81_FR_75882 81 FR 75671 - Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010; Corrections

81 FR 75671 - Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010; Corrections

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range75671-75683
FR Document2016-26339

This document contains technical corrections to the final rule published in the Federal Register on April 25, 2016, ``Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010.''

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016) 
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75671-75683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26339]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / 
Rules and Regulations

[[Page 75671]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210, 220, and 226

[FNS-2011-0029]
RIN 0584-AE18


Child and Adult Care Food Program: Meal Pattern Revisions Related 
to the Healthy, Hunger-Free Kids Act of 2010; Corrections

AGENCY: Food and Nutrition Service, USDA.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: This document contains technical corrections to the final rule 
published in the Federal Register on April 25, 2016, ``Child and Adult 
Care Food Program: Meal Pattern Revisions Related to the Healthy, 
Hunger-Free Kids Act of 2010.''

DATES: This document is effective November 1, 2016. Compliance with the 
provisions of this rule must begin October 1, 2017 except as otherwise 
noted in the final rule.

FOR FURTHER INFORMATION CONTACT: Andrea Farmer or Laura Carroll, Policy 
and Program Development Division, Child Nutrition Programs, Food and 
Nutrition Service, U.S. Department of Agriculture, 3101 Park Center 
Drive, Room 1206, Alexandria, Virginia 22302-1594; 703-305-2590.

SUPPLEMENTARY INFORMATION: The Food and Nutrition Service (FNS) 
published a final rule in the Federal Register, 81 FR 24348, on April 
25, 2016, to update the meal pattern requirements for the Child and 
Adult Care Food Program and extended several of the changes to the 
National School Lunch Program, School Breakfast Program, and Special 
Milk Program. The final rule included typographical errors in 7 CFR 
210.10(a)(1)(i), 220.8(a)(1), 220.8(o)(1), and 220.8(p)(1), the 
incorrect information for the serving size of yogurt in the infant meal 
pattern that appears in 7 CFR 210.10(q)(2), 220.8(p)(2), 
226.20(b)(4)(ii)(A) and 226.20(b)(5), and a technical error for offer 
versus serve in 7 CFR 226.20(o). In addition, FNS is correcting the 
breakfast cereal sugar limit. The final rule provided a sugar limit of 
no more than 6 grams of sugar per dry ounce (no more than 21 grams 
sucrose and other sugars per 100 grams of dry cereal). The intent of 
that limit was to be consistent with the Special Supplemental Nutrition 
Program for Woman, Infants, and Children (WIC). However, due to 
rounding, the breakfast cereal sugar limit in the final rule that 
appears in 7 CFR 210.10(o)(3)(ii), 210.10(o)(4)(ii), 210.10(p)(2), 
220.8(o)(2), 226.20(a)(4)(ii), 226.20(b)(5), and 226.20(c)(1) through 
226.20(c)(3) is inconsistent with WIC's breakfast cereal sugar limit of 
no more 21.2 grams of sucrose and other sugars per 100 grams of dry 
cereal. This correction amends the breakfast cereal sugar limit to 
align with WIC's breakfast cereal sugar limit and corrects the other 
errors described above. Note that the Special Milk Program regulations 
at 7 CFR part 215 were amended in the final rule, but no technical 
corrections are necessary in this amendment.

List of Subjects

7 CFR Part 210

    Children, Commodity School Program, Food assistance programs, 
Grants programs--social programs, National School Lunch Program, 
Nutrition, Reporting and recordkeeping requirements, Surplus 
agricultural commodities.

7 CFR Part 220

    Grant programs--education, Grant programs--health, Infants and 
children, Nutrition, Reporting and recordkeeping requirements, School 
breakfast and lunch programs.

7 CFR Part 226

    Accounting, Aged, American Indians, Day care, Food assistance 
programs, Grant programs, Grant programs-- health, Individuals with 
disabilities, Infants and children, Intergovernmental relations, Loan 
programs, Reporting and recordkeeping requirements, Surplus 
agricultural commodities.

    Accordingly, 7 CFR parts 210, 220, and 226 are corrected by making 
the following correcting amendments:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

0
1. The authority citation for part 210 continues to read as follows:

    Authority: 42 U.S.C. 1751-1760, 1779.

0
2. In Sec.  210.10:
0
a. Revise the fourth sentence in paragraph (a)(1)(i);
0
b. Revise the table in paragraph (o)(3)(ii);
0
c. Revise the table in paragraph (o)(4)(ii);
0
d. Revise the table in paragraph (p)(2); and
0
e. Revise the table in paragraph (q)(2).
    The revisions read as follows:


Sec.  210.10  Meal requirements for lunches and requirements for 
afterschool snacks.

    (a) * * *
    (1) * * *
    (i) * * * Schools offering lunches to children ages 1 through 4 and 
infants must meet the meal pattern requirements in paragraphs (p) and 
(q), as applicable, of this section. * * *
* * * * *
    (o) * * *
    (3) * * *
    (ii) * * *

[[Page 75672]]

[GRAPHIC] [TIFF OMITTED] TR01NO16.140


    (4) * * *
    (ii) * * *


[[Page 75673]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.141


    (p) * * *
    (2) * * *
    (q) * * *
    (2) * * *


[[Page 75674]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.142


[[Page 75675]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.143


PART 220--SCHOOL BREAKFAST PROGRAM

0
3. The authority citation for part 220 continues to read as follows:

    Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.


0
4. In Sec.  220.8:
0
a. Revise the fourth sentence in paragraph (a)(1).
0
b. Revise paragraph (o)(1);
0
c. Revise the table in paragraph (o)(2);
0
d. Revise paragraph (p)(1); and
0
e. Revise the table in paragraph (p)(2).
    The revisions read as follows:


Sec.  220.8  Meal requirements for breakfasts.

    (a) * * *
    (1) * * * Schools offering breakfasts to children ages 1 to 4 and 
infants must meet the meal pattern requirements in paragraphs (o) and 
(p), as applicable, of this section. * * *
* * * * *
    (o) * * *
    (1) Breakfasts served to preschoolers. Schools serving breakfast to 
children ages 1 through 4 under the School Breakfast Program must serve 
the meal components and quantities required in the breakfast meal 
pattern established for the Child and Adult Care Food Program under 
Sec.  226.20(a), (c)(1), and (d) of this chapter. In addition, schools 
serving breakfasts to this age group must comply with the requirements 
set forth in paragraphs (a), (c)(3), (g), (k), (l), and (m) of this 
section as applicable.

[[Page 75676]]

    (2) * * *

    [GRAPHIC] [TIFF OMITTED] TR01NO16.144
    

    (p) * * *
    (1) Breakfasts served to infants. Schools serving breakfasts to 
infants ages birth through 11 months under the School Breakfast Program 
must serve the food components and quantities required in the breakfast 
meal pattern established for the Child and Adult Care Food Program, 
under Sec.  226.20(a), (b), and (d) of this chapter. In addition, 
schools serving breakfasts to infants must comply with the requirements 
set forth in paragraphs (a), (c)(3), (g), (k), (l), and (m) of this 
section as applicable.
    (2) * * *


[[Page 75677]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.145


PART 226--CHILD AND ADULT CARE FOOD PROGRAM

0
5. The authority citation for part 226 continues to read as follows:

    Authority: Secs. 9, 11, 14, 16, and 17, Richard B. Russell 
National School Lunch Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 
1765 and 1766).


0
6. In Sec.  226.20:
0
a. Revise the second sentence in paragraph (a)(4)(ii);
0
b. Amend the first sentence in paragraph (b)(4)(ii)(A) by removing the 
words ``0 to 8 ounces'' and adding in their place the words ``0 to 4 
ounces'';
0
c. Revise the table in paragraph (b)(5);
0
d. Revise the table in paragraph (c)(1);
0
e. Revise the table in paragraph (c)(2);
0
f. Revise the table in paragraph (c)(3); and
0
g. Revise paragraph (o).
    The revisions read as follows:


Sec.  226.20  Requirements for meals.

    (a) * * *
    (4) * * *
    (ii) * * * Breakfast cereals must contain no more than 6 grams of 
sugar per dry ounce (no more than 21.2 grams sucrose and other sugars 
per 100 grams of dry cereal).
* * * * *
    (b) * * *
    (5) * * *


[[Page 75678]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.146


    (c) * * *
    (1) * * *


[[Page 75679]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.147


    (2) * * *


[[Page 75680]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.148


[[Page 75681]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.149


    (3) * * *


[[Page 75682]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.150


[[Page 75683]]


[GRAPHIC] [TIFF OMITTED] TR01NO16.151

* * * * *
    (o) Offer versus serve. (1) Each adult day care center and at-risk 
afterschool program must offer its participants all of the required 
food servings as set forth in paragraphs (c)(1) and (c)(2) of this 
section. However, at the discretion of the adult day care center or at-
risk afterschool program, participants may be permitted to decline:
    (i) For adults. (A) One of the four food items required at 
breakfast (one serving of fluid milk; one serving of vegetable or 
fruit, or a combination of both; and two servings of grains, or meat or 
meat alternates);
    (B) Two of the five food components required at lunch (fluid milk; 
vegetables; fruit; grain; and meat or meat alternate); and
    (C) One of the four food components required at supper (vegetables; 
fruit; grain; and meat or meat alternate).
    (ii) For children. Two of the five food components required at 
supper (fluid milk; vegetables; fruit; grain; and meat or meat 
alternate).
    (2) In pricing programs, the price of the reimbursable meal must 
not be affected if a participant declines a food item.
* * * * *

    Dated: October 24, 2016.
Telora T. Dean,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2016-26339 Filed 10-31-16; 8:45 am]
 BILLING CODE 3410-30-P

75671 Rules and Regulations Federal Register Vol. 81, No. 211 Tuesday, November 1, 2016 This section of the FEDERAL REGISTER meal pattern requirements for the Child 7 CFR Part 220 contains regulatory documents having general and Adult Care Food Program and applicability and legal effect, most of which Grant programs—education, Grant extended several of the changes to the are keyed to and codified in the Code of programs—health, Infants and children, National School Lunch Program, School Federal Regulations, which is published under Nutrition, Reporting and recordkeeping Breakfast Program, and Special Milk 50 titles pursuant to 44 U.S.C. 1510. requirements, School breakfast and Program. The final rule included lunch programs. The Code of Federal Regulations is sold by typographical errors in 7 CFR the Superintendent of Documents. Prices of 210.10(a)(1)(i), 220.8(a)(1), 220.8(o)(1), 7 CFR Part 226 new books are listed in the first FEDERAL and 220.8(p)(1), the incorrect REGISTER issue of each week. Accounting, Aged, American Indians, information for the serving size of Day care, Food assistance programs, yogurt in the infant meal pattern that Grant programs, Grant programs— appears in 7 CFR 210.10(q)(2), DEPARTMENT OF AGRICULTURE health, Individuals with disabilities, 220.8(p)(2), 226.20(b)(4)(ii)(A) and Infants and children, Intergovernmental 226.20(b)(5), and a technical error for Food and Nutrition Service relations, Loan programs, Reporting and offer versus serve in 7 CFR 226.20(o). In recordkeeping requirements, Surplus addition, FNS is correcting the breakfast 7 CFR Parts 210, 220, and 226 agricultural commodities. cereal sugar limit. The final rule [FNS–2011–0029] provided a sugar limit of no more than Accordingly, 7 CFR parts 210, 220, 6 grams of sugar per dry ounce (no more and 226 are corrected by making the RIN 0584–AE18 following correcting amendments: than 21 grams sucrose and other sugars Child and Adult Care Food Program: per 100 grams of dry cereal). The intent PART 210—NATIONAL SCHOOL Meal Pattern Revisions Related to the of that limit was to be consistent with LUNCH PROGRAM Healthy, Hunger-Free Kids Act of 2010; the Special Supplemental Nutrition Corrections Program for Woman, Infants, and ■ 1. The authority citation for part 210 Children (WIC). However, due to continues to read as follows: AGENCY: Food and Nutrition Service, rounding, the breakfast cereal sugar USDA. limit in the final rule that appears in 7 Authority: 42 U.S.C. 1751–1760, 1779. ACTION: Correcting amendments. CFR 210.10(o)(3)(ii), 210.10(o)(4)(ii), ■ 2. In § 210.10: 210.10(p)(2), 220.8(o)(2), 226.20(a)(4)(ii), ■ a. Revise the fourth sentence in SUMMARY: This document contains technical corrections to the final rule 226.20(b)(5), and 226.20(c)(1) through paragraph (a)(1)(i); published in the Federal Register on 226.20(c)(3) is inconsistent with WIC’s ■ b. Revise the table in paragraph April 25, 2016, ‘‘Child and Adult Care breakfast cereal sugar limit of no more (o)(3)(ii); Food Program: Meal Pattern Revisions 21.2 grams of sucrose and other sugars ■ c. Revise the table in paragraph Related to the Healthy, Hunger-Free per 100 grams of dry cereal. This (o)(4)(ii); Kids Act of 2010.’’ correction amends the breakfast cereal ■ d. Revise the table in paragraph (p)(2); sugar limit to align with WIC’s breakfast and DATES: This document is effective cereal sugar limit and corrects the other ■ e. Revise the table in paragraph (q)(2). November 1, 2016. Compliance with the errors described above. Note that the The revisions read as follows: provisions of this rule must begin Special Milk Program regulations at 7 October 1, 2017 except as otherwise CFR part 215 were amended in the final § 210.10 Meal requirements for lunches noted in the final rule. rule, but no technical corrections are and requirements for afterschool snacks. FOR FURTHER INFORMATION CONTACT: necessary in this amendment. (a) * * * Andrea Farmer or Laura Carroll, Policy and Program Development Division, List of Subjects (1) * * * Child Nutrition Programs, Food and (i) * * * Schools offering lunches to 7 CFR Part 210 children ages 1 through 4 and infants Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Children, Commodity School must meet the meal pattern Room 1206, Alexandria, Virginia Program, Food assistance programs, requirements in paragraphs (p) and (q), 22302–1594; 703–305–2590. Grants programs—social programs, as applicable, of this section. * * * SUPPLEMENTARY INFORMATION: The Food National School Lunch Program, * * * * * and Nutrition Service (FNS) published a Nutrition, Reporting and recordkeeping (o) * * * final rule in the Federal Register, 81 FR requirements, Surplus agricultural (3) * * * 24348, on April 25, 2016, to update the commodities. (ii) * * * jstallworth on DSK7TPTVN1PROD with RULES VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1

75672 Federal Register/Vol. 81, No. 211 /Tuesday, November 1, 2016 /Rules and Regulations PRESCHOOL SNACK MEAL PATTERN 1—2 3—5 and Food Items ounces Edible as served or Dr 1 & 1 & /2 Oounce /2 QOunce other nut or seed butters 1 Thsp 1 Tbsp Yogurt, plain or flavored 5 2 ounces or 4& cup 2 ounces or /4 cup unsweetened or sweetened / serving 4 serving or breakfast cereal®, /¥ cup /a cup cereal and/or Whole grain—rich, enriched or breakfast cereal or rounds ‘ Select two of the five components for a reimbursable snack. Only one of the two components may be a beverage. * Must be unflavored whole milk for children age one. Must be unflavored low—fat (1 percent) or unflavored fat—free (skim) milk for children two through five years old. * Pasteurized full—strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. * Alternate protein products must meet the requirements in appendix A to part 226 of this chapter. ° Yogurt must contain no more than 23 grams of total sugars per 6 ounces. ° At least one serving per day, across all eating occasions, must be whole grain—rich. Grain—based desserts do not count towards meeting the grains requirement. ‘ Beginning October 1, 2019, ounce equivalents are used to determine the quantity of creditable grains. ° Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal). ° Beginning October 1, 2019, the minimum serving sizes specified in this section for ready—to—eat breakfast cereals must be served. Until October 1, 2019, the minimum serving size for any type of ready— to—eat breakfast cereals is 4 cup for children ages 1—2, and 1/3 cup for children ages 3—5. (4)*** (ii)***

Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 75673 (p) * * * (2) * * * (2) * * * (q) * * * jstallworth on DSK7TPTVN1PROD with RULES ER01NO16.141</GPH> VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1

75674 Federal Register/Vol. 81, No. 211 /Tuesday, November 1, 2016 /Rules and Regulations PRESCHOOL LUNCH MEAL PATTERN Ages 1—2 | Ages 3—5 Food Components and Food Items‘ Minimum Quantities Fluid milk* 4 fluid ounces 6 fluid ounces Meat/meat alternates Edible portion as served: Lean meat, poultry, or fish 1 ounce 1% ounces Tofu, soy products, or alternate profein producis> 1 ounce 1!4 ounces Cheese 1 ounce 114 ounces Large egg i/a Y/a Cooked dry beans or peas Va cup & cup Peanut butter or soy nut butter or other nut or seed bgtters £ *bep 3 Thsp Yogurt, plain or flavored 4 4 ounces or & cup 6 ounces or % cup unsweetened or sweetened The following may be used to meet no more than 50 percent of the requirement: Peanuts, soy nuts, tree nuts, or seeds, as listed in program guidance, or an equiuvalent & ounce = 530% % ounce = 530% quantity of any combination of the above meat/meat alternates (1 ounce of nuts/seeds = 1 ounce of cooked lean meat, poultry or fish) ___lf___efi_.ge’[a.blesb [ & cup /4 cup Fruits" & cup @4 cup Grains (oz eq)"* Whole grain—rich or enriched bread 4 slice /A slice Whole grain—rich or enriched bread product, / serving 4 serving such as biscuit, roll, muffin Whole grain—rich, enriched or fortified cooked breakfast cereal", 4 cup /4 cup cereal grain, and/or pasta ‘ Must serve all five components for a reimbursable meal. * Must be unflavored whole milk for children age one. Must be unflavored low—fat (1 percent) or unflavored fat—free (skim) milk for children two through five years old. ° Alternate protein products must meet the requirements in appendix A to part 226 of this chapter. * Yogurt must contain no more than 23 grams of total sugars per 6 ounces. ° Pasteurized full—strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. ° A vegetable may be used to meet the entire fruit requirement. When two vegetables are served at lunch or supper, two different kinds of vegetables must be served. ‘ At least one serving per day, across all eating occasions, must be whole grain—rich. Grain—based desserts do not count towards the grains requirement. ° Beginning October 1, 2019, ounce equivalents are used to determine the quantity of the creditable grain. ° Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal).

Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 75675 PART 220—SCHOOL BREAKFAST ■ e. Revise the table in paragraph (p)(2). (1) Breakfasts served to preschoolers. PROGRAM The revisions read as follows: Schools serving breakfast to children ages 1 through 4 under the School ■ 3. The authority citation for part 220 § 220.8 Meal requirements for breakfasts. Breakfast Program must serve the meal continues to read as follows: components and quantities required in (a) * * * Authority: 42 U.S.C. 1773, 1779, unless the breakfast meal pattern established (1) * * * Schools offering breakfasts jstallworth on DSK7TPTVN1PROD with RULES otherwise noted. for the Child and Adult Care Food to children ages 1 to 4 and infants must Program under § 226.20(a), (c)(1), and ■ 4. In § 220.8: meet the meal pattern requirements in ■ a. Revise the fourth sentence in (d) of this chapter. In addition, schools paragraphs (o) and (p), as applicable, of paragraph (a)(1). serving breakfasts to this age group must this section. * * * ■ b. Revise paragraph (o)(1); comply with the requirements set forth ■ c. Revise the table in paragraph (o)(2); * * * * * in paragraphs (a), (c)(3), (g), (k), (l), and ER01NO16.143</GPH> ■ d. Revise paragraph (p)(1); and (o) * * * (m) of this section as applicable. VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1

75676 Federal Register/Vol. 81, No. 211/Tuesday, November 1, 2016 /Rules and Regulations (2) * *k *# PRESCHOOL BREAKFAST MEAL PATTERN Ages 1—2 Ages 3—5 Food Components and Food Items‘ Minimum Quantities Fluid milk 4 fluid ounces 6 fluid ounces Vegetables, fruits, or portions of both /a cup /2 cup Grains (OZ eq)4’5’6 Whole grain—rich or enriched bread / slice / slice Whole grain—rich or enriched bread % servin % servin product, such as biscuit, roll, muffin * & * & Whole grain—rich, enriched or fortified cooked breakfast cereal7, cereal grain, /a cup %a cup and/or pasta Whole grain—rich, enriched or fortified ready—to—eat breakfast cereal (dry, cold)7’8 Flakes or rounds / cup / cup Puffed cereal %a cup %a cup Granola / cup /& cup ‘ Must serve all three components for a reimbursable meal. * Must be unflavored whole milk for children age one. Must be unflavored low—fat (1 percent) or unflavored fat—free (skim) milk for children two through five years old. ° Pasteurized full—strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. * At least one serving per day, across all eating occasions, must be whole grain—rich. Grain—based desserts do not count towards meeting the grains requirement. ° Meat and meat alternates may be used to meet the entire grains requirement a maximum of three times a week. One ounce of meat and meat alternates is equal to one ounce equivalent of grains. ° Beginning October 1, 2019, ounce equivalents are used to determine the quantity of creditable grains. ‘ Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal). ° Beginning October 1, 2019, the minimum serving size specified in this section for ready—to—eat breakfast cereals must be served. Until October 1, 2019, the minimum serving size for any type of ready—to—eat breakfast cereals is %4 cup for children ages 1—2, and 1/3 cup for children ages 3—5. * x * the food components and quantities schools serving breakfasts to infants (1) Breakfasts served to infants. required in the breakfast meal pattern must comply with the requirements set Schools serving breakfasts to infants established for the Child and Adult Care forth in paragraphs (a), (c)(3), (g), (k), (1), ages birth through 11 months under the Food Program, under § 226.20(a), (b), and (m) of this section as applicable. School Breakfast Program must serve and (d) of this chapter. In addition, (2) * * *

Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 75677 PART 226—CHILD AND ADULT CARE ■ b. Amend the first sentence in § 226.20 Requirements for meals. FOOD PROGRAM paragraph (b)(4)(ii)(A) by removing the (a) * * * words ‘‘0 to 8 ounces’’ and adding in (4) * * * ■ 5. The authority citation for part 226 their place the words ‘‘0 to 4 ounces’’; continues to read as follows: (ii) * * * Breakfast cereals must ■ c. Revise the table in paragraph (b)(5); contain no more than 6 grams of sugar Authority: Secs. 9, 11, 14, 16, and 17, ■ d. Revise the table in paragraph (c)(1); per dry ounce (no more than 21.2 grams Richard B. Russell National School Lunch ■ e. Revise the table in paragraph (c)(2); sucrose and other sugars per 100 grams Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 1765 and 1766). ■ f. Revise the table in paragraph (c)(3); of dry cereal). ■ 6. In § 226.20: and * * * * * ■ a. Revise the second sentence in ■ g. Revise paragraph (o). (b) * * * paragraph (a)(4)(ii); The revisions read as follows: (5) * * * jstallworth on DSK7TPTVN1PROD with RULES ER01NO16.145</GPH> VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1

75678 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations INFANT MEAL PATTERNS Infants Birth through 5 months 6 through 11 months Breakfast, Lunch, or Supper 4-6 fluid ounces breastmilk1 or 6-8 fluid ounces breastmilk1 or 2 formula2 formula ; and 0-4 tablespoons infant cereal2'3 meat, fish, poultry, whole egg, cooked dry beans, or cooked dry peas; or 0-2 ounces of cheese; or 0-4 ounces (volume) of cottage cheese; or, 4 0-4 ounces or 'li cup of yogurt; or a combination of the above 5 • and 0-2 tablespoons vegetahle or fruit, or a combination ofboth5' 6 Snack 4-6 fluid ounces breastmilk1 or 2-4 fluid ounces breastmilk1 or formula2 formula2 ; and 0-'ii slice bread3'7 · or 0-2 cracker3'7; or 0-4 tablespoons infant cereae'3'7 or ready-to-eat breakfast cereae'5' 7' 8; and 0-2 tablespoons vegetahle or fruit, or a combination ofboth5' 6 1 Breastmilk or formula, or portions of both, must be served; however, it is recommended that breastmilk be served in place of formula from birth through 11 months. For some breastfed infants who regularly consume less than the minimum amount of breastmilk per feeding, a serving of less than the minimum amount of breastmilk may be offered, with additional breastmilk offered at a later time if the infant will consume more. 2 Infant formula and dry infant cereal must be iron-fortified. 3 Beginning October 1, 2019, ounce equivalents are used to determine the quantity of creditable grains. 4Y ogurt must contain no more than 23 grams of total sugars per 6 ounces. 5 A serving of this component is required when the infant is developmentally ready to accept it. 6 Fruit and vegetable juices must not be served. 7 A serving of grains must be whole-grain rich, enriched meal, or enriched flour. jstallworth on DSK7TPTVN1PROD with RULES 8Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal). (c) * * * (1) * * * ER01NO16.146</GPH> VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1

Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 75679 BREAKFAST MEAL PATTERN FOR CHILDREN AND ADULTS Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 1 Adult (at-risk afterschool programs and emergency shelters) 2 Food Components and Food Items Minimum Quantities Fluid milk3 4 fl oz 6 fl oz 8 fl oz 8 fl oz 8 fl oz Vegetables, fruits, or portions ofboth4 lf4 cup Yz cup Yz cup Yz cup Yz cup Grains . (oz eq)567'' Whole grain-rich or enriched bread Yz slice Yz slice 1 slice 1 slice 2 slices Whole grain-rich or enriched bread Yz serving Yz serving 1 serving 1 serving 2 servings product, such as biscuit, roll, muffin Whole grain-rich, enriched or fortified cooked breakfast cereal 8, lf4 cup lf4 cup Yz cup Yz cup 1 cup cereal grain, and/ or pasta Whole grain-rich, enriched or fortified ready-to-eat breakfast cereal (dry, cold) 8'9 Flakes or rounds Yz cup Yz cup 1 cup 1 cup 2 cups Puffed cereal %cup %cup 1 lf4 cups 1 lf4 cups 2 Yz cups Granola Ys cup Ys cup lf4 cup lf4 cup Yz cup 1 Larger portion sizes than specified may need to be served to children 13 through 18 years old to meet their nutritional needs. 2 Must serve all three components for a reimbursable meal. Offer versus serve is an option for only adult and at- risk afterschool participants. 3 Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fat- free (skim) milk for children two through five years old. Must be unflavored low-fat (1 percent), unflavored fat- free (skim), or flavored fat-free (skim) milk for children six years old and older and adults. For adult participants, 6 ounces (weight) or% cup (volume) of yogurt may be used to meet the equivalent of 8 ounces of fluid milk once per day when yogurt is not served as a meat alternate in the same meal. 4 Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. 5 At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do not count towards meeting the grains requirement. 6 Meat and meat alternates may be used to meet the entire grains requirement a maximum of three times a week. One ounce of meat and meat alternates is equal to one ounce equivalent of grains. 7 Beginning October 1, 2019, ounce equivalents are used to determine the quantity of creditable grains. 8 Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal). 9 Beginning October 1, 2019, the minimum serving size specified in this section for ready-to-eat breakfast cereals must be served. Until October 1, 2019, the minimum serving size for any type of ready-to-eat breakfast cereals is 114 cup for children ages 1-2; 113 cup for children ages 3-5;% cup for children ages 6-12 and ages 13-18; and 1 Yz jstallworth on DSK7TPTVN1PROD with RULES cups for adults. (2) * * * ER01NO16.147</GPH> VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1

75680 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations LUNCH AND SUPPER MEAL PATTERN FOR CHILDREN AND ADULTS Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 1 Adult (at-risk afterschool programs and emergency shelters) 2 Food Components and Food Items Minimum Quantities Fluid milk3 4 fl oz 6 fl oz 8 fl oz 8 fl oz 8 fl oi Meat/meat alternates Edible portion as served: Lean meat, poultry, or fish l mmce 1Y2 mmces 2 ounces 2 ounces 2 ounces Tofu, soy products, or alternate 1 ounce 1Y2 ounces 2 ounces 2 ounces 2 ounces protein products 5 Cheese 1 ounce 1Y2 ounces 2 ounces 2 ounces 2 ounces Large egg Y2 % l 1 1 Cooked dry beans or peas lf4 cup %cup Y2 cup Y2 cup Y2 cup Peanut butter or soy nut butter or other 2 Tbsp 3 Tbsp 4 Tbsp 4 Tbsp 4 Tbsp nut or seed butters Yogurt, plain or flavored 4 ounces 6 ounces 8 ounces 8 ounces 8 ounces unsweetened or sweetened6 or Y2 cup or% cup or 1 cup or lcup or lcup The following may be used to meet no more than 50 percent of the requirement: Peanuts, soy nuts, tree nuts, or seeds, as listed in program Y2 ounce= %ounce= 1 ounce= 1 ounce= 1 ounce= guidance, or an equivalent quantity 50% 50% 50% 50% 50% of any combination of the above meat/meat alternates ( l ounce of nuts/seeds = l ounce of cooked lean meat, poultry or fish) 7 Vegetables Vs cup lf4 cup Y2 cup Y2 cup Y2 cup Fruits 7' 8 Vs cup lf4 cup lf4 cup lf4 cup Y2 cup Grams - ( ozeq)910 ' Whole grain-rich or enriched bread Y2 slice Y2 slice l slice l slice 2 slices Whole grain-rich or enriched bread Y2 serving Y2 serving 1 serving 1 serving 2 servings product, such as biscuit, roll, muffin Whole grain-rich, enriched or fortified cooked breakfast cereal", lf4 cup lf4 cup Y2 cup Y2 cup 1 cup cereal grain, and/or pasta 1 Larger portion sizes than specified may need to be served to children 13 through 18 years old to meet their nutritional needs. 2 Must serve all five components for a reimbursable meal. Offer versus serve is an option for only adult and at- risk afterschool participants. 3 Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fat- free (skim) milk for children two through five years old. Must be unflavored low-fat (1 percent), unflavored fat- jstallworth on DSK7TPTVN1PROD with RULES free (skim), or flavored fat-free (skim) milk for children six years old and older and adults. For adult participants, ER01NO16.148</GPH> VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4725 E:\FR\FM\01NOR1.SGM 01NOR1

Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 75681 6 ounces (weight) or% cup (volume) of yogurt may be used to meet the equivalent of 8 ounces of fluid milk once per day when yogurt is not served as a meat alternate in the same meal. 4 A serving of fluid milk is optional for suppers served to adult participants. 5 Alternate protein products must meet the requirements in appendix A to part 226 of this chapter. 6 Yogurt must contain no more than 23 grams oftotal sugars per 6 ounces. 7 Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. 8 A vegetable may be used to meet the entire fruit requirement. When two vegetables are served at lunch or supper, two different kinds of vegetables must be served. 9 At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do not count towards the grains requirement. 10 Beginning October 1, 2019, ounce equivalents are used to determine the quantity of the creditable grain. 11 Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal). (3) * * * jstallworth on DSK7TPTVN1PROD with RULES ER01NO16.149</GPH> VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1

75682 Federal Register/Vol. 81, No. 211 /Tuesday, November 1, 2016 /Rules and Regulations SNACK MEAL PATTERN FOR CHILDREN AND ADULTS Ages 1—2 Ages 3—5 Ages 6—12 Ages Meats/meat alternates served 1 ounce / ounce 5 ounce 1 ounce 1 ounce 1 ounce 5 ounce OuUnce ounce OcE ounce 1 Thbsp 1 Tbsp 2 Tbsp 2 Tbsp 2 Tbsp ounces ounces or Peanuts, soy nuts, tree nuts, or 5 ounce 5 ounce 1 ounce 1 ounce 1 ounce seeds or enriched bread w# sl1ce » sl1ce 1 slice 1 slice 1 slice Whole grain—rich or enriched bread product, such as biscuit, roll, / serving / serving 1 serving 1 serving 1 serving cooked breakfast cerealgf, /4 cup /4 cup / cup & cup ‘Larger portion sizes than specified may need to be served to children 13 through 18 years old to meet their nutritional needs. * Select two of the five components for a reimbursable snack. Only one of the two components may be a beverage. * Must be unflavored whole milk for children age one. Must be unflavored low—fat (1 percent) or unflavored fat— free (skim) milk for children two through five years old. Must be unflavored low—fat (1 percent), unflavored fat— free (skim), or flavored fat—free (skim) milk for children six years old and older and adults. For adult participants, 6 ounces (weight) or % cup (volume) of yogurt may be used to meet the equivalent of 8 ounces of fluid milk once per day when yogurt is not served as a meat alternate in the same meal.

Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 75683 * * * * * DEPARTMENT OF AGRICULTURE correction in 7 CFR 250.30(c)(2) by (o) Offer versus serve. (1) Each adult correcting the prior amendatory Food and Nutrition Service instructions to allow the paragraph at day care center and at-risk afterschool program must offer its participants all of (c)(2) to publish in the CFR in lieu of a 7 CFR Part 250 ‘‘reserved’’ paragraph. All other the required food servings as set forth in [FNS–2014–0040] information in the final rule remains paragraphs (c)(1) and (c)(2) of this unchanged. section. However, at the discretion of RIN 0584–AE29 the adult day care center or at-risk List of Subjects in 7 CFR Part 250 afterschool program, participants may Requirements for the Distribution and Disaster assistance, Food assistance be permitted to decline: Control of Donated Foods and the programs, Grant programs—social (i) For adults. (A) One of the four food Emergency Food Assistance Program: programs, Reporting and recordkeeping items required at breakfast (one serving Implementation of the Agricultural Act requirements. of 2014 Accordingly, 7 CFR part 250 is of fluid milk; one serving of vegetable or fruit, or a combination of both; and two AGENCY: Food and Nutrition Service corrected by making the following servings of grains, or meat or meat (FNS), USDA. correcting amendments: alternates); ACTION: Correcting amendments. PART 250—DONATION OF FOODS (B) Two of the five food components FOR USE IN THE UNITED STATES, ITS required at lunch (fluid milk; SUMMARY: This document contains TERRITIORIES AND POSSESSIONS corrections to the final rule published in vegetables; fruit; grain; and meat or meat AND AREAS UNDER ITS the Federal Register on April 19, 2016, alternate); and JURISDICTION ‘‘Requirements for the Distribution and (C) One of the four food components Control of Donated Foods—The ■ 1. The authority citation for part 250 required at supper (vegetables; fruit; Emergency Food Assistance Program: continues to read as follows: grain; and meat or meat alternate). Implementation of the Agricultural Act Authority: 5 U.S.C. 301; 7 U.S.C. 612c, (ii) For children. Two of the five food of 2014.’’ 612c note, 1431, 1431b, 1431e, 1431 note, components required at supper (fluid DATES: This document is effective 1446a–1, 1859, 2014, 2025; 15 U.S.C. 713c; milk; vegetables; fruit; grain; and meat November 1, 2016. 22 U.S.C. 1922; 42 U.S.C. 1751, 1755, 1758, or meat alternate). 1760, 1761, 1762a, 1766, 3030a, 5179, 5180. FOR FURTHER INFORMATION CONTACT: Carolyn Smalkowski, Program Analyst, ■ 2. In § 250.30, add paragraph (c)(2) to (2) In pricing programs, the price of read as follows: the reimbursable meal must not be Policy Branch, Food Distribution affected if a participant declines a food Division, Food and Nutrition Service, § 250.30 State processing of donated item. 3101 Park Center Drive, Room 500, foods. Alexandria, Virginia 22302, or by * * * * * * * * * * telephone (703) 305–2680. (c) * * * Dated: October 24, 2016. SUPPLEMENTARY INFORMATION: The Food (2) These criteria will be reviewed by Telora T. Dean, and Nutrition Service published a final the appropriate FNS Regional Office Acting Administrator, Food and Nutrition rule in the Federal Register, 81 FR during the management evaluation Service. 23086, on April 19, 2016, to amend review of the distributing agency. [FR Doc. 2016–26339 Filed 10–31–16; 8:45 am] Food Distribution regulations at 7 CFR Distributing agencies and jstallworth on DSK7TPTVN1PROD with RULES BILLING CODE 3410–30–P part 250 to revise and clarify subdistributing agencies which enter requirements to ensure that USDA into contracts on behalf of recipient donated foods are distributed, stored agencies but which do not limit the and managed in the safest, most types of end products which can be sold efficient and cost-effective manner, at or the number of processors which can State and recipient agency levels. This sell end products within the State are ER01NO16.151</GPH> final rule correction makes a technical not required to follow the selection VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1


Document Created: 2016-11-01 02:36:38
Document Modified: 2016-11-01 02:36:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesThis document is effective November 1, 2016. Compliance with the provisions of this rule must begin October 1, 2017 except as otherwise noted in the final rule.
ContactAndrea Farmer or Laura Carroll, Policy and Program Development Division, Child Nutrition Programs, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 1206, Alexandria, Virginia 22302-1594; 703-305-2590.
FR Citation81 FR 75671 
RIN Number0584-AE18
CFR Citation7 CFR 210
7 CFR 220
7 CFR 226
CFR AssociatedChildren; Commodity School Program; Food Assistance Programs; Grants Programs-Social Programs; National School Lunch Program; Nutrition; Reporting and Recordkeeping Requirements; Surplus Agricultural Commodities; Grant Programs-Education; Grant Programs-Health; Infants and Children; School Breakfast and Lunch Programs; Accounting; Aged; American Indians; Day Care; Grant Programs; Grant Programs- Health; Individuals with Disabilities; Intergovernmental Relations and Loan Programs
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