[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72257-72262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33180]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 226

RIN 0584-AB19


Child and Adult Care Food Program: Overclaim Authority and 
Technical Changes to the Meal Pattern Requirements

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule amends the Child and Adult Care Food Program (CACFP) 
regulations to explicitly authorize the Department and State agencies 
to assess overclaims against institutions that fail to abide by CACFP 
recordkeeping requirements. This authority has been successfully 
challenged in past judicial rulings on the grounds that such authority 
was not specifically established in program regulations. This rule 
affirms the Department's authority to assess overclaims for 
recordkeeping infractions, and clarifies any regulatory ambiguities or 
inconsistencies regarding overclaims authority. In addition, this rule 
makes minor changes to the meal pattern requirements. These changes 
include a technical correction to the supper meal pattern for adults; a 
modification to the egg and meat/meat alternate equivalencies in the 
meal patterns to conform to the standards used in the National School 
Lunch Program and the School Breakfast Program; and a correction to the 
infant meal pattern to remove an erroneous footnote for breakfast for 
infants 8 through 11 months.

EFFECTIVE DATE: The amendment to Sec. 226.20(b)(4) is effective 
December 15, 1999. The remaining provisions are effective January 26, 
2000.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Eadie or Ms. Melissa 
Rothstein, 703-305-2620.

SUPPLEMENTARY INFORMATION:

Background

    The CACFP is authorized by section 17 of the National School Lunch 
Act (42 U.S.C. 1766). As discussed in the preamble to the proposed rule 
published in the Federal Register on December 5, 1995 (60 FR 62227), 
section 17(m) of that Act stipulates that ``States and institutions 
participating in the program under this section shall keep accounts and 
records as may be necessary to enable the Secretary (of Agriculture) to 
determine whether there has been compliance with the requirements of 
this section.''
    Furthermore, the current CACFP regulations at 7 CFR Part 226 
include a number of requirements relating to recordkeeping: 
Sec. 226.7(m) requires State agencies to establish standards for 
institutional recordkeeping; Sec. 226.15(e) prescribes the minimum 
recordkeeping requirements for institutions in the CACFP; 
Sec. 226.10(c) requires institutions to certify that records are 
available to support reimbursement claims; and Sec. 226.10(d) 
establishes timeframes for record retention. In addition, 
Sec. 226.6(f)(1) requires that the Program agreement between the State 
agency and each institution stipulate that the institution must agree 
to comply with all regulatory requirements, including these 
recordkeeping requirements. Finally, the importance with which the 
Department views an institution's recordkeeping responsibilities is 
found in Sec. 226.6(c)(4), where failure to maintain adequate records 
is specifically listed as a serious deficiency for which termination of 
an institution's participation may be appropriate.
    The December 5, 1995, rulemaking proposed to amend various sections 
of the CACFP regulations to clarify that failure to adhere to CACFP 
recordkeeping requirements may be used as a basis for State agencies to 
assess overclaims against institutions. The Department received a total 
of 12 comments from the public on the proposed rule. Eleven comments 
were from State administering agencies; one

[[Page 72258]]

was from a sponsoring organization of Head Start centers that 
participate in the CACFP. Four State agencies provided comments 
supporting the proposal without changes. The remaining commenters were 
generally in support of the proposal with minor recommended changes. 
These comments and the Department's responses to them are discussed in 
further detail in this preamble.

Response to Comments on Proposed Rule

    The December 5, 1995, rulemaking proposed to amend Sec. 226.15(e) 
to require that ``Each institution shall establish procedures to 
collect and maintain all necessary program records.'' One commenter 
suggested that the phrase be changed to ``* * * all necessary program 
and financial records'' in order to alleviate uncertainties as to the 
type of records required. Another commenter indicated that the use of 
the word ``necessary'' is subjective and open to interpretation by 
program participants, State agencies, appeals officers and the courts, 
and recommended clarifying language to minimize the need for 
interpretation of what records are needed.
    In response to these comments, we are adding language to the 
regulation to clarify that necessary Program records include all 
records required under Part 226, as well as any additional records 
required by the State agency. This would include financial records.
    Proposed Sec. 226.15(e) further stated that, ``Failure to maintain 
such records shall be grounds for denial of reimbursement for meals 
served during the period covered by the records in question and for the 
denial of reimbursement for costs associated with such records.'' One 
State agency expressed concern that use of the word ``shall'' in this 
section, and similarly in Secs. 226.16(e), 226.17(c), 226.19(c) and 
226.19a(c), would require a State agency to recover funds for missing 
documents, such as training documentation, that do not directly 
influence a claim for reimbursement. The commenter recommended that the 
word ``may'' be substituted for the word ``shall'' in the proposed 
sections mentioned. Our intent in using the word ``shall'' in the 
proposed language was to provide State agencies with very clear 
authority to assess an overclaim when an institution's records do not 
support its claim for reimbursement. We believe that a State agency's 
authority to assess overclaims could be diminished if these suggested 
changes are made. Therefore, this final rule retains the proposed 
language in Secs. 226.16(e), 226.17(c), 226.19(c) and 226.19a(c).
    In addition, proposed Sec. 226.14(a) stated that ``State agencies 
may consider claims for reimbursement not properly payable if an 
institution does not comply with the recordkeeping requirements 
contained in this part.'' This proposed revision was intended to 
provide State agencies with the needed flexibility to determine the 
grounds for assessing an overclaim against an institution. Taken 
together, this proposed revision and the proposed revisions to 
Secs. 226.16(e), 226.17(c), 226.19(c) and 226.19a(c) discussed above 
were meant to provide State agencies with both the authority and the 
flexibility to assess overclaims against institutions when they 
determine it is appropriate to do so. Nevertheless, we believe that the 
proposed language in Sec. 226.14(a) may not provide enough specificity 
with regard to situations in which State agencies must assess 
overclaims. Therefore, this final rule adds a sentence to 
Sec. 226.14(a) to require State agencies to assess overclaims in 
situations in which institutions fail to comply with recordkeeping 
requirements for records that pertain to records directly supporting 
claims for reimbursement. These records include, but are not limited 
to, daily meal counts, documentation of compliance with meal patterns, 
and enrollment and attendance records.
    The December 5 rulemaking proposed to amend Sec. 226.15(e) by 
adding new paragraphs (e)(10) and (e)(12) to the list of the minimum 
records that must be collected and maintained by institutions. These 
paragraphs were previously located in Sec. 226.16(e)(1) and (2), 
``Sponsoring Organization Provisions.'' One commenter questioned the 
proposed language for paragraph (e)(10), which states that institutions 
must collect and maintain ``Information concerning the dates and 
amounts of disbursement to each child care facility or adult day care 
facility with which it has a program agreement.'' The commenter 
correctly pointed out that current regulations do not explicitly 
require sponsoring organizations to enter into program agreements with 
the day care centers that they sponsor, though many do. Rather, only 
sponsoring organizations of day care homes, in accordance with 
Sec. 226.18(b), must enter into these program agreements. To correct 
this oversight, this final rule amends Sec. 226.15(e)(10) by clarifying 
that the information must be collected and maintained by the 
institution for ``each child care facility or adult day care facility 
under its auspices.''
    Another commenter pointed out that proposed paragraphs (e)(10) and 
(e)(12) of Sec. 226.15 do not pertain to all institutions, but only to 
sponsoring organizations. To provide the necessary clarification, this 
final rule adds the words ``If applicable'' before each of these 
paragraphs.
    Accordingly, Sec. 226.15(e) is amended in this final rule as 
discussed above.
    Proposed Sec. 226.16(e) stated that, ``Each sponsoring organization 
shall comply with the recordkeeping requirements established in 
Sec. Sec. 226.10(d) and 226.15(e) and any recordkeeping requirements 
established by the State agency * * *'' One commenter indicated that 
the proposed language is not strong enough to establish the authority 
of a State agency to set definitive and enforceable recordkeeping 
requirements. The commenter suggested clarifying this section to 
emphasize in Sec. 226.16(e) that all of the additional recordkeeping 
requirements established by a State agency as part of its financial 
management responsibilities are covered under this section. However, an 
amendment to Sec. 226.16(e) is unnecessary since authority for a State 
agency to establish additional recordkeeping requirements that exceed 
the minimum requirements in Part 226 already exists in current 
regulations under Sec. 226.25(b). Therefore, no change is being made to 
Sec. 226.16(e) in this final rule.
    Proposed Sec. 226.18(g) indicated that day care homes ``shall 
comply with the recordkeeping requirements established in 
Secs. 226.10(d) and 226.15(e), and the recordkeeping requirements 
contained in this section.'' One commenter correctly pointed out that 
day care homes are not subject to the requirements of Sec. 226.15, 
``Institution provisions,'' since day care homes do not meet the 
definition of an ``institution.'' Rather, sponsoring organizations of 
day care homes are ``institutions'' which are subject to the 
requirements of Sec. 226.15. As suggested by the commenter, the intent 
of the proposed change, to ensure that the regulations underscore State 
agencies' authority to assess overclaims against day care homes that do 
not comply with all recordkeeping requirements, is still accomplished 
by deleting reference to this section. Accordingly, this final rule 
removes the inappropriate reference to Sec. 226.15(e) in 
Sec. 226.18(g), but retains the remainder of the paragraph as proposed.
    Similarly, proposed Secs. 226.17, 226.19 and 226.19a contain 
language requiring that child care centers, outside-school-hours care 
centers, and adult day care centers comply with the recordkeeping

[[Page 72259]]

requirements of Sec. 226.15(e). However, the requirements of 
Sec. 226.15, ``Institution provisions,'' would not be applicable to 
those centers operating under the auspices of a sponsoring 
organization. Accordingly, this final rule amends Secs. 226.17(c), 
226.19(c), and 226.19a(c) to add the words ``if applicable'' to the 
requirement to comply with Sec. 226.15(e). As a general comment, a 
State agency commenter recommended that, in addition to requiring 
maintenance of records, the regulations be further amended to require 
institutions to make records available upon request. This change is 
unnecessary since Sec. 226.10(d) of current regulations already 
requires that ``All accounts and records pertaining to the Program 
shall be made available, upon request, to representatives of the State 
agency, of the Department, and of the U.S. General Accounting Office 
for audit or review, at a reasonable time and place.''
    Proposed Sec. 226.14(a) indicates that a claim for reimbursement 
can be considered ``not properly payable'' if an institution does not 
comply with program recordkeeping requirements. Similarly, proposed 
Secs. 226.15(e), 226.16(e), 226.17(c), 226.18(g), 226.19(c), and 
226.19a(c) indicate that ``Failure to maintain such records shall be 
grounds for the denial of reimbursement * * *'' For clarification, one 
commenter recommended amending the proposed language of Sec. 226.14(a) 
to include after the words ``not properly payable,'' the words ``or 
assessed as an overclaim.'' The commenter also recommended adding 
similar language to the end of each of the sections listed above. We 
believe the proposed regulations are sufficiently clear and that the 
suggested rewording is unnecessary. Therefore, we are not making the 
suggested change in this final rule.
    One commenter was opposed to State agencies having the authority to 
assess overclaims for meals already served to income-eligible children. 
We want to point out, however, that the service of meals to eligible 
children cannot be demonstrated unless institutions and facilities 
maintain the records necessary to document such service.
    Finally, a commenter remarked that State agencies would benefit 
from the authority to recover funds for undocumented, allowable costs 
claimed and reimbursed. This authority already exists, and is contained 
in 7 CFR Part 3015 and OMB Circulars A-87 and A-122, which require all 
costs claimed be properly documented.

Other Comments on the Proposed Rule

    The Department also received several comments which are generally 
related to recordkeeping, but that fall outside the scope of this 
rulemaking. For example, one commenter recommended that, in addition to 
assessment of an overclaim, another possible consequence of 
insufficient recordkeeping should be denial of application renewal. 
Another commenter suggested that CACFP should have an overpayment 
disregard amount consistent with the National School Lunch Program, and 
that meal production records should be required of institutions and 
facilities to enable monitoring of food quantities as well as 
components. We cannot address these issues as part of this final rule. 
However, a forthcoming proposed rule on Improving Management and 
Program Integrity in CACFP may address them.

Technical Corrections to the Adult Meal Pattern

    This rule amends Sec. 226.20(c)(3) to restore 8 footnotes under the 
supper meal pattern chart that were inadvertently eliminated in a 
previous final rulemaking on the CACFP adult meal pattern requirements.
    We published a proposed rule on August 27, 1990 (55 FR 34935) that 
introduced separate meal patterns for lunch and for supper for adults. 
The proposed meal pattern requirements were developed based on the 
Department's evaluation of the nutritional requirements specific to 
adults attending adult day care centers participating in CACFP. The 
proposed meal pattern requirements were to replace those that had been 
established in an earlier interim rulemaking.
    The final rule published on July 14, 1993 (58 FR 37847) adopted 
without change the adult meal patterns from the 1990 proposed rule. (We 
encourage readers to consult the July 14, 1993, publication for a 
complete discussion on the comments received concerning the proposed 
adult meal.) Unfortunately, the final rule inadvertently eliminated all 
footnotes for the supper meal pattern due to a technical error in the 
amendatory language. This final rule restores the eight footnotes for 
the supper meal pattern as set forth in the 1990 proposed rule.

Changes to the Meal Patterns for Egg and Meat/Meat Alternate 
Equivalencies

    Finally, minor adjustments are made in this rulemaking to the 
equivalencies for eggs and meat/meat alternates in the lunch, supper, 
and supplemental meal pattern requirements in Sec. 226.20(c), and to 
the additional food allowed to be served at breakfast, described in 
Sec. 226.20(d).
    These changes are made to reduce confusion and establish 
consistency among the meal pattern requirements for the Child Nutrition 
Programs. As currently provided in the regulations for the National 
School Lunch Program (NSLP) at Sec. 210.10(k)(2), and the School 
Breakfast Program (SBP) regulations at Sec. 220.8(g)(iii)(B)(2), the 
equivalencies for egg and meat/meat alternates for the CACFP will be: 
one large egg meets the requirement for 2 ounces of meat/meat 
alternate; one-half large egg meets the requirement for 1 ounce or less 
of meat/meat alternate. In addition to the changes made to the 
equivalency amounts, the size of the egg (large) as specified in the 
NSLP and SBP regulations will also be specified in the CACFP meal 
patterns. Similar conforming changes will also be made to the Summer 
Food Service Program in the near future. We believe that this change, 
though minor in scope, increases consistency in the standards across 
Child Nutrition Programs. It should also eliminate any confusion that 
variable equivalencies among the Child Nutrition Programs may have 
caused.

Correction to the Infant Meal Pattern

    This final rule also amends the CACFP infant meal pattern at 
Sec. 226.20(b)(4) to correct an error that occurred in the interim 
rule, ``National School Lunch Program, School Breakfast Program and 
Child and Adult Care Food Program: Amendments to the Infant Meal 
Pattern,'' published in the Federal Register on November 15, 1999 (64 
FR 61770). The table that appeared in the Federal Register erroneously 
included a footnote which indicated that infant cereal is an optional 
component for breakfast for infants 8 through 11 months. This final 
rule removes this erroneous footnote to ensure that there is no 
confusion regarding the requirement that infant cereal be included as a 
component for breakfast for infants 8 through 11 months. We want to 
emphasize that no change was made in the interim rule to 
Sec. 226.20(b)(3)(i), where the requirement to serve infant cereal to 
these children is established.

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.

[[Page 72260]]

Regulatory Flexibility Act

    This action has been reviewed with regard to the requirements of 
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). Samuel 
Chambers, Jr., Administrator of the Food and Nutrition Service, has 
certified that this action will not have a significant economic impact 
on a substantial number of small entities. There will be no significant 
impact because this rule represents only a clarification of current 
procedures, or only minor changes or corrections in the case of the 
technical amendments to the meal pattern requirements.

Executive Order 12372

    CACFP is listed in the Catalog of Federal Domestic Assistance under 
No. 10.558. For the reasons set forth in the final rule in 7 CFR 3015, 
Subpart V, and related Notice (48 FR 29115), this Program is included 
in the scope of Executive Order 12372, which requires intergovernmental 
consultation with State and local officials.

Paperwork Reduction Act

    This final rule contains no new information collection 
requirements. In accordance with the Paperwork Reduction Act of 1995 
(44 U.S.C. 3507), current reporting and recordkeeping requirements for 
Part 226 were approved by the Office of Management and Budget under 
Control Number 0584-0055.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This 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 rule is not intended to have retroactive effect 
unless so specified in the EFFECTIVE DATE section. Prior to any 
judicial challenge to the provisions of this rule or the application of 
its provisions, all applicable administrative procedures must be 
exhausted. This includes any administrative procedures provided by 
State or local governments. In the CACFP, the administrative procedures 
are set forth at: (1) 7 CFR 226.6(k), which establishes institution 
appeal procedures; and (2) 7 CFR 226.22 and 7 CFR 3015, which address 
administrative appeal procedures for disputes involving procurement by 
State agencies and institutions.

Public Law 104-4

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of UMRA, the Food 
and Nutrition Service generally must prepare a written statement, 
including cost-benefit analysis, for proposed and final rules with 
``Federal mandates'' that may result in expenditures to State, local, 
and tribal governments, in the aggregate, or to the private sector, of 
$100 million or more in any one year. When such a statement is needed 
for a rule, section 205 of the UMRA generally requires the Food and 
Nutrition Service to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, more cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of UMRA) for State, local, or tribal governments 
or the private sector of $100 million or more in any one year. Thus, 
this rule is not subject to the requirements of sections 202 and 205 of 
UMRA.

List of Subjects in 7 CFR Part 226

    Accounting, Aged, Day care, Food assistance programs, Grant 
programs, Grant programs--health, Indians, Individuals with 
disabilities, Infants and children, Intergovernmental relations, Loan 
programs, Reporting and recordkeeping requirements, Surplus 
agricultural commodities.
    Accordingly, 7 CFR part 226 is amended as follows:

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. 226.14, the introductory text of paragraph (a) is 
amended by adding three new sentences after the first sentence to read 
as follows:


Sec. 226.14  Claims against institutions.

    (a) * * * State agencies may consider claims for reimbursement not 
properly payable if an institution does not comply with the 
recordkeeping requirements contained in this part. In addition, except 
with approval from the appropriate FNSRO, State agencies shall consider 
claims for reimbursement not payable when an institution fails to 
comply with the recordkeeping requirements that pertain to records 
directly supporting claims for reimbursement. Records that directly 
support claims for reimbursement include, but are not limited to, daily 
meal counts, menu records, and enrollment and attendance records, as 
required by Sec. 226.15(e). * * *
* * * * *
    3. In Sec. 226.15:
    a. The introductory text of paragraph (e) is revised;
    b. Paragraphs (e)(10), (e)(11) and (e)(12) are redesignated as 
paragraphs (e)(11), (e)(13) and (e)(14), respectively;
    c. New paragraphs (e)(10) and (e)(12) are added;
    d. Newly redesignated paragraph (e)(11) is amended by removing the 
word ``and'' at the end of the paragraph;
    e. Newly redesignated paragraph (e)(13) is amended by adding the 
word ``and'' after the semicolon at the end of the paragraph; and
    f. Newly redesignated paragraph (e)(14) is amended by removing the 
words ``Maintain documentation'' and adding the word ``Documentation'' 
in their place.
    The additions and revision specified above read as follows:


Sec. 226.15  Institution provisions.

* * * * *
    (e) Recordkeeping. Each institution shall establish procedures to 
collect and maintain all program records required under this part, as 
well as any records required by the State agency. Failure to maintain 
such records shall be grounds for the denial of reimbursement for meals 
served during the period covered by the records in question and for the 
denial of reimbursement for costs associated with such records. At a 
minimum, the following records shall be collected and maintained:
* * * * *
    (10) If applicable, information concerning the dates and amounts of 
disbursement to each child care facility or adult day care facility 
under its auspices;
* * * * *
    (12) If applicable, information concerning the location and dates 
of each child care or adult day care facility review, any problems 
noted, and the corrective action prescribed and effected;
* * * * *
    4. In Sec. 226.16, paragraph (e) is revised to read as follows:


Sec. 226.16  Sponsoring organization provisions.

* * * * *
    (e) Each sponsoring organization shall comply with the 
recordkeeping requirements established in Sec. Sec. 226.10(d) and 
226.15(e) and any

[[Page 72261]]

recordkeeping requirements established by the State agency in order to 
justify the administrative payments made in accordance with 
Sec. 226.12(a). Failure to maintain such records shall be grounds for 
the denial of reimbursement.
* * * * *
    5. In Sec. 226.17, a new paragraph (c) is added to read as follows:


Sec. 226.17  Child care center provisions.

* * * * *
    (c) Each child care center shall comply with the recordkeeping 
requirements established in Sec. 226.10(d), in paragraph (b) of this 
section and, if applicable, in Sec. 226.15(e). Failure to maintain such 
records shall be grounds for the denial of reimbursement.
    6. In Sec. 226.18, a new paragraph (g) is added to read as follows:


Sec. 226.18  Day care home provisions.

* * * * *
    (g) Each day care home shall comply with the recordkeeping 
requirements established in Sec. 226.10(d) and in this section. Failure 
to maintain such records shall be grounds for the denial of 
reimbursement.
    7. In Sec. 226.19, a new paragraph (c) is added to read as follows:


Sec. 226.19  Outside-school-hours care center provisions.

* * * * *
    (c) Each outside-school-hours care center shall comply with the 
recordkeeping requirements established in Sec. 226.10(d), in paragraph 
(b) of this section and, if applicable, in Sec. 226.15(e). Failure to 
maintain such records shall be grounds for the denial of reimbursement.
    8. In Sec. 226.19a, a new paragraph (c) is added to read as 
follows:


Sec. 226.19a  Adult day care center provisions.

* * * * *
    (c) Each adult day care center shall comply with the recordkeeping 
requirements established in Sec. 226.10(d), in paragraph (b) of this 
section and, if applicable, in Sec. 226.15(e). Failure to maintain such 
records shall be grounds for the denial of reimbursement.
    9. In Sec. 226.20:
    a. The ``Child Care Infant Meal Pattern'' table in paragraph (b)(4) 
is revised.
    b. The table in paragraph (c)(2) is amended by revising the entry 
for ``Eggs'';
    c. The table in paragraph (c)(3) is amended by revising the 
headings and the entry for ``Eggs'', and by adding eight footnotes.
    d. The table in paragraph (c)(4) is amended by revising the 
headings and the entry for ``Eggs''; and
    e. Paragraph (d)(1) is amended by removing the words ``an egg'' and 
adding in their place the words ``one-half egg''.
    The revisions and additions read as follows:


Sec. 226.20  Requirements for meals.

* * * * *
    (b) * * *
    (4) * * *

                                         Child Care Infant Meal Pattern
----------------------------------------------------------------------------------------------------------------
                                        Birth through 3 months     4 through 7 months      8 through 11 months
----------------------------------------------------------------------------------------------------------------
Breakfast............................  4-6 fl.oz. formula 1 or  4-8 fl.oz. formula 1 or  6-8 fl.oz. formula 1 or
                                        breast milk 2, 3.        breast milk 2, 3;.       breast milk 2, 3; and
                                                                0-3 Tbsp. Infant cereal  2-4 Tbsp. Infant cereal
                                                                 1, 4.                    1; and
                                                                                         1-4 Tbsp. Fruit and/or
                                                                                          vegetable
Lunch or supper......................  4-6 fl.oz. formula 1 or  4-8 fl.oz. formula 1 or  6-8 fl.oz. formula 1 or
                                        breast milk 2, 3.        breast milk 2, 3;.       breast milk 2, 3; and
                                                                0-3 Tbsp. Infant cereal  2-4 Tbsp. Infant cereal
                                                                 1, 4;.                   1; and/or
                                                                0-3 Tbsp. Fruit and/or   1-4 Tbsp. Meat, fish,
                                                                 vegetable 4.             poultry, egg yolk,
                                                                                          cooked dry beans, or
                                                                                          peas; or
                                                                                         \1/2\-2 oz. Cheese; or
                                                                                         1-4 Tbsp. Cottage
                                                                                          cheese, cheese food,
                                                                                          or cheese spread; and
                                                                                         1-4 Tbsp. Fruit and/or
                                                                                          vegetable
Supplement (snack)...................  4-6 fl.oz. formula 1 or  4-6 fl.oz. formula 1 or  2-4 fl.oz. formula 1,
                                        breast milk 2, 3.        breast milk 2, 3.        breast milk 2, 3, or
                                                                                          fruit juice 5;
                                                                                         0-\1/2\ bread 4, 6 or 0-
                                                                                          2 crackers 4, 6
----------------------------------------------------------------------------------------------------------------
\1\ Infant formula and dry infant cereal shall be iron-fortified.
\2\ It is recommended that breast milk be served in place of formula from birth through 11 months.
\3\ For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a
  serving of less than the minimum amount of breast milk may be offered, with additional breast milk offered if
  the infant is still hungry.
\4\ A serving of this component shall be optional.
\5\ Fruit juice shall be full-strength.
\6\ Bread and bread alternates shall be made from whole-grain or enriched meal or flour.

    (c) * * *
LUNCH
    (2) * * *

----------------------------------------------------------------------------------------------------------------
        Food components              Age 1 and 2       Age 3 through 5   Age 6 through 12 1   Adult participants
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Eggs (large)...................  \1/2\ egg.........  \3/4\ egg.........  1 egg.............  1 egg
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (3) * * *
SUPPER

[[Page 72262]]



----------------------------------------------------------------------------------------------------------------
        Food components              Age 1 and 2       Age 3 through 5   Age 6 through 12 1   Adult participants
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Eggs (large)...................  \1/2\ egg.........  \3/4\ egg.........  1 egg.............  1 egg
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
\1\ Children age 12 and up may be served adult size portions based on the greater food needs of older boys and
  girls, but shall be served not less than the minimum quantities specified in this section for children age 6
  through 12.
\2\ For purposes of the requirements outlined in this subsection, a cup means a standard measuring cup.
\3\ Serve 2 or more kinds of vegetable(s) and/or fruit(s). Full-strength vegetable or fruit juice may be counted
  to meet not more than one-half of this requirement.
\4\ Bread, pasta or noodle products, and cereal grains shall be wholegrain or enriched; cornbread, biscuits,
  rolls, muffins, etc., shall be made with wholegrain or enriched meal or flour.
\5\ Serving size equivalents to be published in guidance materials by FNS.
\6\ Edible portion as served.
\7\ Tree nuts and seeds that may be used as meat alternates are listed in program guidance.
\8\ No more than 50% of the requirement shall be met with nuts or seeds. Nuts or seeds shall be combined with
  another meat/meat alternate to fulfill the requirement. For the purpose of determining combinations, 1 oz. of
  nuts or seeds is equal to 1 oz. of cooked lean meat, poultry, or fish.

SUPPLEMENTAL FOOD
    (4) * * *

----------------------------------------------------------------------------------------------------------------
        Food components              Age 1 and 2       Age 3 through 5   Age 6 through 12 1   Adult participants
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*                  *                  *                  *                  *                  *
                                                        *
Eggs (large)...................  \1/2\ egg.........  \1/2\ egg.........  \1/2\ egg.........  \1/2\ egg
 
*                  *                  *                  *                  *                  *
                                                        *
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* * * * *
    Dated: December 16, 1999.
Samuel Chambers, Jr.,
Administrator, Food and Nutrition Service.
[FR Doc. 99-33180 Filed 12-23-99; 8:45 am]
BILLING CODE 3410-30-U