[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Rules and Regulations]
[Pages 12429-12442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5580]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210, 215, 220, 225 and 226

RIN 0584-AC82


Modification of the ``Vegetable Protein Products'' Requirements 
for the National School Lunch Program, School Breakfast Program, Summer 
Food Service Program and Child and Adult Care Food Program

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule updates the requirements for using ``Vegetable 
Protein Products'' in the National School Lunch Program, School 
Breakfast Program, Summer Food Service Program, and Child and Adult 
Care Food Program (the Child Nutrition programs). The major changes are 
to: rename ``Vegetable Protein Products'' as ``Alternate Protein 
Products;'' remove the limit on the amount of these products that can 
be used; eliminate the requirement that alternate protein products be 
specially fortified; and update the test used to determine protein 
quality. These changes provide menu planners with more flexibility to 
incorporate these products into their menus along with the traditional 
protein sources of meat, poultry and seafood.

EFFECTIVE DATE: April 10, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. William Wagoner or Ms. Janice 
Fabina, 3101 Park Center Drive, Room 1007, Alexandria, Virginia 22302 
or by telephone at (703) 305-2590.

SUPPLEMENTARY INFORMATION:

Background

What Was Proposed?

    On July 20,1999, the U.S. Department of Agriculture (USDA) 
published a rule in the Federal Register (64 FR 38839) proposing to 
update the requirements for using vegetable protein products in the 
Child Nutrition Programs. Under the National School Lunch Act (NSLA) 
and the Child Nutrition Act of 1966 (CNA), the Secretary of Agriculture 
is authorized to establish minimum nutritional requirements for meals 
served in the various Child Nutrition Programs administered by FNS. One 
important element of establishing these nutritional requirements is 
determining how various foods, such as vegetable protein products, 
should be credited under the meals patterns established for the Child 
Nutrition Programs. Section 9(a) of the NSLA (42 U.S.C. 1758 (a)) 
requires the Secretary to establish minimum nutritional requirements 
for the National School Lunch Program (NSLP). Section 13(f) of the NSLA 
(42 U.S.C., 1761(f)) mandates this requirement for the Summer Food 
Service Program (SFSP), as does section 17(g)(1)(A) of the NSLA (42 
U.S.C. 1766(g)(1)(A) for the Child and Adult Care Food Program (CACFP). 
Section 4(e) of the CNA incorporates this oversight requirement as a 
central feature of the School Breakfast Program (SBP).
    The following were the major modifications that we proposed:
    (1) Change the name from vegetable protein products to alternate 
protein products and remove the requirement that alternate protein 
products only be of plant origin;
    (2) Remove the requirement that vegetable protein products could 
only constitute 30 percent (by weight) of the meat/meat alternate 
component of the food-based menu planning approaches;
    (3) Remove the fortification requirement; and
    (4) Update the protein quality test to the Protein Digestibility 
Corrected Amino Acid Score (PDCAAS) from the Protein Efficiency Ratio 
(PER) test.
    We proposed to amend the requirements found in Appendix A, entitled 
``Alternate Foods for Meals-Vegetable Protein Products,'' to the 
following Code of Federal Regulation (CFR) Parts: 7 CFR Part 210, for 
the NSLP; 7 CFR Part 225, for the SFSP; and 7 CFR Part 226, for the 
CACFP. Appendix A to Part 210 also applies to 7 CFR Part 220, the SBP. 
For additional background on the history of vegetable protein products 
in the Child Nutrition programs, please refer to the proposed rule.

How Long Was the Comment Period for the Proposed Rule?

    We originally established a 60-day comment period which would have 
ended on September 20, 1999. However, potential commentors requested an 
extension of the comment period to allow them more time to review the 
proposed changes. We extended the comment period until November 19, 
1999 in response to these requests. The extension notice was published 
in the Federal Register on August 25, 1999 (64 FR 46319).

How Many Comments Were Received?

    We received 635 comment letters, including a number of e-mails. The 
following is a breakdown of the types of commentors:

------------------------------------------------------------------------
                   Commentor classification                      Number
------------------------------------------------------------------------
General Public*...............................................       573
State and Local Food Service Including Child Care Providers...        17
Food Industry.................................................        26
Advocates.....................................................        19
                                                               ---------
  Total.......................................................      635
------------------------------------------------------------------------
*Includes unaffiliated health professionals.

    The vast majority of commentors (619) approved of the proposed 
changes. The largest group of commentors that approved of the changes 
in their entirety (355) made the following points:
    1. The changes would increase flexibility for menu planners;
    2. The current requirements severely restricted the use of 
vegetable protein products (VPP) in the Child Nutrition programs; and
    3. The changes will provide healthful alternatives to meat 
products. These commentors also noted that the changes are good for 
consumers, animals, the environment and those administering the Child 
Nutrition programs, especially child care providers.
    Specific comments are discussed in detail below.

[[Page 12430]]

What Did Commentors Say About Changing the Name of VPP?

    We proposed removing the requirement that protein products used in 
the Child Nutrition programs be derived only from plant protein 
sources. Because of this, we proposed using the term ``Alternate 
Protein Products'' (APP) instead of ``Vegetable Protein Products'' 
(VPP) to indicate that such products are no longer only vegetable-
based.
    Only 26 comment letters specifically addressed this provision. Of 
these, 24 commentors opposed the name change, while two commentors 
supported it, saying that the term ``APP'' enhances flexibility and 
recognizes changes in food technology. Those commentors who opposed the 
name change felt it was not necessary because there are only two 
possible sources of protein products that are not vegetable-based that 
could be used in the Child Nutrition programs, i.e., fruit puree and 
whey protein. Commentors stated that these sources were the only 
products that could meet the requirements of the protein quality test 
used. Commentors also felt that these particular products would not be 
used in sufficient quantities to meet the protein requirements.
    We proposed the name change to indicate that the meat alternate 
requirement could be met with protein sources other than those that 
were vegetable-based. Also, we did not want to restrict the use of any 
alternate protein products that might be developed in the future that 
were not vegetable-based. We believe the term Alternate Protein 
Products, as opposed to the term Vegetable Protein Products, most 
accurately reflects the fact that protein is available from a variety 
of sources including vegetable-based sources. Therefore, we are 
adopting the name change as proposed without changes.

What Did Commentors Say About Removing the Limit on the Amount of VPP?

    We proposed removing the requirement that that VPP could only 
constitute up to 30 percent of the meat/meat alternate component of the 
food-based menu planning approaches used in all of the Child Nutrition 
programs. One reason for this proposed change was because that 
limitation did not apply to menus planned under the nutrient standard 
menu planning approaches used in the NSLP and the SBP, thus there was 
an inconsistency among the menu planning approaches for the school 
meals programs. Another reason was that the 30 percent limitation was 
based on the best data available at the time that regulation was issued 
in 1983. That data indicated that VPP appeared to inhibit the 
absorption of iron and other nutrients. This is no longer supported by 
current research.
    Only a few comment letters (26) mentioned this issue; 17 supported 
removing the limit while 9 opposed it. The following concerns were 
raised by those who opposed the removing the limit:
    1. Use of 100% APP indicates that USDA feels such products are the 
nutritional equivalent to meat and the commentors feel that the protein 
quality of meat and that of APP are not the same; and
    2. If 100% APP products are offered, the commentors felt menu 
planners must also offer meat, seafood or poultry in addition for those 
who do not want the menu items that only consist of APP.
    In response to comments about varying levels of protein quality, 
please note we are maintaining the same protein quality test currently 
in the regulations which requires that protein quality be at least 80 
percent that of casein (milk protein). This is the established 
benchmark for a high quality protein product used by USDA-sponsored 
programs for the past several years. We are also maintaining the 
requirement that APP used in the CN programs be at least 18% protein by 
weight, the level of protein readily available in meat, poultry or 
seafood. Given these two standards, APP used in the CN programs is 
limited to products that provide a level and quality of protein that is 
similar to that provided by the traditional sources of the meat 
component.
    In response to comments about requiring menu planners to offer 
choices other than those with 100% APP, we are committed to giving menu 
planners flexibility to meet the various needs of the participants in 
the various Child Nutrition programs. Many factors go into menu 
planning for our programs--preferences of those consuming the meals, 
economics, availability of foods, and the need to meet program meal 
patterns as well as the nutrition standards, including the Dietary 
Guidelines for Americans' recommendation that people consume a variety 
of foods. We stress the importance of schools and institutions offering 
choices if possible. We also support adoption of the offer versus serve 
(OVS) provision in the school meals programs which allows children to 
select the foods they prefer and decline foods they would not eat. For 
the NSLP, OVS is required (7 CFR 210.10(k)) for senior high school 
students and is strongly encouraged for younger children. Given these 
factors, we believe that menu planners will provide choices and variety 
to the greatest extent possible and that they will use APP 
appropriately and will take into account the varied dietary demands of 
all program participants.
    We are adopting the proposed change to eliminate the limit on use 
of APP in the Child Nutrition programs as final without change. This 
decision reflects current research on APP and seeks to enhance the 
flexibility of menu planners in finding ways to reduce fat and 
saturated fat in the meals they plan as well as the need to meet the 
increasingly varied dietary demands of students.

How Will Program Participants Be Able To Identify Menu Items With APP?

    Some commentors suggested that we establish a different category 
for menu items that contain more than 30% APP. These commentors also 
stated that such products should not be considered as beef, pork, 
poultry, or fish. Other commentors were concerned that, particularly 
given food allergies and the special dietary needs of program 
participants such as vegetarians, the source of the APP be clearly 
identified. Some commentors suggested that we require a label showing 
the percentage and source of the APP in a product and whether the 
product fulfills the requirement for a meat alternate product (e.g., 
does the product contain more breading than APP?). Other commentors 
were concerned that APP offered in the Child Nutrition programs be 
easily identified at the point of service and for parents of children 
participating in the various programs.
    We proposed in the July, 1999, rulemaking that manufacturers 
document that their products meet the following requirements in order 
to assure that schools and institutions can determine if the APP used 
in the Child Nutrition programs meet the protein quality standards:
    1. The APP is processed so that some portion of the non-protein 
constituents of the food is removed;
    2. The biological quality of the protein in the alternate protein 
product must be at least 80 percent that of casein, determined by 
performing a Protein Digestibility Corrected Amino Acid Score (PDCAAS); 
and
    3. The APP contains at least 18 percent protein by weight when 
fully hydrated or formulated.
    We did not specify the form of documentation required. For example, 
the manufacturer could provide

[[Page 12431]]

specification sheets, could provide a letter attesting that the 
requirements were met, or could put a label on the product. While we 
want to assure that the APP used in the Child Nutrition programs meet 
our nutritional standards, we do not want to impose a burden on 
manufacturers to individually label their products unless they choose 
to do so.
    Food product labeling is regulated by both the Food Safety 
Inspection Service (FSIS) in USDA and by the Food and Drug 
Administration (FDA) in the Department of Health and Human Services. 
FSIS labeling regulations are found at Title 9 of the CFR and cover 
meat, poultry and egg products. FDA labeling requirements are found at 
Title 21 of the CFR and cover all other non-meat foods such as 
shellfish, fruit, milk and grain products. Current FSIS and FDA rules 
require food manufacturers to list, by common name, the ingredients 
used in the formulation of processed food products on the label for 
that product. For FSIS, these provisions are found at 9 CFR 317.2f and 
9 CFR 381.118; for FDA, at 21 CFR 101.3. Information about the source 
or type of protein will be clearly indicated in the ingredient listing, 
such as whey protein concentrate or hydrolyzed soy protein. However, 
according to FSIS and FDA regulations, percent labeling is voluntary. 
FNS cannot modify the rules governing labeling of meat and non-meat 
products since the authority for labeling rests with FSIS and FDA.
    Another method available to schools and institutions to determine 
how to credit APP in the programs comes through the Child Nutrition 
(CN) labeling program. The CN labeling program (7 CFR Part 210, 
Appendix C) has reviewed labels of products containing VPP since 1984 
and will continue to do so for APP labels. The CN labeling program, 
which is widely used by the food manufacturers who market their 
products to the CN programs, provides information on how products are 
to be credited under the meal patterns established for each program. In 
this way, schools and institutions have yet another way to determine 
the content and creditability of the APP items they use.
    With regard to the point of service menu labeling, FNS encourages 
program administrators to provide menus that accurately describe menu 
items served to students and their parents to assist them in making 
choices that meet their dietary demands. Clear point of service menu 
labeling can assist students and their parents in making menu 
selections consistent with their dietary needs. We also note that 
children with special dietary needs due to a disability such as a life-
threatening reaction to certain foods or ingredients must be 
accommodated in accordance with Secs. 210.10(g)(1), 210.10a(i)(1), 
220.8(b)(1), 220.8a(f), 225.16(g)(4) and 226.20(h).

What Did Commentors Say About Eliminating the Fortification 
Requirement?

    Another proposed change was to remove the requirement that APP used 
in the Child Nutrition programs be fortified with iron and zinc. At the 
time the original requirements on VPP were established, fortification 
with iron and zinc was an additional safeguard to further assure that 
children received adequate nutrients. We did this so that the fully 
hydrated VPP was similar to meat in both nutrients and the 
bioavailability of minerals. However, current scientific research 
indicates that by eating a variety of foods, mineral intake is adequate 
and our concern is that unrestricted use of fortified APP could 
actually result in excessive intakes of iron and zinc. Eliminating the 
requirement on fortification allows the food industry to directly 
market their existing products to schools and sponsors as they would no 
longer need to develop and maintain a special product exclusively for 
the CN programs.
    Some commentors addressed this proposed change, saying that they 
were concerned with the elimination of the fortification requirement 
because of the difficulty in obtaining the necessary nutrients when an 
entire food category, such as meat, is removed from the diet. They felt 
that the fortification requirement should be retained especially as 
they noted that about two-thirds of APP products they surveyed 
informally were fortified with iron and zinc, suggesting that a 
fortification requirement is not overly burdensome.
    Because we are removing the limit on the use of APP and because of 
the current research on minerals and total diet, we feel eliminating 
the specific fortification requirement is warranted. We feel that the 
food industry is in the best position to determine if and to what 
extent APP should be fortified based on available research and the 
needs and preferences of consumers. Further, current data indicates 
that APP without any special fortification is equivalent to other meat/
meat alternates in terms of the nutrients they supply. Also, the School 
Nutrition Dietary Assessment Study, issued in 1993, showed that school 
meals exceeded the minimum Recommended Dietary Allowances for both iron 
and zinc. All meals served in the Child Nutrition programs must meet 
certain nutrition standards. For school meals, the Dietary Guidelines 
for Americans must be met and the meals must provide minimum levels of 
the Recommended Dietary Allowances for specific nutrients, including 
iron, as well. The meal patterns for all of the programs are designed 
to provide children and adult participants with a variety of foods and 
minimum levels of calories and other nutrients. Therefore, we are 
adopting this provision as proposed without change.

What Was Proposed About Protein Quality?

    As we discussed earlier, the proposed rule did not propose any 
changes to the requirement that the biological quality of the protein 
in the APP be at least 80 percent that of casein (milk protein). As 
indicated earlier, this is an established benchmark for high quality 
protein products allowed by the Child Nutrition Programs. We also did 
not propose to change the requirement that the protein content of the 
fully hydrated APP be a minimum of 18 percent by weight. We received 
only 4 comments on these provisions, all of which supported the protein 
quality requirements. We are adopting these provisions as proposed 
without change.
    We also proposed to replace the protein quality test, Protein 
Efficiency Ratio (PER), with the Protein Digestibility Corrected Amino 
Acid Score (PDCAAS) test. FDA now requires use of the PDCAAS test for 
all foods intended for all ages except for infants. We proposed use of 
the PDCAAS test to achieve consistency with FDA regulations and to 
reflect the latest scientific advances. As discussed in our proposed 
rule, we are not requiring that the PER test be conducted in 
determining protein quality of APP for infants since the infant meal 
pattern is based on specific foods, not the more general food 
components. Consequently menu planners are unlikely to offer APP to 
infants.
    We received 7 comments on this provision, all of which approved of 
the change. Therefore, we are incorporating the PDCAAS test into this 
final regulation as proposed.

What Technical Amendments Were Proposed?

    We proposed adding to 7 CFR Part 220, Appendix A, a new section 
entitled ``Alternate Protein Products.'' We also issued the proposed 
rule in plain language. We received no comments on either of these 
changes. Therefore, the proposed language and structure of Appendix A 
and the addition of the

[[Page 12432]]

provisions on APP to Part 220 are adopted as final without change.
    We are also amending the Meal Pattern for the various CN programs 
charts to indicate how APP is credited under the food-based menu 
planning approaches. This specificity was not needed previously as VPP 
was blended into other meat/meat alternate products. Because we are 
removing the 30% limitation, we are making these technical changes in 
Secs. 210.10, 210.10a, 220.8, 220.8a, 225.16, and 226.20. We are also 
updating the Meal Pattern chart in Sec. 210.10a to reflect the current 
requirements on offering milk in the lunch program (see 42 U.S.C. 1758 
(a)(2)).
    We also proposed to make some minor technical amendments to 
Sec. 210.30, Sec. 215.16, Sec. 220.20, Sec. 225.19, and Sec. 226.26. 
These amendments would update information about addresses and coverage 
of FNS' regional offices.

Executive Order 12866

    This final rule was determined to be non-significant and is not 
subject to review by the Office of Management and Budget under 
Executive Order 12866.

Public Law 104-4

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 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 the UMRA, FNS 
generally prepares a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, or 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 FNS 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 final rule contains no Federal mandates (under regulatory 
provisions of Title II of the UMRA) for State, local, and tribal 
governments or the private sector of $100 million or more in any one 
year. Thus, this final rule is not subject to the requirements of 
sections 202 and 205 of the UMRA.

Regulatory Flexibility Act

    This final rule was reviewed with regard to the requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601 through 612). The 
Administrator of FNS has certified that this rule will not have a 
significant economic impact on a substantial number of small entities. 
First, there are relatively few companies that supply alternate protein 
products to the Child Nutrition programs. Secondly, removing the 
fortification requirement eliminates the burden on manufacturers to 
develop and market a product specially for use in the Child Nutrition 
programs. Lastly, menu planners would have greater flexibility to 
incorporate alternate protein products into their menus along with the 
traditional protein sources of meat, poultry and seafood.

Executive Order 12372

    The National School Lunch Program, Special Milk Program for 
Children, and the School Breakfast Program are listed in the Catalog of 
Federal Domestic Assistance under No. 10.555, 10.556 and 10.553, 
respectively. The Child and Adult Care Food Program and the Summer Food 
Service Program are listed under No. 10.558 and No. 10.559, 
respectively. Each is 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 was 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 
proposed rule or the application of the provisions, all applicable 
administrative procedures must be exhausted. This includes any 
administrative procedures provided by State or local governments and, 
for disputes involving procurements by State agencies and sponsors, any 
administrative appeal procedures to the extent required by 7 CFR Part 
3016.
    For the National School Lunch Program and School Breakfast Program, 
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 Sec. 210.18(q); (2) 
school food authority appeals of FNS findings as a result of an 
administrative review must follow FNS hearing procedures as established 
pursuant to 7 CFR Sec. 210.30(d)(3); and (3) State agency appeals of 
State Administrative Expense fund sanctions (7 CFR Sec. 235.11(b)) must 
follow FNS Administrative Review Process as established pursuant to 7 
CFR Sec. 235.11(f).
    For the Summer Food Service Program, the administrative procedures 
are set forth under the following regulations: (1) Program sponsors and 
food service management companies must follow State agency hearing 
procedures issued pursuant to 7 CFR Sec. 225.13; and (2) disputes 
involving procurement by State agencies and sponsors must follow 
administrative appeal procedures to the extent required by 7 CFR 
Sec. 225.17 and 7 CFR Part 3015.
    For the Child and Adult Care Food Program, the administrative 
procedures are set forth under the following regulations: (1) 
institution appeal procedures in 7 CFR Sec. 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 
Sec. 226.22 and 7 CFR 3015.

Paperwork Reduction Act

    This final rule contains no new paperwork burdens or information 
collection requirements which are subject to review by the Office of 
Management and Budget under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507).

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 215

    Food and nutrition, Food assistance programs, Grants programs--
education, Grant programs--health, Infants and children, Milk, 
Reporting and recordkeeping.

7 CFR Part 220

    Children, Food assistance programs, Grant programs--social 
programs, Nutrition, Reporting and recordkeeping requirements, School 
Breakfast Program.

7 CFR Part 225

    Food and nutrition, Food assistance programs, Grant programs--
health, Infants and children, Labeling,

[[Page 12433]]

Reporting and recordkeeping requirements.

7 CFR Part 226

    Accounting, Aged, Day care, Food and Nutrition, 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 parts 210, 215, 220, 225 and 226 are amended as 
follows:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

    1. The authority citation for 7 CFR part 210 continues to read as 
follows:

    Authority: 42 U.S.C. 1751-1760, 1779.


    2. In Sec. 210.10:
    a. Revise paragraph (k)(2); and

    b. Revise the first sentence in paragraph (k)(3)(i).

    The revisions read as follows:


Sec. 210.10  Nutrition standards for lunches and menu planning methods.

* * * * *
    (k) Food-based menu planning.* * *
    (2) Minimum quantities. At a minimum, school food authorities 
choosing to plan menus using the food-based menu planning alternative 
shall offer all five required food items in the quantities provided in 
the following chart:

                                               Enhanced Food-Based Menu Planning-Meal Pattern for Lunches
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Minimum requirements
 Food Components and Food Items ------------------------------------------------------------------------------------------------- Option for  Grades K-3
                                         Ages 1-2                Preschool              Grades K-6              Grades 7-12
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milk (as a beverage)...........  6 fluid ounces.........  6 fluid ounces........  8 fluid ounces........  8 fluid ounces........  8 fluid ounces
Meat or Meat Alternate
 (quantity of the edible
 portion as served):
    Lean meat, poultry, or fish  1 ounce................  1\1/2\ ounces.........  2 ounces..............  2 ounces..............  1\1/2\ ounces.
    Alternate protein products   1 ounce................  1\1/2\ ounces.........  2 ounces..............  2 ounces..............  1\1/2\ ounces.
     \1\.
    Cheese.....................  1 ounce................  1\1/2\ ounces.........  2 ounces..............  2 ounces..............  1\1/2\ ounces.
    Large egg..................  \1/2\..................  \3/4\.................  1.....................  1.....................  \3/4\.
    Cooked dry beans or peas...  \1/4\ cup..............  \3/8\ cup.............  \1/2\ cup.............  \1/2\ cup.............  \3/8\ cup.
    Peanut butter or other nut   2 tablespoons..........  3 tablespoons.........  4 tablespoons.........  4 tablespoons.........  3 tablespoons.
     or seed butters.
    Yogurt, plain or flavored,   4 ounces or \1/2\ cup..  6 ounces or \3/4\ cup.  8 ounces or 1 cup.....  8 ounces or 1 cup.....  8 ounces or \3/4\ cup.
     unsweetened or sweetened.
The following may be used to
 meet no more than 50% of the
 requirement and must be used
 in combination with any of the
 above:
    Peanuts, soynuts, tree       \1/2\ ounce=50%........  \3/4\ ounce=50%.......  1 ounce=50%...........  1 ounce=50%...........  \3/4\ ounce=50%.
     nuts, or seeds, as listed
     in program guidance, or an
     equivalent quantity of any
     combination of the above
     meat/meat alternate (1
     ounce of nuts/seeds equals
     1 ounce of cooked lean
     meat, poultry or fish)..
    Vegetable or Fruit: 2 or     \1/2\ cup..............  \1/2\ cup.............  \3/4\ cup plus an       1 cup.................  \3/4\ cup.
     more servings of                                                              extra 1/2 cup over a
     vegetables or fruits or                                                       week \2\.
     both.
    Grains/Breads: Must be       5 servings per week \2\  8 servings per week     12 servings per week    15 servings per week    10 servings per week
     enriched or whole grain. A   --minimum of 1/2 day.    \2\ --minimum of 1      \2\ --minimum of 1      \2\ --minimum of 1      \2\ --minimum of 1
     serving is a slice of                                 per day.                per day \3\.            per day \3\.            per day \3\.
     bread or an equivalent
     serving of biscuits,
     rolls, etc., or 1/2 cup of
     cooked rice, macaroni,
     noodles, other pasta
     products or cereal grains.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Must meet the requirements in appendix A of this part.
\2\ For the purposes of this chart, a week equals five days.
\3\ Up to one grains/breads serving per day may be a dessert.

    (3) Meat or meat alternate component. * * *
    (i) Enriched macaroni with fortified protein as defined in appendix 
A of this part may be used to meet part of the meat or meat alternate 
requirement when used as specified in appendix A of this part. * * *
* * * * *

    3. In Sec. 210.10a:

    A. Revise the table in paragraph (c); and
    b. Revise the first sentence in paragraph (d)(2)(i).
    The revisions read as follows:


Sec. 210.10a  Lunch components and quantities for the meal pattern.

* * * * *
    (c) Minimum required lunch quantities.* * *

[[Page 12434]]



                                             Traditional Food-Based Menu Planning--Meal Pattern for Lunches
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Minimum Quantities                                        Recommended Quantities
                                ------------------------------------------------------------------------------------------------------------------------
 Food Components and Food Items     Group I,  ages 1-2      Group II,  ages 3-4    Group III,  ages 5-8    Group IV, age  9 and    Group V, age 12  and
                                       (preschool)              (preschool)                (K-3)               older  (4-12)           older  (7-12)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milk (as a beverage)...........  6 fluid ounces.........  6 fluid ounces........  8 fluid ounces........  8 fluid ounces........  8 fluid ounces.
Meat or Meat Alternate           .......................  ......................  ......................  ......................  ......................
 (quantity of the edible
 portion as served):
    Lean meat, poultry, or fish  1 ounce................  1\1/2\ ounces.........  1\1/2\ ounces.........  2 ounces..............  3 ounces.
    Alternate protein            1 ounce................  1\1/2\ ounces.........  1\1/2\ ounces.........  2 ounces..............  3 ounces.
     products\1\.
    Cheese.....................  1 ounce................  1\1/2\ ounces.........  1\1/2\ ounces.........  2 ounces..............  3 ounces.
    Large egg..................  \1/2\..................  1\3/4\ ounces.........  1\3/4\ ounces.........  1 ounces..............  1\1/2\.
    Cooked dry beans or peas...  \1/4\ cup..............  \3/8\ cup.............  \3/8\ cup.............  \1/2\cup..............  \3/4\ cup.
    Peanut butter or other nut   2 tablespoons..........  3 tablespoons.........  3 telephones..........  4 tablespoons.........  6 tablespoons.
     or seed butters.
    Yogurt, plain or flavored,   4 ounces or \1/2\ cup..  6 ounces or \3/4\ cups  6 ounces or \3/4\ cup.  8 ounces or 1 cup.....  12 ounces or 1\1/2\.
     unsweetened or sweetened.
The following may be used to     .......................  ......................  ......................  ......................  ......................
 meet no more than 50% of the
 requirement and must be used
 in combination with any of the
 above:
    Peanuts, soynuts, tree       \1/2\ ounce = 50%......  \3/4\ ounce = 50%.....  \3/4\ ounce = 50%.....  1 ounce = 50%.........  1\1/2\ ounce = 50%.
     nuts, or seeds, as listed
     in program guidance, or an
     equivalent quantity of any
     combination of the above
     meat/meat alternate (1
     ounce of nuts/seeds = 1
     ounce of cooked lean meat,
     poultry, or fish).
    Vegetable or Fruit: 2 or     \1/2\ cup..............  \1/2\ cup.............  \1/2\ cup.............  \3/4\ cup.............  \3/4\ cup.
     more servings of
     vegetables or fruits or
     both.
    Bread or Bread Alternate:    5 servings per week \2\  8 servings per week     8 servings per week     8 servings per week     10 servings per week
     (Servings per week): Must    --minimum of \1/2\ day.  \2\ --minimum of 1      \2\ --minimum of 1      \2\ --minimum of 1      \2\ --minimum of 1
     be enriched or whole                                  per day.                per day.                per day.                per day.
     grain. A serving is a
     slice of bread or an
     equivalent serving of
     biscuits, rolls, etc., or
     \1/2\ cup of cooked rice,
     macaroni, noodles, other
     pasta products or cereal
     grains.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Must meet the requirements in appendix A of this part.
\2\ For the purposes of this chart, a week equals five days.

    (d) Lunch components. * * *
    (2) Meat or meat alternate. * * *
    (i) Enriched macaroni with fortified protein as defined in appendix 
A of this part may be used to meet part of the meat or meat alternate 
requirement when used as specified in appendix A of this part. * * *
* * * * *

    4. In Sec. 210.30, revise paragraphs (b), (c), and (f) to read as 
follows:


Sec. 210.30  Regional office addresses.

* * * * *
    (b) In the States of Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina, and Tennessee: Southeast 
Regional Office, FNS, U.S. Department of Agriculture, 61 Forsyth Street 
SW, Room 8T36, Atlanta, Georgia 30303.
    (c) In the States of Illinois, Indiana, Michigan, Minnesota, Ohio, 
and Wisconsin: Midwest Regional Office, FNS, U.S. Department of 
Agriculture, 77 West Jackson Boulevard, 20th Floor, Chicago, Illinois 
60604-3507.
* * * * *
    (f) In the States of Delaware, District of Columbia, Maryland, New 
Jersey, Pennsylvania, Puerto Rico, Virginia, Virgin Islands, and West 
Virginia: Mid-Atlantic Regional Office, FNS, U.S. Department of 
Agriculture, 300 Corporate Boulevard, Robbinsville, New Jersey 08691-
1598.
* * * * *

    5. In Appendix A to Part 210, entitled Alternate Foods for Meals, 
revise the undesignated center heading ``Enriched Macaroni Products 
with Fortified Protein'' to read ``I. Enriched Macaroni Products with 
Fortified Protein.''

    6. In Appendix A to Part 210, entitled Alternate Foods for Meals, 
revise the section entitled ``Vegetable Protein Products'' to read as 
follows:

Appendix A to Part 210--Alternate Foods for Meals

* * * * *

II. Alternate Protein Products

A. What Are the Criteria for Alternate Protein Products Used in the 
National School Lunch Program?

    1. An alternate protein product used in meals planned under the 
food-based menu planning approaches in Sec. 210.10(k) or 
Sec. 210.10a, whichever is applicable, must meet all of the criteria 
in this section.
    2. An alternate protein product whether used alone or in 
combination with meat or other meat alternates must meet the 
following criteria:
    a. The alternate protein product must be processed so that some 
portion of the non-protein constituents of the food is removed. 
These alternate protein products must be safe and suitable edible 
products produced from plant or animal sources.
    b. The biological quality of the protein in the alternate 
protein product must be at least 80 percent that of casein, 
determined by performing a Protein Digestibility Corrected Amino 
Acid Score (PDCAAS).
    c. The alternate protein product must contain at least 18 
percent protein by weight when fully hydrated or formulated. (``When 
hydrated or formulated'' refers to a dry alternate protein product 
and the amount of water, fat, oil, colors, flavors or any other 
substances which have been added).
    d. Manufacturers supplying an alternate protein product to 
participating schools or institutions must provide documentation 
that the product meets the criteria in paragraphs A2. a through c of 
this appendix.
    e. Manufacturers should provide information on the percent 
protein contained in the dry alternate protein product and on an as 
prepared basis.
    f. For an alternate protein product mix, manufacturers should 
provide information on:
    (1) the amount by weight of dry alternate protein product in the 
package;
    (2) hydration instructions; and
    (3) instructions on how to combine the mix with meat or other 
meat alternates.

[[Page 12435]]

B. How Are Alternate Protein Products Used in the National School 
Lunch Program?

    1. Schools, institutions, and service institutions may use 
alternate protein products to fulfill all or part of the meat/meat 
alternate component discussed in Sec. 210.10 or Sec. 210.10a, 
whichever is applicable.
    2. The following terms and conditions apply:
    a. The alternate protein product may be used alone or in 
combination with other food ingredients. Examples of combination 
items are beef patties, beef crumbles, pizza topping, meat loaf, 
meat sauce, taco filling, burritos, and tuna salad.
    b. Alternate protein products may be used in the dry form 
(nonhydrated), partially hydrated or fully hydrated form. The 
moisture content of the fully hydrated alternate protein product (if 
prepared from a dry concentrated form) must be such that the mixture 
will have a minimum of 18 percent protein by weight or equivalent 
amount for the dry or partially hydrated form (based on the level 
that would be provided if the product were fully hydrated).

C. How Are Commercially Prepared Products Used in the National 
School Lunch Program?

    Schools, institutions, and service institutions may use a 
commercially prepared meat or meat alternate product combined with 
alternate protein products or use a commercially prepared product 
that contains only alternate protein products.

PART 215--SPECIAL MILK PROGRAM FOR CHILDREN

    1. The authority citation for part 215 continues to read as 
follows:

    Authority: 42 U.S.C. 1772, 1779.


    2. In Sec. 215.16, revise paragraphs (b), (c), (d), and (f) to read 
as follows:


Sec. 215.16  Program information.

* * * * *
    (b) In the States of Delaware, District of Columbia, Maryland, New 
Jersey, Pennsylvania, Puerto Rico, Virginia, Virgin Islands, and West 
Virginia: Mid-Atlantic Regional Office, FNS, U.S. Department of 
Agriculture, 300 Corporate Boulevard, Robbinsville, New Jersey 08691-
1598.
    (c) In the States of Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina, and Tennessee: Southeast 
Regional Office, FNS, U.S. Department of Agriculture, 61 Forsyth Street 
SW., Room 8T36, Atlanta, Georgia 30303.
    (d) In the States of Illinois, Indiana, Michigan, Minnesota, Ohio, 
and Wisconsin: Midwest Regional Office, FNS, U.S. Department of 
Agriculture, 77 West Jackson Boulevard, 20th Floor, Chicago, Illinois 
60604-3507.
* * * * *
    (f) In the States of Alaska, American Samoa, Arizona, California, 
Guam, Hawaii, Idaho, Nevada, Oregon, The Commonwealth of the Northern 
Mariana Islands, and Washington: Western Regional Office, FNS, U.S. 
Department of Agriculture, 550 Kearny Street, Room 400, San Francisco, 
California 94108.
* * * * *

PART 220--SCHOOL BREAKFAST PROGRAM

    1. The authority citation for 7 CFR part 220 continues to read as 
follows:

    Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.


    2. In Sec. 220.8, revise paragraph (g)(2) to read as follows:


Sec. 220.8  Nutrition standards for breakfast and menu planning 
alternatives.

* * * * *
    (g) Food-based menu planning. * * *
    (2) Minimum quantities. At a minimum, schools shall serve meals in 
the quantities provided in the following chart:

                                   Minimum Requirements--Enhanced Food-Based Menu Planning Alternative for Breakfasts
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Required for
        Food component/item        ---------------------------------------------------------------------------------------    Option for  Grades 7-12
                                              Ages 1-2                    Preschool                   Grades K-12
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milk (Fluid) (As a beverage, on     4 fluid ounces.............  6 fluid ounces.............  8 fluid ounces.............  8 fluid ounces
 cereal or both).
Juice/Fruit/Vegetable: Fruit and/   \1/4\ cup..................  \1/2\ cup..................  \1/2\ cup..................  \1/2\ cup
 or vegetable; or full-strength
 fruit juice or vegetable juice.
  Select one serving from each of
  the following components or two
        from one component:
Grains/breads (one of the
 following or an equivalent
 combination):
    Whole-grain or enriched bread.  \1/2\ slice................  \1/2\ slice................  1 slice....................  1 slice.
    Whole-grain or enriched         \1/2\ serving..............  \1/2\ serving..............  1 serving..................  1 serving.
     biscuit, roll, muffin, etc.
    Whole-grain, enriched or        \1/4\ cup or \1/3\ ounce...  \1/3\ cup or \1/2\ ounce...  \3/4\ cup or 1 ounce.......  \3/4\ cup or 1 ounce plus an
     fortified cereal.                                                                                                      additional serving of one of
                                                                                                                            the Grains/Breads above.
Meat or Meat Alternates:
    Meat/poultry or fish..........  \1/2\ ounce................  \1/2\ ounce................  1 ounce....................  1 ounce.
    Alternate protein products \1\  \1/2\ ounce................  \1/2\ ounce................  1 ounce....................  1 ounce.
    Cheese........................  \1/2\ ounce................  \1/2\ ounce................  1 ounce....................  1 ounce.
    Egg (large)...................  \1/2\......................  \1/2\......................  \1/2\......................  \1/2\.
    Peanut butter or other nut or   1 tablespoon...............  1 tablespoon...............  2 tablespoons..............  2 tablespoons.
     seed butters.
    Cooked dry beans and peas.....  2 tablespoons..............  2 tablespoons..............  4 tablespoons..............  4 tablespoons.
    Nuts and/or seeds (as listed    \1/2\ ounce................  \1/2\ ounce................  1 ounce....................  1 ounce.
     in program guidance \2\.
    Yogurt, plain or flavored,      2 ounces or \1/4\ cup......  2 ounces or \1/4\ cup......  4 ounces or \1/2\ cup......  4 ounces or \1/2\ cup.
     unsweetened or sweetened.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Must meet the requirements in appendix A of this part.
\2\ No more than 1 ounce of nuts and/or seeds may be served in any one breakfast.


[[Page 12436]]

* * * * *
    3. In Sec. 220.8a, revise paragraph (a)(2) to read as follows:


Sec. 220.8a  Breakfast components and quantities for the meal pattern.

    (a) * * *
    (2) Minimum required breakfast quantities. Except as otherwise 
provided in this section and in any appendix to this part, a breakfast 
eligible for Federal cash reimbursement shall contain at least the per 
breakfast minimum quantities of each item for the age and grade levels 
specified in the following table:

              Minimum Requirements--Traditional Food-Based Menu Planning Alternative for Breakfasts
----------------------------------------------------------------------------------------------------------------
     Food component/items                Ages 1-2                 Ages 3, 4 and 5              Grades K-12
----------------------------------------------------------------------------------------------------------------
Milk (Fluid) (As a beverage,   \1/2\ cup..................  \3/4\ cup.................  \1/2\ pint
 on cereal or both).
Juice/Fruit/Vegetable :\1\     \1/4\ cup..................  \1/2\ cup.................  \1/2\ cup
 Fruit and/or vegetable; or
 full-strength fruit juice or
 vegetable juice.
 Select one serving from each
 of the following components
  or two from one component:
Bread/Bread Alternate (one of
 the following or an
 equivalent combination) :\2\
    Whole-grain or enriched    \1/2\ slice................  \1/2\ slice...............  1 slice.
     bread.
    Whole-grain or enriched    \1/2\ serving..............  \1/2\ serving.............  1 serving.
     biscuit, roll, muffin,
     etc.
    Whole-grain, enriched or   \1/4\ cup or \1/3\ ounce...  \1/3\ cup or \1/2\ ounce..  \3/4\ cup or 1 ounce.
     fortified cereal.
Meat or Meat Alternates:
    Meat/poultry or fish.....  \1/2\ ounce................  \1/2\ ounce...............  1 ounce.
    Alternate protein          \1/2\ ounce................  \1/2\ ounce...............  1 ounce.
     products.\3\
    Cheese...................  \1/2\ ounce................  \1/2\ ounce...............  1 ounce.
    Egg (large)..............  \1/2\......................  \1/2\.....................  \1/2\.
    Peanut butter or other     1 tablespoon...............  1 tablespoon..............  2 tablespoons.
     nut or seed butters.
    Cooked dry beans and peas  2 tablespoons..............  2 tablespoons.............  4 tablespoons.
    Nuts and/or seeds (as      \1/2\......................  \1/2\ ounce...............  1 ounce.
     listed in program
     guidance).\4\
    Yogurt, plain or           2 ounces or \1/4\ cup......  2 ounces or \1/4\ cup.....  4 ounces or \1/2\ cup.
     flavored, unsweetened or
     sweetened.
----------------------------------------------------------------------------------------------------------------
\1\ A citrus juice or fruit or a fruit or vegetable or juice that is a good source of vitamin C (See Menu
  Planning Guide for School Food Service (PA-1260) is recommended to be offered daily.
\2\ See Food Buying Guide for Child Nutrition Programs, PA-1331 (1984) for serving sizes for breads and bread
  alternates.
\3\ Must meet the requirements in appendix A of this part.
\4\ No more than 1 ounce of nuts and/or seeds may be served in any one meal.

* * * * *

    4. In Sec. 220.20, revise paragraphs (a) through (e) to read as 
follows:


Sec. 220.20  Program information.

* * * * *
    (a) In the States of Delaware, District of Columbia, Maryland, New 
Jersey, Pennsylvania, Puerto Rico, Virginia, Virgin Islands, and West 
Virginia: Mid-Atlantic Regional Office, FNS, U.S. Department of 
Agriculture, 300 Corporate Boulevard, Robbinsville, New Jersey 08691-
1598.
    (b) In the States of Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina, and Tennessee: Southeast 
Regional Office, FNS, U.S. Department of Agriculture, 161 Forsyth 
Street SW., Room 8T36, Atlanta, Georgia 30303.
    (c) In the States of Illinois, Indiana, Michigan, Minnesota, Ohio, 
and Wisconsin: Midwest Regional Office, FNS, U.S. Department of 
Agriculture, 77 West Jackson Boulevard, 20th Floor, Chicago, Illinois 
60604-3507.
    (d) In the States of Arkansas, Louisiana, New Mexico, Oklahoma, and 
Texas: Southwest Regional Office, FNS, U.S. Department of Agriculture, 
1100 Commerce Street, Room 5-C-30, Dallas, Texas 75242.
    (e) In the States of Alaska, American Samoa, Arizona, California, 
Guam, Hawaii, Idaho, Nevada, Oregon, the Commonwealth of the Northern 
Mariana Islands, and Washington: Western Regional Office, FNS, U.S. 
Department of Agriculture, 550 Kearny Street, Room 400, San Francisco, 
California 94108.
* * * * *

    5. In Appendix A to Part 220, entitled Alternate Foods for Meals, 
revise the undesignated center heading ``Formulated Grain-Fruit 
Products'' to read ``I. Formulated Grain-Fruit Products''.
    6. Add a new section to Appendix A of Part 220, entitled ``II. 
Alternate Protein Products'' following the table at the end of the 
Appendix A to read as follows:

Appendix A to Part 220--Alternate Foods for Meals

* * * * *

II. Alternate Protein Products

A. What Are the Criteria for Alternate Protein Products Used in the 
School Breakfast Program?

    1. An alternate protein product used in meals planned under the 
food-based menu planning approaches in Sec. 220.8(g) or Sec. 220.8a, 
whichever is applicable, must meet all of the criteria in this 
section.
    2. An alternate protein product whether used alone or in 
combination with meat or other meat alternates must meet the 
following criteria:
    a. The alternate protein product must be processed so that some 
portion of the non-protein constituents of the food is removed. 
These alternate protein products must be safe and suitable edible 
products produced from plant or animal sources.
    b. The biological quality of the protein in the alternate 
protein product must be at least 80 percent that of casein, 
determined by performing a Protein Digestibility Corrected Amino 
Acid Score (PDCAAS).
    c. The alternate protein product must contain at least 18 
percent protein by weight when fully hydrated or formulated. (``When 
hydrated or formulated'' refers to a dry alternate protein product 
and the amount of water, fat, oil, colors, flavors or any other 
substances which have been added).
    d. Manufacturers supplying an alternate protein product to 
participating schools or institutions must provide documentation 
that the product meets the criteria in paragraphs A.2. a through c 
of this appendix.
    e. Manufacturers should provide information on the percent 
protein contained in the dry alternate protein product and on an as 
prepared basis.
    f. For an alternate protein product mix, manufacturers should 
provide information on:
    (1) The amount by weight of dry alternate protein product in the 
package;
    (2) Hydration instructions; and

[[Page 12437]]

    (3) instructions on how to combine the mix with meat or other 
meat alternates.

B. How Are Alternate Protein Products Used in the School Breakfast 
Program?

    1. Schools, institutions, and service institutions may use 
alternate protein products to fulfill all or part of the meat/meat 
alternate component discussed in Sec. 220.8 or Sec. 220.8a, 
whichever is applicable. The following terms and conditions apply:
    a. The alternate protein product may be used alone or in 
combination with other food ingredients. Examples of combination 
items are beef patties, beef crumbles, pizza topping, meat loaf, 
meat sauce, taco filling, burritos, and tuna salad.
    b. Alternate protein products may be used in the dry form 
(nonhydrated), partially hydrated or fully hydrated form. The 
moisture content of the fully hydrated alternate protein product (if 
prepared from a dry concentrated form) must be such that the mixture 
will have a minimum of 18 percent protein by weight or equivalent 
amount for the dry or partially hydrated form (based on the level 
that would be provided if the product were fully hydrated).

C. How Are Commercially Prepared Products Used in the School 
Breakfast Program?

    Schools, institutions, and service institutions may use a 
commercially prepared meat or other meat alternate products combined 
with alternate protein products or use a commercially prepared 
product that contains only alternate protein products.

PART 225--SUMMER FOOD SERVICE PROGRAM

    1. The authority citation for 7 CFR 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 225.16:
    a. Revise paragraph (d) in its entirety; and

    b. Revise the first sentence of paragraph (e)(3).
    The revisions read as follows:


Sec. 225.16  Meal service requirements.

* * * * *
    (d) Meal patterns. The meal requirements for the Program are 
designed to provide nutritious and well-balanced meals to each child. 
Sponsors shall ensure that meals served meet all of the requirements. 
Except as otherwise provided in this section, the following tables 
present the minimum requirements for meals served to children in the 
Program. Children age 12 and up may be served larger portions based on 
the greater food needs of older boys and girls.
    (1) Breakfast. The minimum amount of food components to be served 
as breakfast are as follows:

------------------------------------------------------------------------
           Food components                      Minimum amount
------------------------------------------------------------------------
                          Vegetables and Fruits
------------------------------------------------------------------------
Vegetable(s) and/or fruit(s) or.....  \1/2\ cup.\1\
Full-strength vegetable or fruit      \1/2\ cup (4 fluid ounces).
 juice or an equivalent quantity of
 any combination of vegetable(s),
 fruits(s), and juice.
------------------------------------------------------------------------
                     Bread and Bread Alternates \2\
------------------------------------------------------------------------
Bread or............................  1 slice.
Cornbread, biscuits, rolls, muffins,  1 serving.\3\
 etc. or.
Cold dry cereal or..................  \3/4\ cup or 1 ounce.\4\
Cooked cereal or cereal grains or...  \1/2\ cup.
Cooked pasta or noodle products or    \1/2\ cup.
 an equivalent quantity of any
 combination of bread/bread
 alternate.
------------------------------------------------------------------------
                                Milk \5\
------------------------------------------------------------------------
Milk, fluid.........................  1 cup (\1/2\ pint, 8 fluid
                                       ounces).
------------------------------------------------------------------------
                   Meat and Meat Alternates (Optional)
------------------------------------------------------------------------
Lean meat or poultry or fish or.....  1 ounce.
Alternate protein product6 or.......  1 ounce.
Cheese or...........................  1 ounce.
Egg (large) or......................  \1/2\.
Cooked dry beans or peas or.........  \1/2\ cup.
Peanut butter or an equivalent        2 tablespoons.
 quantity of any combination of meat/
 meat alternate or.
Yogurt, plain or flavored,            4 ounces or \1/2\ cup.
 unsweetened or sweetened.
------------------------------------------------------------------------
\1\ For the purposes of the requirement outlined in this table, a cup
  means a standard measuring cup.
\2\ Bread, pasta or noodle products, and cereal grains (such as rice,
  bulgur, or corn grits) shall be whole-grain or enriched; cornbread,
  biscuits, rolls, muffins, etc., shall be made with whole-grain or
  enriched meal or flour; cereal shall be whole-grain, enriched or
  fortified.
\3\ Serving sizes and equivalents will be in guidance materials to be
  distributed by FNS to State agencies.
\4\ Either volume (cup) or weight (ounces), whichever is less.
\5\ Milk shall be served as a beverage or on cereal or used in part for
  each purpose.
\6\ Must meet the requirements in appendix A of this part.

    (2) Lunch or supper. The minimum amounts of food components to be 
served as lunch or supper are as follows:

------------------------------------------------------------------------
           Food components                      Minimum amount
------------------------------------------------------------------------
                        Meat and Meat Alternates
------------------------------------------------------------------------
Lean meat or poultry or fish or.....  2 ounces.
Alternate protein products \1\ or...  2 ounces.

[[Page 12438]]

 
Cheese or...........................  2 ounces.
Egg (large) or......................  1.
Cooked dry beans or peas or.........  \1/2\ cup.\2\
Peanut butter or soynut butter or     4 tablespoons.
 other nut or seed butters or.
Peanuts or soynuts or tree nuts or    1 ounce=50%.\4\
 seed \3\ or.
Yogurt, plain or flavored,            8 ounces or 1 cup.
 unsweetened or sweetened or an
 equivalent quantity of any
 combination of the above meat/meat
 alternates.
------------------------------------------------------------------------
                          Vegetables and Fruits
------------------------------------------------------------------------
Vegetable(s) and/or fruit(s) \5\....  \3/4\ cup total.
------------------------------------------------------------------------
                    Bread and Bread Alternatives \6\
------------------------------------------------------------------------
Bread or............................  1 slice.
Cornbread, biscuits, rolls, muffins,  1 serving.\7\
 etc. or.
Cooked pasta or noodle products or..  \1/2\ cup.
Cooked cereal grains or an            \1/2\ cup.
 equivalent quantity of any
 combination of bread/bread
 alternate.
------------------------------------------------------------------------
                                  Milk
------------------------------------------------------------------------
Milk, fluid, served as a beverage...  1 cup (\1/2\ pint, 8 fluid
                                       ounces).
------------------------------------------------------------------------
\1\ Must meet the requirements of appendix A of this part.
\2\ For the purposes of the requirement outlined in this table, a cup
  means a standard measuring cup.
\3\ Tree nuts and seeds that may be used as meat alternate are listed in
  program guidance.
\4\ 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 purposes of determining combinations, 1
  ounce of nuts or seeds is equal to 1 ounce of cooked lean meat,
  poultry or fish.
\5\ Serve 2 or more kinds of vegetable(s) and/or fruits or a combination
  of both. Full strength vegetable or fruit juice may be counted to meet
  not more than one-half of this requirement.
\6\ Bread, pasta or noodle products, and cereal grains (such as rice,
  bulgur, or corn grits) shall be whole-grain or enriched; cornbread,
  biscuits, rolls, muffins, etc., shall be made with whole-grain or
  enriched meal or flour; cereal shall be whole-grain, enriched or
  fortified.
\7\ Serving sizes and equivalents will be in guidance materials to be
  distributed by FNS to State agencies.

    (3) Snacks. The minimum amounts of food components to be served as 
snacks are as follows. Select two of the following four components. 
(Juice may not be served when milk is served as the only other 
component.)

------------------------------------------------------------------------
           Food components                      Minimum amount
------------------------------------------------------------------------
                        Meat and Meat Alternates
------------------------------------------------------------------------
Lean meat or poultry or fish or.....  1 ounce.
Alternate protein products \1\ or...  1 ounce.
Cheese or...........................  1 ounce.
Egg (large) or......................  \1/2\.
Cooked dry beans or peas or.........  \1/4\ cup \2\.
Peanut butter or soynut butter or     2 tablespoons.
 other nut or seed butters or.
Peanuts or soynuts or tree nuts or    1 ounce.
 seeds \3\ or.
Yogurt, plain or flavored,            4 ounce or \1/2\ cup.
 unsweetened or sweetened or an
 equivalent quantity of any
 combination of the above meat/meat
 alternates.
------------------------------------------------------------------------
                          Vegetables and Fruits
------------------------------------------------------------------------
Vegetable(s) and/or fruit(s) or.....  \3/4\ cup.
Full-strength vegetable or fruit      \3/4\ cup (6 fluid ounces).
 juice or an equivalent quantity or
 any combination of vegetable(s),
 fruits(s) and juice.
------------------------------------------------------------------------
                     Bread and Bread Alternates \4\
------------------------------------------------------------------------
Bread or............................  1 slice.
Cornbread, biscuits, rolls, muffins,  1 serving.\5\
 etc. or.
Cold dry cereal or..................  \3/4\ cup or 1 ounce.\6\
Cooked cereal or....................  \1/2\ cup.
Cooked cereal grains or an            \1/2\ cup.
 equivalent quantity of any
 combination of bread/bread
 alternate.
------------------------------------------------------------------------
                                Milk \7\
------------------------------------------------------------------------
Milk, fluid.........................  1 cup (\1/2\ pint, 8 fluid
                                       ounces).
------------------------------------------------------------------------
\1\ Must meet the requirements in appendix A of this part.
\2\ For the purposes of the requirement outlined in this table, a cup
  means a standard measuring cup.
\3\ Tree nuts and seeds that may be used as meat alternates are listed
  in program guidance.

[[Page 12439]]

 
\4\ Bread, pasta or noodle products, and cereal grains (such as rice,
  bulgur, or corn grits) shall be whole-grain or enriched; cornbread,
  biscuits, rolls, muffins, etc., shall be made with whole-grain or
  enriched meal or flour; cereal shall be whole-grain, enriched or
  fortified.
\5\ Serving sizes and equivalents will be in guidance materials to be
  distributed by FNS to State agencies.
\6\ Either volume (cup) or weight (ounces), whichever is less.
\7\ Milk should be served as a beverage or on cereal, or used in part
  for each purpose.

* * * * *
    (e) Meat or meat alternate. * * *
    (3) Enriched macaroni with fortified protein may be used to meet 
part but not all of the meat/meat alternate requirement. * * *
* * * * *

    3. In Sec. 225.19, revise paragraphs (a), (b), (c), (d), and (g) to 
read as follows:


Sec. 225.19.  Regional office addresses.

* * * * *
    (a) In the States of Connecticut, Maine, Massachusetts, New 
Hampshire, New York, Rhode Island, and Vermont: Northeast Regional 
Office, FNS, U.S. Department of Agriculture, 10 Causeway Street, Room 
501, Boston, MA 02222-1065.
    (b) In the States of Delaware, District of Columbia, Maryland, New 
Jersey, Pennsylvania, Puerto Rico, Virginia, Virgin Islands, and West 
Virginia: Mid-Atlantic Regional Office, FNS, U.S. Department of 
Agriculture, 300 Corporate Boulevard, Robbinsville, NJ 08691-1598.
    (c) In the States of Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina, and Tennessee: Southeast 
Regional Office, FNS, U.S. Department of Agriculture, 61 Forsyth 
Street, SW., Room 8T36, Atlanta, GA 30303.
    (d) In the States of Illinois, Indiana, Michigan, Minnesota, Ohio 
and Wisconsin: Midwest Regional Office, FNS, U.S. Department of 
Agriculture, 77 Jackson Boulevard, 20th Floor, Chicago, IL 60604-3507.
* * * * *
    (g) In the States of Alaska, American Samoa, Arizona, California, 
Guam, Hawaii, Idaho, Nevada, Oregon, the Commonwealth of the Northern 
Mariana Islands, and Washington: Western Regional Office, FNS, U.S. 
Department of Agriculture, 550 Kearney Street, Room 400, San Francisco, 
CA 94108.

    4. Revise Appendix A to Part 225, entitled Alternate Foods for 
Meals, to read as follows:

Appendix A to Part 225--Alternate Foods for Meals

Alternate Protein Products

A. What Are the Criteria for Alternate Protein Products Used in the 
Summer Food Service Program?

    1. An alternate protein product used in meals planned under the 
provisions in Sec. 225.16 must meet all of the criteria in this 
section.
    2. An alternate protein product whether used alone or in 
combination with meat or other meat alternates must meet the 
following criteria:
    a. The alternate protein product must be processed so that some 
portion of the non-protein constituents of the food is removed. 
These alternate protein products must be safe and suitable edible 
products produced from plant or animal sources.
    b. The biological quality of the protein in the alternate 
protein product must be at least 80 percent that of casein, 
determined by performing a Protein Digestibility Corrected Amino 
Acid Score (PDCAAS).
    c. The alternate protein product must contain at least 18 
percent protein by weight when fully hydrated or formulated. (``When 
hydrated or formulated'' refers to a dry alternate protein product 
and the amount of water, fat, oil, colors, flavors or any other 
substances which have been added).
    d. Manufacturers supplying an alternate protein product to 
participating schools or institutions must provide documentation 
that the product meets the criteria in paragraphs A. 2. a through c 
of this appendix.
    e. Manufacturers should provide information on the percent 
protein contained in the dry alternate protein product and on an as 
prepared basis.
    f. For an alternate protein product mix, manufacturers should 
provide information on:
    (1) The amount by weight of dry alternate protein product in the 
package;
    (2) Hydration instructions; and
    (3) Instructions on how to combine the mix with meat or other 
meat alternates.

B. How Are Alternate Protein Products Used in the Summer Food 
Service Program?

    1. Schools, institutions, and service institutions may use 
alternate protein products to fulfill all or part of the meat/meat 
alternate component discussed in Sec. 225.20.
    2. The following terms and conditions apply:
    a. The alternate protein product may be used alone or in 
combination with other food ingredients. Examples of combination 
items are beef patties, beef crumbles, pizza topping, meat loaf, 
meat sauce, taco filling, burritos, and tuna salad.
    b. Alternate protein products may be used in the dry form 
(nonhydrated), partially hydrated or fully hydrated form. The 
moisture content of the fully hydrated alternate protein product (if 
prepared from a dry concentrated form) must be such that the mixture 
will have a minimum of 18 percent protein by weight or equivalent 
amount for the dry or partially hydrated form (based on the level 
that would be provided if the product were fully hydrated).

C. How Are Commercially Prepared Products Used in the Summer Food 
Service Program?

    Schools, institutions, and service institutions may use a 
commercially prepared meat or meat alternate products combined with 
alternate protein products or use a commercially prepared product 
that contains only alternate protein products.

PART 226--CHILD AND ADULT CARE FOOD PROGRAM

    1. The authority citation for 7 CFR 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. Revise the first sentence of paragraph (a)(2)(ii)(A); and
    b. Revise paragraph (c) in its entirety.
    The revisions read as follows:


Sec. 226.20  Requirements for meals.

    (a) * * *
    (2) * * *
    (ii)(A) Lean meat, poultry or fish; alternate protein products; or 
cheese; or an egg; or cooked dry beans or peas; or peanut butter; or 
any combination of these foods. * * *
* * * * *
    (c) Meal patterns for children age one through 12 and adult 
participants. When individuals over age one participate in the Program, 
the total amount of food authorized in the meal patterns set forth 
below shall be provided in order to qualify for reimbursement.
    (1) Breakfast. The minimum amount of food components to be served 
as breakfast as set forth in paragraph (a)(1) of this section are as 
follows:

[[Page 12440]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
          Food components                    Age 1 and 2                 Age 3 through 5            Age 6 through 12 \1\          Adult participants
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milk, fluid.......................  \1/2\ cup \2\...............  \3/4\ cup...................  1 cup......................  1 cup.\2\
Vegetables and Fruits or..........  \1/4\ cup...................  \1/2\ cup...................  \1/2\ cup..................  \1/2\ cup.
Full-strength vegetable or fruit    \1/4\ cup...................  \1/2\ cup...................  \1/2\ cup..................  \1/2\ cup.
 juice or an equivalent quantity
 of any combination of
 vegetable(s), fruit(s), and juice.
 
  Bread and Bread Alternates \3\
 
Bread or..........................  \1/2\ slice.................  \1/2\ slice.................  1 slice....................  2 slices (servings).
Cornbread, biscuits, rolls,         \1/2\ serving...............  \1/2\ serving...............  1 serving..................  2 servings.
 muffins, etc.\4\ or.
Cold dry cereal \5\ or............  \1/4\ cup or \1/3\ ounce....  \1/3\ cup or \1/2\ ounce....  \3/4\ cup or 1 ounce.......  1\1/2\ cup or 2 ounces.
Cooked cereal or..................  \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup..................  1 cup.
Cooked pasta or noodle products or  \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup..................  1 cup.
Cooked cereal grains or an          \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup..................  1 cup.
 equivalent quantity of any
 combination of bread/bread
 alternate.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 up to 12.
\2\ For purposes of the requirements outlined in this subsection, a cup means a standard measuring cup.
\3\ Bread, pasta or noodle products, and cereal grains, shall be whole grain or enriched; cornbread, biscuits, rolls, muffins, etc., shall be made with
  whole grain or enriched meal or flour; cereal shall be whole grain or enriched or fortified.
\4\ Serving sizes and equivalents to be published in guidance materials by FNS.
\5\ Either volume (cup) or weight (ounces) whichever is less.

    (2) Lunch. The minimum amount of food components to be served as 
lunch as set forth in paragraph (a)(2) of this section are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
          Food components                    Age 1 and 2                 Age 3 through 5            Age 6 through 12 \1\          Adult participants
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milk, fluid.......................  \1/2\ cup \2\...............  \3/4\ cup...................  1 cup......................  1 cup \2\.
     Vegetables and Fruits \3\
 
Vegetables(s) and/or fruit(s).....  \1/4\ cup total.............  \1/2\ cup total.............  \3/4\ cup total............   1 cup total.
 
  Bread and Bread Alternates \4\
 
Bread or..........................  \1/2\ slice.................  \1/2\ slice.................  1 slice....................  2 slices (servings).
Cornbread, biscuits, rolls,         \1/2\ serving...............  \1/2\ serving...............  1 serving..................  2 servings.
 muffins, etc.\5\ or.
Cooked pasta or noodle products or  \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup..................  1 cup.
Cooked cereal grains or an          \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup..................  1 cup.
 equivalent quantity of any
 combination of bread/bread
 alternate.
 
     Meat and Meat Alternates
 
Lean meat or poultry or fish \6\    1 ounce.....................  1\1/2\ ounces...............  2 ounces...................  2 ounces.
 or.
Alternate protein products \7\ or.  1 ounce.....................  1\1/2\ ounces...............  2 ounces...................  2 ounces.
Cheese or.........................  1 ounce.....................  1\1/2\ ounces...............  2 ounces...................  2 ounces.
Egg (large) or....................  \1/2\.......................  \3/4\.......................  1..........................  1.
Cooked dry beans or peas or.......  \1/4\ cup...................  \3/8\ cup...................  \1/2\ cup..................  \1/2\ cup.
Peanut butter or soynut butter or   2 tablespoons...............  3 tablespoons...............  4 tablespoons..............  4 tablespoons.
 other nut or seed butters or.
Peanuts or soynuts or tree nuts or  \1/2\ ounce \9\=50%.........  \3/4\ ounce \9\=50%.........  1 ounce \9\=50%............  1 ounce \9\=50%.
 seeds \8\ or.
Yogurt, plain or flavored,          4 ounces or \1/2\ cup.......  6 ounces or \3/4\ cup.......  8 ounces or 1 cup..........  8 ounces or 1 cup.
 unsweetened or sweetened or an
 equivalent quantity of any
 combination of the above meat/
 meat alternates.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 up to 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 whole grain or enriched; cornbread, biscuits, rolls, muffins, etc., shall be made with
  whole grain or enriched meal or flour.
\5\ Serving sizes and equivalents to be published in guidance materials by FNS.
\6\ Edible portion as served.
\7\ Must meet the requirements in appendix A of this part.
\8\ Tree nuts and seeds that may be used as meat alternates are listed in program guidance.
\9\ 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 purpose of determining combinations, 1 ounce of nuts or seeds is equal to 1 ounce of cooked lean meat, poultry, or fish.

    (3) Supper. The minimum amount of food components to be served as 
supper as set forth in paragraph (a)(3) of this section are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
          Food components                    Age 1 and 2                 Age 3 through 5            Age 6 through 12 \1\          Adult participants
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milk, fluid.......................  \1/2\ cup \2\...............  \3/4\ cup \2\...............  1 cup......................  1 cup.
 

[[Page 12441]]

 
     Vegetables and Fruits \3\
 
Vegetables(s) and/or fruit(s).....  \1/4\cup total..............  \1/2\ cup total.............  \3/4\ cup total............  1 cup total.
 
  Bread and Bread Alternates \4\
 
Bread or..........................  \1/2\ slice.................  \1/2\ slice.................  1 slice....................  2 slices (servings).\5\
Cornbread, biscuits, rolls,         \1/2\ serving...............  \1/2\ serving...............  1 serving..................  2 servings.
 muffins, etc.\5\ or.
Cooked cereal grains or an          \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup..................  1 cup.
 equivalent quantity of any
 combination of bread/bread
 alternate.
 
     Meat and Meat Alternates
 
Lean meat or poultry or fish \6\    1 ounce.....................  1\1/2\ ounces...............  2 ounces...................  2 ounces.
 or.
Alternate protein products \7\ or.  1 ounce.....................  1\1/2\ ounces...............  2 ounces...................  2 ounces.
Cheese or.........................  1 ounce.....................  1\1/2\ ounces...............  2 ounces...................  2 ounces.
Egg (large) or....................  \1/2\.......................  \3/4\.......................  1..........................  1.
Cooked dry beans or peas or.......  \1/4\ cup...................  \3/8\ cup...................  \1/2\ cup..................  \1/2\ cup.
Peanut butter or soynut butter or   2 tablespoons...............  3 tablespoons...............  4 tablespoons..............  4 tablespoons.
 other nut or seed butters or.
Peanuts or soynuts or tree nuts or  \1/2\ ounce \9\=50%.........  \3/4\ ounce \9\=50%.........  1 ounce \9\=50%............  1 ounce \9\=50%.
 seeds \8\ or.
Yogurt, plain or flavored,          4 ounces or \1/2\ cup.......  6 ounces or \3/4\ cup.......  8 ounces or 1 cup..........  8 ounces or 1 cup.
 unsweetened or sweetened or an
 equivalent quantity of any
 combination of the above meat/
 meat alternates.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 up to 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 whole grain or enriched; cornbread, biscuits, rolls, muffins, etc., shall be made with
  whole grain or enriched meal or flour.
\5\ Serving sizes and equivalents to be published in guidance materials by FNS.
\6\ Edible portion as served.
\7\ Must meet the requirements in appendix A of this part.
\8\ Tree nuts and seeds that may be used as meat alternates are listed in program guidance.
\9\ 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 purpose of determining combinations, 1 ounce of nuts or seeds is equal to 1 ounce of cooked lean meat, poultry, or fish.

    (4) Supplemental food. The minimum amount of food components to be 
served as supplemental foods as set forth in paragraph (a)(4) of this 
section are as follows. Select two of the following four components. 
(For children, juice may not be served when milk is served as the only 
other component.)

--------------------------------------------------------------------------------------------------------------------------------------------------------
        Food Components \1\                  Age 1 and 2                 Age 3 through 5            Age 6 through 12 \2\          Adult participants
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milk, fluid.......................  \1/2\ cup...................  \1/2\ cup...................  1 cup......................  1 cup.
       Vegetables and Fruits
 
Vegetables(s) and/or fruit(s) or..  \1/2\ cup...................  \1/2\ cup...................  \3/4\ cup..................  \1/2\ cup.
Full-strength vegetable or fruit    \1/2\ cup...................  \1/2\ cup...................  \3/4\ cup..................  \1/2\ cup.
 juice or an equivalent quantity
 of any combination of
 vegetable(s), fruit(s) and juice.
 
  Bread and Bread Alternates \3\
 
Bread or..........................  \1/2\ slice.................  \1/2\ slice.................  1 slice....................  1 slice (serving).
Cornbread, biscuits, rolls,         \1/2\ serving...............  \1/2\ serving...............  1 serving..................  1 serving.
 muffins, etc \4\ or.
Cold dry cereal or................  \1/4\ cup or \1/3\ ounce....  \1/3\ cup or \1/2\ ounce....  \3/4\ cup or 1 ounce.......  \3/4\ cup or 1 ounce.
Cooked cereal \5\ or..............  \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup..................  \1/2\ cup.
Cooked pasta or noodle products or  \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup..................  \1/2\ cup.
Cooked cereal grains or an          \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup..................  \1/2\ cup.
 equivalent quantity of any
 combination of bread/bread
 alternate.
 
     Meat and Meat Alternates
 
Lean meat or poultry or fish \6\    \1/2\ ounce.................  1\1/2\ ounces...............  2 ounces...................  2 ounces.
 or.
Alternate protein products \7\ or.  \1/2\ ounce.................  1\1/2\ ounces...............  2 ounces...................  2 ounces.
Cheese or.........................  \1/2\ ounce.................  1\1/2\ ounces...............  2 ounces...................  2 ounces.
Egg (large) or....................  \1/2\.......................  \1/2\.......................  \1/2\......................  \1/2\.
Cooked dry beans or peas or.......  \1/8\ cup...................  \1/8\ cup...................  \1/4\ cup..................  \1/4\ cup.
Peanut butter or soynut butter or   1 tablespoon................  1 tablespoon................  2 tablespoons..............  2 tablespoons.
 other nut or seed butters or.
Peanuts or soynuts or tree nuts or  \1/2\ ounce.................  \1/2\ ounce.................  1 ounce....................  1 ounce.
 seeds \8\ or.
Yogurt, plain or flavored,          2 ounces or \1/4\ cup.......  2 ounces or \1/4\ cup.......  4 ounces or \1/2\ cup......  4 ounces or \1/2\ cup.
 unsweetened or sweetened or an
 equivalent quantity of any
 combination of the above meat/
 meat alternates.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For purposes of the requirements outlined in this subsection, a cup means a standard measuring cup.

[[Page 12442]]

 
\2\ 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 up to 12.
\3\ Bread, pasta or noodle products, and cereal grains, shall be whole grain or enriched; cornbread, biscuits, rolls, muffins, etc., shall be made with
  whole grain or enriched meal or flour; cereal shall be whole grain or enriched or fortified.
\4\ Serving sizes and equivalents to be published in guidance materials by FNS.
\5\ Either volume (cup) or weight (ounces) whichever is less.
\6\ Edible portion as served.
\7\ Must meet the requirements in Appendix A of this Part.
\8\ Tree nuts and seeds that may be used as meat alternates are listed in program guidance.

* * * * *

    3. In Sec. 226.26, revise paragraphs (b), (c), (d), and (g) to read 
as follows:


Sec. 226.26  Program information.

* * * * *
    (b) In the States of Delaware, District of Columbia, Maryland, New 
Jersey, Pennsylvania, Puerto Rico, Virginia, Virgin Islands, and West 
Virginia: Mid-Atlantic Regional Office, FNS, U.S. Department of 
Agriculture, 300 Corporate Boulevard, Robbinsville, NJ 08691-1598.
    (c) In the States of Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina, and Tennessee: Southeast 
Regional Office, FNS, U.S. Department of Agriculture, 61 Forsyth 
Street, SW., Room 8T36, Atlanta, GA 30303.
    (d) In the States of Illinois, Indiana, Michigan, Minnesota, Ohio 
and Wisconsin: Midwest Regional Office, FNS, U.S. Department of 
Agriculture, 77 Jackson Boulevard, 20th Floor, Chicago, IL 60604-3507.
* * * * *
    (g) In the States of Alaska, American Samoa, Arizona, California, 
Guam, Hawaii, Idaho, Nevada, Oregon, the Commonwealth of the Northern 
Mariana Islands, and Washington: Western Regional Office, FNS, U.S. 
Department of Agriculture, 550 Kearney Street, Room 400, San Francisco, 
CA 94108.
    3. Revise Appendix A to Part 226, entitled Alternate Foods for 
Meals, to read as follows:

Appendix A to Part 226--Alternate Foods for Meals

Alternate Protein Products

    A. What are the criteria for alternate protein products used in 
the Child and Adult Care Food Program?
    1. An alternate protein product used in meals planned under the 
provisions in Sec. 226.20 must meet all of the criteria in this 
section.
    2. An alternate protein product whether used alone or in 
combination with meat or meat alternate must meet the following 
criteria:
    a. The alternate protein product must be processed so that some 
portion of the non-protein constituents of the food is removed. 
These alternate protein products must be safe and suitable edible 
products produced from plant or animal sources.
    b. The biological quality of the protein in the alternate 
protein product must be at least 80 percent that of casein, 
determined by performing a Protein Digestibility Corrected Amino 
Acid Score (PDCAAS).
    c. The alternate protein product must contain at least 18 
percent protein by weight when fully hydrated or formulated. (``When 
hydrated or formulated'' refers to a dry alternate protein product 
and the amount of water, fat, oil, colors, flavors or any other 
substances which have been added).
    d. Manufacturers supplying an alternate protein product to 
participating schools or institutions must provide documentation 
that the product meets the criteria in paragraphs A.2. through c of 
this appendix.
    e. Manufacturers should provide information on the percent 
protein contained in the dry alternate protein product and on an as 
prepared basis.
    f. For an alternate protein product mix, manufacturers should 
provide information on:
    (1) The amount by weight of dry alternate protein product in the 
package;
    (2) Hydration instructions; and
    (3) Instructions on how to combine the mix with meat or other 
meat alternates.
    B. How are alternate protein products used in the Child and 
Adult Care Food Program?
    1. Schools, institutions, and service institutions may use 
alternate protein products to fulfill all or part of the meat/meat 
alternate component discussed in Sec. 226.20.
    2. The following terms and conditions apply:
    a. The alternate protein product may be used alone or in 
combination with other food ingredients. Examples of combination 
items are beef patties, beef crumbles, pizza topping, meat loaf, 
meat sauce, taco filling, burritos, and tuna salad.
    b. Alternate protein products may be used in the dry form 
(nonhydrated), partially hydrated or fully hydrated form. The 
moisture content of the fully hydrated alternate protein product (if 
prepared from a dry concentrated form) must be such that the mixture 
will have a minimum of 18 percent protein by weight or equivalent 
amount for the dry or partially hydrated form (based on the level 
that would be provided if the product were fully hydrated).
    C. How are commercially prepared products used in the Child and 
Adult Care Food Program?
    Schools, institutions, and service institutions may use a 
commercially prepared meat or meat alternate product combined with 
alternate protein products or use a commercially prepared product 
that contains only alternate protein products.

    Dated: March 2, 2000.
Samuel Chambers, Jr.,
Administrator, Food And Nutrition Service.
[FR Doc. 00-5580 Filed 3-8-00; 8:45 am]
BILLING CODE 3410-30-U