On January 14, 2026, the U.S. Department of Agriculture (USDA) posted new policy guidance SP 01-2026 Whole Milk for Healthy Kids Act of 2025 – Implementation Requirements for the National School Lunch Program
. This policy provides guidance to the amended Section 9[a][2][A] of the Richard B. Russell National School Lunch Act (42 United States Code Section 1758[a][2][A]) revising milk requirements under the National School Lunch Program (NSLP) and was effective immediately.
Note: Title 7 Code of Federal Regulations (CFR) sections 210.10(c) and (d) have not yet been amended. Additional guidance, training, and resources from the USDA and California Department of Education (CDE) are forthcoming.
Key Updates
Key updates to fluid milk requirements are highlighted below; only changes from existing policy are noted.
Fluid Milk Requirements - Options
School food authorities (SFA) may now choose to offer whole and reduced-fat (2 percent) fluid milk as a part of NSLP meal service only. The milk may be nonorganic or organic and flavored or unflavored.
Dietary Specifications
The saturated fat content of fluid milk served as a part of NSLP can be excluded when calculating the weekly percent of calories provided from saturated fat.
Fluid Milk Substitutes for Non-disability Reasons
SFAs offering nondairy beverages to all students are no longer required to:
- Notify the CDE of their decision to offer fluid milk substitutes to students for non-disability reasons.
- Obtain a written request from the student’s parent, guardian, state licensed healthcare professional, or registered dietitian to provide fluid milk substitutes for non-disability reasons.
- If an SFA chooses not to offer nondairy beverages to all students, the process for requesting a fluid milk substitute for a non-disability reason and reporting to the CDE is unchanged. (7 CFR Section 210.10[d][2])
Fluid Milk Substitutes for a Disability Reason
In addition to a registered dietitian and state licensed health care professional (physician, physician assistant, or nurse practitioner), a parent or legal guardian may provide the required written statement to request a fluid milk substitute for a disability reason.
Additional Information
For more information on CDE’s disability versus non-disability substitution requirements visit the CDE Milk Requirements in the Child Nutrition Programs web page.
Contact Information
If you have questions in the meantime, contact the School Nutrition Programs Unit at SNPInfo@cde.ca.gov.