[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75671-75683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26339]



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 Rules and Regulations
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  Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / 
Rules and Regulations  

[[Page 75671]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210, 220, and 226

[FNS-2011-0029]
RIN 0584-AE18


Child and Adult Care Food Program: Meal Pattern Revisions Related 
to the Healthy, Hunger-Free Kids Act of 2010; Corrections

AGENCY: Food and Nutrition Service, USDA.

ACTION: Correcting amendments.

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

SUMMARY: This document contains technical corrections to the final rule 
published in the Federal Register on April 25, 2016, ``Child and Adult 
Care Food Program: Meal Pattern Revisions Related to the Healthy, 
Hunger-Free Kids Act of 2010.''

DATES: This document is effective November 1, 2016. Compliance with the 
provisions of this rule must begin October 1, 2017 except as otherwise 
noted in the final rule.

FOR FURTHER INFORMATION CONTACT: Andrea Farmer or Laura Carroll, Policy 
and Program Development Division, Child Nutrition Programs, Food and 
Nutrition Service, U.S. Department of Agriculture, 3101 Park Center 
Drive, Room 1206, Alexandria, Virginia 22302-1594; 703-305-2590.

SUPPLEMENTARY INFORMATION: The Food and Nutrition Service (FNS) 
published a final rule in the Federal Register, 81 FR 24348, on April 
25, 2016, to update the meal pattern requirements for the Child and 
Adult Care Food Program and extended several of the changes to the 
National School Lunch Program, School Breakfast Program, and Special 
Milk Program. The final rule included typographical errors in 7 CFR 
210.10(a)(1)(i), 220.8(a)(1), 220.8(o)(1), and 220.8(p)(1), the 
incorrect information for the serving size of yogurt in the infant meal 
pattern that appears in 7 CFR 210.10(q)(2), 220.8(p)(2), 
226.20(b)(4)(ii)(A) and 226.20(b)(5), and a technical error for offer 
versus serve in 7 CFR 226.20(o). In addition, FNS is correcting the 
breakfast cereal sugar limit. The final rule provided a sugar limit of 
no more than 6 grams of sugar per dry ounce (no more than 21 grams 
sucrose and other sugars per 100 grams of dry cereal). The intent of 
that limit was to be consistent with the Special Supplemental Nutrition 
Program for Woman, Infants, and Children (WIC). However, due to 
rounding, the breakfast cereal sugar limit in the final rule that 
appears in 7 CFR 210.10(o)(3)(ii), 210.10(o)(4)(ii), 210.10(p)(2), 
220.8(o)(2), 226.20(a)(4)(ii), 226.20(b)(5), and 226.20(c)(1) through 
226.20(c)(3) is inconsistent with WIC's breakfast cereal sugar limit of 
no more 21.2 grams of sucrose and other sugars per 100 grams of dry 
cereal. This correction amends the breakfast cereal sugar limit to 
align with WIC's breakfast cereal sugar limit and corrects the other 
errors described above. Note that the Special Milk Program regulations 
at 7 CFR part 215 were amended in the final rule, but no technical 
corrections are necessary in this amendment.

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

    Grant programs--education, Grant programs--health, Infants and 
children, Nutrition, Reporting and recordkeeping requirements, School 
breakfast and lunch programs.

7 CFR Part 226

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

    Accordingly, 7 CFR parts 210, 220, and 226 are corrected by making 
the following correcting amendments:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

0
1. The authority citation for part 210 continues to read as follows:

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

0
2. In Sec.  210.10:
0
a. Revise the fourth sentence in paragraph (a)(1)(i);
0
b. Revise the table in paragraph (o)(3)(ii);
0
c. Revise the table in paragraph (o)(4)(ii);
0
d. Revise the table in paragraph (p)(2); and
0
e. Revise the table in paragraph (q)(2).
    The revisions read as follows:


Sec.  210.10  Meal requirements for lunches and requirements for 
afterschool snacks.

    (a) * * *
    (1) * * *
    (i) * * * Schools offering lunches to children ages 1 through 4 and 
infants must meet the meal pattern requirements in paragraphs (p) and 
(q), as applicable, of this section. * * *
* * * * *
    (o) * * *
    (3) * * *
    (ii) * * *

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[GRAPHIC] [TIFF OMITTED] TR01NO16.140


    (4) * * *
    (ii) * * *


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[GRAPHIC] [TIFF OMITTED] TR01NO16.141


    (p) * * *
    (2) * * *
    (q) * * *
    (2) * * *


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[GRAPHIC] [TIFF OMITTED] TR01NO16.143


PART 220--SCHOOL BREAKFAST PROGRAM

0
3. The authority citation for part 220 continues to read as follows:

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


0
4. In Sec.  220.8:
0
a. Revise the fourth sentence in paragraph (a)(1).
0
b. Revise paragraph (o)(1);
0
c. Revise the table in paragraph (o)(2);
0
d. Revise paragraph (p)(1); and
0
e. Revise the table in paragraph (p)(2).
    The revisions read as follows:


Sec.  220.8  Meal requirements for breakfasts.

    (a) * * *
    (1) * * * Schools offering breakfasts to children ages 1 to 4 and 
infants must meet the meal pattern requirements in paragraphs (o) and 
(p), as applicable, of this section. * * *
* * * * *
    (o) * * *
    (1) Breakfasts served to preschoolers. Schools serving breakfast to 
children ages 1 through 4 under the School Breakfast Program must serve 
the meal components and quantities required in the breakfast meal 
pattern established for the Child and Adult Care Food Program under 
Sec.  226.20(a), (c)(1), and (d) of this chapter. In addition, schools 
serving breakfasts to this age group must comply with the requirements 
set forth in paragraphs (a), (c)(3), (g), (k), (l), and (m) of this 
section as applicable.

[[Page 75676]]

    (2) * * *

    [GRAPHIC] [TIFF OMITTED] TR01NO16.144
    

    (p) * * *
    (1) Breakfasts served to infants. Schools serving breakfasts to 
infants ages birth through 11 months under the School Breakfast Program 
must serve the food components and quantities required in the breakfast 
meal pattern established for the Child and Adult Care Food Program, 
under Sec.  226.20(a), (b), and (d) of this chapter. In addition, 
schools serving breakfasts to infants must comply with the requirements 
set forth in paragraphs (a), (c)(3), (g), (k), (l), and (m) of this 
section as applicable.
    (2) * * *


[[Page 75677]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.145


PART 226--CHILD AND ADULT CARE FOOD PROGRAM

0
5. The authority citation for part 226 continues to read as follows:

    Authority: Secs. 9, 11, 14, 16, and 17, Richard B. Russell 
National School Lunch Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 
1765 and 1766).


0
6. In Sec.  226.20:
0
a. Revise the second sentence in paragraph (a)(4)(ii);
0
b. Amend the first sentence in paragraph (b)(4)(ii)(A) by removing the 
words ``0 to 8 ounces'' and adding in their place the words ``0 to 4 
ounces'';
0
c. Revise the table in paragraph (b)(5);
0
d. Revise the table in paragraph (c)(1);
0
e. Revise the table in paragraph (c)(2);
0
f. Revise the table in paragraph (c)(3); and
0
g. Revise paragraph (o).
    The revisions read as follows:


Sec.  226.20  Requirements for meals.

    (a) * * *
    (4) * * *
    (ii) * * * Breakfast cereals must contain no more than 6 grams of 
sugar per dry ounce (no more than 21.2 grams sucrose and other sugars 
per 100 grams of dry cereal).
* * * * *
    (b) * * *
    (5) * * *


[[Page 75678]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.146


    (c) * * *
    (1) * * *


[[Page 75679]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.147


    (2) * * *


[[Page 75680]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.148


[[Page 75681]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.149


    (3) * * *


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[GRAPHIC] [TIFF OMITTED] TR01NO16.150


[[Page 75683]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.151

* * * * *
    (o) Offer versus serve. (1) Each adult day care center and at-risk 
afterschool program must offer its participants all of the required 
food servings as set forth in paragraphs (c)(1) and (c)(2) of this 
section. However, at the discretion of the adult day care center or at-
risk afterschool program, participants may be permitted to decline:
    (i) For adults. (A) One of the four food items required at 
breakfast (one serving of fluid milk; one serving of vegetable or 
fruit, or a combination of both; and two servings of grains, or meat or 
meat alternates);
    (B) Two of the five food components required at lunch (fluid milk; 
vegetables; fruit; grain; and meat or meat alternate); and
    (C) One of the four food components required at supper (vegetables; 
fruit; grain; and meat or meat alternate).
    (ii) For children. Two of the five food components required at 
supper (fluid milk; vegetables; fruit; grain; and meat or meat 
alternate).
    (2) In pricing programs, the price of the reimbursable meal must 
not be affected if a participant declines a food item.
* * * * *

    Dated: October 24, 2016.
Telora T. Dean,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2016-26339 Filed 10-31-16; 8:45 am]
 BILLING CODE 3410-30-P