Final Rule: Fluid Milk Substitutions

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1. Is there a nutrient requirement for fat in fluid milk substitutes?

   No. There are currently no regulatory levels established for total fat in fluid milk substitutes; however, the menu planner must not exceed the weekly maximum limits for calories, saturated fat, and sodium. Considering childhood obesity trends, we recommend using a low-fat fluid milk substitute as a benchmark for nutrient standards for fat.

2. Is there a nutrient requirement for sugar in fluid milk substitutes?

   No. Fluid milk substitutes are not required to meet the added sugars limit. However, effective School Year 2027–28, all meals offered during a school week, which include meals containing fluid milk substitutes cannot exceed the weekly average for added sugars limit (i.e., no more than 10 percent of calories from added sugars).

3. How should SFAs notify the CDE of their decision to offer a fluid milk substitute?

   If an SFA chooses to offer a fluid milk substitute for individual students without a disability who have a special dietary need and has found a product that meets the above FDA specified nutrient standards, the SFA completes, signs, and submits the Fluid Milk Substitutions Notification form (SNP-05) by email to SNPInfo@cde.ca.gov. The form is a one-time submission and remains in effect until the SFA changes its substitution policy for students with special dietary needs that are not disabilities. The SNP-05 form is available on the School Nutrition Programs Forms web page at https://www.cde.ca.gov/ls/nu/sn/fm.asp, as well as in the Download Forms section of the CNIPS.

4. If an SFA chooses not to offer a fluid milk substitute for students without a disability, does it have to notify the CDE?

   No. SFAs are not required to notify the CDE if they choose not to offer a fluid milk substitute for students without a disability.

5. What documentation do SFAs need to keep on file from parents requesting a fluid milk substitute?

   If an SFA chooses to offer a fluid milk substitute for students without a disability who have a special dietary need, the SFA may accept a written statement from the student’s parent or legal guardian. As required by 5 CCR, Section 15560, SFAs must have the parent or legal guardian complete, sign, and submit to the SFA the Parental Request for a Fluid Milk Substitution for School-Age Children form (SNP-26), explaining the student’s special dietary need.
   
   The SNP-26 form is available in the Download Forms section of the CNIPS.

   The written statement will remain in effect and on file with the SFA until the parent or legal guardian revokes such statement or until the SFA discontinues the fluid milk substitution option.

6. Can an SFA choose to offer a fluid milk substitute/nondairy beverage to all students under the NSLP?

   Yes. SFAs may choose to make fluid milk substitutes/nondairy beverages available to all students during the lunch meal service. If choosing to make these options available, SFAs will not be required to notify the CDE of their decision to offer fluid milk substitutes or be required to obtain written requests from parents, legal guardians, state licensed healthcare professionals, or RDs.

   If an SFA chooses not to offer nondairy beverages to all students, the SFA must notify the CDE and obtain written statements for the individuals requesting fluid milk substitutes.

7. Is juice an acceptable fluid milk substitution?

   Juice is only an acceptable fluid milk substitute if the student has a written medical statement from an RD or a state licensed healthcare professional documenting a disability, which requires juice to be substituted for milk.

   If the student does not have a documented disability, juice cannot be substituted for milk.

8. Is an SFA required to provide a fluid milk substitute?

   When the student has a written medical statement from an RD or a state licensed healthcare professional requesting a fluid milk substitute for a disability, the SFA must provide a fluid milk substitute.

   In addition to an RD and state licensed health care professional, a parent or legal guardian may provide the required written statement to request a fluid milk substitute for a disability reason. This is only permitted for the lunch meal service.

9. What are the current requirements for food substitutions for students with disabilities?

   The current regulations outlined in 7 CFR, sections 210.10(m) and 220.8(m) require that SFAs make food and beverage substitutions for students whose disabilities restrict their diet. The SFA must obtain a written medical statement completed and signed by an RD or a state licensed healthcare professional that meets the USDA criteria:

   • Describe the physical or mental impairment sufficiently in order for the SFA to understand how it restricts a student's diet

   • Explain what must be done to accommodate a student’s disability

   • Identify food or foods to be omitted from a student’s diet

   • Recommend food or choice of foods that must be substituted in a student’s meals
     

   The CDE developed the Medical Statement to Request Special Meals and/or Accommodations form (CNP-925) for an RD or state licensed healthcare professional to complete and sign.

   SFAs must make menu substitutions for students with properly documented disabilities.

   The CNP-925 form is available on the School Nutrition Programs Forms web page at https://www.cde.ca.gov/ls/nu/sn/fm.asp, as well as in the Download Forms section of the CNIPS.

10. Does the fluid milk substitute final rule apply to the Summer Food Service Program?

    No. Section 9(a)(2)(B) of the National School Lunch Act only addresses the substitution of milk in the School Nutrition Programs.
    
    However, it is allowable for a school that is operating a preschool or summer program and claiming under the SFSP to follow the milk substitution rule.