On May 8, 2027, the U.S. Department of Agriculture (USDA) released the Final Rule for Whole Milk for Healthy Kids Act of 2025. The USDA is also accepting public comments on the final rule.
The comment period is through June 8, 2026. Comments may be submitted by one of the following methods:
- Online on the Regulations.gov web page
or
- By mail to School Meals Policy Division, Food and Nutrition Service, 1320 Braddock Place, Alexandria, Virginia, 22314
Background
The final rule is effective Monday, June 8, 2026, and provides school food authorities (SFA) with the discretion to:
- serve reduced-fat (2 percent) and whole milk in the National School Lunch Program (NSLP), the School Breakfast Program (SBP), the Child and Adult Care Food Program, the Special Milk Program, and NSLP afterschool snacks per the following requirements:
- One (1) year old must be unflavored whole milk
- Two (2) to 5 years old must be unflavored whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk
- Six (6) and older and adults maybe unflavored and flavored whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk;
- One (1) year old must be unflavored whole milk
- sell unflavored and flavored reduced-fat (2 percent) and whole milk items as a compliant competitive beverage under the federal competitive food requirements, federally known as Smart Snacks in Schools; and
- exclude the saturated fat content of fluid milk from the weekly average calculations for NSLP and SBP when determining compliance with the federal meal pattern requirements.
If preschoolers are comingled or served at the same time as older children, USDA Policy Memo SP 37-2017 allows SFAs the flexibility to use one menu when preschoolers and kindergarten through grade five (K–5) students are comingled. When this is the case, SFAs may use the NSLP and SBP K–5 meal pattern to serve all comingled students. For any questions regarding this subject email the School Nutrition Programs Unit at SNPInfo@cde.ca.gov.
Note that the federally mandated added sugar product limits still apply and California Education Code Section 49431.5 does not permit whole or 2 percent milk to be sold as a competitive beverage by public school districts and county offices of education.
This final rule amends 7 Code of Federal Regulations (CFR) sections 210.10(d)(1)(i), 215.7a(a), 220.8(d), and 226.20(a)(1) of the regulatory text.
Additional Information
Visit the Regulations.gov website for more information on Expanding Fluid Milk Options in Child Nutrition Programs
.