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Requirement for Variety of Fluid Milk


Nutrition Services Division Management Bulletin

To: School Nutrition Program Sponsors

Number: 05-105

Attention: Food Service Director

Date: April 2005

Subject: Final Rule: Requirement for Variety of Fluid Milk in Reimbursable Meals

Reference: Title 7, Code of Federal Regulations, Part 210.10 U.S. Department of Agriculture School Programs Policy Memo 05-10

This Management Bulletin announces the publication of a United States Department of Agriculture Final Rule amending Title 7, Code of Federal Regulations (7 CFR ), Part 210, National School Lunch Program. The Child Nutrition and WIC Reauthorization Act of 2004 requires that schools offer fluid milk with meals in a variety of fat contents. The requirement for consistency with prior year preferences was removed.

This new requirement is effective July 1, 2005.

What Specific Changes Does This Rule Make?
  • It removes the requirement in 7 CFR 210.10 (m)(1)(i) that the types of fluid milk that schools offer be consistent with the types consumed in the previous year, and instead requires that schools offer milk in a variety of fat contents.
  • It codifies the authority for schools to offer flavored or unflavored fluid milk as well as lactose-free fluid milk. Schools had already been authorized to offer these varieties, but this rule makes the schools' authority a part of the regulatory language.

This action is being finalized without prior notice or public comment because the amendments contained in this final rule are nondiscretionary in nature.

You may access this rule on the USDA Web site at http://www.fns.usda.gov/national-school-lunch-program-requirement-variety-fluid-milk-reimbursable-meals.

If you have any questions, please contact your Nutrition Services Division representative in the Field Services Unit at 916-445-0850 or 800-952-5609.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Monday, March 7, 2016
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