Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010; Corrections, 75671-75683 [2016-26339]

Download as PDF 75671 Rules and Regulations Federal Register Vol. 81, No. 211 Tuesday, November 1, 2016 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. 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 Food and Nutrition Service, USDA. ACTION: Correcting amendments. AGENCY: 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 jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 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. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 1. The authority citation for part 210 continues to read as follows: ■ Authority: 42 U.S.C. 1751–1760, 1779. 2. In § 210.10: a. Revise the fourth sentence in paragraph (a)(1)(i); ■ b. Revise the table in paragraph (o)(3)(ii); ■ c. Revise the table in paragraph (o)(4)(ii); ■ d. Revise the table in paragraph (p)(2); and ■ e. Revise the table in paragraph (q)(2). The revisions read as follows: ■ ■ § 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) * * * E:\FR\FM\01NOR1.SGM 01NOR1 75672 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations PRESCHOOL SNACK MEAL PATTERN Food Components and Food Items Fluid milkl Meats/meat alternates Edible portion as served: Lean meat, poultry, or fish Tofu, soy products, or alternate protein products 4 Cheese Large egg Cooked dry beans or peas Peanut butter or soy nut butter or other nut or seed butters Yogurt, plain or flavored unsweetened or sweetened5 Peanuts, soy nuts, tree nuts, or seeds Vegetables" Fruits.; Ages 3-5 Ages 1-2 Minimum Quantities 4 fluid ounces 4 fluid ounces 1 1~ otmce Vzounce Vz ounce Vzounce liz. ounce Vz Vzounce Yscup Yscup 1 Tbsp 1 Tbsp 2 ounces or Y4 cup 2 ounces or Y4 cup Vzounce Vzcup liz cup %ounce Vzslice Yz slice liz serving Vz serving Y4cup Y4cup Yzcup %cup Yscup Vz.cup %cup Yscup Grains (oz eqY'' Whole grain,.rich or enriched bread Whole grain~rich or enriched bread product, such as biscuit, roll, muffm Whole grain-rich, enriched or fortified cooked breakfast cereal8, cereal grain, and/or pasta Whole grain~rich, enriched or fortified ready-to-eat breakfast cereal (dry, cold)8•9 Flakes or rounds Puffed cereal Granola Vz l~cup Vzcup 1 two of the five components for a reimbursable snack. Only one of the two components may be a beverage. 2 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. 3 Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. 4 Alternate protein products must meet the requirements in appendix A to part 226 ofthis chapter. 5 Yogurt must contain no more than 23 grams of total sugars per 6 ounces. 6 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. 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 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 readyto-eat breakfast cereals is \14 cup for children ages 1-2, and 1/3 cup for children ages 3-5. (4) * * * VerDate Sep<11>2014 (ii) * * * 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1 ER01NO16.140</GPH> jstallworth on DSK7TPTVN1PROD with RULES 1 Select Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations VerDate Sep<11>2014 (2) * * * 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1 ER01NO16.141</GPH> jstallworth on DSK7TPTVN1PROD with RULES (p) * * * (2) * * * (q) * * * 75673 75674 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations PRESCHOOL LUNCH MEAL PATTERN FoodComponents and Food Items 1 Fluid milk" Meat/meat alternates Edible portion as ~rved: Lean meat, p9t.dtry, or fish Tofu. soy products, or alternate protein products3 Cheese Large egg Cooked dry beans or peas Peanut butter or soy nut butter or other nut or seed butters Yogurt, plain or flavored unsweetened or sweetened4 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, ot an equivalent quantity ofany wmbination of the above meat/meat alternates (1 ounce of nuts/seeds= 1 ounce of cooked lean meat, poultry or fish) Vegetables' Fruits'' 0 Grains (<'lz eq)''l$ Ages 1-2 Ages 3·5 I Minimum Quantities 4 fluid l)unce$ 6 fluid ounces .1 ounce lYz. ounc.es l ounce !%.ounces I ounce % Y4cup l~ounce~S 2Tbsp 3Tbsp 4 ounces or% cup 6 ounces or% cup %ounce= 50% %ounce= 50% ~cup %CUP Y4cup Y4cup %slice %slice Whole grain-rich or enriched bread Whole graiiHich or enriched bread product, such as biscuit, roll, muffin Whole grain~rich, enriched or fortified cooked breakfast cereal9, cereal grain, and/or pasta % %cup Yz.cserving 12 serving 1 Y4cup lhcup. 1 Must serve all five components for a reimbursable meal. 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. 3 Alternate protein products must meet the requirements in appendix A to part 226 ofthis chapter. 4 Yogurt must contain no more than 23 grams of total sugars per 6 ounces. 5 Pasteurized full-strengthjuice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. 6 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. 2 Must least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do not count towards the grains requirement. 8 Beginning October 1, 2019, ounce equivalents are used to determine the quantity of the creditable grain. 9 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). VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4725 E:\FR\FM\01NOR1.SGM 01NOR1 ER01NO16.142</GPH> jstallworth on DSK7TPTVN1PROD with RULES 7 At e. Revise the table in paragraph (p)(2). The revisions read as follows: PART 220—SCHOOL BREAKFAST PROGRAM ■ 3. The authority citation for part 220 continues to read as follows: § 220.8 jstallworth on DSK7TPTVN1PROD with RULES ■ Authority: 42 U.S.C. 1773, 1779, unless otherwise noted. 4. In § 220.8: a. Revise the fourth sentence in paragraph (a)(1). ■ b. Revise paragraph (o)(1); ■ c. Revise the table in paragraph (o)(2); ■ d. Revise paragraph (p)(1); and ■ ■ VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 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) * * * PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 75675 (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 § 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. E:\FR\FM\01NOR1.SGM 01NOR1 ER01NO16.143</GPH> Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 75676 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations (2) * * * PRESCHOOL BREAKFAST MEAL PATTERN Ages 1-2 Food Components and Food Items 1 Ages 3-5 Minimum Quantities 4 fluid ounces 6 fluid ounces Vegetables, fruits, or portions ofboth3 'l4 cup Yz cup Gratns (~oz eq1)456 . '' Whole grain-rich or enriched bread Yz slice Yz slice Yz serving Yz serving 'l4 cup 'l4 cup Yz cup Yz cup %cup Ys cup %cup Ys cup Fluid milk2 Whole grain-rich or enriched bread product, such as biscuit, roll, muffin Whole grain-rich, enriched or fortified cooked breakfast cereaC, cereal grain, and/or pasta Whole grain-rich, enriched or fortified ready-to-eat breakfast cereal (dry, coldf' 8 Flakes or rounds Puffed cereal Granola 1 Must serve all three components for a reimbursable meal. 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. 3 Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. 4 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. 5 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. 6 Beginning October 1, 2019, ounce equivalents are used to determine the quantity of creditable grains. 7 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). 8 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 1!4 cup for children ages 1-2, and 1/3 cup for children ages 3-5. (p) * * * (1) Breakfasts served to infants. Schools serving breakfasts to infants ages birth through 11 months under the School Breakfast Program must serve VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 the food components and quantities required in the breakfast meal pattern established for the Child and Adult Care Food Program, under § 226.20(a), (b), and (d) of this chapter. In addition, PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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) * * * E:\FR\FM\01NOR1.SGM 01NOR1 ER01NO16.144</GPH> jstallworth on DSK7TPTVN1PROD with RULES 2 Must Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 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). 6. In § 226.20: a. Revise the second sentence in paragraph (a)(4)(ii); jstallworth on DSK7TPTVN1PROD with RULES ■ ■ VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 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’’; ■ c. Revise the table in paragraph (b)(5); ■ d. Revise the table in paragraph (c)(1); ■ e. Revise the table in paragraph (c)(2); ■ f. Revise the table in paragraph (c)(3); and ■ g. Revise paragraph (o). The revisions read as follows: ■ PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 § 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) * * * E:\FR\FM\01NOR1.SGM 01NOR1 ER01NO16.145</GPH> PART 226—CHILD AND ADULT CARE FOOD PROGRAM 75677 75678 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations INFANT MEAL PATTERNS Infants Breakfast, Lunch, or Supper Birth through 5 months 4-6 fluid ounces breastmilk1 or 6 through 11 months 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 formula2 2-4 fluid ounces breastmilk1 or 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 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). 8 (c) * * * VerDate Sep<11>2014 (1) * * * 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1 ER01NO16.146</GPH> jstallworth on DSK7TPTVN1PROD with RULES 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. 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) Food Components and Food Items 2 Minimum Quantities Fluid milk3 4 fl oz 6 fl oz 8 fl oz 8 fl oz 8 fl oz Vegetables, fruits, or portions ofboth4 Grains (oz eq)567 . '' lf4 cup Yz cup Yz cup Yz cup Yz cup Yz slice Yz slice 1 slice 1 slice 2 slices Yz serving Yz serving 1 serving 1 serving 2 servings lf4 cup lf4 cup Yz cup Yz cup 1 cup Whole grain-rich or enriched bread Whole grain-rich or enriched bread product, such as biscuit, roll, muffin Whole grain-rich, enriched or (dry, cold) 8'9 Flakes or rounds Yz cup Yz cup 1 cup 1 cup 2 cups %cup %cup Puffed cereal 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 atrisk afterschool participants. 3 Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fatfree (skim) milk for children two through five years old. Must be unflavored low-fat (1 percent), unflavored fatfree (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 cups for adults. (2) * * * 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 ER01NO16.147</GPH> jstallworth on DSK7TPTVN1PROD with RULES fortified cooked breakfast cereal 8, cereal grain, and/ or pasta Whole grain-rich, enriched or fortified ready-to-eat breakfast cereal 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) Food Components and Food Items 2 Minimum Quantities oi 4 fl oz protein products 5 Cheese 8 fl oz 1Y2 mmces 2 ounces 2 ounces 2 ounces 1Y2 ounces 2 ounces 2 ounces 2 ounces 1 ounce Tofu, soy products, or alternate 8 fl oz 1 ounce Lean meat, poultry, or fish 6 fl oz l mmce Fluid milk3 Meat/meat alternates Edible portion as served: 1Y2 ounces 2 ounces 2 ounces 2 ounces 8 fl Y2 sweetened6 unsweetened or 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 equivalent quantity of any combination of the above meat/meat alternates ( l ounce of nuts/seeds = l ounce of cooked lean meat, poultry or fish) Vegetables 7 Fruits 7' 8 % l 1 1 %cup Y2 cup Y2 cup Y2 cup 2 Tbsp 3 Tbsp 4 Tbsp 4 Tbsp 4 Tbsp 4 ounces or Y2 cup 6 ounces or% cup 8 ounces or 1 cup 8 ounces or lcup 8 ounces or lcup Y2 ounce= 50% %ounce= 50% 1 ounce= 50% 1 ounce= 50% 1 ounce= 50% lf4 cup Y2 cup Y2 cup Y2 cup Vs cup Cooked dry beans or peas Peanut butter or soy nut butter or other nut or seed butters Yogurt, plain or flavored lf4 cup Vs cup Large egg lf4 cup lf4 cup lf4 cup Y2 cup Y2 slice Y2 slice l slice l slice 2 slices Y2 serving Y2 serving 1 serving 1 serving 2 servings lf4 cup lf4 cup Y2 cup Y2 cup 1 cup Grams ( ozeq)910 ' Whole grain-rich or enriched bread Whole grain-rich or enriched bread product, such as biscuit, roll, muffin Whole grain-rich, enriched or fortified cooked breakfast cereal", cereal grain, and/or pasta 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 atrisk afterschool participants. 3 Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fatfree (skim) milk for children two through five years old. Must be unflavored low-fat (1 percent), unflavored fatfree (skim), or flavored fat-free (skim) milk for children six years old and older and adults. For adult participants, 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 ER01NO16.148</GPH> jstallworth on DSK7TPTVN1PROD with RULES 1 Larger 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). 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 ER01NO16.149</GPH> jstallworth on DSK7TPTVN1PROD with RULES (3) * * * 75682 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations SNACK MEAL PATTERN FOR CHILDREN AND ADULTS Ages 1-2 :Food Components and Food Items.< Fluid milkj Meats/meat alternates Edible portion as served: Lean meat, poultry, or fish Tofu, soy products, or alternate protein products'* Cheese Latgeegg Cooked dry beans or peas. Peanut butter or soy nut butter or other nut or seed butters Yogurt, plain or flavored unsweetened or sweetened5 Peanuts, soy nuts, tree nuts, or seeds Vegetables<> Fruits() Grains ( oz eq)'·!S Whole grain-tich or enriched bread Whole grain-rich or enriched bread product, such as: biscuit, roll, muffin Whole grain..:rich, enriched or fortitied cooked breakfast cereal9, cereal grain, and/or pasUJ, Whole grain-rich, enriched or fortified ready~to-eat.breakfast cereal (dry, cold)9 '10 Flakes or rounds Puffed cereal Granola Ages 3-5 Ages 6-12 Ages.13-18 1 Adult (at-risk afterschnol programs and emergency shelters) Minimum Quantiti~ 4fl oz 4fl oz 8 floz 8fl oz 8fl oz Yz ounce Yz ounce 1 ounce 1 ounce 1 ounce liz ounce Yz ounce 1 ounce 1 ounce 1 ounce Yz ounce Yz Yz ounce Yz 1 ounce 1 ourtce 1 ounce liz 12 Yz Yl! cup Vscup 'l4.cup hcup hcup 1 Tbsp 1Tbsp 2 Tbsp 2 Tbsp 2Tbsp 2 ounces or hcup 2 ounces or%cup 4ounces or Yz cup 4ounces or Yzcup 4ounces or Yz cup Yz ounce Yz ounce 1 ounce 1 ounce 1 ounce %cup %cup Yz eup liz cup %cup %.cup %cup %cup %cup Yzcup Yz slice Yz slice 1 slice 1 slice l slice 1 serving 1 serving 1 serving Yz serving Yz serving hcup hcup Yz cup Vzcup liz cup %cup %cup Yl! cup Vz cup %cup 78 cup 1 cup 1 1!4cup h.cup lcup 1 h.cups %cup 1 cup 1 hcups Y4 cup portion sizes than specified may need to be served to children 13 through 18 years old to meet their nutritional needs. 2 Select two of the five components for a reimbursable snack. Only one of the two components may be a beverage. 3 Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fatfree (skim) milk for children two through five years old. Must be unflavored low-fat (1 percent), unflavored fatfree (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. VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4725 E:\FR\FM\01NOR1.SGM 01NOR1 ER01NO16.150</GPH> jstallworth on DSK7TPTVN1PROD with RULES 1 Larger Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations * * * * (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. * * * * * jstallworth on DSK7TPTVN1PROD with RULES 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 VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 250 [FNS–2014–0040] RIN 0584–AE29 Requirements for the Distribution and Control of Donated Foods and the Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014 Food and Nutrition Service (FNS), USDA. ACTION: Correcting amendments. AGENCY: This document contains corrections to the final rule published in the Federal Register on April 19, 2016, ‘‘Requirements for the Distribution and Control of Donated Foods—The Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014.’’ DATES: This document is effective November 1, 2016. FOR FURTHER INFORMATION CONTACT: Carolyn Smalkowski, Program Analyst, Policy Branch, Food Distribution Division, Food and Nutrition Service, 3101 Park Center Drive, Room 500, Alexandria, Virginia 22302, or by telephone (703) 305–2680. SUPPLEMENTARY INFORMATION: The Food and Nutrition Service published a final rule in the Federal Register, 81 FR 23086, on April 19, 2016, to amend Food Distribution regulations at 7 CFR part 250 to revise and clarify requirements to ensure that USDA donated foods are distributed, stored and managed in the safest, most efficient and cost-effective manner, at State and recipient agency levels. This final rule correction makes a technical SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 correction in 7 CFR 250.30(c)(2) by correcting the prior amendatory instructions to allow the paragraph at (c)(2) to publish in the CFR in lieu of a ‘‘reserved’’ paragraph. All other information in the final rule remains unchanged. List of Subjects in 7 CFR Part 250 Disaster assistance, Food assistance programs, Grant programs—social programs, Reporting and recordkeeping requirements. Accordingly, 7 CFR part 250 is corrected by making the following correcting amendments: PART 250—DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS TERRITIORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION 1. The authority citation for part 250 continues to read as follows: ■ Authority: 5 U.S.C. 301; 7 U.S.C. 612c, 612c note, 1431, 1431b, 1431e, 1431 note, 1446a–1, 1859, 2014, 2025; 15 U.S.C. 713c; 22 U.S.C. 1922; 42 U.S.C. 1751, 1755, 1758, 1760, 1761, 1762a, 1766, 3030a, 5179, 5180. 2. In § 250.30, add paragraph (c)(2) to read as follows: ■ § 250.30 foods. State processing of donated * * * * * (c) * * * (2) These criteria will be reviewed by the appropriate FNS Regional Office during the management evaluation review of the distributing agency. Distributing agencies and subdistributing agencies which enter into contracts on behalf of recipient agencies but which do not limit the types of end products which can be sold or the number of processors which can sell end products within the State are not required to follow the selection E:\FR\FM\01NOR1.SGM 01NOR1 ER01NO16.151</GPH> * 75683

Agencies

[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75671-75683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26339]



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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.

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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