Base
Proposed RuleSignificant2020-257612020-11-25

Restoration of Milk, Whole Grains, and Sodium Flexibilities

Agriculture Department, Food and Nutrition Service

Abstract

This rulemaking proposes to codify three menu planning flexibilities established by the interim final rule titled, Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements published November 30, 2017, and made permanent with some modifications by a final rule of the same title published December 12, 2018, hereafter referred to as the 2018 Final Rule. An April 2020 court decision vacated and remanded the 2018 Final Rule. In response to the vacatur and remand of the 2018 Final Rule, this rule proposes targeted changes to: Allow National School Lunch Program and School Breakfast Program operators to permanently offer flavored, low-fat milk as part of a reimbursable meal and for sale as a competitive beverage and allow flavored, low-fat milk in the Special Milk Program for Children and in the Child and Adult Care Food Program for participants ages 6 and older; allow for half of the weekly grains in the National School Lunch Program and School Breakfast Program menus to be whole grain-rich; and provide schools participating in the National School Lunch Program and School Breakfast Programs more time for gradual sodium reduction by retaining Sodium Target 1 through the end of school year (SY) 2023- 2024, continuing to Target 2 in SY 2024-2025, and eliminating the Final Target.

Action & Dates

Action
Proposed rule.
Dates
Comment date: Online comments submitted through the Federal eRulemaking Portal on this proposed rule must be received on or before December 28, 2020. Mailed comments on this rule must be postmarked on or before December 28, 2020.

CFR References

Topics

AccountingAgedDay careFood assistance programsGrant programsGrant programs-educationGrant programs-healthIndividuals with disabilitiesInfants and childrenIntergovernmental relationsLoan programsMilkNutritionPenaltiesReporting and recordkeeping requirementsSchool breakfast and lunch programsSurplus agricultural commodities

Public Comment

Comments Close
2020-12-28

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Agriculture Food and Nutrition Service 7 CFR Parts 210, 215, 220, and 226 [FNS-2020-0038] RIN 0584-AE81 AGENCY: Food and Nutrition Service (FNS), USDA. ACTION: Proposed rule. SUMMARY: This rulemaking proposes to codify three menu planning flexibilities established by the interim final rule titled, Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements published November 30, 2017, and made permanent with some modifications by a final rule of the same title published December 12, 2018, hereafter referred to as the 2018 Final Rule. An April 2020 court decision vacated and remanded the 2018 Final Rule. In response to the vacatur and remand of the 2018 Final Rule, this rule proposes targeted changes to: Allow National School Lunch Program and School Breakfast Program operators to permanently offer flavored, low-fat milk as part of a reimbursable meal and for sale as a competitive beverage and allow flavored, low-fat milk in the Special Milk Program for Children and in the Child and Adult Care Food Program for participants ages 6 and older; allow for half of the weekly grains in the National School Lunch Program and School Breakfast Program menus to be whole grain-rich; and provide schools participating in the National School Lunch Program and School Breakfast Programs more time for gradual sodium reduction by retaining Sodium Target 1 through the end of school year (SY) 2023-2024, continuing to Target 2 in SY 2024-2025, and eliminatin

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Related Documents

Other Federal Register documents from the same docket.

Full Document

Citation: 85 FR 75241