Federal Register, Volume 65 Issue 47 (Thursday, March 9, 2000)

[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.

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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:

[[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:

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\

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:

[[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

(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.)

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