[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 104965-104971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30710]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Request for Information: Grain-Based Desserts and High-Protein
Yogurt Crediting in Child Nutrition Programs
AGENCY: Food and Nutrition Service (FNS), USDA.
[[Page 104966]]
ACTION: Notice; Request for Information.
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SUMMARY: The U.S. Department of Agriculture's (USDA) Food and Nutrition
Service (FNS) requests comments from the public to help inform future
policymaking, guidance, and technical assistance related to grain-based
desserts and high-protein yogurt (which may include Greek and Greek-
style yogurt) crediting in the Child Nutrition Programs. FNS welcomes
comments from all interested partners, including child nutrition
professionals, State agencies, the food industry, the research
community, and other individuals and organizations with an interest in
the Child Nutrition Programs.
DATES: Written comments must be received on or before March 26, 2025.
ADDRESSES: USDA invites the submission of the requested information
through one of the following methods:
Federal eRulemaking Portal (preferred method): Go to
http://www.regulations.gov. Follow the online instructions for
submitting comments.
Mail: Send written comments to the Child Nutrition
Programs, USDA Food and Nutrition Service, Braddock Metro Center II,
1320 Braddock Place, Alexandria, VA 22314.
All comments submitted in response to this Request for Information
will be included in the record and will be made available to the
public. Please be advised that the substance of the comments and the
identity of the individuals or entities submitting the comments will be
subject to public disclosure. USDA will make the comments publicly
available via https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Heather Hopwood, School Meals Policy
Division, Child Nutrition Programs, USDA Food and Nutrition Service,
703-305-2054.
SUPPLEMENTARY INFORMATION:
Child Nutrition Programs: Meal Patterns & Food Crediting
The U.S. Department of Agriculture's (USDA's) Child Nutrition
Programs (CNPs) help to ensure that participants have access to
nutritious meals and snacks in schools, summer food service programs,
child and adult care centers and homes, afterschool programs, and
emergency shelters. Program operators plan meals and snacks that meet
participants' nutrition and energy requirements by following meal
patterns that are consistent with the goals of the ``Dietary Guidelines
for Americans'' (hereafter referred to as ``Dietary Guidelines'').\1\
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\1\ U.S. Department of Agriculture and U.S. Department of Health
and Human Services. Dietary Guidelines for Americans, 2020-2025. 9th
Edition. December 2020. Available at: http://www.DietaryGuidelines.gov.
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CNP meal patterns establish the types of foods and minimum serving
sizes that Program operators must offer to receive Federal
reimbursement for meals or snacks served.\2\ The meal patterns are
based on food groups (meal components), rather than individual
nutrients. CNP meal patterns require daily and, in some cases, weekly
amounts of certain meal components for breakfasts, lunches, suppers,
and snacks. While the component groupings and requirements differ
slightly by Program, they generally include some combination of fruits,
vegetables, grains, meats/meat alternates, and fluid milk. Each CNP has
unique meal patterns specific to the nutrient needs of the various age
and grade groups served by each Program. In addition to the required
meal components, National School Lunch Program (NSLP) and School
Breakfast Program (SBP) meals must, on average, meet weekly dietary
specifications for calories, sodium, and saturated fat. Beginning in
school year (SY) 2027-2028, school lunches and breakfasts must also
meet, on average, a weekly added sugars limit of less than 10 percent
of calories across the week.\3\ This change better aligns school meals
with the Dietary Guidelines recommendation to limit added sugars intake
to fewer than 10 percent of calories per day, starting at age 2.\4\
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\2\ National School Lunch Program: 7 CFR 210.10, available at:
https://www.ecfr.gov/current/title-7/section-210.10. School
Breakfast Program: 7 CFR 220.8, available at: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-220#220.8.
Child and Adult Care Food Program: 7 CFR 226.20, available at:
https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-226#226.20. Summer Food Service Program: 7 CFR
225.16, available at: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-220#220.8.
\3\ Final Rule, Child Nutrition Programs: Meal Patterns
Consistent With the 2020-2025 Dietary Guidelines for Americans (89
FR 31962, April 25, 2024). Available at: https://www.govinfo.gov/content/pkg/FR-2024-04-25/pdf/2024-08098.pdf.
\4\ U.S. Department of Agriculture and U.S. Department of Health
and Human Services. Dietary Guidelines for Americans, 2020-2025. 9th
Edition. December 2020. Available at DietaryGuidelines.gov.
Available at: https://www.dietaryguidelines.gov/resources/2020-2025-dietary-guidelines-online-materials.
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Crediting is the process established by FNS to determine how
individual foods and beverages contribute toward meal pattern
requirements. Menu planners comply with meal pattern requirements by
designing menus that offer foods and beverages that ``credit'' toward
meal component requirements. A food is ``creditable'' when it meets the
minimum standards that count toward a reimbursable meal or snack.
Generally, this means foods are grouped into categories of similar
foods that are credited in a similar way. FNS' crediting system intends
to provide simple information that allows Program operators to (1)
easily plan menus with foods and beverages in quantities that meet meal
pattern requirements, and (2) offer foods and beverages in a way that
encourages healthy habits and teaches participants how to build well-
balanced meals. Crediting information is conveyed to Program operators
through regulations, resources such as FNS' Food Buying Guide for Child
Nutrition Programs, and other guidance and technical assistance
materials.
Several factors impact how foods and beverages credit toward CNP
meal pattern requirements. Crediting decisions are made on the fullest
range of factors possible to ensure transparency and consistency. The
overall nutrient profile of a food is a primary consideration.
Generally, foods in each meal component are based on a range of
nutrients, rather than an individual product's specific nutrient
profile. Another important factor is the usual and customary function
of the food in a meal or a snack. One example of this principle is
coffee cake offered at breakfast. In school breakfast, all cake
varieties are prohibited from being offered to meet the grains
requirement, except for coffee cake. Coffee cake has historically been
allowed to contribute toward the grains requirement at school breakfast
given its ``usual and customary'' function as a popular grain item
served at breakfast in the United States. Foods and beverages that
credit toward reimbursable meals and snacks sometimes have a Federal
standard of identity. Federal standards of identity are established by
the U.S. Food and Drug Administration (FDA) and the USDA Food Safety
and Inspection Service (FSIS). They are mandatory requirements that
determine what a food must contain to be marketed and sold under a
certain name. FNS relies on FDA's and FSIS' standards of identity
because they provide a common Federal standard under which specific
foods are made. This allows FNS to establish crediting policy with
confidence that products from all manufacturers will have the same
characteristics and make consistent contributions to Program meal
patterns.
FNS first considers Federal standards of identity when making
crediting decisions. There are some commercial products on the market
that do not have
[[Page 104967]]
an FDA or FSIS standard of identity but have industry-defined
standards. When a Federal standard of identity does not exist, FNS may
use industry standards for production to better understand the
manufacturing process. Finally, when making crediting decisions, FNS
considers the role of CNPs in teaching participants healthy eating
habits.
FNS evaluates the CNPs' food crediting system on an ongoing basis
to keep pace with the evolving food and nutrition environment, ensure
participants have access to the nutrition they need, and offer
excellent customer service to those operating, and benefitting from,
the Programs. It is important that FNS' crediting system balances the
nutritional needs of participants, as recommended by the Dietary
Guidelines, and the need to offer flexibility and a wide range of
choices to Program operators. In this Request for Information, FNS
seeks public input in two areas: grain-based desserts and high-protein
yogurt (which may include Greek and Greek-style yogurt), including how
those terms are defined and how those foods should credit toward meal
pattern requirements.
Grain-Based Desserts
Grains play an important role in CNPs, helping Program operators
offer a variety of food options for participants to enjoy as part of
their meals and snacks. Products that are considered grain-based
desserts may be offered to meet part of the grains requirement in some
CNPs. Menu planners may offer grain-based desserts to encourage whole
grains consumption and/or provide participants with foods they enjoy
while still meeting nutritional standards. Under current policy, grain-
based desserts include foods that are typically considered desserts,
such as cakes, cookies and brownies, as well as other foods such as
breakfast bars and toaster pastries. The Food Buying Guide for Child
Nutrition Programs, Exhibit A: Grain Requirements for Child Nutrition
Programs designates examples of grain-based desserts with superscripts
3, 4, and 5.\5\ Nutritionally, grains are important sources of many
nutrients, including complex carbohydrates, dietary fiber, several B
vitamins, and minerals (e.g., iron, magnesium, and selenium); however,
while their added sugars content varies, grain-based desserts are also
often higher in added sugars than other grains typically offered at
breakfast, such as bagels, English muffins, oatmeal, or toast.
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\5\ U.S. Department of Agriculture, Food Buying Guide for Child
Nutrition Programs. Available at: https://foodbuyingguide.fns.usda.gov/Appendix/DownLoadFBG. See: Section 4--
Grains, Exhibit A: Grain Requirements for Child Nutrition Programs,
for a non-exhaustive list of grain-based dessert examples.
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The FDA defines the term ``high'' in its nutrient claim regulations
(21 CFR 101.54(b)) as a food with 20 percent or more of the Reference
Daily Intake (RDI) or Daily Reference Value (DRV) for a nutrient per
Reference Amount Customarily Consumed (RACC), as established in 21 CFR
101.9(c)(8)(iv) or 21 CFR 101.9(c)(9), respectively.\6\ The DRV for
added sugars for adults and children ages four years and older is 50
grams per day,\7\ and 25 grams per day for children ages one to three
years old.\8\ Under that definition, a grain food would be ``high in
added sugars'' if it contains 10 or more grams of added sugars per RACC
for adults and children ages four and older; or 5 or more grams of
added sugars per RACC for children ages one to three years. FNS could
consider using FDA's definition of ``high'' for use on food label
nutrient content claims to define ``grains high in added sugars'' and
develop resources related to ``grains high in added sugars'' to reduce
added sugars in meals and snacks.
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\6\ See 21 CFR 101.54 Nutrient content claims for ``good
source,'' ``high,'' ``more,'' and ``high potency.'' Available at:
https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-101/subpart-D/section-101.54
\7\ Based on the reference caloric intake of 2,000 calories for
adults and children aged 4 years and older, and for pregnant women
and lactating women.
\8\ Based on the reference caloric intake of 1,000 calories for
children 1 through 3 years of age.
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Given this context, FNS is gathering additional public input on how
to make its guidance related to grain-based desserts (and other grains
high in added sugars) more effective at reducing added sugars in CNP
menus, while also providing Program operator flexibility in menu
planning, maintaining participant satisfaction, and continuing to make
investments in the healthy, balanced diets of Program participants.
Consistent with the Dietary Guidelines' recommendation to reduce
intakes of cakes, cookies, brownies, and other grain-based desserts,
FNS has implemented limits for grain-based desserts to reduce added
sugars in some Programs: \9\
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\9\ U.S. Department of Agriculture and U.S. Department of Health
and Human Services. Dietary Guidelines for Americans, 2020-2025. 9th
Edition. December 2020. p. 33. Available at: https://www.dietaryguidelines.gov/.
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SBP Kindergarten--Grade 12: Schools are prohibited from
offering cookies, dessert pies, cobbler, brownies, and all cake
varieties (except coffee cake) toward the grains requirement at
breakfast.\10\
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\10\ For additional information, see SP 19-2024, CACFP 07-2024,
SFSP 12-2024, Initial Implementation Memorandum: Child Nutrition
Programs: Meal Patterns Consistent With the 2020-2025 Dietary
Guidelines for Americans, published May 14, 2024, available at:
https://www.fns.usda.gov/cn/initial-implementation-meal-patterns-dga.
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NSLP Kindergarten-Grade 12: Schools may offer up
to two ounce equivalents of grain-based desserts per week at lunch.\11\
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\11\ 7 CFR 210.10(c)(2)(iv)(C), available at: https://www.ecfr.gov/current/title-7/part-210#p-210.10(c)(2)(iv)(C).
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NSLP/SBP Preschool: Grain-based desserts do not
credit toward grains requirements.\12\
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\12\ 7 CFR 210.10(o)(3)(ii), Table 5, available at: https://www.ecfr.gov/current/title-7/part-210#p-210.10(o)(3)(ii).
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NSLP afterschool snack service: Grain-based
desserts will not credit toward grains requirements, beginning in SY
2025-2026.\13\
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\13\ For additional information, see Final Rule, Child Nutrition
Programs: Meal Patterns Consistent With the 2020-2025 Dietary
Guidelines for Americans (89 FR 31962, April 25, 2024). Available
at: https://www.govinfo.gov/content/pkg/FR-2024-04-25/pdf/2024-08098.pdf.
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Child and Adult Care Food Program: Grain-based
desserts do not credit toward grains requirements.\14\
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\14\ 7 CFR 226.20(a)(4)(iii), available at: https://www.ecfr.gov/current/title-7/part-226/section-226.20#p-226.20(a)(4)(iii).
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On February 7, 2023, FNS issued a proposed rule to update CNP meal
pattern requirements: Child Nutrition Programs: Revisions to Meal
Patterns Consistent With the 2020 Dietary Guidelines for Americans.\15\
The rule included a proposal to limit grain-based desserts in the SBP
to no more than two ounce equivalents per week, consistent with the
NSLP. However, based on public comments, FNS did not finalize that
proposed limit in the final rule, Child Nutrition Programs: Meal
Patterns Consistent With the 2020-2025 Dietary Guidelines for
Americans.\16\ Some of those comments noted that the definition of
grain-based desserts does not explicitly focus on the amount of added
sugars; some products high in added sugars are not classified as grain-
based desserts; and some products that are included may have lower
amounts of added sugars, depending on their formulation. In addition,
commenters
[[Page 104968]]
expressed concerns that the proposal would limit options at school
breakfast, particularly for grab-and-go breakfasts, and recommended
that FNS re-evaluate. As a result, FNS is seeking targeted public input
on how to assist partners in considering the role of grain-based
desserts and potentially other grain products high in added sugars to
help inform next steps.
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\15\ Proposed Rule, Child Nutrition Programs: Revisions to meal
patterns consistent with the 2020 Dietary Guidelines for Americans.
(88 FR 8050, February 7, 2023). Available at: https://www.ecfr.gov/current/title-7/part-210#p-210.10(o)(3)(ii).
\16\ Final Rule, Child Nutrition Programs: Meal Patterns
Consistent With the 2020-2025 Dietary Guidelines for Americans (89
FR 31962, April 25, 2024). Available at: https://www.govinfo.gov/content/pkg/FR-2024-04-25/pdf/2024-08098.pdf.
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To make progress toward reducing added sugars in CNPs, the final
rule referenced above gradually phases in product-based and weekly
added sugars limits. Product-based limits will be required for
breakfast cereals, yogurt, and flavored milk by July 1, 2025, and added
sugars will be limited to no more than 10 percent of total calories,
per week, by July 1, 2027. FNS expects that the weekly limits will lead
menu planners to choose grains that are lower in added sugars as they
adjust their menu offerings to meet the limits. However, weekly limits
also give menu planners flexibility to occasionally offer grains higher
in added sugars, provided they are balanced with foods that are lower
in added sugars throughout the week. While FNS recognizes that many
partners prefer consistent requirements across the CNPs, the weekly
limits for added sugars only apply to SBP and NSLP. Therefore, this
approach would only be applicable to the school meals programs (SBP and
NSLP).
FNS is considering how to best support schools as they work to meet
the aforementioned added sugars requirements and is interested in
understanding what guidance and technical assistance Program operators
needed to help them identify grains high in added sugars and consider
them in menu planning. FNS is also interested in partner input on how
to improve and simplify its current grain-based desserts requirements,
including whether changes would support efforts to reduce added sugars
in the CNPs.
FNS welcomes public input on this topic and invites the public to
submit other ideas to simplify current guidance, assist CNP operators
in managing the use of grain-based desserts and other grain products
high in added sugars, support schools in meeting the forthcoming added
sugars limits, and reduce children's consumption of added sugars in the
CNPs.
High-Protein Yogurt Crediting
In addition to seeking input on grain-based desserts, FNS also
seeks public input related to high-protein yogurt (which may include
Greek and Greek-style yogurt), including how such yogurt is defined, if
a definition separate from regular yogurt is warranted, and how high-
protein yogurt should credit toward CNP meal pattern requirements.
Yogurt is a popular menu item and may credit toward all or part of
the meats/meat alternates component in the CNPs.\17\ Nutritionally,
yogurt is a source of calcium, zinc, potassium, and probiotics.\18\
Yogurt may be offered in a variety of forms: plain or flavored,
unsweetened or sweetened, strained or non-strained, or high-protein or
regular. It can be offered as a standalone option, or in different menu
items, such as yogurt parfaits or smoothies. Current regulations
establish that four ounces (weight) or \1/2\ cup (volume) of yogurt
credits in the CNPs as one ounce equivalent of meat alternate.\19\ FDA
maintains a single standard of identity for all yogurt; there is not a
separate standard of identity for high-protein yogurt, nor for Greek or
Greek-style yogurt.\20\
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\17\ USDA's School Nutrition and Meal Cost Study found that low-
fat or fat-free yogurt was offered in 10 percent of all daily lunch
menus and was more frequently offered in daily menus in elementary
schools than middle or high school menus. In SBP, Yogurt (mostly
low-fat or fat-free) was the most frequently offered meat/meat
alternate item and was included in one-quarter (25 percent) of all
daily breakfast menus. Additional information is available at:
https://www.fns.usda.gov/school-nutrition-and-meal-cost-study.
\18\ U.S. Department of Agriculture, Agricultural Research
Service, Beltsville Human Nutrition Research Center. FoodData
Central, available at: https://fdc.nal.usda.gov/fdc-app.html#/food-details/2647437/nutrients.
\19\ In NSLP, SBP and CACFP, 4 ounces or 12044;2 cup of yogurt
equals 1 ounce of the meats/meat alternates requirement, according
to 7 CFR 210.10(c)(2)(i)(C), 7 CFR 220.8(c)(2)(i)(C), and 7 CFR
226.20(a)(5)(iii). In the SFSP, 4 ounces or \1/2\ cup of yogurt may
credit as 1 ounce of the meats/meat alternates component for
breakfast and snack. For lunch and supper, 8 ounces or 1 cup of
yogurt may credit as 2 ounces of the meats/meat alternates
component, per 7 CFR 225.16(d)).
\20\ FDA standard of identity for yogurt is at 21 CFR 131.200,
available at: https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-131/subpart-B/section-131.200.
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Yogurt crediting in the CNPs was established in 1997. Since then,
the variety of yogurt available at retail and in the K-12 market has
grown and evolved significantly. Manufacturers offer a range of flavors
and varieties, including high-protein yogurt (which may include Greek
and Greek-style yogurt) and plant-based yogurt, to cater to diverse
consumer preferences. High-protein yogurt (including some Greek and
Greek-style yogurt) continues to expand in availability and popularity;
it differs from regular yogurt due to its unique manufacturing process,
which typically involves straining the product to remove liquid whey,
resulting in a thicker yogurt with higher protein content. Yogurt can
also be thickened without straining, by ultrafiltration,\21\ or by
adding a thickening agent (e.g., gelatin, pectin, agar, guar gum,
starch) or optional dairy ingredients. Thickening agents can be made
from proteins, polysaccharides, or optional dairy ingredients, and
their use can increase a food's protein content. Straining,
ultrafiltration, and the addition of dairy ingredients can result in a
thicker, higher protein yogurt, compared to regular yogurt.
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\21\ Ultrafiltration is a filtration process used to concentrate
yogurt and other dairy products, such as Greek and Greek-style
yogurt. The process separates the product into two streams, allowing
water, acids, salts, and lactose to pass through, while retaining
the fat and proteins. This allows manufacturers to produce yogurt
varieties with different protein and fat contents.
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FNS collaborates with industry partners to ensure that products are
available for menu planners to offer nutritious foods and beverages
that participants enjoy. In 2013, USDA operated a pilot program
designed to test the cost effectiveness of making ``Greek-style
yogurt'' available to schools in four States via USDA Foods in Schools.
Greek-style yogurt is popular in school meals and schools expressed
interest in procuring such yogurt via USDA Foods in Schools.\22\ As a
result, USDA expanded the pilot in SY 2014-2015, making Greek-style
yogurt available via USDA Foods in Schools in eight additional States.
Beginning in SY 2015-2016, USDA added high-protein (Greek-style) yogurt
as a food available for all schools to order through USDA Foods in
Schools. On average, approximately 1.8 million pounds of high-protein
yogurt are delivered to schools through USDA Foods annually, including
strawberry cups (4 oz.), blueberry cups (4 oz.), vanilla cups (4 oz.),
and vanilla tubs (32 oz.).\23\
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\22\ USDA Press release, Expanding Healthy, American-Produced
Food Offerings to Our Schools--USDA's Pilot Program for Greek-Style
Yogurt (March 12, 2014). Available at: https://www.usda.gov/media/
blog/2014/03/12/expanding-healthy-american-produced-food-offerings-
our-schools-usdas-
pilot#:~:text=These%20states%20were%20able%20to,totaled%20199%2C800%2
0pounds%20of%20yogurt.
\23\ FNS Administrative Data.
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In 2017, FNS issued a Request for Information to solicit public
input on a variety of crediting topics, including high-protein yogurt,
and received a total of 437 comments. Most comments came from Program
operators and individuals, but the food industry, advocacy
organizations, and State agencies also submitted comments. In the 2017
Request for Information, FNS asked if a separate crediting standard
should be created for high-protein yogurt that is different than the
crediting standard for
[[Page 104969]]
regular yogurt.\24\ Some commenters supported changes to yogurt
crediting; however, overall, comments were mixed. Many commenters noted
that two different yogurt crediting standards could cause confusion and
suggested that crediting based on greater or lesser amounts of a single
nutrient is inconsistent with food-based menu planning.\25\ As a
result, FNS maintained consistent crediting for all yogurt in the CNPs:
four ounces, or \1/2\ cup, of yogurt credits as one ounce equivalent of
meat alternate.
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\24\ Food Crediting in Child Nutrition Programs: Request for
Information. 82 FR 58792. Published December 14, 2017. Available at:
https://www.federalregister.gov/documents/2017/12/14/2017-26979/food-crediting-in-child-nutrition-programs-request-for-information.
All comments are available for review at https://www.regulations.gov/docket?D=FNS-2017-0044.
\25\ A single food-based menu planning approach, required since
SY 2012-13, simplifies menu planning, serves as a teaching tool to
help children choose a balanced meal, and assures that students
nationwide have access to key food groups recommended by the Dietary
Guidelines. It also makes it easier for schools to communicate meal
standards to parents and the broader community.
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As the CNPs and product availability continue to evolve, FNS seeks
additional public input regarding high-protein yogurt crediting. This
includes whether FNS should allow a lesser volume (i.e., a smaller
serving size) of high-protein yogurt to credit toward the meats/meat
alternates meal component compared to regular yogurt. Additionally, if
different crediting is warranted, FNS seeks input on how to define
high-protein yogurt. Similar to ``grains high in added sugars,'' in the
absence of a Federal standard of identity, a definition of ``high-
protein yogurt'' could be informed by FDA's ``high'' nutrient
claim.\26\ The DRV for protein for adults and children ages four years
and older is 50 grams per day,\27\ and 13 grams per day for children
ages one to three years old.\28\ Under that definition, a ``high-
protein yogurt'' must have at least 6.7 grams of protein per four ounce
serving for adults and children ages four and older; or at least 2.6
grams of protein per four ounce serving for children ages one to three
years.\29\ FNS could adopt FDA's definition of ``high'' for use on food
label nutrient content claims to define ``high-protein yogurt'' as
yogurt that provides at least 6.7 grams of protein per four ounce
serving for ages four and older, and 2.6 grams of protein per four
ounce serving for ages one to three years.
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\26\ The FDA defines ``high'' protein in its nutrient claim
regulations as food with 20 percent or more of the Reference Daily
Intake (RDI) or Daily Reference Value (DRV) for protein, as
established in 21 CFR 101.9(c)(8)(iv) or 21 CFR 101.9(c)(9),
respectively. See 21 CFR 101.54 Nutrient content claims for ``good
source,'' ``high,'' ``more,'' and ``high potency.'' Available at:
https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-101/subpart-D/section-101.54.
\27\ Based on the reference caloric intake of 2,000 calories for
adults and children aged 4 years and older, and for pregnant women
and lactating women.
\28\ Based on the reference caloric intake of 1,000 calories for
children 1 through 3 years of age.
\29\ Protein values have been adjusted down proportionately to
align with CNP meal pattern requirements which differ slightly from
FDA's Reference Amount Customarily Consumed (RACC) for yogurt, which
is 6 ounces for ages 4 years and older. FDA does not currently
specify a RACC for yogurt for ages 1-3 years in 21 CFR 101.12;
however, FDA suggests a RACC of 4 oz for milk for ages 1-3 years
(see question B.9 in Guidance for Industry Food Labeling Serving
Sizes of Foods). Yogurt and milk have similar product
characteristics (e.g., both are dairy products), which is the one of
the three serving size general principles. Based on this guidance
from FDA, FNS is using a RACC of four ounces for yogurt for ages one
year and older.
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USDA has already adopted FDA's definition of ``high'' for nutrient
claims in high-protein yogurt in some Programs. USDA Foods began using
FDA's definition of ``high'' for nutrient claims in high-protein yogurt
in 2013. The most recent USDA Commodity Requirements--Yogurt Products
specification references the USDA Agricultural Marketing Service's
Commercial Item Description for Yogurt, which includes the following:
``6.1.2. High protein. Shall conform to the Standard of Identity for
yogurt (21 CFR 131.200), lowfat yogurt (21 CFR 131.203), or nonfat
yogurt (21 CFR 131.206) and shall meet the FDA requirements for a
``high'' nutrient content claim for protein (21 CFR 101.54(b)(1)).''
\30\ In addition, USDA`s Agricultural Marketing Service is currently
updating the yogurt specification to include added sugars limits, and
the specifications are expected to continue directly referencing FDA's
definition of ``high'' for nutrient content claims.
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\30\ USDA Agriculture Marketing Service, Commercial Item
Description: Yogurt. Available at: https://www.ams.usda.gov/sites/default/files/media/CID%20Yogurt.pdf.
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Public input in response to this Request for Information may inform
future FNS policymaking related to how high-protein yogurt (including
some Greek and Greek-style yogurt) credits toward meal pattern
requirements (i.e., if a separate standard from regular yogurt is
warranted) and, if so, how Program operators can identify high-protein
yogurt.
List of Questions for Commenters
FNS is committed to finding ways to ease menu planning for Program
operators and ensure that children and adult participants have access
to a wide array of nutritious food and beverage choices. Staying up to
date with the evolving food environment through ongoing conversations
with stakeholders helps FNS learn about additional food options that
could improve Program menus. With these general interests in mind, FNS
is seeking information on the following questions:
Grain-Based Desserts
Although FNS has taken recent action to reduce added sugars in
school meals,\31\ the Agency appreciates the importance of providing
more guidance and support to CNP menu planners working to reduce added
sugars. FNS welcomes input on the questions below, as well as other
suggestions and strategies to help reduce added sugars on CNP menus.
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\31\ The final rule, Child Nutrition Programs: Meal Patterns
Consistent With the 2020-2025 Dietary Guidelines for Americans (89
FR 31962, April 25, 2024) established product-based added sugars
limits for milk, yogurt, and breakfast cereals that are effective
July 1, 2025. Additionally, a weekly standard limiting added sugars
in SBP and NSLP meals to no more than 10 percent of calories takes
effect on July 1, 2027. Additional information is available at:
https://www.govinfo.gov/content/pkg/FR-2024-04-25/pdf/2024-08098.pdf.
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Current Policies and Potential Alternatives for Grain-Based Desserts
Certain grain products, including cookies, cakes, cereal bars, and
toaster pastries, are categorized as grain-based desserts based on
their characteristics. FNS' current policy related to grain-based
desserts is detailed in The Food Buying Guide for Child Nutrition
Programs, Exhibit A. FNS is interested in public input on its current
grain-based desserts policies and other approaches that partners
recommend for reducing added sugars in the CNPs.
1. What challenges do Program operators face in identifying grain-
based desserts, under the current policies?
2. Is the current NSLP policy that permits up to two ounce
equivalents of grain-based desserts per week effective at reducing
added sugars in school lunches?
a. The weekly added sugars limit for NSLP will be implemented by
July 1, 2027. Will the current grain-based dessert limit for NSLP lunch
still be helpful for menu planning purposes, once the weekly added
sugars limit is implemented?
3. Should FNS adjust its current grain-based desserts policies,
such as changing which grain products are categorized as grain-based
desserts?
[[Page 104970]]
Input on Grains High in Added Sugars
In addition to potential changes to its current grain-based
desserts policies, FNS is also interested in public input on
alternative approaches that partners recommend to reduce added sugars
in CNP meals. This includes seeking public input on grain products high
in added sugars.
1. Should FNS consider alternative approaches to its current grain-
based desserts policies, such as replacing these policies with limits
for ``grains high in added sugars''?
2. If FNS were to establish limits for ``grains high in added
sugars,'' how should the limits be established?
a. Should FNS adopt FDA's definition for ``high'' for nutrient
content claims used on food labels to define ``grains high in added
sugars''? What are the benefits or limitations of this approach?
b. What opportunities and challenges could arise from having
different limits for grains offered to children ages one through three,
versus children and adults ages four and older?
c. What other approaches should FNS consider to define ``grains
high in added sugars''?
Strategies To Reduce Added Sugars at School Breakfast
FNS recognizes the specific challenges with reducing added sugars
in school breakfast. The Agency invites public input on effective
strategies to reduce added sugars at breakfast, including when using
alternative school breakfast models.
1. Are there strategies for reducing added sugars in the SBP that
would support menu planners offering a variety of grains in alternative
SBP service models (e.g., grab-and-go breakfasts, breakfast in the
classroom)?
2. What menu items are schools serving to reduce added sugars at
breakfast? Examples may include protein foods (e.g., eggs; meat; tofu;
beans, peas, and lentils) or others.
a. Please share examples of breakfast menu items lower in added
sugars that are popular with students.
3. What additional resources from FNS could help Program operators
reduce added sugars in CNP menus, including breakfast? Resources could
include marketing ideas/materials, menu planners, online trainings and
courses, and others.
High-Protein Yogurt Crediting
Currently, all yogurt credits the same in CNPs: four ounces
(weight) or 1/2 cup (volume) of yogurt is one ounce equivalent of meat
alternate. FNS invites public comments to determine if different
crediting is warranted for different types of yogurt, including high-
protein yogurt, which may include Greek and/or Greek-style yogurt.
Responses may help FNS determine how to define and credit high-protein
yogurt in the CNPs.
Current Policies
Currently, four ounces (weight) or 1/2 cup (volume) of yogurt
credits in the CNPs as one ounce equivalent of meat alternate. High-
protein yogurt (which may include Greek and Greek-style yogurt) credits
the same as regular yogurt.
1. Are Program operators currently offering Greek or Greek-style
yogurt, or other types of yogurt that contain more protein than regular
yogurt, as part of reimbursable meals or snacks?
a. To which age groups and in which meals are these types of yogurt
offered?
b. How frequently are these types of yogurt offered?
c. Are these types of yogurt popular with participants? Are they
more popular than regular yogurt?
2. If Program operators are not offering Greek or Greek-style
yogurt, or other types of yogurt that contain more protein than regular
yogurt, as frequently as desired, why not? What are the challenges with
offering these types of yogurt?
3. Has high-protein yogurt available via USDA Foods in Schools
helped school Program operators offer high-protein yogurt to
participants?
a. Is high-protein yogurt incorporated into meals, particularly
breakfast, in the same manner as traditional yogurt? Please share
examples of how high-protein yogurt is used in menus and/or recipes;
are traditional and high-protein yogurt used interchangeably or are
there novel uses for high-protein yogurt in school meals?
Potential Alternatives
FNS is interested in public input on potential changes to the
current yogurt crediting policies, including what changes would be
beneficial to Program operators and participants, and any challenges
associated with potential changes.
1. Should FNS create a separate crediting standard for high-protein
yogurt that is different than the crediting standard for regular
yogurt? Why or why not?
2. If high-protein yogurt contributes differently to the CNP meal
patterns than regular yogurt, how should high-protein yogurt be
credited? Be as specific as possible, such as the volume or weight
needed.
3. If high-protein yogurt were to contribute differently to the CNP
meal patterns than regular yogurt, should FNS adopt FDA's definition of
``high'' for nutrient content claims used on food labels to define
high-protein yogurt?
a. What are the benefits or limitations of this approach?
b. What opportunities or challenges could arise from having
different limits for high-protein yogurt offered to children ages one
through three, versus children and adults ages four and older?
4. If high-protein yogurt contributes differently to the CNP meal
patterns than regular yogurt, should USDA place any limits on the types
of yogurt that can qualify as high-protein yogurt?
a. Should changes be limited to any specific type of high-protein
yogurt?
b. Should yogurt that is thickened by adding thickening agents
(e.g., polysaccharides or optional dairy ingredients) credit
differently in CNPs? If yes, what implications might that approach have
on the requirement for Program operators to plan CNP menus using food-
based menu planning?
c. Should changes include plant-based yogurt alternatives (e.g.,
soy-based yogurt alternatives)?
5. What other approaches should USDA consider for how to define and
credit high-protein yogurt?
Additional Input
FNS welcomes additional input on its current yogurt crediting
policies, potential alternatives for high-protein yogurt, and other
feedback from partners.
Disclaimers: This is a Request for Information. This is not a
Request for Proposals or a Request for Applications and is not to be
construed as a commitment by the U.S. Government to issue any
solicitation or Notice of Funding Opportunity, or ultimately award a
contract or assistance agreement based on this Request for Information,
or to pay for any information voluntarily submitted as a result of this
request. The USDA posts its competitive business opportunities on
www.grants.gov. It is the potential offeror's/applicant's
responsibility to monitor these sites for announcements of new
opportunities. Please note that responding to this Request for
Information will not give any advantage to any organization or
individual in any subsequent competition. Responses may be used by USDA
without restriction or limitation, therefore proprietary information
should not be sent. Furthermore, this Request for Information does not
mean and should not be construed to suggest that FNS will change meal
pattern requirements
[[Page 104971]]
or food crediting. The current CNP meal pattern requirements and food
crediting were established in alignment with the existing statutory and
regulatory framework. FNS seeks public input to properly assess the
feasibility of potentially pursuing an update to guidance, technical
assistance resources, and food crediting in the future. If data
compelling FNS is available, the Agency would take such information
into account as it considers the range of factors relevant to meal
pattern requirements and food crediting.
Collection of Information Requirements: This document does not
impose information collection requirements, that is, reporting,
recordkeeping or third-party disclosure requirements. However, this
document does contain a general solicitation of comments in the form of
a request for information. In accordance with implementing regulations
of the Paperwork Reduction Act of 1995, specifically 5 CFR
1320.3(h)(4), this general solicitation is exempt from the Paperwork
Reduction Act. Facts or opinions submitted in response to general
solicitations of comments from the public, published in the Federal
Register or other publications, regardless of the form or format
thereof, provided that no person is required to supply specific
information pertaining to the commenter other than that necessary for
self-identification, as a condition of the Agency's full consideration,
are not generally considered information.
Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition
Service.
[FR Doc. 2024-30710 Filed 12-23-24; 8:45 am]
BILLING CODE 3410-30-P