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Milk Requirements in the Child Nutrition Programs

This web page provides the milk requirements for the Child Nutrition Programs (CNP), including meal pattern requirements, types of milks to offer, substitutions, nutrient standards, policy guidance, frequently asked questions, and contacts.

Overview

Fluid milk is a required meal component in all of the CNPs, including the National School Lunch Program (NSLP), Seamless Summer Option (SSO), NSLP Afterschool Snack Program, School Breakfast Program (SBP), Summer Food Service Program (SFSP), and Special Milk Program. The definition of fluid milk is outlined in Title 21, Code of Federal Regulations (21 CFR), Section 131.110 External link opens in new window or tab.. The fluid milk requirements are based on the current Dietary Guidelines for Americans and can vary slightly by each CNP. Additionally, nondairy beverages offered as fluid milk substitutes, such as plant-based milk alternatives, may be offered

Note: There are separate requirements for selling milk or milk substitutes as a competitive beverage. For competitive beverage requirements, visit the California Department of Education's (CDE) Competitive Foods and Beverages web page.

Meal Pattern Requirements

For each CNP, the fluid milk requirements vary. Review the descriptions and use the links below for more information about each program’s requirement. Program operators may make accommodations for disability and non-disability reasons; refer to the Substitutions tab of this web page for more information.

Meal Pattern Description
NSLP Meal Pattern web page

In the NSLP, fluid milk is one of the five required components that program operators must offer students at lunch. At least two milk choices must be offered and must follow the age-based requirements listed below. Pasteurized, fluid types of whole, reduced-fat (2 percent), low-fat (1 percent) or fat-free milk that meet state and local standards and contain vitamins A and D at levels specified by the Food and Drug Administration (FDA) must be offered. Milk may be flavored or unflavored; if flavored milk is offered, it must not exceed the established limit for added sugars of no more than 10 grams of added sugar per 8 fluid ounces and the other milk choice offered must be unflavored. Allowable milk types by age are as follows:

  • One (1) years of age- unflavored whole milk only
  • Two to 5 years old- whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk; unflavored only
  • Six (6) years and older and adults- whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk; milk may be unflavored or flavored

Lactose-free and reduced-lactose fluid milk as well as cultured milk, acidified milk, and Ultra High Temperature milk are also allowed.

Additionally, the saturated fat content of milk offered as a part of the NSLP is not included in the weekly calculations determining the percent of calories from saturated fat as per Title 7, Code of Federal Regulations (7CFR) Section 210.10(b)(2)(ii).
SBP Meal Pattern web page

In the SBP, whole, reduced-fat (2 percent), low-fat (1 percent) or fat-free fluid milk must be one of the three components offered to students at breakfast. At least two milk choices must be offered and must follow the age-based requirements listed below. Pasteurized, fluid types of milk that meet state and local standards and contain vitamins A and D at levels specified by the FDA must be offered. Milk may be flavored or unflavored; if flavored milk is offered it must not exceed the established limit for added sugars of no more than 10 grams of added sugar per 8 fluid ounces and the other milk choice offered must be unflavored.

Allowable milk types by age are as follows: 

  • One (1) years of age- unflavored whole milk only
  • Two to 5 years old- whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk; unflavored only
  • Six (6) years and older and adults- whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk; milk may be unflavored or flavored

Lactose-free, and reduced-lactose fluid milk as well as cultured milk, acidified milk, and Ultra High Temperature milk are also allowed.

Additionally, the saturated fat content of milk offered as a part of the SBP is not included in the weekly calculations determining the percent of calories from saturated fat as per 7 CFR Section 220.8(b)(2)(ii).

Serving Afterschool Snacks web page

In the Afterschool Snack Program, fluid milk, is one of five food components that can be served. Program operators must select two of the five components for a reimbursable snack. When milk is served as a snack component, it is not required that program operators offer a variety of milk choices. Fluid milk cannot be served when juice is the only other food component available. (7 CFR Section 210.10)

Allowable milk types by age are as follows: 

  • One (1) years of age- unflavored whole milk only
  • Two to 5 years old- whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk; unflavored only
  • Six (6) years and older and adults- whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk; milk may be unflavored or flavored
Lactose-free and lactose-reduced milk as well as cultured milk, acidified milk, and Ultra High Temperature milk are also allowed.
SFSP Meal Pattern web page External link opens in new window or tab.

In the SFSP, school food authorities that are program operators of the NSLP/SBP may substitute the SFSP Meal Pattern with the NSLP/SBP meal pattern (above). 7 CFR 225.16(f)(1)(i)

However, if the program operator only operates the SFSP, then the SFSP meal pattern must be implemented, and only one type of milk, whole, reduced-fat (2 percent), low-fat (1 percent) or fat-free, needs to be offered. Pasteurized, fluid types of milk that meet state and local standards and contain vitamins A and D at levels specified by the FDA must be offered. Milk may be flavored or unflavored. Lactose-free and lactose-reduced milk as well as cultured milk, acidified milk, and Ultra High Temperature milk are also allowed.

SSO web page In the SSO, program operators use the NSLP and SBP meal patterns (above). Title 42 United States Code Section 1761[a][8]
Special Milk Program web page

In the Special Milk Program, only one type of fluid milk needs to be offered. The age of the children being served will dictate the allowable fat content of the fluid milk offered and whether or not flavored milk is permitted. 7 CFR Part 215

As per 7 CFR Section 215.7a(a), all fluid milk served in the Special Milk Program must be pasteurized, meet State and local standards and contain vitamins A and D at levels specified by the FDA.

  • One (1) years of age- unflavored whole milk only
  • Two to 5 years old- whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk; unflavored only
  • Six (6) years and older and adults- whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk; milk may be unflavored or flavored

Lactose-free and reduced-lactose fluid milk as well as cultured milk, acidified milk, and Ultra High Temperature milk are also allowed.

Requirements for Types of Milks Offered

Program operators must offer children pasteurized, fluid types of milk that meet state and local standards and contain vitamins A and D at levels specified by the Food and Drug Administration.

On May 8, 2026, the U.S. Department of Agriculture (USDA) released the Expanding Fluid Milk Options in Child Nutrition Programs Final Rule (91 FR 25073); with an effective date of June 8, 2026, this final rule provides program operators the flexibility to:

  • Serve reduced-fat (two percent) and whole milk, in addition to fat-free and low-fat (one percent) fluid milk in the National School Lunch Program (NSLP), the School Breakfast Program (SBP), the Special Milk Program, and NSLP afterschool snack program per the following requirements:

    • One (1) year old children must be served unflavored whole milk

    • Children aged two (2) to 5 years old must be served unflavored whole, reduced-fat (two percent), low-fat (one percent), or fat-free milk

    • Children ages six (6) and older and adults may be served unflavored or flavored whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk;

  • Exclude the saturated fat content for milk served as an NSLP or SBP meal component from the calculations to determine the percent of weekly calories from saturated fat.

These flexibilities build on the existing flexibilities that program operators have to offer the following fluid milk options as long as they adhere to state and federal requirements:

  • Lactose-free, and reduced-lactose fluid milk
  • Organic milk or milk with a label indicating it was produced from cows not treated with hormones
  • Cultured milk, such as cultured buttermilk, cultured kefir milk, and cultured acidophilus milk
  • Acidified milk, such as acidified kefir milk and acidified acidophilus milk
  • Ultra High Temperature (UHT) milk
  • Fluid milk substitutes including plant-based milk alternatives such as soymilk

These flexibilities are in addition to the existing requirements for SBP, NSLP, and SSO that:

  • At least two types of milk must be offered

  • If flavored milk is offered, then unflavored milk must also be available at the meal service

  • Flavored milk must contain no more than 10 grams of added sugar per 8 fluid ounces; flavored milk is not allowable for children 5 years and under.

Information regarding vitamin A and D level requirements is located on the Nutrient Standards tab.

For more information visit the Substitutions tab of this web page.

Milk Substitutes

Nondairy beverages offered as fluid milk substitutes, such as plant-based milk alternatives, may be offered in the CNPs to accommodate disability and non-disability related requests.

Fluid Milk Substitutes for Disability Reasons

Overview

If a child requests a fluid milk substitute due to a disability, it must be accommodated once the program operator is provided a written medical statement that addresses the need; program operators, however, are encouraged to provide accommodations as soon as they are notified of the request. Written medical statements may be completed and signed by a registered dietitian (RD) or one of the following state licensed healthcare professionals – physician, physician assistant, or nurse practitioner. For NSLP only, a parent or guardian may provide a written statement for a child’s disability related request for a fluid milk substitute. (USDA FNS Policy Memorandum SP 01-2026)

If a medical statement does not fully explain the modification needed, the program operator should immediately contact the child’s parent or guardian for guidance and ask the family to provide an amended medical statement as soon as possible. However, clarification of the medical statement should not delay the program operator from providing the modification. Program operators should follow the portion of the medical statement that is clear and unambiguous to the greatest extent possible, while obtaining the additional information.

Program operators must ensure that parents, guardians, and children have notice of the procedure for requesting meal modifications for disabilities and the process for procedural safeguards related to meal modifications for disabilities.

Note that if expenses incurred when making meal modifications exceed program reimbursement rates, costs may be paid from the nonprofit food service account.

Documentation

Program operators must offer fluid milk substitutes to students for: (1) Disabilities, or (2) Medical needs, when:

  • An RD or a state licensed healthcare professional (licensed physician, physician assistant, or nurse practitioner) completes and signs the CDE Medical Statement to Request Special Meals and/or Accommodations form (CNP-925).

    • The CNP-925 form is located in the Download Forms Section of the Child Nutrition Information and Payment System (CNIPS).

  • For NSLP only, it is allowable for a parent or legal guardian to provide a written statement for a child’s disability related request for a fluid milk substitute (USDA FNS Policy Memorandum SP 01-2026).

    • If a parent or legal guardian would like to request a fluid milk substitution at NSLP lunch for their child whose disability affects their diet, they must submit a signed Parental Request for a Fluid Milk Substitution form (SNP-26) to the program operator.

    • The SNP-26 form is located in the Download Forms Section of the CNIPS

  • Written medical statements must be maintained on file to support the necessary accommodation.  Written statements from parents must be kept on file until the parent or legal guardian revokes the statement.

  • Program operators are not required to submit the statements or forms to the CDE.

Substitutes for Non-disability Reasons

Overview

If a child has a non-disability reason for a fluid milk substitute, such as personal preference or religious need, program operators have the discretion and are encouraged to offer one upon request; however, one must be offered once the appropriate forms are completed and submitted. The fluid milk substitute that is offered must meet the nutritional specifications identified on the Nutrient Standards tab of this web page but does not necessarily need to be the substitute requested.

If a program operator chooses to offer nondairy beverages to all students at NSLP lunch only, they are no longer required to notify the CDE that it is serving nondairy beverages and students who request a fluid milk substitute for a non-disability reason are no longer required to submit a written statement requesting one.

For more information regarding meal modifications for disabilities, visit the Disability Modifications Including Food Allergies web page.

Documentation

Program operators are given the discretion to offer fluid milk substitutes to students for (1) Medical and (2) Special Dietary needs, (related to religious or moral convictions or personal preference, for example), when:

  • The program operator has found a product that meets the Food and Drug Administration specified nutrient standards;

    • Nutrition information must be maintained on file

  • Prior to providing a fluid milk substitute for a non-disability reason, a school food authority has obtained a written request from the student's parent or guardian, a State licensed physician, physician assistant, or nurse practitioner, or a registered dietitian that identifies the reason for the substitute.

    • The parent or guardian completes, signs, and returns the Parental Request for Fluid Milk Substitution for School-age Children form (SNP-26), located in the Download Forms Section of the CNIPS.

    • An electronic signature is acceptable on this form.

    • Keep this written statement on file until the parent or legal guardian revokes the statement.

  • When providing a student a fluid milk substitute for non-disability reasons, program operators must notify the CDE by emailing a completed and signed Fluid Milk Substitutions Notification form (SNP-05) to SNPInfo@cde.ca.gov.

    • The SNP-05 form is only required to be submitted once and will remain in effect until the program operator changes its fluid milk substitution policy.

    • The SNP-05 form is located in the Download Forms Section of the CNIPS.

  • When offering nondairy beverages to all students at NSLP lunch only:

    • Program operators are no longer required to notify the CDE that it is serving nondairy beverages

    • Students who request a fluid milk substitute for a non-disability reason are no longer required to submit a written statement requesting a nutritionally equivalent fluid milk substitute.

For more information on the program operator's role in providing milk substitutions, visit the CDE Final Rule: Fluid Milk Substitutions Management Bulletin SNP-11-2026 web page.

Nutrient Standards for Fluid Milk and Substitutes

A program operator who offers a milk substitute to a student for disability reasons and has the Special Meals and/or Accommodations form on file, is required to provide the substitute that is requested by the RD or state licensed healthcare professional (licensed physician, physician assistant, or nurse practitioner). For NSLP lunch service only, it is also allowable for a parent or legal guardian to provide a written statement for a child’s disability related request for a fluid milk substitute.

If a program operator offers a milk substitute to a student for non-disability reasons, the nondairy beverage must provide the nutrients listed in the following table:

Nutrient Per one (1) cup (8 ounces)
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 1.1 mcg

Note that the added sugar limits for flavored milk effective July 1, 2025, do not apply to non-dairy fluid milk substitutes.

Policy Guidance

The U.S. Department of Agriculture (USDA) and CDE have issued the following policy memoranda related to milk requirements.

Frequently Asked Questions (FAQs)

The CDE Nutrition Services Division (NSD) is providing Frequently Asked Questions (FAQs) to help clarify common questions regarding milk requirements in the CNPs.

Expand All | Collapse All

Can schools use bulk milk dispensers, also called steel cows, to provide the milk component to students during meal service?

Yes. Schools may use bulk milk dispensers to provide milk to their students during meal service. Regulations do not mandate any specific type of packaging for milk served as part of the reimbursable meal, nor do they restrict the ability of schools to use milk dispensers. Schools may use these self-serve machines as long as they:

  • Offer at least two choices of fluid milk that meet the meal pattern guidelines

  • Take steps to ensure that children receive the required 8 fluid ounce (oz) ounce serving when selecting milk, such as procuring cups that are greater than 8 (oz) to accommodate 8 (oz) of milk

  • Update and display signage indicating the components in a reimbursable meal

  • Update policy and procedures to include how food service staff will monitor or check that students receive the full 8 (oz) serving
Can fluid milk and fluid milk substitutes be sold as competitive beverages (beverages that are sold to students, on school campus, during the school day, and outside of the CNPs)?

Yes. Requirements for competitive beverages, including milk and milk substitutes, are different from requirements for the CNPs. For competitive beverage requirements, visit the CDE Competitive Foods and Beverages web page, select the Resources tab, and the applicable Quick Reference Card for competitive beverage requirements.

Is it an appropriate use of the food service account funds to offer milk, fluid milk substitutes, or plant-based milk as an a la carte item?

Schools may choose to offer a la carte milk at no charge to children who are certified as eligible for free meals, or at a price lower than the cost; this is an allowable use of school food service account funds. However, because milk offered outside of reimbursable meals is a non-program food, the school must generate adequate revenue from other non-program foods to offset the loss from milk so that the total revenue meets the requirements in Title 7 Code of Federal Regulations (7CFR) Section 210.14(f) regarding the sale of non-program foods.

Note also that when milk is sold as an a la carte item, it is considered a competitive beverage, and the competitive beverage standards apply. Review the FAQ, “Can fluid milk and fluid milk substitutes be sold as competitive beverages,” on this web page for additional guidance. For more information about nonprogram food requirements, refer to CDE Management Bulletin SNP 03-2024 Nonprogram Food – Consolidated Guidance, available at https://www.cde.ca.gov/ls/nu/sn/mbsnp032024.asp.

Is there a limit to the amount of added sugars that flavored milk, served as a part of a Child Nutrition Program (CNP) can contain?

Effective July 1, 2025, flavored milk served as a part of the NSLP, SBP, and SSO must contain no more than 10 grams of added sugars per 8 fluid ounces. Product-based added sugar limits for milk do not apply to the NSLP Afterschool Snacks Program, Summer Food Service Program, or the Special Milk Program.

How is fluid milk defined?

Fluid milk refers to pasteurized fat-free (skim) milk; low-fat (1 percent) milk; reduced-fat (2 percent) milk; whole milk; lactose-free milk; lactose-reduced milk; cultured milk, such as cultured buttermilk, cultured kefir milk, and cultured acidophilus milk; acidified milk, such as acidified kefir milk and acidified acidophilus milk; and Ultra High Temperature (UHT) milk, all of which meet State and local standards for such milk.

All fluid milk types offered in CNPs must be pasteurized and meet the Food and Drug Administration’s vitamin A and D levels for fortification, and be consistent with State and local milk standards.

What type of milk must be offered?

Allowable milk types in the CNPs by age are as follows: 

  • One (1) year old children must be served unflavored whole milk

  • Children aged two (2) to 5 years old must be served unflavored whole, reduced-fat (two percent), low-fat (one percent), or fat-free milk

  • Children ages six (6) and older and adults may be served unflavored or flavored whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free milk;

    • Recall product-based added sugar limits of no more than 10 grams of added sugars per 8 fluid ounces are in effect for NSLP, SBP, and SSO.

Nonorganic, organic, lactose-free or lactose-reduced, cultured milk, acidified milk, and Ultra High Temperature milk may also be offered.

All fluid milk types must be pasteurized and meet Food and Drug Administration’s vitamin A and D levels for fortification, and be consistent with State and local milk standards.

Refer to CNP meal patterns in the Meal Pattern Requirements of this tab to determine the number of types of milk that must be offered, if added sugar limits apply, as well as any additional program-specific requirement related to fluid milk.

How many types of fluid milk are required to be offered at lunch and breakfast?

For NSLP and SBP, Title 7 Code of Federal Regulations sections 210.10(d)(1)(i) and 220.8(d) requires that two different options of fluid milk to be offered at lunch and breakfast daily. The milk may be flavored or unflavored; if flavored milk is offered, then the other milk choice must be unflavored.

 

Contacts

If you have any questions regarding milk requirements for the CNPs, contact the School Nutrition Program Unit by email at SNPInfo@cde.ca.gov.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Thursday, October 01, 2026
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