96-16992. National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program and Summer Food Service Program for Children: Meat Alternates Used in the Child Nutrition Programs  

  • [Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
    [Proposed Rules]
    [Pages 35152-35157]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-16992]
    
    
    ========================================================================
    Proposed Rules
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains notices to the public of 
    the proposed issuance of rules and regulations. The purpose of these 
    notices is to give interested persons an opportunity to participate in 
    the rule making prior to the adoption of the final rules.
    
    ========================================================================
    
    
    Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed 
    Rules
    
    [[Page 35152]]
    
    
    
    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, Child 
    and Adult Care Food Program and Summer Food Service Program for 
    Children: Meat Alternates Used in the Child Nutrition Programs
    
    AGENCY: Food and Consumer Service, USDA.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Food and Consumer Service of the Department of Agriculture 
    is proposing to amend regulations concerning the meal pattern 
    requirements for the National School Lunch Program (NSLP), School 
    Breakfast Program (SBP), Summer Food Service Program (SFSP) and Child 
    and Adult Care Food Program (CACFP) to allow yogurt to be credited as a 
    meat alternate for all meals. Currently, yogurt may only be credited as 
    a meat alternate for the supplement (snack) meal patterns of the SFSP 
    and CACFP. Under this proposal, four ounces of yogurt would satisfy one 
    ounce of the meat/meat alternate requirement for breakfasts and lunches 
    served under any of the Child Nutrition Programs. This proposal 
    responds to numerous recommendations for additional meat alternates and 
    provides local food service operations with greater flexibility in 
    planning and preparing meals using low-fat meat alternates.
    
    DATES: To be assured of consideration, comments must be postmarked on 
    or before August 19, 1996.
    
    ADDRESSES: Comments may be mailed to Robert M. Eadie, Chief, Policy and 
    Program Development Branch, Child Nutrition Division, Food and Consumer 
    Service, USDA, 3101 Park Center Drive, Alexandria, Virginia 22302.
    FOR FURTHER INFORMATION CONTACT: Robert M. Eadie or Charles Heise at 
    the above address or by telephone at 703-305-2620.
    
    SUPPLEMENTARY INFORMATION:
    
    Executive Order 12866
    
        This proposed 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 proposed 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, SFSP and CACFP rather than imposing more restrictive 
    requirements upon them. The overall types and frequency of service of 
    foods used in the meals served in these four programs would not be 
    significantly affected by this rule. Currently, yogurt may be served as 
    an additional, uncredited food which is used to complement meal pattern 
    requirements to meet regional and ethnic food preferences and as a meat 
    alternate only in the supplement meal patterns of the CACFP and the 
    SFSP.
    
    Catalog of Federal Assistance
    
        The NSLP, SBP, SFSP and the 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 Federal Register (FR) 29112, June 24, 1983.)
    
    Executive Order 12778
    
        This proposed rule has been reviewed under Executive Order 12778, 
    Civil Justice Reform. This proposed 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 proposed 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 proposed 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 
    Secs. 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 Secs. 210.30(d)(3) 
    and 220.14(g); and (3) State agency appeals of State Administrative 
    Expense fund sanctions (7 CFR Sec. 235.11(b)) must follow the FCS 
    Administrative Review Process as established pursuant to 7 CFR 
    Sec. 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 proposed rule contains no new information collection 
    requirements which are subject to review by the Office of Management 
    and Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 
    Chapter 35). 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
    
        Sections 9(a), 13(f) and 17(g) of the National School Lunch Act (42 
    U.S.C. 1758(a); 1761(f); and 1766(g) and Section 4(e)(1)(A) of the 
    Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)(A)) require the 
    Secretary of Agriculture to set minimum nutritional requirements
    
    [[Page 35153]]
    
    for meals and supplements served in the Child Nutrition Programs. The 
    Department meets these requirements by requiring the use of menu 
    planning alternatives for lunches and breakfasts designed to enable 
    these meals, over time, to provide approximately one-third and one-
    fourth of the Recommended Dietary Allowances (RDA) for key nutrients, 
    respectively. Although SFSP and CACFP meal patterns are not designed to 
    satisfy a particular percentage of daily required nutrients, the 
    program requirements are designed to provide nutritious and well-
    balanced meals and supplements.
        On June 13, 1995, the Department published a final rule (60 FR 
    31188) to update the nutrition standards for the school meals programs 
    and to provide local schools with a variety of menu planning systems to 
    choose from in meeting these standards. Under the School Meals 
    Initiative for Healthy Children, beginning in School Year 1996/1997, 
    school lunches must provide over a week's time one-third of the RDA for 
    key nutrients as well as one-third of the Recommended Energy Intake 
    (calories) needed by children (7 CFR 210.10(b)(1) and (2)). The meals 
    must also comply with the recommendations of the 1990 Dietary 
    Guidelines for Americans, including limits on calories from fat (no 
    more than 30 percent of total calories) and saturated fat (less than 10 
    percent of total calories) (42 U.S.C. 1758(f); 7 CFR 210.10(b)(3)). 
    Breakfasts must provide one-fourth of the RDA and calories and meet the 
    recommendations of the Dietary Guidelines (7 CFR 220.8(a)).
        The updated regulations also provide school meal planners with 
    various menu planning options: Nutrient Standard Menu Planning 
    (NuMenus), Assisted Nutrient Standard Menu Planning (Assisted NuMenus) 
    and a food-based system. Subsequent to publication of the updated 
    regulation, section 2 of Public Law 104-149, the Healthy Meals for 
    Children Act, provided for additional food-based alternatives. The 
    Department will discuss the effects of this law when it issues guidance 
    for implementation.
        Since NuMenus and Assisted NuMenus require that schools analyze the 
    nutrient content of meals rather than consider specific food 
    components, the crediting rules applicable to meal patterns are no 
    longer relevant for these meal planning options. As long as the 
    nutrition standards are achieved, meal planners have wide latitude in 
    determining the foods they will serve and the size of the portions. 
    Crediting rules continue to be necessary under any food-based systems, 
    however, to ensure that all components are available to children in 
    sufficient quantities to meet all of the nutrition standards. The 
    nutrition requirements and NuMenus and Assisted NuMenus options of the 
    School Meals Initiative for Healthy Children are not currently 
    applicable to meals and supplements served in the SFSP or CACFP.
    
    Crediting of Yogurt
    
        One long-standing crediting issue involves the appropriate use of 
    yogurt in the Child Nutrition Programs' meal patterns. In 1981 (46 FR 
    44452, September 4, 1981), in response to requests from program 
    participants (principally child care providers) and the food industry, 
    the Department proposed that yogurt be allowed, at local option, to 
    meet either the milk or meat/meat alternate requirement in the Child 
    Nutrition Programs. This proposed provision, which was included as part 
    of a larger proposed rulemaking dealing with crediting issues, 
    generated responses from over 1,000 commenters, many of whom were 
    concerned about sugar content, cost, acceptability and the lower iron 
    levels in yogurt relative to other meat alternates. Ultimately, the 
    Department decided to withdraw the entire proposed rulemaking (46 FR 
    48688, October 2, 1981).
        The issue of yogurt resurfaced in 1985 when a proposed rule (50 FR 
    49933, December 6, 1985) to allow certain nuts and seeds (and any nut 
    or seed butter) to be credited as meat alternates also solicited 
    comments on crediting yogurt as a meat alternate. In part, the 
    Department requested comments on this program modification for a second 
    time due to findings that the use of yogurt as or in main dish items 
    was becoming increasingly popular in the diets of various segments of 
    the population. That proposal requested comments on recommendations to 
    permit plain or flavored yogurt, but not frozen yogurt. The Department 
    stated that frozen yogurt was most commonly used as a dessert and, 
    therefore, should not be allowed as a meat alternate (50 FR 49935).
        The Department received 56 comments on this issue, 82 percent of 
    which were in favor of allowing yogurt as a meat alternate in meals 
    served in Child Nutrition Programs. However, while commenters were 
    generally in favor of yogurt, some expressed the opinion that only 
    ``plain'' yogurt should be allowed. The consensus opinion was that 
    yogurt would be a nutritious addition to the meat alternates 
    (comparable to cheese and cottage cheese) and a good source of calcium 
    for lactose intolerant children while providing variety and flexibility 
    to meals.
        The commenters who were against allowing yogurt as a meat alternate 
    were concerned about the nutritional equivalency of yogurt to meat 
    (especially for iron) and the prevalence of sweetened yogurt. Several 
    of these commenters suggested that yogurt might be more appropriate as 
    a supplement item. Also, some commenters mentioned that yogurt is 
    generally considered an alternative to milk as opposed to meat. The 
    Department concluded that the responses to the 1985 proposal did not 
    provide any new nutritional data or sufficient support for allowing 
    yogurt as a meat alternate, and the decision was made to continue 
    studying the issue.
        The issue of yogurt's potential role in Child Nutrition Program 
    meal patterns was not revisited again until 1989 when final regulations 
    were published (54 FR 27151, June 28, 1989) to allow yogurt to be 
    credited as a meat alternate for supplements in the CACFP and the SFSP. 
    The Department limited the crediting of yogurt to snacks because of 
    findings that yogurt was less appropriate as a meat alternate in other 
    meals due to the sugar content of the majority of the yogurt products, 
    the likelihood of decreased fluid milk consumption when yogurt was 
    served in meals which required milk as a beverage, and yogurt's 
    inherently low iron content (54 FR 27152).
        Since the 1989 rulemaking, the Department has continued to receive 
    requests from Program participants and the food industry to allow 
    yogurt as a creditable food for other meals. Most recently, the 
    Department received a number of comments on the proposed rules to 
    implement the School Meals Initiative for Healthy Children urging that 
    yogurt be authorized as a meat alternate in the food-based menu 
    planning systems. In response to these comments, the Department stated 
    in the preamble to the June 13, 1995, rule (60 FR 31206) that it would 
    consider a future rulemaking on the role of yogurt in the Child 
    Nutrition Programs.
    
    Nutrition Issues
    
        It is important to emphasize that yogurt made with lowfat milk can 
    offer a low fat, low cholesterol source of protein and carbohydrates, 
    while providing high levels of calcium, riboflavin and phosphorous.
        In addition, the increasing popularity of yogurt (the per capita 
    consumption in the United States has increased over 100% during the 
    past decade) makes it an attractive addition to the meal
    
    [[Page 35154]]
    
    patterns for administrators and participants in the Child Nutrition 
    Programs. The addition of yogurt as a meat/meat alternate may increase 
    participation in programs and would certainly provide variety in the 
    meal patterns while providing another non-meat option. Yogurt is also 
    an excellent source of calcium for lactose intolerant individuals. 
    Yogurt with active cultures is one of the few calcium-rich foods that 
    is easily digested by most children. Finally, yogurt is an easy food to 
    serve in that no preparation is needed; it comes pre-packaged. There 
    are, however, several issues that need to be recognized.
        Lower levels of some key nutrients--Yogurt is inherently low in two 
    essential nutrients, iron and niacin, generally provided by the meat/
    meat alternate component. Yogurt, like other dairy products, is 
    nutritionally inferior to meat or bread in these nutrients. 
    Nevertheless, the Department recognizes that cheese and most of the 
    fish used as a meat/meat alternate in the NSLP are also not major 
    sources of iron. The crediting of an additional dairy product as a 
    meat/meat alternate in the meal pattern may further reduce the iron 
    level in the meals unless care is taken in menu planning or a nutrient 
    analysis performed.
        While recognizing these deficiencies, the Department is proposing 
    that 4 ounces of flavored or unflavored yogurt be credited as 1 ounce 
    of meat alternate in the NSLP, SBP, SFSP and CACFP. For example, under 
    the enhanced food-based menu planning alternative (Sec. 210.10(k)), 
    schools could serve 8 ounces of yogurt to fulfill the total 2 ounce 
    meat/meat alternate requirement for children in grades 7-12 for lunch, 
    or they might wish to use a 4 ounce portion of yogurt (one-half the 
    meat/meat alternate requirement) served with a sandwich, hearty soup or 
    salad which would have to contain a 1 ounce equivalent portion of a 
    meat/meat alternate. For a school breakfast, 4 ounces of yogurt might 
    be served to fulfill the 1 ounce meat/meat alternate for grades K-12. 
    Used in these ways, yogurt could provide food service managers with 
    additional variety of foods in their menus that would reflect changing 
    food consumption habits and recognize the diversity of regional, 
    cultural and ethnic food preferences.
        Consumption of fluid milk--The Department has some concerns about 
    the effects of yogurt service on fluid milk consumption. Fluid milk 
    consumption could decrease if both milk and yogurt are served in the 
    same meal. While another dairy food, cheese, has been allowed to be 
    credited as a meat alternate for years, it is more likely to be 
    consumed with fluid milk due to organoleptic differences. In a case 
    study: Yogurt Introduction in Michigan in Public Schools, published in 
    August 1991 by the Michigan Milk Producers Association, 120 students 
    were observed in order to assess the willingness of the students to 
    select and consume yogurt and the effects that choice would have on the 
    selection of other NSLP items. Fifty-three percent chose milk, 49 
    percent chose yogurt and only 2 percent chose both.
        Cost--Cost is also a consideration for programs that might choose 
    to serve yogurt as a meat/meat alternate. In the Michigan study cited 
    above, one of the objectives was to assess the willingness of food 
    service directors to place yogurt on the menu as an alternate to milk. 
    School district participation was much lower than anticipated by the 
    research team. In the initial survey, 29 schools indicated a 
    willingness to be included in the study. After contact with each 
    school, only seven actually participated. The cost of serving yogurt 
    was the reason schools gave for their inability and refusal to 
    participate.
    
    Conclusion
    
        The Department wishes to stress that yogurt is being proposed as a 
    meat/meat alternate in response to numerous requests from food service 
    professionals and participants for increased flexibility in menu 
    planning and to meet regional and ethnic food preferences. There are 
    numerous products and formulations available in the yogurt market, and 
    some may be more appropriately utilized as a meat alternate than 
    others. The Department is aware that many of the yogurt products that 
    could satisfy the regulatory requirements as the meat/meat alternate 
    portion of the meal are actually more like dessert items. In proposing 
    this rule, the Department fully expects that schools and institutions 
    will exercise good judgment in the type of yogurt products selected.
        Finally, this proposed rule applies only to commercially prepared 
    products which meet the Standard of Identity for yogurt as established 
    by the Food and Drug Administration in the Code of Federal Regulations 
    for yogurt, lowfat yogurt and nonfat yogurt, 21 CFR 131.200, 21 CFR 
    131.203 and 21 CFR 131.206, respectively. As in the 1989 final rule 
    permitting yogurt as a meat alternate for snacks in the SFSP and CACFP, 
    the Department's proposal does not apply to 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.
    
    List of Subjects
    
    7 CFR Part 210
    
        Food assistance programs, National School Lunch Program, Commodity 
    School Program, Grants programs-social programs, Nutrition, Children, 
    Reporting and recordkeeping requirements, Surplus agricultural 
    commodities.
    
    7 CFR Part 220
    
        Food assistance programs, School Breakfast Program, Grants 
    programs-social programs, Nutrition, Children, Reporting and 
    recordkeeping requirements.
    
    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 proposes to amend 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 new 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 Standard of Identity for yogurt, lowfat yogurt, and 
    nonfat yogurt, 21 CFR 131.200, 21 CFR 131.203, 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''
    
    [[Page 35155]]
    
    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     
    --------------------------------------------------------------------------------------------------------------------------------------------------------
               Meal component                   Ages 1-2                Preschool              Grades K-6            Grades 7-12             Grades K-3     
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                       *                  *                  *                  *                  *                  *                  *                  
    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....  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 V,
                                           Group 1, ages 1-2,      Group II, ages 3-4     Group III, ages 5-8    Group IV, age 9 and   12 years and older (7-
       Food components and food items          (preschool)             (Preschool)               (K-3)               older (4-12)               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\ cup.
     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 Standard of Identity for yogurt, lowfat yogurt, and 
    nonfat yogurt, 21 CFR 131.200, 21 CFR 131.203, 21 CFR 131.206, 
    respectively.
        3. In Sec. 220.8, the meat or meat alternate 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. * * *
    
    [[Page 35156]]
    
    
    
    ----------------------------------------------------------------------------------------------------------------
                                   Minimum Quantities Required For                                                  
    ---------------------------------------------------------------------------------------------  Option for grades
             Meal component                Ages 1-2            Preschool          Grades K-12            7-12       
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
     *                *                  *                  *                  *                  *                 
      Meat or Meat Alternates * * *                                                                                 
    Yogurt, plain or flavored,        2 oz. or \1/4\ cup  2 oz. or \1/4\ cup  4 oz. or \1/4\ cup  4 oz. or \1/2\    
     unsweetened or sweetened.                                                                     cup.             
    ----------------------------------------------------------------------------------------------------------------
    
    * * * * *
        4. In Sec. 220.8a, the meat or meat alternate 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) * * *
        (2) * * *
    
                                                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: Sec. 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 the word ``or'' and 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 the word ``or'' and 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) * * *
    
    Breakfast
    
        (1) * * *
    
    ------------------------------------------------------------------------
                Food components                       Minimum amount        
    ------------------------------------------------------------------------
                                                                            
                  *        *        *        *        *                     
    Meat and Meat Alternates (Optional) * *  4 oz. or \1/2\ cup.            
     * or Yogurt, plain or flavored,                                        
     unsweetened or sweetened                                               
    ------------------------------------------------------------------------
    
    * * * * *
    
    Lunch or Supper
    
        (2) * * *
    
    ------------------------------------------------------------------------
                Food components                       Minimum amount        
    ------------------------------------------------------------------------
    Meat and Meat Alternates * * * or        8 oz. or 1 cup.                
     Yogurt, plain or flavored, 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 sections in the first column of the 
    tables in paragraphs (c)(2) and (c)(3) are amended by adding the word 
    ``or'' and 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) * * *
    
    Lunch
    
        (2) * * *
    
    [[Page 35157]]
    
    
    
    ----------------------------------------------------------------------------------------------------------------
                                                                               Age 6 through 12   Adult Participants
             Food Components              Age 1 and 2       Age 3 through 5           \1\                 \9\       
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    *                  *                  *                  *                  *                  *                
    Meat and Meat Alternates or       4 oz. or \1/2\ cup  6 oz. or \3/4\ cup  8 oz. or 1 cup....  8 oz. or 1 cup.   
     Yogurt, plain or flavored,                                                                                     
     unsweetened or sweetened                                                                                       
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    ----------------------------------------------------------------------------------------------------------------
    
    * * * * *
        (3) * * *
    
    Supper
    
    ----------------------------------------------------------------------------------------------------------------
                                        Children ages 1     Children ages 3     Children ages 6                     
             Food components                 and 2             through 5        through 12 \1\    Adult participants
    ----------------------------------------------------------------------------------------------------------------
    Meat and Meat Alternates or       4 oz. or \1/2\ cup  6 oz. or \3/4\ cup  8 oz. or 1 cup....  8 oz. or 1 cup.   
     Yogurt, plain or flavored,                                                                                     
     unsweetened or sweetened                                                                                       
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    ----------------------------------------------------------------------------------------------------------------
    
    * * * * *
        Dated: June 27, 1996.
    William E. Ludwig,
    Administrator, Food and Consumer Service.
    [FR Doc. 96-16992 Filed 7-3-96; 8:45 am]
    BILLING CODE 3410-30-P
    
    
    

Document Information

Published:
07/05/1996
Department:
Food and Consumer Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-16992
Dates:
To be assured of consideration, comments must be postmarked on or before August 19, 1996.
Pages:
35152-35157 (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:
96-16992.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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