items. The 
    Department continues to expect that schools and institutions will 
    exercise good judgment in selecting yogurt products for their meals. 
    The Department also notes that this crediting policy does not extend to 
    noncommercial and/or nonstandardized yogurt products, such as frozen 
    yogurt, homemade yogurt, yogurt flavored products, yogurt bars, yogurt 
    covering on fruit and/or nuts and similar products.
    
    List of Subjects
    
    7 CFR Part 210
    
        Children, Commodity School Program, Food assistance programs, 
    Grants programs-social programs, National School Lunch Program, 
    Nutrition, Reporting and recordkeeping requirements, Surplus 
    agricultural commodities.
    
    7 CFR Part 220
    
        Children, Food assistance programs, Grants programs-social 
    programs, Nutrition, Reporting and recordkeeping requirements, School 
    Breakfast Program.
    
    7 CFR Part 225
    
        Food assistance programs, Grant programs--health, infants and 
    children, Reporting and Recordkeeping requirements.
    
    7 CFR Part 226
    
        Day care, Food assistance programs, Grant programs--health, infants 
    and children, Surplus agricultural commodities.
    
        Accordingly, the Department is amending 7 CFR part 210, 220, 225 
    and 226 as follows:
    
    PART 210--NATIONAL SCHOOL LUNCH PROGRAM
    
        1. The authority citation for part 210 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 1751-1760, 1779.
    
        2. In Sec. 210.2 a definition for Yogurt is added in alphabetical 
    order to read as follows:
    
    
    Sec. 210.2  Definitions.
    
    * * * * *
        Yogurt means commercially prepared coagulated milk products 
    obtained by the fermentation of specific bacteria, that meet milk fat 
    or milk solid requirements and to which flavoring foods or ingredients 
    may be added. These products are covered by the Food and Drug 
    Administration's Definition and Standard of Identity for yogurt, lowfat 
    yogurt, and nonfat yogurt, 21 CFR 131.200, 21 CFR 131.203, and 21 CFR 
    131.206, respectively.
        3. In Sec. 210.10:
        a. The meat or meat alternate section in the first column of the 
    table in paragraph (k)(2) is amended by adding a new entry for yogurt 
    after the entry for ``Peanut butter or other nut or seed butters'';
        b. New paragraph (k)(3)(iii) is added;
        c. Paragraph (n)(3)(iv) is amended by removing the words ``in the 
    snack only'' from the first sentence of footnote 4 in the ``Meal 
    Supplement Chart for Children''.
        The additions read as follows:
    
    
    Sec. 210.10  Nutrition standards for lunches and menu planning methods.
    
    * * * * *
        (k) Food-based menu planning. * * *
        (2) Minimum quantities. * * *
    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Minimum quantities required for                                                                                                
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------     Option for grades K-3    
              Meal component                      Ages 1-2                        Preschool                      Grades K-6                      Grades 7-12                                        
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                                    
                                         *                  *                  *                    *                    *                  *                  *                                    
    Meat or Meat Alternate (quantity                                                                                                                                                                
     of the edible portion as                                                                                                                                                                       
     served). * * *                                                                                                                                                                                 
    
    [[Page 10190]]
    
                                                                                                                                                                                                    
    Yogurt, plain or flavored,         4 oz. or \1/2\ cup............  6 oz. or \3/4\ cup............  8 oz. or 1 cup................  8 oz. or 1 cup................  6 oz. or \3/4\ cup.          
     unsweetened or sweetened.                                                                                                                                                                      
                                                                                                                                                                                                    
                                         *                  *                  *                    *                    *                  *                  *                                    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    * * * * *
        (3) * * *
        (iii) Yogurt may be used to meet all or part of the meat/meat 
    alternate requirement. Yogurt served may be either plain or flavored, 
    unsweetened or sweetened. Noncommercial and/or nonstandardized yogurt 
    products, such as frozen yogurt, homemade yogurt, yogurt flavored 
    products, yogurt bars, yogurt covered fruit and/or nuts or similar 
    products shall not be credited. Four ounces (weight) or \1/2\ cup 
    (volume) of yogurt fulfills the equivalent of one ounce of the meat/
    meat alternate requirement in the meal pattern.
    * * * * *
        4. In Sec. 210.10a:
        a. the meat or meat alternate section in the first column of the 
    table in paragraph (c) is amended by adding a new entry for yogurt 
    after the entry for ``Peanut butter or other nut or seed butters'';
        b. new paragraph (d)(2)(iii) is added;
        c. paragraph (j)(3) is amended by removing the words ``in the snack 
    only'' from the first sentence of footnote 4 in the ``Meal Supplement 
    Chart for Children.''
        The additions read as follows:
    
    
    Sec. 210.10a  Lunch components and quantities for the meal pattern.
    
    * * * * *
        (c) Minimum required lunch quantities. * * *
    
                                                                                 School Lunch Pattern-Per Lunch Minimums                                                                            
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Minimum quantities                                                                                                      
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Recommended quantities: group
                                                                                                                                        Group IV, age 9 and older (4-   V, 12 years and older (7-12)
       Food components and food items     Group I, age 1-2, (preschool)   Group II, age 3-4 (preschool)     Group III, age 5-8 (K-3)                 12)                                            
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
    Meat or Meat Alternate (quantity of                                                                                                                                                             
     the edible portion as served): * *                                                                                                                                                             
     *                                                                                                                                                                                              
    Yogurt, plain or flavored,           4 oz. or \1/2\ cup............  6 oz. or \3/4\ cup............  6 oz. or \3/4\ cup...........  8 oz. or 1 cup...............  12 oz. or 1\1/2\.            
     unsweetened or sweetened..                                                                                                                                                                     
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
        (d) Lunch components. * * *
        (2) Meat or meat alternate. * * *
        (iii) Yogurt may be used to meet all or part of the meat/meat 
    alternate requirement. Yogurt served may be either plain or flavored, 
    unsweetened or sweetened. Noncommercial and/or nonstandardized yogurt 
    products, such as frozen yogurt, homemade yogurt, yogurt flavored 
    products, yogurt bars, yogurt covered fruit and/or nuts or similar 
    products shall not be credited. Four ounces (weight) or \1/2\ cup 
    (volume) of yogurt fulfills the equivalent of one ounce of the meat/
    meat alternate requirement in the meal pattern.
    * * * * *
    
    PART 220--SCHOOL BREAKFAST PROGRAM
    
        1. The authority citation for part 220 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.
        2. In Sec. 220.2 a new paragraph (bb) is added to read as follows:
    
    
    Sec. 220.2  Definitions
    
    * * * * *
        (bb) Yogurt means commercially prepared coagulated milk products 
    obtained by the fermentation of specific bacteria, that meet milk fat 
    or milk solid requirements and to which flavoring foods or ingredients 
    may be added. These products are covered by the Food and Drug 
    Administration's Definition and Standard of Identity for yogurt, lowfat 
    yogurt, and nonfat yogurt, 21 CFR 131.200, 21 CFR 131.203, and 21 CFR 
    131.206, respectively.
        3. In Sec. 220.8, the meat or meat alternates section in the first 
    column of the table in paragraph (g)(2) is amended by adding a new 
    entry for yogurt after the entry for ``Nut and/or seeds'' to read as 
    follows:
    
    
    Sec. 220.8  Nutrition standards for breakfast and menu planning 
    alternatives.
    
    * * * * *
        (g) Food-based menu planning. * * *
        (2) Minimum quantities. * * *
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Minimum quantities required for                                                                          
    -----------------------------------------------------------------------------------------------------------------------------   Option for grades 7-12  
             Meal component                     Ages 1-2                      Preschool                     Grades K-12                                     
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Meat or Meat Alternates: * * *                                                                                                                          
    Yogurt, plain or flavored,       2 oz. or \1/4\ cup...........  2 oz. or \1/4\ cup...........  4 oz. or \1/2\ cup...........  4 oz. or \1/2\ cup        
     unsweetened or sweetened.                                                                                                                              
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    [[Page 10191]]
    
    * * * * *
        4. In Sec. 220.8a, the meat or meat alternates section in the first 
    column of the table in paragraph (a)(2) is amended by adding a new 
    entry for yogurt after the entry for ``Nuts and/or seeds'' to read as 
    follows:
    
    
    Sec. 220.8a  Breakfast components and quantities for the meal pattern.
    
        (a) (1) Food components. * * *
        (2) Minimum required breakfast quantities. * * *
    
                                                School Breakfast Pattern                                            
                                            [Required minimum serving sizes]                                        
    ----------------------------------------------------------------------------------------------------------------
        Food components/items              Ages 1 and 2              Ages 3, 4, and 5              Grades K-12      
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    Meat/Meat Alternates: * * *                                                                                     
    Yogurt, plain or flavored,     2 oz. or \1/4\ cup.........  2 oz. or \1/4\ cup........  4 oz. or \1/2\ cup.     
     unsweetened or sweetened.                                                                                      
    ----------------------------------------------------------------------------------------------------------------
    
    * * * * *
    
    PART 225--SUMMER FOOD SERVICE PROGRAM
    
        1. The authority citation for Part 225 continues to read as 
    follows:
    
        Authority: Secs. 9, 13 and 14, National School Lunch Act, as 
    amended (42 U.S.C. 1758, 1761 and 1762a).
    
        2. In Sec. 225.16:
        a. the Meat and Meat Alternates (Optional) section of the table in 
    paragraph (d)(1) is amended by adding a new entry for yogurt after the 
    entry for ``Peanut butter or an equivalent quantity of any combination 
    of meat/meat alternate'';
        b. the Meat and Meat Alternates section of the table in paragraph 
    (d)(2) is amended by adding a new entry for yogurt after the entry for 
    ``Peanuts or soynuts or tree nuts or seed''.
        The additions read as follows:
    
    
    Sec. 225.16  Meal service requirements.
    
    * * * * *
        (d) Meal patterns. * * *
    BREAKFAST
        (1) * * *
    
    ------------------------------------------------------------------------
               Food components                       Minimum amount         
    ------------------------------------------------------------------------
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    Meat and Meat Alternates (Optional) *                                   
     * * or                                                                 
    Yogurt, plain or flavored,             4 oz. or \1/2\ cup.              
     unsweetened or sweetened.                                              
    ------------------------------------------------------------------------
    
    * * * * *
    LUNCH OR SUPPER
        (2) * * *
    
    ------------------------------------------------------------------------
               Food components                       Minimum amount         
    ------------------------------------------------------------------------
    Meat and Meat Alternates * * * or                                       
    Yogurt, plain or flavored,             8 oz. or 1 cup.                  
     unsweetened or sweetened.                                              
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    ------------------------------------------------------------------------
    
    * * * * *
    
    PART 226--CHILD AND ADULT CARE FOOD PROGRAM
    
        1. The authority citation for Part 226 continues to read as 
    follows:
    
        Authority: Secs. 9, 11, 14, 16, and 17, National School Lunch 
    Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 1765 and 1766).
    
        2. In Sec. 226.20:
        a. new paragraph (a)(2)(ii)(C) is added;
        b. the Meat and Meat Alternates section in the first column of the 
    tables in paragraphs (c)(2) and (c)(3) are amended by adding a new 
    entry for yogurt after the entries for ``Peanuts or soynuts or tree 
    nuts or seeds'';
        c. paragraph (d)(1) is amended by adding a semicolon and the words 
    ``or 4 oz of yogurt;'' after the words ``peanut butter''.
        The additions read as follows:
    
    
    Sec. 226.20  Requirements for meals.
    
        (a) * * *
        (2) * * *
        (ii) * * *
        (C) Yogurt may be used to meet all or part of the meat/meat 
    alternate requirement. Yogurt served may be either plain or flavored, 
    unsweetened or sweetened. Noncommercial and/or nonstandardized yogurt 
    products, such as frozen yogurt, homemade yogurt, yogurt flavored 
    products, yogurt bars, yogurt covered fruit and/or nuts or similar 
    products shall not be credited. Four ounces (weight) or \1/2\ cup 
    (volume) of yogurt fulfills the equivalent of one ounce of the meat/
    meat alternate requirement in the meal pattern.
    * * * * *
        (c) Meal patterns for children age one through 12 and adult 
    participants. * * *
    LUNCH
        (2) * * *
    
    [[Page 10192]]
    
    
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
            Food components                   Age 1 and 2                  Age 3 through 5              Age 6 through 12 \1\          Adult participants    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Meat and Meat Alternates * * *                                                                                                                          
     or                                                                                                                                                     
    Yogurt, plain or flavored,       4 oz. or \1/2\ cup...........  6 oz. or \3/4\ cup...........  8 oz. or 1 cup...............  8 oz. or 1 cup.           
     unsweetened or sweetened.                                                                                                                              
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ The text is unchanged.                                                                                                                              
    
    * * * * *
        (3) * * *
          
        SUPPER
          
          
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
            Food components              Children ages 1 and 2        Children ages 3 through 5      Children ages 6 through 12       Adult participants    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Meat and Meat Alternates * * *                                                                                                                          
     or.                                                                                                                                                    
    Yogurt, plain or flavored,       4 oz. or \1/2\ cup...........  6 oz. or \3/4\ cup...........  8 oz. or 1 cup...............  8 oz. or 1 cup.           
     unsweetened or sweetened.                                                                                                                              
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    * * * * *
        Dated: February 28, 1997.
    William E. Ludwig,
    Administrator, Food and Consumer Service.
    [FR Doc. 97-5537 Filed 3-5-97; 8:45 am]
    BILLING CODE 3410-30-P
    
    
    

Document Information

Effective Date:
4/7/1997
Published:
03/06/1997
Department:
Food and Consumer Service
Entry Type:
Rule
Action:
Final Rule.
Document Number:
97-5537
Dates:
April 7, 1997.
Pages:
10187-10192 (6 pages)
RINs:
0584-AC15: Crediting of Yogurt in the School Meals Programs
RIN Links:
https://www.federalregister.gov/regulations/0584-AC15/crediting-of-yogurt-in-the-school-meals-programs
PDF File:
97-5537.pdf
CFR: (8)
7 CFR 210.2
7 CFR 210.10
7 CFR 220.2
7 CFR 220.8
7 CFR 225.16
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