[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Pages 36779-36788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13145]



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  Federal Register / Vol. 67, No. 102 / Tuesday, May 28, 2002 / Rules 
and Regulations  

[[Page 36779]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210, 220, and 226

RIN 0584-AD26


Amendments to the Child Nutrition Infant Meal Pattern

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule.

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

SUMMARY: The Food and Nutrition Service is issuing final regulations 
amending the meal pattern for infants less than 12 months of age in the 
National School Lunch Program, the School Breakfast Program, and the 
Child and Adult Care Food Program. These regulations finalize 
provisions of an interim rule, published on November 15, 1999, which 
eliminated the option of serving whole cow's milk to infants less than 
one year of age, allowed reimbursement for meals containing only 
breastmilk, and amended the Child and Adult Care Food Program's 
definition of infant formula.
    This final rule also incorporates revisions to reflect the comments 
we received to the interim rule, clarifies when an optional food 
component is required under the infant meal pattern, and clarifies 
information in the meal pattern tables that have appeared in two 
previous rulemakings. We have made these changes to ensure that the 
infant meal pattern used in the Child Nutrition Programs conforms to 
current scientific evidence about infant feeding practices, and to 
ensure that all of the information about meal requirements is correct.

EFFECTIVE DATE: June 27, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rothstein, 3101 Park 
Center Drive, Room 640, Alexandria, Virginia 22302; or (703) 305-2590; 
or [email protected]. A regulatory impact analysis was completed 
for this rule. Single copies may be requested from Ms. Rothstein.

SUPPLEMENTARY INFORMATION:

Background

    On November 15, 1999, the Food and Nutrition Service (FNS) 
published an interim rule for comment (64 FR 61770), to update the meal 
requirements for infants less than 12 months of age in the National 
School Lunch Program, the School Breakfast Program, and the Child and 
Adult Care Food Program. The rule recognized well-established 
scientific evidence demonstrating that breastmilk is the optimal source 
of nutrition for infants during the entire first year of life, and that 
the only appropriate alternative to breastmilk is iron-fortified infant 
formula.
    The interim rule eliminated the option of serving whole cow's milk 
to infants less than 12 months of age, so that reimbursable infant 
meals must include either breastmilk or iron-fortified infant formula. 
It allowed reimbursement for meals containing only breastmilk, and 
addressed those situations when some breastfed infants may consume less 
than the minimum serving of breastmilk for their age group. The rule 
also amended the Child and Adult Care Food Program's definition of 
``infant formula'' so that it would conform to the definition used in 
the school meal programs' regulations. These amendments became 
effective on December 15, 1999.
    Technical corrections to the infant meal pattern were published in 
a final rule on December 27, 1999 (64 FR 72257). FNS is now issuing a 
final regulation, based on the evidence described in the interim rule, 
a review of written comments submitted by the public in response to 
that rule, and our operational experience in implementing these 
changes. This final rule discusses the comments we received, and 
codifies the small number of revisions and corrections into 7 CFR 
210.10 of the National School Lunch Program regulations, 7 CFR 220.8 of 
the School Breakfast Program regulations, and 7 CFR 226.20 of the 
regulations for the Child and Adult Care Food Program.
    The infant meal pattern is used in schools, residential child care 
institutions, child care centers, family day care homes, and homeless 
shelters participating in the Child Nutrition Programs. Throughout this 
preamble, the term ``caregiver'' refers to the different types of 
facilities that provide meal services to infants through these 
programs. The term ``Child Nutrition Programs'' refers collectively to 
the National School Lunch Program, the School Breakfast Program, and 
the Child and Adult Care Food Program (CACFP).
    This rule does not directly change the regulations for the Summer 
Food Service Program at 7 CFR part 225. However, [sect] (section) 
225.16(f)(2) of the regulations requires sponsors, approved by their 
State agencies to serve summer meals to infants, to follow the infant 
meal pattern requirements in CACFP regulations.

What Did Commenters Have To Say About the Interim Rule?

    We received a total of 16 written comments, during the 180-day 
comment period which ended on May 15, 2000. The commenters included 
three registered dieticians, two CACFP State directors, two sponsoring 
organization representatives, one independent child care center 
director, and one day care home provider. The majority of them wrote 
that they agreed with the amendments and with the scientific evidence 
described in the interim rule about currently accepted infant feeding 
practices. Some of them raised questions related to eliminating whole 
cow's milk from the infant meal pattern, while others were concerned 
about the decisions we made on allowing reimbursement for breastmilk-
only meals.

What Did Commenters Say About Eliminating Whole Cow's Milk From the 
Infant Meal Pattern?

    The interim rule amended the regulations to eliminate the option of 
serving whole cow's milk to infants less than 12 months of age, so that 
all reimbursable infant meals must include either breastmilk or iron-
fortified infant formula. Five commenters agreed that the rule was an 
appropriate response to studies demonstrating that consumption of cow's 
milk during the first year of life prevents optimal nutrient intake and 
could adversely affect an infant's health.
    One commenter questioned how we could mandate breastmilk or infant 
formula for the entire first year of life, stating that eliminating 
cow's milk as an option interferes with the choices parents make about 
feeding their own infants. Again, the decision to require

[[Page 36780]]

breastmilk or formula is based on scientific evidence that shows that 
whole cow's milk does not provide the appropriate level of nutrients 
needed by very young children. The rule eliminated whole cow's milk 
from the infant meal pattern because it can be detrimental to an 
infant's health and development.

Do We Allow Exceptions for Infants Who Are No Longer Receiving 
Breastmilk or Infant Formula?

    Two commenters wanted us to acknowledge the exceptions that exist 
when doctors recommend whole cow's milk for some infants. We recognize 
that infants have unique dietary needs, and that decisions concerning 
diet, during this first year of life, are for the infant's health care 
provider and parents or guardians to make together.
    For those reasons, program regulations have traditionally allowed 
substitutions to accommodate disabilities and other special dietary 
needs. Thus, a meal containing whole fluid cow's milk and served to an 
infant less than 12 months of age is eligible for reimbursement if the 
substitution is authorized, in writing, by a recognized medical 
authority (physician, physician assistant, nurse practitioner, or other 
professionals specified by the State agency).
    Similarly, if a doctor or other recognized medical authority 
prescribes a formula, such as low-iron formula, which is not currently 
listed as an acceptable formula for the Child Nutrition Programs, the 
meal is eligible for reimbursement. In all cases, a medical statement, 
which explains what substitution of foods is needed, must be completed 
and given to the caregiver to keep on file.
    We also recognize the special circumstances that exist when a one 
year old child is weaning from breastmilk or from infant formula to 
whole cow's milk. When a child is weaned to cow's milk, it is a common 
practice to provide the infant with both foods at the same meal 
service, to gradually ease the infant to accept some of the new food.
    Unlike breastmilk, infant formula is not an alternative type of 
milk which can be substituted to meet the fluid milk requirement for 
the meal pattern or the food-based menu planning alternative for 
children over the age of one year (source: FNS Instruction 783-7, 
Revision 1, ``Milk Requirement-Child Nutrition Programs''). However, 
for a reasonable period of transition--of up to one month--meals that 
contain infant formula may be reimbursable. Thus, for a child older 
than 13 months, a statement from a recognized medical authority is 
needed for a meal containing infant formula to be eligible for 
reimbursement.
    The regulations at [sect][sect] 210.10(g)(1), 220.8(d)(1), and 
226.20(h) specify requirements regarding individual substitutions and 
exceptions for medical or special dietary needs. Because an infant's 
dietary needs are more individualized than those of older children, we 
have added a sentence to the regulations to remind caregivers of the 
requirements when there are exceptions to the meal pattern. 
Accordingly, this final rule amends [sect][sect] 210.10(n)(3), 
210.10(o)(2), 220.8(j)(1), and 226.20(b)(1) to refer caregivers to the 
procedures that must be followed whenever meal pattern exceptions or 
substitutions are needed.

What Did Commenters Say About Allowing Reimbursement for Meals 
Containing Only Breastmilk?

    The interim rule amended the infant meal pattern to allow 
reimbursement for meals served to infants that contain breastmilk, even 
when breastmilk is the only required food component. Eight commenters 
praised FNS for making breastmilk an integral part of the infant meal 
pattern.
    Because breastmilk is easier for infants to digest and is processed 
faster than infant formula, one commenter requested that the number of 
reimbursable meals served to breastfed infants be increased. Although 
we recognize that the number of feedings to expect for an exclusively 
breastfed infant may be more than for a formula-fed infant, we do not 
have statutory authority to change the maximum number of meals 
reimbursed in any of the Child Nutrition Programs.
    Two commenters objected to reimbursing a caregiver for meals 
containing only breastmilk when the facility does not incur any food 
costs. While supporting our efforts to promote breastfeeding, and 
recognizing how breastfeeding improves the nutritional health of 
infants, they argued that a meal should not be reimbursable unless the 
caregiver also offers the infant an additional meal component.
    We disagree. Although there may not be a food cost, a caregiver 
incurs allowable costs related to preparing each bottle of breastmilk 
for feeding, serving it to the infant, and cleaning up after the 
feeding. As long as the caregiver promotes the infant's consumption of 
breastmilk and provides a direct service to the infant during the meal 
service, the regulations allow reimbursement for meals containing only 
breastmilk.

Why Don't We Offer Reimbursement for All Breastmilk Meals, Not Only 
Those Fed From a Bottle?

    The interim rule authorized reimbursement for meals containing 
breastmilk that is bottle-fed by the caregiver. Six of the commenters 
stated that the interim rule created a disincentive for caregivers to 
support mother-child breastfeeding, because it does not allow 
reimbursement for meals fed directly to an infant by the infant's 
nursing mother, unless the nursing mother is the caregiver.
    Again, it is important to remember that the Child Nutrition 
Programs reimburse caregivers for the costs of serving nutritious 
meals--including the costs of preparation and clean up--to infants and 
children enrolled in the food service. We recognize that caregivers 
provide services when they accommodate mothers who come to their 
facilities to nurse their infants. However, we believe that the 
caregiver must not only promote the consumption of breastmilk by the 
infant, but also provide some type of service directly to the infant, 
in order to be reimbursed for the infant's meal.
    When a mother comes to a facility to nurse her breastfed infant, 
the service is performed by the infant's mother. The meal is not 
eligible for reimbursement, because the infant has not received a meal 
component or any direct service from the caregiver. For this reason, 
reimbursable meals that include breastmilk fed directly to an infant by 
the infant's nursing mother must also include at least one component 
supplied by the caregiver. The caregiver must provide all of the food 
components in the meal pattern that are not provided by the parent, to 
receive reimbursement.
    In CACFP, meals are also reimbursable when a family day care home 
provider, who is eligible to claim reimbursement for her own children's 
meals, nurses her own infant. In this example, the provider physically 
serves the meal to a child who receives care in her day care home.
    Accordingly, this final rule amends [sect][sect] 210.10(n)(3), 
210.10(o)(2), 220.8(j)(1), and 226.20(b)(1) regarding the reimbursement 
of meals containing breastmilk or iron-fortified infant formula. It 
clarifies that breastmilk fed directly by the infant's mother, during a 
visit to the facility, contributes to a reimbursable meal only when the 
caregiver supplies at least one component of the infant's meal. It also 
indicates conditions that affect whether or not a meal containing 
infant formula would qualify for reimbursement.

[[Page 36781]]

Is the Meal Reimbursable When an Infant Receives Both Breastmilk and 
Formula at the Same Meal Service?

    Two commenters were concerned about reimbursement of meals that 
include both breastmilk and infant formula. One of the commenters 
recommended that if the parent or guardian supplies less than the 
minimum amount of breastmilk needed for one feeding, all of the 
breastmilk should be offered at the first meal service, and subsequent 
meals during the day would contain only infant formula. This final rule 
permits reimbursement for meals which contain a portion of breastmilk 
and a complementary feeding of formula, as long as the total number of 
ounces offered to the infant meets, or exceeds, the minimum amount for 
the milk component specified in the infant meal pattern.
    Under the infant meal pattern, breastmilk and iron-fortified infant 
formula are interchangeable. We will continue to emphasize the 
desirability of feeding breastmilk in place of infant formula for the 
entire first year of life, in the regulations. However, we have amended 
the infant meal patterns to show that a meal containing both breastmilk 
and infant formula to fulfill the milk component requirement may 
qualify for reimbursement. Accordingly, the meal patterns in 
[sect][sect] 210.10(n), 210.10(o), 220.8(j), and 226.20(b) are amended 
in this final rule to clarify that a serving of the milk component may 
contain breastmilk or iron-fortified infant formula, or portions of 
both.

Do We Need To Update the CACFP Definition of ``Milk?''

    The definition of ``milk'' in [sect] 226.2 of the CACFP regulations 
contains a list of acceptable types of fluid milk that may be served to 
children or adults who receive meals through the Child Nutrition 
Programs. One commenter believed that some varieties, such as flavored 
milk, skim milk, and buttermilk, would not be acceptable under the WIC 
program (Special Supplemental Nutrition Program for Women, Infants and 
Children) and should not be included.
    Some of the varieties of fluid milk may be more appropriate for 
certain age groups, and less appropriate for others. However, our 
definition is consistent with the types of fluid milk currently 
approved as supplemental foods for WIC participants in 7 CFR 246.10, 
the Food and Drug Administration's standard of identity for milk in 21 
CFR part 131, and food labeling guidelines in 21 CFR part 101, Subpart 
A. Therefore, we do not believe any change in the list of fluid milk 
varieties, or in the terms used to describe them, is necessary.

Do We Need To Make Changes in the Definition of ``Infant Cereal?''

    In [sect][sect] 210.10(o)(1)(i), 220.2(k), and 226.2, we define 
``infant cereal'' as an iron-fortified dry cereal that is ``'routinely 
mixed with breastmilk or iron-fortified infant formula prior to 
consumption.'' One commenter felt that caregivers may interpret this 
definition to mean that infant cereal is only reimbursable if it is 
mixed with breastmilk or iron-fortified infant formula.
    The definition that appears in the regulations was not intended to 
limit caregivers to adding only breastmilk or infant formula to infant 
cereal. Fruit juice or water can also be added to give infant cereal an 
appropriate consistency. We are not making any changes in the 
definition of ``infant cereal,'' because we believe it is flexible 
enough to accommodate those variations. However, infant cereal mixed 
with fruit juice should not be served to infants until after the infant 
has tried the juice and has not had any reactions to it. Caregivers 
should be aware that the American Academy of Pediatrics recommends 
waiting until infants are 6 months of age before introducing fruit 
juice into their diet (source: Pediatrics, Vol. 107, No. 5, pp. 1210-
1213).

When Is an Optional Food Component Under the Infant Meal Pattern 
Required as Part of a Reimbursable Meal?

    An issue that generated questions from program participants 
concerned optional components in the infant meal pattern, and how we 
ensure that infants always receive reimbursable meals that are 
appropriate for their stage of development. The introductory text found 
in [sect][sect] 210.10(o)(2), 220.8(j), and 226.20(b) of the 
regulations advises that, ``* * * For infants 4 through 7 months of 
age, solid foods are optional and should be introduced only if the 
infant is developmentally ready * * *.''
    An infant's development does not always match the infant's 
chronological age. By offering a range of portion sizes and optional 
foods, the infant meal pattern acknowledges that infants grow at 
different rates, and that some infants will be developmentally ready 
for solid foods earlier, or later, than others. Some food items, such 
as fruits, vegetables, and cereal, are listed as options in the infant 
meal pattern to take into account an infant's readiness to accept these 
foods. Optional components are included in the breakfast and lunch/
supper meal patterns for infants 4 through 7 months of age, and for the 
supplement (snack) meal pattern for infants 8 through 11 months of age.
    If an infant is developmentally ready for solid foods, and the 
parent or guardian requests that they be served, the solid food 
components must be served to provide the infant with a reimbursable 
meal. Because solid foods serve an important purpose in an infant's 
daily diet, they are required as part of a reimbursable meal for 
infants who are developmentally ready for them. The decision to feed 
specific foods should always be made in consultation with an infant's 
parent or guardian.
    Accordingly, this final rule amends [sect][sect] 210.10(n), 
210.10(o), 220.8(j), and 226.20(b), to clarify that a serving of a 
component is required when the infant is developmentally ready. 
References to ``whenever possible'' are removed from the text to 
emphasize the importance of consulting with the infant's parent or 
guardian on decisions to feed specific foods.

What Else Did Commenters Have To Say?

    One commenter asked about the types of approved infant formulas 
which can be served without medical statements in the Child Nutrition 
Programs. FNS periodically updates a list of acceptable iron-fortified 
infant formulas. Caregivers can request copies of the list from their 
State administering agencies.
    Although a medical statement is not required for iron-fortified 
infant formulas, caregivers should only provide an infant with the 
formula recommended to the infant's parent or guardian by the infant's 
health care provider. If the formula offered by the caregiver is not 
the same as the formula recommended by an infant's health care 
provider, the infant's parent or guardian may choose to decline that 
one and supply another formula.
    Readers are reminded that a meal containing only infant formula 
supplied by a parent or a guardian, and no other component, is not 
reimbursable. We recognize that, as with breastmilk-only meals, the 
formula feeding is fed from a bottle and requires a direct service by 
the caregiver. However, breastmilk-only meals are eligible for 
reimbursement because the meal promotes the infant's consumption of 
breastmilk.
    One commenter also wanted to know what we recommend regarding the 
use of powdered versus ready to feed formula, or of bottled versus tap 
water, or of table versus commercial baby foods, in the Child Nutrition 
Programs. In the near future, FNS intends to publish a new edition of 
Feeding

[[Page 36782]]

Infants'A Guide for Use in the Child Nutrition Programs. This handbook 
will provide guidance to caregivers, with recommendations about good 
infant feeding practices.

What Technical Changes Does This Rule Make?

    The proposed rule entitled, ``Reimbursement for Snacks in 
Afterschool Programs,'' published in the Federal Register on October 
11, 2000 (65 FR 60502), proposed replacing the terms ``supplement,'' 
``meal supplement,'' and ``supplemental food'' with more commonly used 
terms. An earlier rulemaking, the final rule entitled, ``Additional 
Menu Planning Approaches,'' published on May 9, 2000 (65 FR 26904), had 
already incorporated the term ``afterschool snack'' into [sect] 
210.10(o).
    A separate rulemaking will finalize provisions addressing 
afterschool snacks. However, as we revised [sect][sect] 210.10(n)(3) 
and 226.20(b), we adopted the new terminology to simplify and add 
clarity to the infant meal pattern. Accordingly, this final rule 
incorporates the term ``afterschool snack'' into [sect] 210.10(n)(3), 
and incorporates the term ``snack'' into [sect] 226.20(b).
    We have also clarified information in the infant and child care 
meal patterns. In [sect][sect] 210.10(o)(2)(iii)(B) and 
226.20(b)(3)(ii) the meal pattern for infants age 8 through 11 months 
includes 1 to 4 ounces of cottage cheese, cheese food, and cheese 
spread. This rule specifies that cottage cheese is measured by volume, 
and that cheese food and cheese spread are measured by weight. The rule 
also adds a footnote to the supplement meal pattern in [sect] 
226.20(c)(4) to make it clearer that one-half egg meets the required 
minimum amount of meat alternate, even when the minimum amount is less 
than one ounce.
    Finally, we redesignated and reworded the paragraphs in 
[sect][sect] 210.10(n), 210.10(o), 220.8(j), and 226.20(b). The reader 
should keep in mind that we rewrote those paragraphs to conform our 
regulations to the plain language guidelines and the formatting 
requirements of the Office of the Federal Register. With the exception 
of the amendments described in this preamble, we did not intentionally 
revise the content of the interim rule or of existing regulations.

Executive Order 12866

    This final rule was determined to be significant under Executive 
Order 12866 and was reviewed by the Office of Management and Budget.

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.

Federalism Summary Impact Statement

    Executive Order 13132 requires Federal agencies to consider the 
impact of their regulatory actions on State and local governments. 
Where such actions have ``federalism implications,'' agencies are 
directed to provide a statement for inclusion in the preamble to the 
regulation describing the agency's considerations in the three 
categories under section (6)(a)(B) of Executive Order 13132.

Prior Consultation With State Officials

    Prior to drafting this final rule, we received input from State and 
local agencies at various times. Since the Child Nutrition Programs are 
State administered, federally funded programs, our regional offices 
have informal and formal discussions with State and local officials on 
an ongoing basis regarding program implementation and performance. This 
arrangement allows State and local agencies to provide feedback that 
forms the basis for any discretionary decisions in this and other 
program rules. Additionally, the Food and Nutrition Service (FNS) 
published an interim rule on this rulemaking on November 15, 1999 (64 
FR 61770) which solicited additional public comment.

Nature of Concerns and the Need To Issue This Rule

    State and local agencies are generally supportive of the provisions 
in the interim rule. The majority of them agreed with the amendments 
and with the scientific evidence described in the interim rule about 
currently accepted infant feeding practices. Some of them raised 
questions related to eliminating whole cow's milk from the infant meal 
pattern, while others were concerned about the decisions we made on 
allowing reimbursement for breastmilk-only meals.
    FNS is now issuing a final regulation, based on the evidence 
described in the interim rule, a review of written comments submitted 
by the public in response to that rule, and our operational experience 
in implementing these changes. This final rule discusses the comments 
we received, and codifies the small number of revisions and corrections 
into 7 CFR 210.10 of the National School Lunch Program regulations, 7 
CFR 220.8 of the School Breakfast Program regulations, and 7 CFR 226.20 
of the regulations for the Child and Adult Care Food Program.

Extent To Which We Meet These Concerns

    We have considered all of the comments we received on the interim 
rule. Since commenters addressed numerous operational issues, we made 
every effort to address their concerns, within the constraints of 
statutory authority and concerns for program integrity.

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 Under 
Secretary for Food, Nutrition and Consumer Services, Eric M. Bost, has 
certified that this rule will not have a significant economic impact on 
a substantial number of small entities because the number of infants 
who would be affected constitutes a tiny portion of the total 
participation in these programs. The principal effect of this rule will 
be to enhance the nutritional benefit of meals served to infants under 
these programs.

Overall Regulatory Impact

    This rule will improve nutrition for some older infants who 
formerly were served whole cow's milk. The rule also removes a previous 
disincentive to serving breastmilk and reduces the waste of breastmilk. 
The rule may also encourage exclusive breastfeeding and increased 
duration of breastfeeding, consistent with recommended

[[Page 36783]]

nutritional practice. Finally, this rule will help ensure that infants 
who are developmentally ready for solid foods will receive them at an 
appropriate age. Because this regulation largely reflects current 
policy from interim final rules published in November and December of 
1999, it is not a major rule (economic impact of $100 million or more 
in any one year.)

Executive Order 12372

    The National School Lunch Program, the School Breakfast Program, 
and the Child and Adult Care Food Program are listed in the Catalog of 
Federal Domestic Assistance under Nos. 10.555, 10.553 and 10.558, 
respectively. Each is subject to the provisions of Executive Order 
12372 which requires intergovernmental consultation with State and 
local officials (7 CFR 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 
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.
    In the National School Lunch Program and the 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 in [sect] 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 
in [sect] 210.29(d)(3); and (3) State agency appeals of State 
Administrative Expense fund sanctions ([sect] 235.11(b)) must follow 
the FNS Administrative Review process as established in [sect] 
235.11(f).
    In the Child and Adult Care Food Program, the administrative 
procedures are set forth under the following regulations: (1) 
Institution appeal procedures are established in [sect] 226.6(k); and 
(2) disputes involving procurement by State agencies and institutions 
must follow administrative appeal procedures to the extent required by 
[sect] 226.22 and 7 CFR part 3015.

Paperwork Reduction Act of 1995

    The information collection burden for this rule is approved under 
OMB Numbers 0584-0006, 0584-0012, and 0584-0055. 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 220

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

7 CFR Part 226

    Accounting, Aged, Day care, Food assistance programs, Grant 
programs, Grant programs-health, Indians, Individuals with 
disabilities, Infants and children, Intergovernmental relations, Loan 
programs, Reporting and recordkeeping requirements, Surplus 
agricultural commodities.

    Accordingly, the interim rule amending 7 CFR parts 210, 220, and 
226 which was published at 64 FR 61770 on November 15, 1999, is adopted 
as a final rule with the following changes:

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 [sect] 210.10:
    a. Paragraph (n)(3) and the Supplements for Infants chart in 
paragraph (n)(4) are revised; and
    b. Paragraph (o)(2) is revised and paragraphs (o)(3) through (o)(6) 
are added.
    The revisions and additions read as follows:


[sect] 210.10  What are the nutrition standards and menu planning 
approaches for lunches and the requirements for afterschool snacks?

* * * * *
    (n) * * *
    (3) Snacks served to infants ages birth through 11 months must meet 
the requirements described in paragraph (n)(3)(iv) of this section. 
Foods included in the snack must be of a texture and a consistency that 
are appropriate for the age of the infant being served. The foods must 
be served during a span of time consistent with the infant's eating 
habits. For those infants whose dietary needs are more individualized, 
exceptions to the meal pattern must be made in accordance with the 
requirements found in paragraph (g)(1) of this section.
    (i) Breastmilk and iron-fortified formula. Either breastmilk or 
iron-fortified infant formula, or portions of both, must be served for 
the entire first year. Snacks containing breastmilk and snacks 
containing iron-fortified infant formula supplied by the school are 
eligible for reimbursement. However, infant formula provided by a 
parent (or guardian) and breastmilk fed directly by the infant's 
mother, during a visit to the school, contribute to a reimbursable 
snack only when the school supplies at least one component of the 
infant's snack.
    (ii) Fruit juice. Juice should not be offered to infants until they 
are 6 months of age and ready to drink from a cup. Feeding fruit juice 
only from a cup will help develop behaviors that may prevent early 
childhood caries. Fruit juice served as part of the meal pattern for 
infants 8 through 11 months must be full-strength.
    (iii) Solid foods. Solid foods of an appropriate texture and 
consistency are required only when the infant is developmentally ready 
to accept them. The school should consult with the infant's parent (or 
guardian) in making the decision to introduce solid foods. Solid foods 
should be introduced one at a time, on a gradual basis, with the intent 
of ensuring the infant's health and nutritional well-being.
    (iv) Infant meal pattern. Infant snacks must have, at a minimum, 
breastmilk or iron-fortified infant formula, or portions of both, in 
the appropriate amount indicated for the infant's age. For some 
breastfed infants who regularly consume less than the minimum amount of 
breastmilk per feeding, a serving of less than the minimum amount of 
breastmilk may be offered. In these situations, additional breastmilk 
must be offered if the infant is still hungry. Some infants may be 
developmentally ready to accept

[[Page 36784]]

an additional food component. Snacks are reimbursable when schools 
provide all of the components in the meal pattern that the infant is 
developmentally ready to accept.
    (A) Birth through 3 months. 4 to 6 fluid ounces of breastmilk or 
iron-fortified infant formula--only breastmilk or iron-fortified 
formula is required to meet the infant's nutritional needs.
    (B) 4 through 7 months. 4 to 6 fluid ounces of breastmilk or iron-
fortified infant formula--only breastmilk or iron-fortified formula is 
required to meet the infant's nutritional needs.
    (C) 8 through 11 months. 2 to 4 fluid ounces of breastmilk, iron-
fortified infant formula, or full strength fruit juice; and 0 to \1/2\ 
slice of crusty bread (if developmentally ready) or 0 to 2 cracker type 
products (if developmentally ready), which are made from whole-grain or 
enriched meal or flour, and suitable as a finger food for an infant.
    (4) * * *

                        Snack Pattern for Infants
------------------------------------------------------------------------
                                   4 through through     8 through 11
     Birth through 3 months            7 months             months
------------------------------------------------------------------------
4-6 fluid ounces of formula \1\   4-6 fluid ounces    2-4 fluid ounces
 or breastmilk \2\ \3\.            of formula \1\ or   of formula \1\,
                                   breastmilk \2\      breastmilk \2\
                                   \3\.                \3\, or fruit
                                                       juice \4\; and
                                                      0-\1/2\ slice of
                                                       bread \5\ or 0-2
                                                       crackers \5\.
------------------------------------------------------------------------
\1\ Infant formula must be iron-fortified.
\2\ Breastmilk or iron-fortified formula, or portions of both, may be
  served; however, it is recommended that breastmilk be served in place
  of formula from birth through 11 months.
\3\ For some breastfed infants who regularly consume less than the
  minimum amount of breastmilk per feeding, a serving of less than the
  minimum amount of breastmilk may be offered, with additional
  breastmilk offered if the infant is still hungry.
\4\ Fruit juice must be full-strength.
\5\ A serving of this component must be made from whole-grain or
  enriched meal or flour. It is required only when the infant is
  developmentally ready to accept it.

    (o) * * *
    (2) Feeding lunches to infants. Lunches served to infants ages 
birth through 11 months must meet the requirements described in 
paragraph (o)(5) of this section. Foods included in the lunch must be 
of a texture and a consistency that are appropriate for the age of the 
infant being served. The foods must be served during a span of time 
consistent with the infant's eating habits. For those infants whose 
dietary needs are more individualized, exceptions to the meal pattern 
must be made in accordance with the requirements found in paragraph 
(g)(1) of this section.
    (3) Breastmilk and iron-fortified formula. Either breastmilk or 
iron-fortified infant formula, or portions of both, must be served for 
the entire first year. Meals containing breastmilk and meals containing 
iron-fortified infant formula supplied by the school are eligible for 
reimbursement. However, infant formula provided by a parent (or 
guardian) and breastmilk fed directly by the infant's mother, during a 
visit to the school, contribute to a reimbursable lunch only when the 
school supplies at least one component of the infant's meal.
    (4) Solid foods. For infants ages 4 through 7 months, solid foods 
of an appropriate texture and consistency are required only when the 
infant is developmentally ready to accept them. The school should 
consult with the infant's parent (or guardian) in making the decision 
to introduce solid foods. Solid foods should be introduced one at a 
time, on a gradual basis, with the intent of ensuring the infant's 
health and nutritional well-being.
    (5) Infant meal pattern. Infant lunches must have, at a minimum, 
each of the food components indicated, in the amount that is 
appropriate for the infant's age. For some breastfed infants who 
regularly consume less than the minimum amount of breastmilk per 
feeding, a serving of less than the minimum amount of breastmilk may be 
offered. In these situations, additional breastmilk must be offered if 
the infant is still hungry. Lunches may include portions of breastmilk 
and iron-fortified infant formula as long as the total number of ounces 
meets, or exceeds, the minimum amount required of this food component. 
Similarly, to meet the component requirements for vegetables and fruit, 
portions of both may be served.
    (i) Birth through 3 months. 4 to 6 fluid ounces of breastmilk or 
iron-fortified infant formula--only breastmilk or iron-fortified 
formula is required to meet the infant's nutritional needs.
    (ii) 4 through 7 months. Breastmilk or iron-fortified formula is 
required. Some infants may be developmentally ready for solid foods of 
an appropriate texture and consistency. Lunches are reimbursable when 
schools provide all of the components in the meal pattern that the 
infant is developmentally ready to accept.
    (A) 4 to 8 fluid ounces of breastmilk or iron-fortified infant 
formula; and
    (B) 0 to 3 tablespoons of iron-fortified dry infant cereal; and
    (C) 0 to 3 tablespoons of fruit or vegetable.
    (iii) 8 through 11 months. Breastmilk or iron-fortified formula and 
solid foods of an appropriate texture and consistency are required.
    (A) 6 to 8 fluid ounces of breastmilk or iron-fortified infant 
formula; and
    (B) 2 to 4 tablespoons of iron-fortified dry infant cereal; and/or 
1 to 4 tablespoons of meat, fish, poultry, egg yolk, or cooked dry 
beans or peas; or \1/2\ to 2 ounces (weight) of cheese; or 1 to 4 
ounces (volume) of cottage cheese; or 1 to 4 ounces (weight) of cheese 
food or cheese spread; and
    (C) 1 to 4 tablespoons of fruit or vegetable.
    (6) Infant meal pattern table. The minimum amounts of food 
components to serve to infants, as described in paragraph (o)(5) of 
this section, are:

[[Page 36785]]



                        Lunch Pattern for Infants
------------------------------------------------------------------------
   Birth through 3 months      4 through 7 months    8 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces of formula1  4-8 fluid ounces of   6-8 fluid ounces of
 or breastmilk 2 3.            formula1 or           formula 1 or
                               breastmilk2 3; and    breastmilk 2 3; and
                              0-3 tablespoons of    2-4 tablespoons of
                               infant cereal 1 4;    infant cereal1; and/
                               and.                  or
                              0-3 tablespoons of    1-4 tablespoons of
                               fruit or vegetable    meat, fish,
                               or both 4.            poultry, egg yolk,
                                                     cooked dry beans or
                                                     peas; or
                                                    \1/2\-2 ounces of
                                                     cheese; or
                                                    1-4 ounces (volume)
                                                     of cottage cheese;
                                                     or
                                                    1-4 ounces (weight)
                                                     of cheese food or
                                                     cheese spread; and
                                                    1-4 tablespoons of
                                                     fruit or vegetable
                                                     or both.
------------------------------------------------------------------------
1 Infant formula and dry infant cereal must be iron-fortified.
2 Breastmilk or formula, or portions of both, may be served; however, it
  is recommended that breastmilk be served in place of formula from
  birth through 11 months.
3 For some breastfed infants who regularly consume less than the minimum
  amount of breastmilk per feeding, a serving of less than the minimum
  amount of breastmilk may be offered, with additional breastmilk
  offered if the infant is still hungry.
4 A serving of this component is required only when the infant is
  developmentally ready to accept it.

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 [sect] 220.8, paragraph (j) is revised to read as follows:


[sect] 220.8  What are the nutrition standards and menu planning 
approaches for breakfasts?

* * * * *
    (j) What are the requirements for the infant breakfast pattern?
    (1) Feeding breakfasts to infants. Breakfasts served to infants 
ages birth through 11 months must meet the requirements described in 
paragraph (j)(4) of this section. Foods included in the breakfast must 
be of a texture and a consistency that are appropriate for the age of 
the infant being served. The foods must be served during a span of time 
consistent with the infant's eating habits. For those infants whose 
dietary needs are more individualized, exceptions to the meal pattern 
must be made in accordance with the requirements found in paragraph 
(d)(1) of this section.
    (2) Breastmilk and iron-fortified formula. Either breastmilk or 
iron-fortified infant formula, or portions of both, must be served for 
the entire first year. Meals containing breastmilk and meals containing 
iron-fortified infant formula supplied by the school are eligible for 
reimbursement. However, infant formula provided by a parent (or 
guardian) and breastmilk fed directly by the infant's mother, during a 
visit to the school, contribute to a reimbursable breakfast only when 
the school supplies at least one component of the infant's meal.
    (3) Solid foods. For infants ages 4 through 7 months, solid foods 
of an appropriate texture and consistency are required only when the 
infant is developmentally ready to accept them. The school should 
consult with the infant's parent (or guardian) in making the decision 
to introduce solid foods. Solid foods should be introduced one at a 
time, on a gradual basis, with the intent of ensuring the infant's 
health and nutritional well-being.
    (4) Infant meal pattern. Infant breakfasts must have, at a minimum, 
each of the food components indicated, in the amount that is 
appropriate for the infant's age. For some breastfed infants who 
regularly consume less than the minimum amount of breastmilk per 
feeding, a serving of less than the minimum amount of breastmilk may be 
offered. In these situations, additional breastmilk must be offered if 
the infant is still hungry. Breakfasts may include portions of 
breastmilk and iron-fortified infant formula as long as the total 
number of ounces meets, or exceeds, the minimum amount required of this 
food component. Similarly, to meet the component requirement for 
vegetables and fruit, portions of both may be served.
    (i) Birth through 3 months. 4 to 6 fluid ounces of breastmilk or 
iron-fortified infant formula--only breastmilk or iron-fortified 
formula is required to meet the infant's nutritional needs.
    (ii) 4 through 7 months. Breastmilk or iron-fortified formula is 
required. Some infants may be developmentally ready for solid foods of 
an appropriate texture and consistency. Breakfasts are reimbursable 
when schools provide all of the components in the meal pattern that the 
infant is developmentally ready to accept.
    (A) 4 to 8 fluid ounces of breastmilk or iron-fortified infant 
formula; and
    (B) 0 to 3 tablespoons of iron-fortified dry infant cereal.
    (iii) 8 through 11 months. Breastmilk or iron-fortified formula and 
solid foods of an appropriate texture and consistency are required.
    (A) 6 to 8 fluid ounces of breastmilk or iron-fortified infant 
formula; and
    (B) 2 to 4 tablespoons of iron-fortified dry infant cereal; and
    (C) 1 to 4 tablespoons of fruit or vegetable.
    (5) Infant meal pattern table. The minimum amounts of food 
components to serve to infants, as described in paragraph (j)(4) of 
this section, are:

                      Breakfast Pattern for Infants
------------------------------------------------------------------------
                                                         8 through 11
     Birth through 3 months       4 through 7 months        months
------------------------------------------------------------------------
4-6 fluid ounces of formula \1\   4-8 fluid ounces    6-8 fluid ounces
 or breastmilk 2 3.                of formula \1\ or   of formula \1\ or
                                   breastmilk 2 3;     breastmilk 2 3;
                                   and.                and
                                  0-3 tablespoons of  2-4 tablespoons of
                                   infant cereal 1 4.  infant cereal
                                                       \1\; and
                                                      1-4 tablespoons of
                                                       fruit or
                                                       vegetable or
                                                       both.
------------------------------------------------------------------------
\1\ Infant formula and dry infant cereal must be iron-fortified.

[[Page 36786]]

 
\2\ Breastmilk or formula, or portions of both, may be served; however,
  it is recommended that breastmilk be served in place of formula from
  birth through 11 months.
\3\ For some breastfed infants who regularly consume less than the
  minimum amount of breastmilk per feeding, a serving of less than the
  minimum amount of breastmilk may be offered, with additional
  breastmilk offered if the infant is still hungry.
\4\ A serving of this component is required only when the infant is
  developmentally ready to accept it.

* * * * *

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 [sect] 226.20, paragraphs (b) and (c)(4) are revised to read 
as follows:


[sect] 226.20  Requirements for meals.

* * * * *
    (b) What are the requirements for the infant meal pattern?
    (1) Feeding meals to infants. Meals served to infants ages birth 
through 11 months must meet the requirements described in paragraph 
(b)(6) of this section. Foods included in the infant meal must be of a 
texture and a consistency that are appropriate for the age of the 
infant being served. The foods must be served during a span of time 
consistent with the infant's eating habits. For those infants whose 
dietary needs are more individualized, exceptions to the meal pattern 
must be made in accordance with the requirements found in paragraph (h) 
of this section.
    (2) Breastmilk and iron-fortified formula. Either breastmilk or 
iron-fortified infant formula, or portions of both, must be served for 
the entire first year. Meals containing breastmilk and meals containing 
iron-fortified infant formula supplied by the facility are eligible for 
reimbursement. However, infant formula provided by a parent (or 
guardian) and breastmilk fed directly by the infant's mother, during a 
visit to the facility, contribute to a reimbursable meal only when the 
facility supplies at least one component of the infant's meal.
    (3) Fruit juice. Juice should not be offered to infants until they 
are 6 months of age and ready to drink from a cup. Feeding fruit juice 
only from a cup will help develop behaviors that may prevent early 
childhood caries. Fruit juice served as part of the meal pattern for 
infants 8 through 11 months must be full-strength.
    (4) Solid foods. Solid foods of an appropriate texture and 
consistency are required only when the infant is developmentally ready 
to accept them. The facility should consult with the infant's parent 
(or guardian) in making the decision to introduce solid foods. Solid 
foods should be introduced one at a time on a gradual basis with the 
intent of ensuring the infant's health and nutritional well-being.
    (5) Infant meal pattern. Infant meals must have, at a minimum, each 
of the food components indicated, in the amount that is appropriate for 
the infant's age. For some breastfed infants who regularly consume less 
than the minimum amount of breastmilk per feeding, a serving of less 
than the minimum amount of breastmilk may be offered. In these 
situations, additional breastmilk must be offered if the infant is 
still hungry. Meals may include portions of breastmilk and iron-
fortified infant formula as long as the total number of ounces meets, 
or exceeds, the minimum amount required of this food component. 
Similarly, to meet the component requirements for vegetables and fruit, 
portions of both may be served.
    (i) Birth through 3 months. Only breastmilk or iron-fortified 
formula is required to meet the infant's nutritional needs.
    (A) Breakfast--4 to 6 fluid ounces of breastmilk or iron-fortified 
infant formula.
    (B) Lunch or supper--4 to 6 fluid ounces of breastmilk or iron-
fortified infant formula.
    (C) Snack--4 to 6 fluid ounces of breastmilk or iron-fortified 
infant formula.
    (ii) 4 through 7 months. Breastmilk or iron-fortified formula is 
required. Some infants may be developmentally ready for solid foods of 
an appropriate texture and consistency. Meals are reimbursable when 
facilities provide all of the components in the meal pattern that the 
infant is developmentally ready to accept.
    (A) Breakfast--4 to 8 fluid ounces of breastmilk or iron-fortified 
infant formula; and 0 to 3 tablespoons of iron-fortified dry infant 
cereal.
    (B) Lunch or supper--4 to 8 fluid ounces of breastmilk or iron-
fortified infant formula; and 0 to 3 tablespoons of iron-fortified dry 
infant cereal; and 0 to 3 tablespoons of fruit or vegetable.
    (C) Snack--4 to 6 fluid ounces of breastmilk or iron-fortified 
infant formula.
    (iii) 8 through 11 months. Breastmilk or iron-fortified formula and 
solid foods of an appropriate texture and consistency are required. 
Meals are reimbursable when facilities provide all of the components in 
the meal pattern that the infant is developmentally ready to accept.
    (A) Breakfast--6 to 8 fluid ounces of breastmilk or iron-fortified 
infant formula; 2 to 4 tablespoons of iron-fortified dry infant cereal; 
and 1 to 4 tablespoons of fruit or vegetable.
    (B) Lunch or supper--6 to 8 fluid ounces of breastmilk or iron-
fortified infant formula; 2 to 4 tablespoons of iron-fortified dry 
infant cereal; and/or 1 to 4 tablespoons of meat, fish, poultry, egg 
yolk, or cooked dry beans or peas; or \1/2\ to 2 ounces (weight) of 
cheese; or 1 to 4 ounces (volume) of cottage cheese; or 1 to 4 ounces 
(weight) of cheese food or cheese spread; and 1 to 4 tablespoons of 
fruit or vegetable.
    (C) Snack--2 to 4 fluid ounces of breastmilk, iron-fortified infant 
formula, or full strength fruit juice; and 0 to \1/2\ slice of crusty 
bread (if developmentally ready) or 0 to 2 cracker type products (if 
developmentally ready), which are made from whole-grain or enriched 
meal or flour, and suitable as a finger food for an infant.
    (6) Infant meal pattern table. The minimum amounts of food 
components to serve to infants, as described in paragraph (b)(5) of 
this section, are:

[[Page 36787]]



                                         Child Care Infant Meal Pattern
----------------------------------------------------------------------------------------------------------------
         Type of meal service           Birth through 3 months     4 through 7 months      8 through 11 months
----------------------------------------------------------------------------------------------------------------
Breakfast............................  4-6 fluid ounces of      4-8 fluid ounces of      6-8 fluid ounces of
                                        formula\1\ or            formula\1\ or            formula\1\ or
                                        breastmilk \2\ \3\.      breastmilk\2\ \3\; and.  breastmilk\2\ \3\; and
                                                                0-3 tablespoons of       2-4 tablespoons of
                                                                 infant cereal\1\ \4\.    infant cereal \1\; and
                                                                                         1-4 tablespoons of
                                                                                          fruit or vegetable or
                                                                                          both.
Lunch or Supper......................  4-6 fluid ounces of      4-8 fluid ounces of      6-8 fluid ounces of
                                        formula\1\ or            formula\1\ or            formula\1\ or
                                        breastmilk\2\ \3\.       breastmilk\2\ \3\; and.  breastmilk\2\ \3\; and
                                                                0-3 tablespoons of       2-4 tablespoons of
                                                                 infant cereal \1\ \4\;   infant cereal \1\; and/
                                                                 and.                     or
                                                                0-3 tablespoons of       1-4 tablespoons of
                                                                 fruit or vegetable or    meat, fish, poultry,
                                                                 both \4\.                egg yolk, cooked dry
                                                                                          beans or peas; or
                                                                                         \1/2\-2 ounces of
                                                                                          cheese; or
                                                                                         1-4 ounces (volume) of
                                                                                          cottage cheese; or
                                                                                         1-4 ounces (weight) of
                                                                                          cheese food or cheese
                                                                                          spread; and
                                                                                         1-4 tablespoons of
                                                                                          fruit or vegetable or
                                                                                          both.
Snack................................  4-6 fluid ounces of      4-6 fluid ounces of      2-4 fluid ounces of
                                        formula\1\ or            formula\1\ or            formula\1\,
                                        breastmilk\2\ \3\.       breastmilk\2\ \3\.       breastmilk\2\ \3\, or
                                                                                          fruit juice\5\; and
                                                                                         0-\1/2\ slice of
                                                                                          bread\4\ \6\ or 0-2
                                                                                          crackers\4\ \6\.
----------------------------------------------------------------------------------------------------------------
\1\ Infant formula and dry infant cereal must be iron-fortified.
\2\ Breastmilk or formula, or portions of both, may be served; however, it is recommended that breastmilk be
  served in place of formula from birth through 11 months.
\3\ For some breastfed infants who regularly consume less than the minimum amount of breastmilk per feeding, a
  serving of less than the minimum amount of breastmilk may be offered, with additional breastmilk offered if
  the infant is still hungry.
\4\ A serving of this component is required only when the infant is developmentally ready to accept it.
\5\ Fruit juice must be full-strength.
\6\ A serving of this component must be made from whole-grain or enriched meal or flour.

* * * * *
    (c) * * *
    (4) Snack. The minimum amounts of food components to be served as 
snack as set forth in paragraph (a)(4) of this section are as follow. 
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                   Age 1 and 2                 Age 3 through 5            Age 6 through 12 \1\         Adult participants \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          MILK
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milk, fluid.....................  \1/2\ cup \2\...............  \1/2\ cup...................  1 cup.......................  1 cup.
---------------------------------
                                                                  VEGETABLES AND FRUIT
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vegetable(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 \5\.............  \1/4\ cup or................  \1/3\ cup or................  \3/4\ cup or................  \3/4\ cup or.
                                  \1/3\ ounce.................  \1/2\ ounce.................  1 ounce.....................  1 ounce.
Cooked pasta or noodle products   \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup...................  \1/2\ cup.
 or.
Cooked cereal or grains or an     \1/4\ cup...................  \1/4\ cup...................  \1/2\ cup...................  \1/2\ cup.
 equivalent quantity of any
 combination of bread/bread
 alternates.
---------------------------------
                                                                MEAT AND MEAT ALTERNATES
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lean meat or poultry or fish \6\  \1/2\ ounce.................  \1/2\ ounce.................  1 ounce.....................  1 ounce.
 or.
Alternate protein products \7\    \1/2\ ounce.................  \1/2\ ounce.................  1 ounce.....................  1 ounce.
 or.
Cheese or.......................  \1/2\ ounce.................  \1/2\ ounce.................  1 ounce.....................  1ounce.
Egg (large) \8\ or..............  \1/2\ egg...................  \1/2\ egg...................  \1/2\ egg...................  \1/2\ egg.
Cooked dry beans or peas or.....  \1/8\ cup...................  \1/8\ cup...................  \1/4\ cup...................  \1/4\ cup.
Peanut butter or soynut butter    1 tablespoon................  1 tablespoon................  2 tablespoons...............  2 tablespoons.
 or other nut or seed butters or.

[[Page 36788]]

 
Peanuts or soynuts or tree nuts   \1/2\ ounce.................  \1/2\ ounce.................  1 ounce.....................  1 ounce.
 or seeds \9\ 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 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\ 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 size and equivalents to be published in guidance materials by FNS.
\5\ Either volume (cup) or weight (ounce), whichever is less.
\6\ Edible portion as served.
\7\ Must meet the requirements in Appendix A of this part.
\8\ One-half egg meets the required minimum amount (one ounce or less) of meat alternate.
\9\ Tree nuts and seeds that may be used as meat alternates are listed in program guidance.

* * * * *

    Dated: May 17, 2002.
Eric M. Bost,
Under Secretary for Food, Nutrition and Consumer Services.
[FR Doc. 02-13145 Filed 5-24-02; 8:45 am]
BILLING CODE 3410-30-U