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Final Rule: Fluid Milk Substitutions

This management bulletin updates and replaces USDA-CNP-04-2010, related to Fluid Milk Substitutions in School Nutrition Programs to align with the Final Rule.

Nutrition Services Division Management Bulletin

Purpose: Policy, Beneficial Information

To: School Nutrition Program and Summer Food Service Operators

Attention: Program Operators

Number: SNP-11-2024

Date: December 2024; Updated June 2025

Reference: Title 7, Code of Federal Regulations, sections 210.10(d)(2) and 220.8(d); U.S. Department of Agriculture (USDA) Final Rule (Federal Register Vol. 89, No. 81, April 25, 2024, pp. 31987-31988); USDA Policy Memorandum SP-01-2025 Fluid Milk Requirements for School Meals; USDA Food and Nutrition Service Policy Memorandum SP 07-2025; California Code of Regulations, Title 5, sections 15560 and 15562

Supersedes: Management Bulletin USDA-CNP-04-2010 "Final Rule Regarding Fluid Milk Substitutions"

Subject: Final Rule Regarding Fluid Milk Substitutions in School Nutrition Programs


This management bulletin provides regulatory updates regarding the allowability of accepting medical statements from registered dietitians (RD) as related to Fluid Milk Substitutions in School Nutrition Programs. This management bulletin also incorporates updated guidance for documenting fluid milk substitution requests to align with the requirements of the California Code of Regulations, Title 5 (5 CCR), Section 15560.

The USDA developed Questions and Answers (Q&A) to clarify various issues concerning the substitution of fluid milk in cases where a student’s special dietary need does not rise to the level of a disability. This management bulletin also aligns with the Federal Final Rule, published April 25, 2024, which updates long-term school nutrition requirements based on the goals of the Dietary Guidelines for Americans, 2020–2025 https://www.federalregister.gov/documents/2024/04/25/2024-08098/child-nutrition-programs-meal-patterns-consistent-with-the-2020-2025-dietary-guidelines-for.

Overview

The final rule:

  • Upholds the current National School Lunch Program and School Breakfast Program regulations regarding meal substitutions for students with disabilities.

  • Allows school food authorities (SFA) the option to offer fluid milk substitutes to students with dietary needs that are not disabilities.

  • Requires that nondairy beverages offered as fluid milk substitutes be nutritionally equivalent to fluid milk and provide specific levels of calcium, protein, vitamins A and D, magnesium, phosphorus, potassium, riboflavin, and vitamin B-12.

  • Allows SFAs to accept a written statement from a parent/guardian, an RD, or from a state licensed healthcare professional for a fluid milk substitution.

  • Permits an RD and the following state licensed healthcare professionals to complete and sign a written medical statement for a disability: licensed physicians, physician assistants, or nurse practitioners.

  • Continues to make SFAs responsible for substitution expenses that exceed the federal reimbursement.

  • Continues to allow lactose-free milk as part of the reimbursable meal to students who are lactose intolerant without requiring documentation.

  • Prohibits the substitution of juice for milk as part of a reimbursable meal to students without a disability.

  • Continues to allow the substitution of juice for milk as part of a reimbursable meal for students with a disability, and written and signed medical statement.
  • Allows schools to offer students organic milk or milk with a label indicating it was produced from cows not treated with hormones.

  • Allows schools that operate summer programs and claim meals under the Summer Food Service Program (SFSP) to follow this rule.

The Role of the School Food Authority

While offering fluid milk substitutions for students with special dietary needs that do not rise to the level of a disability is optional, it is encouraged. If the SFA chooses to make this accommodation, then the SFA is responsible for:

  • Offering fluid milk substitutes that meet the nutrient standards outlined in the final rule.

  • Notifying the California Department of Education (CDE) of your decision to offer a fluid milk substitute. See Question 3 below in the Questions and Answers section for more information on how to notify the CDE.

  • Obtaining a written statement from the student's parent or legal guardian, an RD, or a state licensed healthcare professional documenting the request for a fluid milk substitute.

  • Paying for substitution expenses that exceed the federal meal reimbursement rate without charging students a higher price to cover the costs.

Nutrient Standards for Fluid Milk Substitutes

If SFAs choose to offer a fluid milk substitute for students with special dietary needs that are not disabilities, the nondairy beverage must be fortified in accordance with fortification guidelines issued by the Food and Drug Administration (FDA) and provide the nutrients listed in the following table:

Nutrient▲▼ Per cup (8 fl. oz.)▲▼
Calcium 276 milligrams (mg)
Protein 8 grams (g)
Vitamin A 500 International Units (IU) or 150 micrograms (mcg) retinol activity equivalents (RAE)
Vitamin D 100 IU or 2.5 mcg
Magnesium 24 mg
Phosphorus 222 mg
Potassium 349 mg
Riboflavin 0.44 mg
Vitamin B-12 1.1mcg

Questions and Answers

Expand All | Collapse All

  1. Is there a nutrient requirement for fat in fluid milk substitutes?
  2. Is there a nutrient requirement for sugar in fluid milk substitutes?
  3. How should SFAs notify the CDE of their decision to offer a fluid milk substitute?
  4. If an SFA chooses not to offer a fluid milk substitute for students without a disability, does it have to notify the CDE?
  5. What documentation do SFAs need to keep on file from parents requesting a fluid milk substitute?
  6. Is juice an acceptable fluid milk substitution?
  7. Is an SFA required to provide a fluid milk substitute?
  8. What are the current requirements for food substitutions for students with disabilities?
  9. Does the fluid milk substitute final rule apply to the Summer Food Service Program?

Contact Information

If you have any questions regarding this management bulletin, please contact the appropriate Nutrition Services Division specialist for your agency.

School Nutrition Programs

If you have any questions regarding this subject, please contact the School Nutrition Programs Unit at SNPInfo@cde.ca.gov.

Summer Food Service Program

If you have any questions regarding this subject, please contact the Summer Meals Unit at SFSP@cde.ca.gov.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Monday, June 16, 2025
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