[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