[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Rules and Regulations]
[Pages 50287-50293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20808]



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 Rules and Regulations
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  Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / 
Rules and Regulations  

[[Page 50287]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210, 220, and 226

[FNS-2019-0005]
RIN 0584-AE65


Delayed Implementation of Grains Ounce Equivalents in the Child 
and Adult Care Food Program

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Final rule.

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

SUMMARY: This action delays, from October 1, 2019 until October 1, 
2021, the implementation date of the ``ounce equivalents'' requirement 
for crediting grains served in the Child and Adult Care Food Program 
(CACFP). The final rule, Child and Adult Care Food Program: Meal 
Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010, 
published on April 25, 2016, specified that meal planners must use 
ounce equivalents to determine the amount of creditable grain served as 
part of a reimbursable meal or snack. A two-year extension allows more 
time for FNS to develop additional technical assistance materials and 
for State agencies and sponsoring organizations to provide training and 
technical assistance to support meal planners and assure compliance 
nationwide. This action is consistent with FNS' efforts to provide 
excellent customer service as we work with State and local partners to 
ensure high quality, nutritious meals for children and adult 
participants in CACFP. This action also applies to the crediting of 
grains served to infants and toddlers in the National School Lunch and 
School Breakfast Programs. In addition, this rule makes a technical 
correction to the application for free and reduced-price meals for 
adult CACFP participants.

DATES: Effective October 1, 2019.

FOR FURTHER INFORMATION CONTACT: Andrea Farmer, 703-305-2590, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    This final rule delays the implementation date, from October 1, 
2019 until October 1, 2021, of the requirement for crediting grains 
served in CACFP by ``ounce equivalents.'' Historically, meal planners 
at day care homes and centers in CACFP have credited grains served as 
part of a reimbursable meal or snack based on household measures, such 
as cups or ``servings'' of breads and other grain-based foods. The 
final rule, Child and Adult Care Food Program: Meal Pattern Revisions 
Related to the Healthy, Hunger-Free Kids Act of 2010, published at 81 
FR 24347 on April 25, 2016, specified that grains must be credited 
using ounce equivalents instead.
    To make compliance easier, particularly as State agencies and local 
partners were focused on implementing more significant aspects of the 
meal pattern rule, FNS initially delayed implementation of the ounce 
equivalents provision until October 1, 2019. However, even with the 
additional time, confusion among some meal planners convinced FNS that 
additional training and technical assistance is needed to support day 
care homes and centers with the tools they need to more easily 
implement this provision and assure compliance.
    On July 1, 2019, FNS published a proposed rule, Delayed 
Implementation of Grains Ounce Equivalents in the Child and Adult Care 
Food Program, 84 FR 31227, that would allow State agencies, 
institutions, and day care homes and centers additional time to fully 
implement the crediting of grains by ounce equivalents by October 1, 
2021. The rule proposed a two-year extension to allow adequate time for 
FNS to develop additional technical assistance materials and for State 
agencies and sponsoring organizations to use these materials to provide 
training and technical assistance to support meal planners and assure 
compliance nationwide. This action is consistent with FNS' efforts to 
provide excellent customer service as we work with State and local 
partners to ensure high quality, nutritious meals for children and 
adult participants in CACFP.
    FNS received 679 written comments during the 30-day comment period, 
which ended on July 31, 2019. Of these, 311 were unique comments and 
the remainder (368) were form letters. The majority of respondents were 
child care providers, including both center-based and in-home based 
care. Comments were also received from State administering agencies, 
non-profit organizations, advocates, dietitians, academics, industry 
stakeholders, adult care providers, and members of the general public.
    The vast majority of respondents (604) wrote in support of a 
delayed implementation. As such, FNS will move forward with the delay 
as proposed. Most supporters cited the need for training and technical 
assistance on ounce equivalents. Supporters also frequently stated that 
the immediate change would overwhelm meal planners at day care homes 
and centers who may still be adjusting to implementing the other 
requirements of the updated CACFP meal patterns. Meal planners in CACFP 
may lack experience with or access to the same types of resources, such 
as Child Nutrition labeled products or the Food Buying Guide 
Interactive Web-Based Tool, which have helped schools successfully 
implement ounce equivalents in the National School Lunch and School 
Breakfast Programs. Many respondents cited the need for more user-
friendly resource materials on ounce equivalents from FNS and other 
sources.
    Nineteen respondents wrote in opposition to the delay, including 
one State agency. They stated that day care home and center providers 
have had adequate time to adjust to using ounce equivalents or that the 
State agency had already successfully implemented training. FNS is 
encouraged that these respondents are ready for implementation and FNS 
supports early implementation of ounce equivalents crediting, as 
outlined in the paragraphs below.
    Seventy-eight respondents expressed frustration with the 
requirement or asked that it be reevaluated. The most common concerns 
were a lack of time and equipment. Many of these commenters seemed to 
misunderstand the ounce equivalents requirement and

[[Page 50288]]

believed that all grain portions must be weighed using a kitchen scale, 
thus requiring new equipment and reducing staff time available for 
direct care of children or adults in the program. To clarify, the use 
of ounce equivalents to credit grains will not require all grain 
portions to be weighed. Among these 78 respondents, 42 simultaneously 
supported the delay. In addition, some respondents expressed their 
frustration with CACFP requirements in general, often citing 
documentation burdens or limited staff resources, without expressing an 
opinion on the proposed delay. FNS will continue to listen to 
stakeholder feedback and monitor implementation during the period of 
delay to assess the success of sponsoring organizations and program 
operators in applying the ounce equivalents requirement.
    FNS recognizes the concerns of stakeholders about the need for 
additional transition time to prepare to credit grains in ounce 
equivalents. FNS is working to deliver technical assistance materials 
and tools that can help simplify the use of ounce equivalents in CACFP, 
including resources that allow providers planning and preparing meals 
to continue to use common household measures while meeting the new 
crediting requirements.
    Some examples of the resources that will ease this transition 
include a training webinar, a revised Crediting Handbook for the Child 
and Adult Care Food Program, and standardized recipes. USDA is also 
updating the online Food Buying Guide for Child Nutrition Programs--
which now contains the Recipe Analysis Workbook and the Exhibit A 
Grains Tool--that allows menu planners to easily determine grain 
contributions for commercial grain products. FNS is also working to 
develop additional CACFP Meal Pattern Training Worksheets that will 
simplify the use of ounce equivalents, and clarify the method for 
determining ounce equivalents for grains in the CACFP. These new tools 
will be available on USDA Team Nutrition's web page: https://www.fns.usda.gov/tn.
    Although this rule requires full implementation of ounce 
equivalents by October 1, 2021, State agencies may implement the ounce 
equivalents requirements prior to October 1, 2021. FNS encourages State 
agencies and sponsoring organizations to implement ounce equivalents as 
soon as they are confident that day care homes and centers have the 
training and technical assistance they need to successfully achieve 
compliance. However, during the period of early implementation, State 
agencies and sponsoring organizations must provide technical assistance 
in lieu of fiscal action when they observe violations related to the 
ounce equivalents requirement. Prior to October 1, 2021, a violation 
based solely on this requirement may not result in a disallowance of 
Federal reimbursement of meals that are otherwise eligible, an 
assessment of an overclaim, a declaration of serious deficiency, or any 
other adverse action.
    Accordingly, FNS delays full implementation of the ounce 
equivalents requirement in CACFP until October 1, 2021. This action 
also applies to the crediting of grains served to infants and toddlers 
in the National School Lunch and School Breakfast Programs. 
Corresponding changes are made to update the infant meal pattern tables 
at 7 CFR 210.10(o), 210.10(q), 220.8(p), and 226.20(c); preschool meal 
pattern tables at 7 CFR 210.10(o), 210.10(p), and 220.8(o); and meal 
pattern tables for children and adult participants at 7 CFR 226.20(c). 
FNS is revising the endnotes to these tables to state that, beginning 
on October 1, 2021, ounce equivalents will be used to determine the 
quantity of creditable grains. FNS is also removing endnotes, which 
delayed implementation of the minimum serving size of dry, cold whole 
grain-rich, enriched, or fortified ready-to-eat cereal, specified in 
some of the tables. Beginning on October 1, 2019, this information will 
no longer be needed.
    FNS is also using this opportunity to correct a technical error 
that appears in the free and reduced-price meal application for adult 
CACFP participants at 7 CFR 226.23. Under section 9(d)(1) of the 
Richard B. Russell National School Lunch Act, 42 U.S.C. 1758(d)(1), 
only the adult household member who signs a household application for 
free and reduced-price lunches must provide the last four digits of his 
or her social security number, as a condition of eligibility. However, 
an error in the statement that must be included on the meal benefit 
form for adult participants requires the last four digits of the social 
security number of all adult household members, including the adult day 
care participant. Accordingly, this rule corrects the statement at 7 
CFR 226.23(e)(1)(iii)(E) to require the last four digits of the social 
security number of only the adult household member who signs the meal 
benefit form.

Procedural Matters

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits, including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity. Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
This final rule was determined to be not significant and was not 
reviewed by the Office of Management and Budget (OMB).

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires Agencies 
to analyze the impact of rulemaking on small entities and consider 
alternatives that would minimize any significant impacts on a 
substantial number of small entities. The FNS Administrator has 
certified that this final rule will not have a significant economic 
impact on a substantial number of small entities. This rule allows meal 
planners additional time to receive training and technical assistance 
and additional time for State agencies and sponsoring organizations to 
facilitate implementation of the new requirement. While this rule will 
affect State agencies, sponsoring organizations, school food 
authorities, and day care homes and centers, any economic effect will 
not be significant.

Executive Order 13771

    Executive Order 13771 directs agencies to reduce regulation and 
control regulatory costs and provides that the cost of planned 
regulations be prudently managed and controlled through a budgeting 
process. This final rule is not expected to be an Executive Order 13771 
regulatory action because it is not significant under Executive Order 
12866.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandate 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 UMRA, FNS 
generally must prepare 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

[[Page 50289]]

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 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 the regulatory provisions of title II of UMRA, 
for State, local, and tribal governments, or the private sector, of 
$100 million or more in any one year. Therefore, this rule is not 
subject to the requirements of sections 202 and 205 of UMRA.

Executive Order 12372

    CACFP is listed in the Assistance Listings under the Catalog of 
Federal Domestic Assistance Number 10.558. The National School Lunch 
Program and School Breakfast Program are listed under No. 20.555 and 
10.553, respectively. They are subject to Executive Order 12372, which 
requires intergovernmental consultation with State and local officials. 
Since the Child Nutrition Programs are State-administered, FNS has 
formal and informal discussions with State and local officials, 
including representatives of Indian Tribal Organizations, on an ongoing 
basis regarding program requirements and operations. This provides FNS 
with the opportunity to receive regular input from State administrators 
and local program operators, which contributes to the development of 
feasible requirements.

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 regulations 
describing the agency's considerations in terms of the three categories 
called for under section 6(b)(2)(B) of Executive Order 13132. FNS has 
determined that this final rule does not have federalism implications. 
This rule does not impose substantial or direct compliance costs on 
State and local governments. Therefore, under section 6(b) of the 
Executive Order, a federalism summary is not required.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is not intended to have preemptive 
effect with respect to any State or local laws, regulations, or 
policies which conflict with its provisions or which would otherwise 
impede its full implementation. This rule is not intended to have 
retroactive effect. Prior to any judicial challenge to the application 
of the provisions of this rule, all applicable administrative 
procedures must be exhausted.

Civil Rights Impact Analysis

    FNS has reviewed this final rule in accordance with USDA Regulation 
4300-4, Civil Rights Impact Analysis, to identify and address any major 
civil rights impacts the rule might have on minorities, women, and 
persons with disabilities. After a careful review of the rule's intent 
and provisions, FNS has determined that this rule is not expected to 
limit or reduce the ability of protected classes of individuals to 
participate as program operators or as recipients of meal benefits. FNS 
also does not expect this rule to have any disparate impacts on program 
operators by protected classes of individuals.

Executive Order 13175

    Executive Order 13175 requires Federal agencies to consult and 
coordinate with Tribes on a government-to-government basis on policies 
that have Tribal implications, including regulations, legislative 
comments or proposed legislation, and other policy statements or 
actions that have substantial direct effects on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes. Tribal representatives were 
informed about this rulemaking on June 27, 2019. FNS anticipates that 
this will have no significant cost and no major increase in regulatory 
burden on tribal organizations.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35 and 5 CFR 
1320, requires OMB to approve all collections of information by a 
Federal agency before they can be implemented. Respondents are not 
required to respond to any collection of information unless it displays 
a current valid OMB control number. This final rule does not add any 
new information collection requirements.

E-Government Act Compliance

    FNS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes. Online resources to aid in the 
implementation of ounce equivalents for grains in the CACFP include the 
online interactive Food Buying Guide for Child Nutrition Programs, the 
Exhibit A Grains Tool, and the Recipe Analysis Workbook.

List of Subjects

7 CFR Part 210

    Grant programs--education, Grant Programs--health, Infants and 
children, Nutrition, Penalties, Reporting and recordkeeping 
requirements, School breakfast and lunch programs, 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, Day care, Food assistance programs, Grant 
programs, Grant programs--health, American Indians, 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 amended as follows:

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, revise the tables in paragraphs (o)(3)(ii), 
(o)(4)(ii), (p)(2), and (q)(2) to read as follows:


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

* * * * *
    (o) * * *
    (3) * * *
    (ii) * * *

[[Page 50290]]



                                          Preschool Snack Meal Pattern
----------------------------------------------------------------------------------------------------------------
                                                                  Minimum quantities
 Food components and food items \1\  ---------------------------------------------------------------------------
                                                    Ages 1-2                              Ages 3-5
----------------------------------------------------------------------------------------------------------------
Fluid Milk \2\......................  4 fluid ounces......................  4 fluid ounces.
Meat/meat alternates (edible portion
 as served):
    Lean meat, poultry, or fish.....  \1/2\ ounce.........................  \1/2\ ounce.
    Tofu, soy products, or alternate  \1/2\ ounce.........................  \1/2\ ounce.
     protein products.\3\.
    Cheese..........................  \1/2\ ounce.........................  \1/2\ ounce.
    Large egg.......................  \1/2\...............................  \1/2\.
    Cooked dry beans or peas........  \1/8\ cup...........................  \1/8\ cup.
    Peanut butter or soy nut butter   1 Tbsp..............................  1 Tbsp.
     or other nut or seed butters.
    Yogurt, plain or flavored         2 ounces or \1/4\ cup...............  2 ounces or \1/4\ cup.
     unsweetened or sweetened.\5\.
    Peanuts, soy nuts, tree nuts, or  \1/2\ ounce.........................  \1/2\ ounce.
     seeds.
Vegetables \4\......................  \1/2\ cup...........................  \1/2\ cup.
Fruits \4\..........................  \1/2\ cup...........................  \1/2\ cup.
Grains (oz eq) : \6\ \7\
    Whole grain-rich or enriched      \1/2\ slice.........................  \1/2\ slice.
     bread.
    Whole grain-rich or enriched      \1/2\ serving.......................  \1/2\ serving.
     bread product, such as biscuit,
     roll, or muffin.
    Whole grain-rich, enriched, or    \1/4\ cup...........................  \1/4\ cup.
     fortified cooked breakfast
     cereal,\8\ cereal grain, and/or
     pasta.
    Whole grain-rich, enriched, or
     fortified ready-to-eat cereal
     (dry, cold): \8\
        Flakes or rounds............  \1/2\ cup...........................  \1/2\ cup.
        Puffed cereal...............  \3/4\ cup...........................  \3/4\ cup.
        Granola.....................  \1/8\ cup...........................  \1/8\ cup.
----------------------------------------------------------------------------------------------------------------
Endnotes:
\1\ Select two of the five components for a reimbursable snack. Only one of the two components may be a
  beverage.
\2\ Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fat-
  free (skim) milk for children two through five years old.
\3\ Alternate protein products must meet the requirements in Appendix A to Part 226 of this chapter.
\4\ Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal,
  including snack, per day.
\5\ Yogurt must contain no more than 23 grams of total sugars per 6 ounces.
\6\ At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do
  not count towards meeting the grains requirement.
\7\ Beginning October 1, 2021, ounce equivalents are used to determine the quantity of creditable grains.
\8\ 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).

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

                        Infant Snack Meal Pattern
------------------------------------------------------------------------
    Birth through 5 months                6 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces breastmilk    2-4 fluid ounces breastmilk \1\ or
 \1\ or formula.\2\.           formula; \2\ and
                               0-\1/2\ slice bread;3 4 or
                               0-2 crackers;3 4 or
                               0-4 tablespoons infant cereal 2 3 4 or
                               ready-to-eat breakfast cereal;3 4 5 6 and
                               0-2 tablespoons vegetable or fruit,
                               or a combination of both.6 7
------------------------------------------------------------------------
\1\ Breastmilk or formula, or portions of both, must be served; however,
  it is recommended that breastmilk be served in place of formula from
  birth through 11 months. 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 at a later time if the infant will
  consume more.
\2\ Infant formula and dry infant cereal must be iron-fortified.
\3\ A serving of grains must be whole grain-rich, enriched meal, or
  enriched flour.
\4\ Beginning October 1, 2021, ounce equivalents are used to determine
  the quantity of creditable grains.
\5\ 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).
\6\ A serving of this component is required when the infant is
  developmentally ready to accept it.
\7\ Fruit and vegetable juices must not be served.

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

[[Page 50291]]



                                          Preschool Lunch Meal Pattern
----------------------------------------------------------------------------------------------------------------
                                                                      Minimum quantities
     Food components and food items \1\     --------------------------------------------------------------------
                                                          Ages 1-2                          Ages 3-5
----------------------------------------------------------------------------------------------------------------
Fluid Milk \2\.............................  4 fluid ounces...................  6 fluid ounces.
Meat/meat alternates (edible portion as
 served):
    Lean meat, poultry, or fish............  1 ounce..........................  1 \1/2\ ounces.
    Tofu, soy products, or alternate         1 ounce..........................  1 \1/2\ ounces.
     protein products \3\.
    Cheese.................................  1 ounce..........................  1 \1/2\ ounces.
    Large egg..............................  \1/2\............................  \3/4\.
    Cooked dry beans or peas...............  \1/4\ cup........................  \3/8\ cup.
    Peanut butter or soy nut butter or       2 Tbsp...........................  3 Tbsp.
     other nut or seed butters.
    Yogurt, plain or flavored unsweetened    4 ounces or \1/2\ cup............  6 ounces or \3/4\ cup.
     or sweetened \4\.
    The following may be used to meet no     \1/2\ ounce = 50%................  \3/4\ ounce = 50%.
     more than 50% of the requirement:.
    Peanuts, soy nuts, tree nuts, or seeds,
     as listed in program guidance, or an
     equivalent quantity of any combination
     of the above meat/meat alternates (1
     ounce of nuts/seeds = 1 ounce of
     cooked lean meat, poultry, or fish).
Vegetables \5\.............................  \1/8\ cup........................  \1/4\ cup.
Fruits \5\ \6\.............................  \1/8\ cup........................  \1/4\ cup.
Grains (oz eq): \7\ \8\
    Whole grain-rich or enriched bread.....  \1/2\ slice......................  \1/2\ slice.
    Whole grain-rich or enriched bread       \1/2\ serving....................  \1/2\ serving.
     product, such as biscuit, roll, muffin.
    Whole grain-rich, enriched, or           \1/4\ cup........................  \1/4\ cup.
     fortified cooked breakfast cereal\9\,
     cereal grain, and/or pasta.
----------------------------------------------------------------------------------------------------------------
Endnotes:
\1\ Must serve all five components for a reimbursable meal.
\2\ Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fat-
  free (skim) milk for children two through five years old.
\3\ Alternate protein products must meet the requirements in Appendix A to Part 226 of this chapter.
\4\ Yogurt must contain no more than 23 grams of total sugars per 6 ounces.
\5\ Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal,
  including snack, per day.
\6\ A vegetable may be used to meet the entire fruit requirement. When two vegetables are served at lunch or
  supper, two different kinds of vegetables must be served.
\7\ At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do
  not count towards the grains requirement.
\8\ Beginning October 1, 2021, ounce equivalents are used to determine the quantity of the creditable grain.
\9\ 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).

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

                        Infant Lunch Meal Pattern
------------------------------------------------------------------------
    Birth through 5 months                6 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces breastmilk    6-8 fluid ounces breastmilk \1\ or
 \1\ or formula \2\.           formula \2\ and
                               0-4 tablespoons
                               infant cereal 2 3
                               meat,
                               fish,
                               poultry,
                               whole egg,
                               cooked dry beans, or
                               cooked dry peas; or
                               0-2 ounces of cheese; or
                               0-4 ounces (volume) of cottage cheese; or
                               0-4 ounces or \1/2\ cup of yogurt; \4\ or
                               a combination of the above; \5\ and
                               0-2 tablespoons vegetable or
                               fruit, or a combination of both 5 6
------------------------------------------------------------------------
\1\ Breastmilk or formula, or portions of both, must be served; however,
  it is recommended that breastmilk be served in place of formula from
  birth through 11 months. 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 at a later time if the infant will
  consume more.
\2\ Infant formula and dry infant cereal must be iron-fortified.
\3\ Beginning October 1, 2021, ounce equivalents are used to determine
  the quantity of creditable grains.
\4\ Yogurt must contain no more than 23 grams of total sugars per 6
  ounces.
\5\ A serving of this component is required when the infant is
  developmentally ready to accept it.
\6\ Fruit and vegetable juices must not be served.


[[Page 50292]]

* * * * *

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, revise the tables in paragraphs (o)(2) and (p)(2), 
to read as follows:


Sec.  220.8  Meal requirements for breakfasts.

* * * * *
    (o) * * *
    (2) * * *

                                        Preschool Breakfast Meal Pattern
----------------------------------------------------------------------------------------------------------------
                                                                      Minimum quantities
     Food components and food items\1\      --------------------------------------------------------------------
                                                          Ages 1-2                          Ages 3-5
----------------------------------------------------------------------------------------------------------------
Fluid Milk \2\.............................  4 fluid ounces...................  6 fluid ounces.
Vegetables, fruits, or portions of both \3\  \1/4\ cup........................  \1/2\ cup.
Grains (oz eq): 4 5 6
    Whole grain-rich or enriched bread.....  \1/2\ slice......................  \1/2\ slice.
    Whole grain-rich or enriched bread       \1/2\ serving....................  \1/2\ serving.
     product, such as biscuit, roll, muffin.
    Whole grain-rich, enriched, or           \1/4\ cup........................  \1/4\ cup.
     fortified cooked breakfast cereal,\7\
     cereal grain, and/or pasta.
    Whole grain-rich, enriched, or
     fortified ready-to-eat breakfast
     cereal (dry, cold): \7\
        Flakes or rounds...................  \1/2\ cup........................  \1/2\ cup.
        Puffed cereal......................  \3/4\ cup........................  \3/4\ cup.
        Granola............................  \1/8\ cup........................  \1/8\ cup.
----------------------------------------------------------------------------------------------------------------
Endnotes:
\1\ Must serve all three components for a reimbursable meal.
\2\ Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fat-
  free (skim) milk for children two through five years old.
\3\ Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal,
  including snack, per day.
\4\ At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do
  not count towards meeting the grains requirement.
\5\ Meat and meat alternates may be used to meet the entire grains requirement a maximum of three times a week.
  One ounce of meat and meat alternates is equal to one ounce equivalent of grains.
\6\ Beginning October 1, 2021, ounce equivalents are used to determine the quantity of creditable grains.
\7\ 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).

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

                      Infant Breakfast Meal Pattern
------------------------------------------------------------------------
    Birth through 5 months                6 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces breastmilk    6-8 fluid ounces breastmilk \1\ or
 \1\ or formula \2\.            formula; \2\ and
                               0-4 tablespoons infant cereal 2 3 meat,
                                fish, poultry, whole egg, cooked dry
                                beans, or cooked dry peas; or
                               0-2 ounces of cheese; or
                               0-4 ounces (volume) of cottage cheese; or
                               0-4 ounces or \1/2\ cup of yogurt; \4\ or
                                a combination of the above \5\; and
                               0-2 tablespoons vegetable or fruit, or a
                                combination of both.5 6
------------------------------------------------------------------------
\1\ Breastmilk or formula, or portions of both, must be served; however,
  it is recommended that breastmilk be served in place of formula from
  birth through 11 months. 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 at a later time if the infant will
  consume more.
\2\ Infant formula and dry infant cereal must be iron-fortified.
\3\ Beginning October 1, 2021, ounce equivalents are used to determine
  the quantity of creditable grains.
\4\ Yogurt must contain no more than 23 grams of total sugars per 6
  ounces.
\5\ A serving of this component is required when the infant is
  developmentally ready to accept it.
\6\ Fruit and vegetable juices must not be served.

* * * * *

PART 226--CHILD AND ADULT CARE FOOD PROGRAM

0
5. The authority citation for 7 CFR 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 table in paragraph (b)(5);
0
b. In the table to paragraph (c)(1), remove the date ``October 1, 
2019'' in endnote 7 and add in its place ``October 1, 2021'', and 
remove endnote 9;
0
c. In the table to paragraph (c)(2), remove the date ``October 1, 
2019'' in endnote 10 and add in its place ``October 1, 2021''; and
0
d. In the table to paragraph (c)(3), remove the date ``October 1, 
2019'' in endnote 8 and add in its place ``October 1, 2021'', and 
remove endnote 10.
    The revision reads as follows:


Sec.  226.20   Requirements for meals.

* * * * *
    (b) * * *
    (5) * * *

[[Page 50293]]



                                              Infant Meal Patterns
----------------------------------------------------------------------------------------------------------------
              Infants                   Birth through 5 months                  6 through 11 months
----------------------------------------------------------------------------------------------------------------
Breakfast, Lunch, or Supper........  4-6 fluid ounces breastmilk  6-8 fluid ounces breastmilk \1\ or formula;
                                      \1\ or formula \2\.          \2\ and
                                                                  0-4 tablespoons infant cereal,\3\ meat, fish,
                                                                   poultry, whole egg, cooked dry beans, or
                                                                   cooked dry peas; or
                                                                  0-2 ounces of cheese; or
                                                                  0-4 ounces (volume) of cottage cheese; or
                                                                  0-4 ounces or \1/2\ cup of yogurt; \4\ or a
                                                                   combination of the above; \5\ and
                                                                  0-2 tablespoons vegetable or fruit, or a
                                                                   combination of both.5 6
Snack..............................  4-6 fluid ounces breastmilk  2-4 fluid ounces breastmilk \1\ or formula
                                      \1\ or formula \2\.          \2\; and
                                                                  0-\1/2\ slice bread; 3 7 or
                                                                  0-2 crackers; 3 7 or
                                                                  0-4 tablespoons infant cereal 2 3 7 or ready-
                                                                   to-eat breakfast cereal; 3 5 7 8 and
                                                                  0-2 tablespoons vegetable or fruit, or a
                                                                   combination of both 5 6
----------------------------------------------------------------------------------------------------------------
\1\ Breastmilk or formula, or portions of both, must be served; however, it is recommended that breastmilk be
  served in place of formula from birth through 11 months. 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 at a later time if the infant will consume more.
\2\ Infant formula and dry infant cereal must be iron-fortified.
\3\ Beginning October 1, 2021, ounce equivalents are used to determine the quantity of creditable grains.
\4\ Yogurt must contain no more than 23 grams of total sugars per 6 ounces.
\5\ A serving of this component is required when the infant is developmentally ready to accept it.
\6\ Fruit and vegetable juices must not be served.
\7\ A serving of grains must be whole grain-rich, enriched meal, or enriched flour.
\8\ 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).

* * * * *

0
7. In Sec.  226.23, revise the third sentence in paragraph 
(e)(1)(iii)(E) to read as follows:


Sec.  226.23  Free and reduced-price meals.

* * * * *
    (e) * * *
    (1) * * *
    (iii) * * *
    (E) * * * You must include the last four digits of the social 
security number of the adult household member who signs the meal 
benefit form.* * *
* * * * *

    Dated: September 19, 2019.
Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2019-20808 Filed 9-24-19; 8:45 am]
 BILLING CODE 3410-30-P