[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