Delayed Implementation of Grains Ounce Equivalents in the Child and Adult Care Food Program, 31227-31232 [2019-13733]
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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
https://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:
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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 https://
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
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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
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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
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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.
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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
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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.
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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.
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*
*
*
*
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:
■
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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.
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§ 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
https://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: https://
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 https://
www.regulations.gov. All documents in
the docket are listed in the https://
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
https://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 https://
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 https://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 https://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
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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.
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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
