Delayed Implementation of Grains Ounce Equivalents in the Child and Adult Care Food Program, 31227-31232 [2019-13733]

Download as PDF 31227 Proposed Rules Federal Register Vol. 84, No. 126 Monday, July 1, 2019 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 210, 220, and 226 [FNS–2019–0005] RIN 0584–AE65 Delayed Implementation of Grains Ounce Equivalents in the Child and Adult Care Food Program Food and Nutrition Service (FNS), USDA. ACTION: Proposed rule. AGENCY: This action proposes to delay, from October 1, 2019 until October 1, 2021, the implementation date of the ‘‘ounce equivalents’’ requirement for crediting grains served in the Child and Adult Care Food Program (CACFP). The final rule, Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010, published at 81 FR 24347 on April 25, 2016, specified that meal planners must use ounce equivalents to determine the amount of creditable grain served as part of a reimbursable meal or snack. The new implementation date would allow more time for FNS to develop additional technical assistance materials and for State agencies and sponsoring organizations to provide training and technical assistance to make compliance easier for meal planners nationwide. DATES: Written comments must be received on or before July 31, 2019 to be assured of consideration. ADDRESSES: FNS invites interested persons to submit written comments on this proposed rule. Comments may be submitted in writing by one of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Send comments to Community Meals Branch, Policy and Program Development Division, USDA Food and Nutrition Service, 3101 Park khammond on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:34 Jun 28, 2019 Jkt 247001 Center Drive, Alexandria, Virginia 22302. All written comments submitted in response to this proposed rule will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNS will make the written comments publicly available via http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Andrea Farmer, Chief, Community Meals Branch, Policy and Program Development Division, USDA Food and Nutrition Service, 703–305–2590. SUPPLEMENTARY INFORMATION: Background The final rule, Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010, published at 81 FR 24347 on April 25, 2016, specified that grains must be credited using ‘‘ounce equivalents.’’ Historically, meal planners at day care homes and centers in CACFP have credited grains served as part of a reimbursable meal or snack based on household measures, such as cups or ‘‘servings’’ of breads and other grain-based foods. The ounce equivalents provision would bring CACFP in line with the National School Lunch and School Breakfast Programs, as well as the technical measurement approach reflected in the Dietary Guidelines for Americans. To make compliance easier, particularly as State agencies and local partners were focused on implementing more significant aspects of the meal pattern rule, FNS initially delayed implementation of the ounce equivalents provision until October 1, 2019. However, even with the additional time, input from stakeholders—including public comments received through a request for information, Food Crediting in Child Nutrition Programs, published at 82 FR 58792 on February 14, 2017—has convinced FNS that meal planners may not be universally ready to effectively implement the ounce equivalents requirement by October of this year without additional training and resources. Confusion over the implementation of ounce equivalents amongst some meal planners has PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 generated fears about meal disallowances and meal documentation requirements, which may discourage day care homes and centers from participating in CACFP. FNS believes that additional training and technical assistance will be needed to provide meal planners with the tools they need to more easily implement this provision. Accordingly, FNS is proposing a delay of implementation of the ounce equivalents requirement until October 1, 2021. Corresponding changes would be made to the infant meal pattern tables at 7 CFR 210.10(o), 210.10(q), 220.8(p), and 226.20(c); preschool meal pattern tables at 7 CFR 210.10(o), 210.10(p), and 220.8(o); and meal pattern tables for children and adult participants at 226.20(c). The new implementation date would allow more time for FNS to continue to develop additional technical assistance materials to better support providers. By proposing a two-year extension, State agencies and sponsoring organizations should have adequate time to use these materials to provide training and technical assistance to make compliance easier for meal planners nationwide. This proposed action is consistent with our efforts to provide excellent customer service as we work with State and local partners to ensure high quality, nutritious meals for children and adult participants in CACFP. Procedural Matters Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits, including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This proposed rule has been determined to be not significant and was not reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601–612, requires Agencies to analyze the impact of rulemaking on small entities and consider alternatives E:\FR\FM\01JYP1.SGM 01JYP1 31228 Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed Rules that would minimize any significant impacts on a substantial number of small entities. The FNS Administrator has certified that this proposed rule will not have a significant economic impact on a substantial number of small entities. This rule allows meal planners additional time to receive training and technical assistance and additional time for State agencies and sponsoring organizations to facilitate implementation of the new requirement. While this rule will affect State agencies, sponsoring organizations, and day care homes and centers, any economic effect will not be significant. khammond on DSKBBV9HB2PROD with PROPOSALS Executive Order 13771 Executive Order 13771 directs agencies to reduce regulation and control regulatory costs and provides that the cost of planned regulations be prudently managed and controlled through a budgeting process. This proposed rule is not expected to be an Executive Order 13771 regulatory action because it is not significant under Executive Order 12866. Unfunded Mandates Reform Act Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public Law 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments, and the private sector. Under section 202 of UMRA, FNS generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local, or tribal governments in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of UMRA generally requires FNS to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more costeffective or least burdensome alternative that achieves the objectives of the rule. This proposed rule contains no Federal mandates, under the regulatory provisions of title II of UMRA, for State, local, and tribal governments, or the private sector, of $100 million or more in any one year. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 12372 CACFP is listed in the Assistance Listings under the Catalog of Federal Domestic Assistance Number 10.558 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. Since the Child Nutrition VerDate Sep<11>2014 17:34 Jun 28, 2019 Jkt 247001 Programs are State-administered, FNS has formal and informal discussions with State and local officials, including representatives of Indian Tribal Organizations, on an ongoing basis regarding CACFP requirements and operation. This provides FNS with the opportunity to receive regular input from State administrators and local CACFP operators, which contributes to the development of feasible requirements. Federalism Summary Impact Statement Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency’s considerations in terms of the three categories called for under section 6(b)(2)(B) of Executive Order 13132. FNS has determined that this proposed rule does not have federalism implications. This rule does not impose substantial or direct compliance costs on State and local governments. Therefore, under section 6(b) of the Executive Order, a federalism summary is not required. Executive Order 12988 This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have preemptive effect with respect to any State or local laws, regulations, or policies which conflict with its provisions or which would otherwise impede its full implementation. This rule is not intended to have retroactive effect. Prior to any judicial challenge to the application of the provisions of this rule, all applicable administrative procedures must be exhausted. Civil Rights Impact Analysis FNS has reviewed this proposed rule in accordance with USDA Regulation 4300–4, Civil Rights Impact Analysis, to identify and address any major civil rights impacts the rule might have on minorities, women, and persons with disabilities. After a careful review of the rule’s intent and provisions, FNS has determined that this rule is not expected to limit or reduce the ability of protected classes of individuals to participate as CACFP operators or as recipients of CACFP meal benefits. FNS also does not expect this rule to have any disparate impacts on CACFP operators by protected classes of individuals. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 Executive Order 13175 Executive Order 13175 requires Federal agencies to consult and coordinate with Tribes on a government-to-government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. FNS anticipates that this action would have no significant cost and no major increase in regulatory burden on tribal organizations. Paperwork Reduction Act The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35 and 5 CFR 1320, requires OMB to approve all collections of information by a Federal agency before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a current valid OMB control number. This proposed rule contains information collections that have been approved by OMB under control number 0584–0055. This rule does not add any new information collection requirements. E-Government Act Compliance FNS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects 7 CFR Part 210 Grant programs—education, Grant programs—health, Infants and children, Nutrition, Penalties, Reporting and recordkeeping requirements, School breakfast and lunch programs, 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, Day care, Food assistance programs, Grant programs, Grant programs—health, American Indians, Individuals with disabilities, Infants and children, Intergovernmental relations, Loan programs, Reporting and E:\FR\FM\01JYP1.SGM 01JYP1 31229 Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed Rules Authority: 42 U.S.C. 1751–1760, 1779. recordkeeping requirements, Surplus agricultural commodities. Accordingly, 7 CFR parts 210, 220 and 226 are amended as follows: (3) * * * (ii) * * * 2. In § 210.10, revise the tables in paragraphs (o)(3)(ii), (o)(4)(ii), (p)(2), and (q)(2) to read as follows: ■ PART 210—NATIONAL SCHOOL LUNCH PROGRAM § 210.10 Meal requirements for lunches and requirements for afterschool snacks. * 1. The authority citation for part 210 continues to read as follows: ■ * * (o) * * * * * PRESCHOOL SNACK MEAL PATTERN Minimum quantities Food components and food items 1 Ages 1–2 Milk 2 Fluid .............................................................................................................................. Meat/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 sweetened 5 .................................................. Peanuts, soy nuts, tree nuts, or seeds ........................................................................... Vegetables 3 ............................................................................................................................ Fruits 3 ..................................................................................................................................... Grains (oz eq): 6 7 Whole grain-rich or enriched bread ................................................................................. Whole grain-rich or enriched bread product, such as biscuit, roll, or muffin .................. Whole grain-rich, enriched, or fortified cooked breakfast cereal,8 cereal grain, and/or pasta. Whole grain-rich, enriched, or fortified ready-to-eat cereal (dry, cold): 8 9 Flakes or rounds ...................................................................................................... Puffed cereal ............................................................................................................ Granola ..................................................................................................................... Ages 3–5 4 fluid ounces ................ 4 fluid ounces. ⁄ ounce ........................ ⁄ ounce ........................ 1⁄2 ounce ........................ 1⁄2 ................................... 1⁄8 cup ............................ 1 Tbsp ............................ 2 ounces or 1⁄4 cup ........ 1⁄2 ounce ........................ 1⁄2 cup ............................ 1⁄2 cup ............................ ⁄ ounce. ⁄ ounce. 1⁄2 ounce. 1⁄2. 1⁄8 cup. 1 Tbsp. 2 ounces or 1⁄4 cup. 1⁄2 ounce. 1⁄2 cup. 1⁄2 cup. 12 ⁄ slice ........................... ⁄ serving ...................... 1⁄4 cup ............................ 12 12 12 12 ⁄ cup ............................ ⁄ cup ............................ 1⁄8 cup ............................ 12 34 34 12 12 12 12 ⁄ slice. ⁄ serving. 1⁄4 cup. ⁄ cup. ⁄ cup. 1⁄8 cup. Endnotes: 1 Select 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 of this 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, 2021, 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 cereal is 1⁄4 cup for children ages 1–2 and 1⁄3 cup for children ages 3–5. (4) * * * (ii) * * * INFANT SNACK MEAL PATTERN Birth through 5 months 6 through 11 months khammond on DSKBBV9HB2PROD with PROPOSALS 4–6 fluid ounces breastmilk 1 or formula 2 .......... 2–4 fluid ounces breastmilk 1 or formula; 2 and 0–1⁄2 slice bread; 3 4 or 0–2 cracker; 3 4 or 0–4 tablespoons infant cereal 2 3 4 or ready-to-eat breakfast cereal; 3 4 5 6 and 0–2 tablespoons vegetable or fruit, or a combination of both 6 7 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 A serving of grains must be whole grain-rich, enriched meal, or enriched flour. 4 Beginning October 1, 2021, ounce equivalents are used to determine the quantity of creditable grains. 5 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). 6 A serving of this component is required when the infant is developmentally ready to accept it. 7 Fruit and vegetable juices must not be served. VerDate Sep<11>2014 17:34 Jun 28, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\01JYP1.SGM 01JYP1 31230 * Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed Rules * * (p) * * * * * (2) * * * PRESCHOOL LUNCH MEAL PATTERN Minimum quantities Food components and food items 1 Ages 1–2 Fluid Milk 2 .............................................................................................................................. Meat/meat alternates (edible portion as served): Lean meat, poultry, or fish .............................................................................................. Tofu, soy products, or alternate protein products 3 ......................................................... 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 sweetened 4 .................................................. The following may be used to meet no more than 50% 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 (1 ounce of nuts/seeds = 1 ounce of cooked lean meat, poultry, or fish). Vegetables 5 ............................................................................................................................ Fruits 5 6 ................................................................................................................................... Grains (oz eq): 7 8 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,9 cereal grain, and/or pasta. Ages 3–5 4 fluid ounces ................ 6 fluid ounces. 1 ounce .......................... 1 ounce .......................... 1 ounce .......................... 1⁄2 ................................... 1⁄4 cup ............................ 2 Tbsp ............................ 4 ounces or 1⁄2 cup ........ 1⁄2 ounce = 50% ............. 11⁄2 ounces. 11⁄2 ounces. 11⁄2 ounces. 3⁄4. 3⁄8 cup. 3 Tbsp. 6 ounces or 3⁄4 cup. 3⁄4 ounce = 50%. 18 ⁄ cup ............................ ⁄ cup ............................ 14 18 14 ⁄ cup. ⁄ cup. 12 ⁄ slice ........................... ⁄ serving ...................... 1⁄4 cup ............................ 12 12 12 ⁄ slice. ⁄ serving. 1⁄4 cup. Endnotes: 1 Must serve all five components for a reimbursable meal. 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 Alternate protein products must meet the requirements in Appendix A to Part 226 of this chapter. 4 Yogurt must contain no more than 23 grams of total sugars per 6 ounces. 5 Pasteurized full-strength juice 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. 7 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. 8 Beginning October 1, 2021, 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). (q) * * * (2) * * * INFANT LUNCH MEAL PATTERN Birth through 5 months 6 through 11 months khammond on DSKBBV9HB2PROD with PROPOSALS 4–6 fluid ounces breastmilk 1 or formula 2 .......... 6–8 fluid ounces breastmilk 1 or formula; 2 and 0–4 tablespoons infant cereal 2 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 0–4 ounces or 1⁄2 cup of yogurt; 4 or a combination of the above; 5 and 0–2 tablespoons vegetable or fruit or a combination of both 5 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, 2021, ounce equivalents are used to determine the quantity of creditable grains. 4 Yogurt 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. VerDate Sep<11>2014 18:54 Jun 28, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\01JYP1.SGM 01JYP1 31231 Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed Rules * * * * Authority: 42 U.S.C. 1773, 1779, unless otherwise noted. * PART 220—SCHOOL BREAKFAST PROGRAM § 220.8 § 220.8 * Amended 4. In § 220.8, revise the tables in paragraphs (o)(2) and (p)(2), to read as follows: ■ 3. The authority citation for part 220 continues to read as follows: ■ Meal requirements for breakfasts. * * (o) * * * (2) * * * * * PRESCHOOL BREAKFAST MEAL PATTERN Minimum quantities Food components and food items 1 Ages 1–2 Fluid Milk 2 .............................................................................................................................. Vegetables, fruits, or portions of both 3 .................................................................................. Grains (oz eq) 4 5 6: 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,7 cereal grain, and/or pasta. Whole grain-rich, enriched, or fortified ready-to-eat breakfast cereal (dry, cold)7 8: Flakes or rounds ...................................................................................................... Puffed cereal ............................................................................................................ Granola ..................................................................................................................... 4 fluid ounces ................ ⁄ cup ............................ Ages 3–5 6 fluid ounces. ⁄ cup. 14 12 12 ⁄ slice ........................... ⁄ serving ...................... 1⁄4 cup ............................ 12 12 12 12 ⁄ cup ............................ ⁄ cup ............................ 1⁄8 cup ............................ 12 34 34 ⁄ slice. ⁄ serving. 1⁄4 cup. ⁄ cup. ⁄ cup. 1⁄8 cup. Endnotes: 1 Must serve all three components for a reimbursable meal. 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 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, 2021, 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 cereal is 1⁄4 cup for children ages 1–2 and 1⁄3 cup for children ages 3–5. (p) * * * (2) * * * INFANT BREAKFAST MEAL PATTERN Birth through 5 months 6 through 11 months khammond on DSKBBV9HB2PROD with PROPOSALS 4–6 fluid ounces breastmilk 1 or formula 2 .......... 6–8 fluid ounces breastmilk 1 or formula 2; and 0–4 tablespoons infant cereal 2 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 0–4 ounces or 1⁄2 cup of yogurt 4; or a combination of the above 5; and 0–2 tablespoons vegetable or fruit or a combination of both 5 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, 2021, ounce equivalents are used to determine the quantity of creditable grains. 4 Yogurt 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. * * * * * PART 226—CHILD AND ADULT CARE FOOD PROGRAM 5. The authority citation for 7 CFR part 226 continues to read as follows: ■ VerDate Sep<11>2014 17:34 Jun 28, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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. E:\FR\FM\01JYP1.SGM 01JYP1 31232 § 220.20 Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed Rules Amended 6. In § 226.20, remove the date ‘‘October 1, 2019’’ and add in its place ‘‘October 1, 2021’’ in the following places: ■ a. Endnote 3 of the table in paragraph (b)(5); ■ b. Endnote 7 of the table in paragraph (c)(1); ■ c. Endnote 10 of the table in paragraph (c)(2); and ■ d. Endnote 8 of the table in paragraph (c)(3). ■ Dated: June 14, 2019. Brandon Lipps, Administrator, Food and Nutrition Service. [FR Doc. 2019–13733 Filed 6–28–19; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF ENERGY 10 CFR Part 431 [EERE–2017–BT–STD–0016] Energy Conservation Program: Energy Conservation Standards for Metal Halide Lamp Fixtures Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Request for information. AGENCY: The U.S. Department of Energy (‘‘DOE’’) is attempting to determine whether to amend the current energy conservation standards for metal halide lamp fixtures. Under the Energy Policy and Conservation Act, as amended, DOE must review these standards at least once every six years and publish either a proposal to amend these standards or a notice of determination that the existing standards do not need amending. DOE is soliciting the public for information to help determine whether the current standards require amending under the applicable statutory criteria. DOE welcomes written comments from the public on any subject within the scope of this document, including topics not specifically raised. DATES: Written comments and information are requested and will be accepted on or before August 15, 2019. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE–2017–BT–STD–0016, by any of the following methods: khammond on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:34 Jun 28, 2019 Jkt 247001 1. Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. 2. Email: MHLF2017STD0016@ ee.doe.gov. Include the docket number EERE–2017–BT–STD–0016 in the subject line of the message. 3. Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 287–1445. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. 4. Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287–1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. No telefacsimilies (faxes) will be accepted. For detailed instructions on submitting comments and additional information on the rulemaking process, see section III of this document. Docket: The docket for this activity, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at http:// www.regulations.gov. All documents in the docket are listed in the http:// www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. The docket web page can be found at http://www.regulations.gov. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section III for information on how to submit comments through http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 287– 1604. Email: ApplianceStandardsQuestions@ ee.doe.gov. Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 586–8145. Email: Michael.Kido@hq.doe.gov. For further information on how to submit a comment, review other public PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 comments and the docket, or participate in the public meeting, contact the Appliance and Equipment Standards Program staff at (202) 287–1445 or by email: ApplianceStandardsQuestions@ ee.doe.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction A. Authority and Background B. Rulemaking Process II. Request for Information and Comments A. Equipment Covered by This Rulemaking B. Market and Technology Assessment 1. Product/Equipment Classes 2. Technology Assessment C. Screening Analysis D. Engineering Analysis 1. Baselines 2. Efficiency Levels and Maximum Technologically Feasible Levels 3. Manufacturer Production Costs and Manufacturing Selling Price E. Markups Analysis F. Energy Use Analysis G. Life-Cycle Cost and Payback Analysis H. Shipments I. National Impact Analysis J. Manufacturer Impact Analysis K. Other Energy Conservation Standards Topics 1. Market Failures 2. Market-Based Approaches to Energy Conservation Standards III. Submission of Comments I. Introduction A. Authority and Background The Energy Policy and Conservation Act of 1975, as amended (‘‘EPCA’’),1 among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and industrial equipment. (42 U.S.C. 6291– 6317) Title III, Part B 2 of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles. These products include metal halide lamp fixtures (‘‘MHLFs’’), the subject of this request for information (‘‘RFI’’).3 (42 U.S.C. 6292(a)(19)) EPCA prescribed energy conservation standards (‘‘ECS’’) for 1 All references to EPCA in this document refer to the statute as amended through America’s Water Infrastructure Act of 2018, Public Law 115–270 (October 23, 2018). 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A. 3 Although MHLFs (which are industrial lighting equipment) are treated as covered products under EPCA, as a matter of administrative convenience and to minimize confusion among interested parties, DOE adopted its MHLF provisions into subpart S of 10 CFR part 431 (the portion of DOE’s regulations dealing with commercial and industrial equipment) because businesses, rather than individuals, purchase them. 74 FR 12058, 12062 (March 23, 2009). For the purpose of this notice, DOE refers to MHLFs generally as ‘‘equipment.’’ When the notice refers to specific provisions in Part A of EPCA, the term ‘‘product’’ is used. E:\FR\FM\01JYP1.SGM 01JYP1

Agencies

[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31227-31232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13733]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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


Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed 
Rules

[[Page 31227]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210, 220, and 226

[FNS-2019-0005]
RIN 0584-AE65


Delayed Implementation of Grains Ounce Equivalents in the Child 
and Adult Care Food Program

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Proposed rule.

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

SUMMARY: This action proposes to delay, from October 1, 2019 until 
October 1, 2021, the implementation date of the ``ounce equivalents'' 
requirement for crediting grains served in the Child and Adult Care 
Food Program (CACFP). The final rule, Child and Adult Care Food 
Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free 
Kids Act of 2010, published at 81 FR 24347 on April 25, 2016, specified 
that meal planners must use ounce equivalents to determine the amount 
of creditable grain served as part of a reimbursable meal or snack. The 
new implementation date would allow more time for FNS to develop 
additional technical assistance materials and for State agencies and 
sponsoring organizations to provide training and technical assistance 
to make compliance easier for meal planners nationwide.

DATES: Written comments must be received on or before July 31, 2019 to 
be assured of consideration.

ADDRESSES: FNS invites interested persons to submit written comments on 
this proposed rule. Comments may be submitted in writing by one of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send comments to Community Meals Branch, Policy and 
Program Development Division, USDA Food and Nutrition Service, 3101 
Park Center Drive, Alexandria, Virginia 22302.
    All written comments submitted in response to this proposed rule 
will be included in the record and will be made available to the 
public. Please be advised that the substance of the comments and the 
identity of the individuals or entities submitting the comments will be 
subject to public disclosure. FNS will make the written comments 
publicly available via http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Andrea Farmer, Chief, Community Meals 
Branch, Policy and Program Development Division, USDA Food and 
Nutrition Service, 703-305-2590.

SUPPLEMENTARY INFORMATION:

Background

    The final rule, Child and Adult Care Food Program: Meal Pattern 
Revisions Related to the Healthy, Hunger-Free Kids Act of 2010, 
published at 81 FR 24347 on April 25, 2016, specified that grains must 
be credited using ``ounce equivalents.'' Historically, meal planners at 
day care homes and centers in CACFP have credited grains served as part 
of a reimbursable meal or snack based on household measures, such as 
cups or ``servings'' of breads and other grain-based foods. The ounce 
equivalents provision would bring CACFP in line with the National 
School Lunch and School Breakfast Programs, as well as the technical 
measurement approach reflected in the Dietary Guidelines for Americans.
    To make compliance easier, particularly as State agencies and local 
partners were focused on implementing more significant aspects of the 
meal pattern rule, FNS initially delayed implementation of the ounce 
equivalents provision until October 1, 2019. However, even with the 
additional time, input from stakeholders--including public comments 
received through a request for information, Food Crediting in Child 
Nutrition Programs, published at 82 FR 58792 on February 14, 2017--has 
convinced FNS that meal planners may not be universally ready to 
effectively implement the ounce equivalents requirement by October of 
this year without additional training and resources. Confusion over the 
implementation of ounce equivalents amongst some meal planners has 
generated fears about meal disallowances and meal documentation 
requirements, which may discourage day care homes and centers from 
participating in CACFP. FNS believes that additional training and 
technical assistance will be needed to provide meal planners with the 
tools they need to more easily implement this provision.
    Accordingly, FNS is proposing a delay of implementation of the 
ounce equivalents requirement until October 1, 2021. Corresponding 
changes would be made to the infant meal pattern tables at 7 CFR 
210.10(o), 210.10(q), 220.8(p), and 226.20(c); preschool meal pattern 
tables at 7 CFR 210.10(o), 210.10(p), and 220.8(o); and meal pattern 
tables for children and adult participants at 226.20(c). The new 
implementation date would allow more time for FNS to continue to 
develop additional technical assistance materials to better support 
providers. By proposing a two-year extension, State agencies and 
sponsoring organizations should have adequate time to use these 
materials to provide training and technical assistance to make 
compliance easier for meal planners nationwide. This proposed action is 
consistent with our efforts to provide excellent customer service as we 
work with State and local partners to ensure high quality, nutritious 
meals for children and adult participants in CACFP.

Procedural Matters

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits, including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity. Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
This proposed rule has been determined to be not significant and was 
not reviewed by the Office of Management and Budget (OMB).

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires Agencies 
to analyze the impact of rulemaking on small entities and consider 
alternatives

[[Page 31228]]

that would minimize any significant impacts on a substantial number of 
small entities. The FNS Administrator has certified that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities. This rule allows meal planners additional 
time to receive training and technical assistance and additional time 
for State agencies and sponsoring organizations to facilitate 
implementation of the new requirement. While this rule will affect 
State agencies, sponsoring organizations, and day care homes and 
centers, any economic effect will not be significant.

Executive Order 13771

    Executive Order 13771 directs agencies to reduce regulation and 
control regulatory costs and provides that the cost of planned 
regulations be prudently managed and controlled through a budgeting 
process. This proposed rule is not expected to be an Executive Order 
13771 regulatory action because it is not significant under Executive 
Order 12866.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments, and the private sector. Under section 202 of UMRA, FNS 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, or tribal governments in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. When such a statement is needed for a rule, section 205 of 
UMRA generally requires FNS to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, more 
cost-effective or least burdensome alternative that achieves the 
objectives of the rule. This proposed rule contains no Federal 
mandates, under the regulatory provisions of title II of UMRA, for 
State, local, and tribal governments, or the private sector, of $100 
million or more in any one year. Therefore, this rule is not subject to 
the requirements of sections 202 and 205 of UMRA.

Executive Order 12372

    CACFP is listed in the Assistance Listings under the Catalog of 
Federal Domestic Assistance Number 10.558 and is subject to Executive 
Order 12372, which requires intergovernmental consultation with State 
and local officials. Since the Child Nutrition Programs are State-
administered, FNS has formal and informal discussions with State and 
local officials, including representatives of Indian Tribal 
Organizations, on an ongoing basis regarding CACFP requirements and 
operation. This provides FNS with the opportunity to receive regular 
input from State administrators and local CACFP operators, which 
contributes to the development of feasible requirements.

Federalism Summary Impact Statement

    Executive Order 13132 requires Federal agencies to consider the 
impact of their regulatory actions on State and local governments. 
Where such actions have federalism implications, agencies are directed 
to provide a statement for inclusion in the preamble to the regulations 
describing the agency's considerations in terms of the three categories 
called for under section 6(b)(2)(B) of Executive Order 13132. FNS has 
determined that this proposed rule does not have federalism 
implications. This rule does not impose substantial or direct 
compliance costs on State and local governments. Therefore, under 
section 6(b) of the Executive Order, a federalism summary is not 
required.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is not intended to have preemptive 
effect with respect to any State or local laws, regulations, or 
policies which conflict with its provisions or which would otherwise 
impede its full implementation. This rule is not intended to have 
retroactive effect. Prior to any judicial challenge to the application 
of the provisions of this rule, all applicable administrative 
procedures must be exhausted.

Civil Rights Impact Analysis

    FNS has reviewed this proposed rule in accordance with USDA 
Regulation 4300-4, Civil Rights Impact Analysis, to identify and 
address any major civil rights impacts the rule might have on 
minorities, women, and persons with disabilities. After a careful 
review of the rule's intent and provisions, FNS has determined that 
this rule is not expected to limit or reduce the ability of protected 
classes of individuals to participate as CACFP operators or as 
recipients of CACFP meal benefits. FNS also does not expect this rule 
to have any disparate impacts on CACFP operators by protected classes 
of individuals.

Executive Order 13175

    Executive Order 13175 requires Federal agencies to consult and 
coordinate with Tribes on a government-to-government basis on policies 
that have Tribal implications, including regulations, legislative 
comments or proposed legislation, and other policy statements or 
actions that have substantial direct effects on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes. FNS anticipates that this 
action would have no significant cost and no major increase in 
regulatory burden on tribal organizations.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35 and 5 CFR 
1320, requires OMB to approve all collections of information by a 
Federal agency before they can be implemented. Respondents are not 
required to respond to any collection of information unless it displays 
a current valid OMB control number. This proposed rule contains 
information collections that have been approved by OMB under control 
number 0584-0055. This rule does not add any new information collection 
requirements.

E-Government Act Compliance

    FNS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.

List of Subjects

7 CFR Part 210

    Grant programs--education, Grant programs--health, Infants and 
children, Nutrition, Penalties, Reporting and recordkeeping 
requirements, School breakfast and lunch programs, 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, Day care, Food assistance programs, Grant 
programs, Grant programs--health, American Indians, Individuals with 
disabilities, Infants and children, Intergovernmental relations, Loan 
programs, Reporting and

[[Page 31229]]

recordkeeping requirements, Surplus agricultural commodities.
    Accordingly, 7 CFR parts 210, 220 and 226 are amended as follows:

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, revise the tables in paragraphs (o)(3)(ii), 
(o)(4)(ii), (p)(2), and (q)(2) to read as follows:


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

* * * * *
    (o) * * *
    (3) * * *
    (ii) * * *

                                          Preschool Snack Meal Pattern
----------------------------------------------------------------------------------------------------------------
                                                                      Minimum quantities
      Food components and food items 1      --------------------------------------------------------------------
                                                          Ages 1-2                          Ages 3-5
----------------------------------------------------------------------------------------------------------------
Fluid Milk 2...............................  4 fluid ounces...................  4 fluid ounces.
Meat/meat alternates (edible portion as
 served):
    Lean meat, poultry, or fish............  \1/2\ ounce......................  \1/2\ ounce.
    Tofu, soy products, or alternate         \1/2\ ounce......................  \1/2\ ounce.
     protein products 4.
    Cheese.................................  \1/2\ ounce......................  \1/2\ ounce.
    Large egg..............................  \1/2\............................  \1/2\.
    Cooked dry beans or peas...............  \1/8\ cup........................  \1/8\ cup.
    Peanut butter or soy nut butter or       1 Tbsp...........................  1 Tbsp.
     other nut or seed butters.
    Yogurt, plain or flavored unsweetened    2 ounces or \1/4\ cup............  2 ounces or \1/4\ cup.
     or sweetened 5.
    Peanuts, soy nuts, tree nuts, or seeds.  \1/2\ ounce......................  \1/2\ ounce.
Vegetables 3...............................  \1/2\ cup........................  \1/2\ cup.
Fruits 3...................................  \1/2\ cup........................  \1/2\ cup.
Grains (oz eq): 6 7
    Whole grain-rich or enriched bread.....  \1/2\ slice......................  \1/2\ slice.
    Whole grain-rich or enriched bread       \1/2\ serving....................  \1/2\ serving.
     product, such as biscuit, roll, or
     muffin.
    Whole grain-rich, enriched, or           \1/4\ cup........................  \1/4\ cup.
     fortified cooked breakfast cereal,8
     cereal grain, and/or pasta.
    Whole grain-rich, enriched, or
     fortified ready-to-eat cereal (dry,
     cold): 8 9
        Flakes or rounds...................  \1/2\ cup........................  \1/2\ cup.
        Puffed cereal......................  \3/4\ cup........................  \3/4\ cup.
        Granola............................  \1/8\ cup........................  \1/8\ cup.
----------------------------------------------------------------------------------------------------------------
Endnotes:
1 Select 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 of this 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, 2021, 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
  cereal is \1/4\ cup for children ages 1-2 and \1/3\ cup for children ages 3-5.

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

                        Infant Snack Meal Pattern
------------------------------------------------------------------------
    Birth through 5 months                6 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces breastmilk 1  2-4 fluid ounces breastmilk 1 or formula;
 or formula 2.                  2 and
                               0-\1/2\ slice bread; 3 4 or
                               0-2 cracker; 3 4 or
                               0-4 tablespoons infant cereal 2 3 4 or
                                ready-to-eat breakfast cereal; 3 4 5 6
                                and
                               0-2 tablespoons vegetable or fruit, or a
                                combination of both 6 7
------------------------------------------------------------------------
\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 A serving of grains must be whole grain-rich, enriched meal, or
  enriched flour.
4 Beginning October 1, 2021, ounce equivalents are used to determine the
  quantity of creditable grains.
5 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).
6 A serving of this component is required when the infant is
  developmentally ready to accept it.
7 Fruit and vegetable juices must not be served.


[[Page 31230]]

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

                                          Preschool Lunch Meal Pattern
----------------------------------------------------------------------------------------------------------------
                                                                      Minimum quantities
     Food components and food items \1\     --------------------------------------------------------------------
                                                          Ages 1-2                          Ages 3-5
----------------------------------------------------------------------------------------------------------------
Fluid Milk \2\.............................  4 fluid ounces...................  6 fluid ounces.
Meat/meat alternates (edible portion as
 served):
    Lean meat, poultry, or fish............  1 ounce..........................  1 \1/2\ ounces.
    Tofu, soy products, or alternate         1 ounce..........................  1 \1/2\ ounces.
     protein products \3\.
    Cheese.................................  1 ounce..........................  1 \1/2\ ounces.
    Large egg..............................  \1/2\............................  \3/4\.
    Cooked dry beans or peas...............  \1/4\ cup........................  \3/8\ cup.
    Peanut butter or soy nut butter or       2 Tbsp...........................  3 Tbsp.
     other nut or seed butters.
    Yogurt, plain or flavored unsweetened    4 ounces or \1/2\ cup............  6 ounces or \3/4\ cup.
     or sweetened \4\.
    The following may be used to meet no     \1/2\ ounce = 50%................  \3/4\ ounce = 50%.
     more than 50% 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 (1 ounce of nuts/seeds = 1
     ounce of cooked lean meat, poultry, or
     fish).
Vegetables \5\.............................  \1/8\ cup........................  \1/4\ cup.
Fruits \5\ \6\.............................  \1/8\ cup........................  \1/4\ cup.
Grains (oz eq): \7\ \8\
    Whole grain-rich or enriched bread.....  \1/2\ slice......................  \1/2\ slice.
    Whole grain-rich or enriched bread       \1/2\ serving....................  \1/2\ serving.
     product, such as biscuit, roll, muffin.
    Whole grain-rich, enriched, or           \1/4\ cup........................  \1/4\ cup.
     fortified cooked breakfast cereal,\9\
     cereal grain, and/or pasta.
----------------------------------------------------------------------------------------------------------------
Endnotes:
\1\ Must serve all five components for a reimbursable meal.
\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\ Alternate protein products must meet the requirements in Appendix A to Part 226 of this chapter.
\4\ Yogurt must contain no more than 23 grams of total sugars per 6 ounces.
\5\ Pasteurized full-strength juice 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.
\7\ 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.
\8\ Beginning October 1, 2021, 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).

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

                        Infant Lunch Meal Pattern
------------------------------------------------------------------------
    Birth through 5 months                6 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces breastmilk    6-8 fluid ounces breastmilk \1\ or
 \1\ or formula \2\.            formula; \2\ and
                                  0-4 tablespoons
                                  infant cereal 2 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
                               0-4 ounces or \1/2\ cup of yogurt; \4\ or
                                a combination of the above; \5\ and
                               0-2 tablespoons vegetable or fruit or a
                                combination of both \5\ \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, 2021, ounce equivalents are used to determine
  the quantity of creditable grains.
\4\ Yogurt 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.


[[Page 31231]]

* * * * *

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.


Sec.  220.8  Amended

0
4. In Sec.  220.8, revise the tables in paragraphs (o)(2) and (p)(2), 
to read as follows:


Sec.  220.8   Meal requirements for breakfasts.

* * * * *
    (o) * * *
    (2) * * *

                                        Preschool Breakfast Meal Pattern
----------------------------------------------------------------------------------------------------------------
                                                                      Minimum quantities
     Food components and food items \1\     --------------------------------------------------------------------
                                                          Ages 1-2                          Ages 3-5
----------------------------------------------------------------------------------------------------------------
Fluid Milk \2\.............................  4 fluid ounces...................  6 fluid ounces.
Vegetables, fruits, or portions of both \3\  \1/4\ cup........................  \1/2\ cup.
Grains (oz eq) 4 5 6:
    Whole grain-rich or enriched bread.....  \1/2\ slice......................  \1/2\ slice.
    Whole grain-rich or enriched bread       \1/2\ serving....................  \1/2\ serving.
     product, such as biscuit, roll, muffin.
    Whole grain-rich, enriched, or           \1/4\ cup........................  \1/4\ cup.
     fortified cooked breakfast cereal,\7\
     cereal grain, and/or pasta.
    Whole grain-rich, enriched, or
     fortified ready-to-eat breakfast
     cereal (dry, cold)7 8:
        Flakes or rounds...................  \1/2\ cup........................  \1/2\ cup.
        Puffed cereal......................  \3/4\ cup........................  \3/4\ cup.
        Granola............................  \1/8\ cup........................  \1/8\ cup.
----------------------------------------------------------------------------------------------------------------
Endnotes:
\1\ Must serve all three components for a reimbursable meal.
\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\ 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, 2021, 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
  cereal is \1/4\ cup for children ages 1-2 and \1/3\ cup for children ages 3-5.

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

                      Infant Breakfast Meal Pattern
------------------------------------------------------------------------
    Birth through 5 months                6 through 11 months
------------------------------------------------------------------------
4-6 fluid ounces breastmilk    6-8 fluid ounces breastmilk \1\ or
 \1\ or formula \2\.            formula \2\; and
                               0-4 tablespoons
                               infant cereal 2 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
                               0-4 ounces or \1/2\ cup of yogurt \4\; or
                                a combination of the above \5\; and
                               0-2 tablespoons vegetable or fruit or a
                                combination of both 5 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, 2021, ounce equivalents are used to determine
  the quantity of creditable grains.
\4\ Yogurt 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.

* * * * *

PART 226--CHILD AND ADULT CARE FOOD PROGRAM

0
5. The authority citation for 7 CFR 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.

[[Page 31232]]

Sec.  220.20  Amended

0
6. In Sec.  226.20, remove the date ``October 1, 2019'' and add in its 
place ``October 1, 2021'' in the following places:
0
a. Endnote 3 of the table in paragraph (b)(5);
0
b. Endnote 7 of the table in paragraph (c)(1);
0
c. Endnote 10 of the table in paragraph (c)(2); and
0
d. Endnote 8 of the table in paragraph (c)(3).

    Dated: June 14, 2019.
Brandon Lipps,
Administrator, Food and Nutrition Service.
[FR Doc. 2019-13733 Filed 6-28-19; 8:45 am]
BILLING CODE 3410-30-P