Milk Requirements in the Child Nutrition Programs

This web page provides the milk requirements for the Child Nutrition Programs (CNP), including the meal pattern requirements, types of milks to offer, milk substitute forms, nutrient standards for milk, policy guidance, FAQs, and contacts.

Overview

Fluid milk is required in all of the CNPs, including the National School Lunch Program (NSLP), Seamless Summer Option (SSO), NSLP Afterschool Snack Program, School Breakfast Program (SBP), Summer Food Service Program (SFSP), and Special Milk Program. The definition of fluid milk is outlined in the Title 21, Code of Federal Regulations (21 CFR), Section 131.110 . The fluid milk requirements is based on the current Dietary Guidelines for Americans. The milk requirements can vary slightly by program. In any of the CNPs, if a child needs a fluid milk substitute due to a disability, it must be accommodated once the program operator is provided a written medical statement that addresses the need for a milk substitute and is completed and signed by a state licensed healthcare professional. If a medical statement does not fully explain the modification needed, the program operator should immediately contact the child’s parent or guardian for guidance and ask the family to provide an amended medical statement as soon as possible. However, clarification of the medical statement should not delay the program operator from providing a meal modification. Program operators should follow the portion of the medical statement that is clear and unambiguous to the greatest extent possible, while obtaining the additional information. If a child has a non-disability reason for a fluid milk substitute, such as personal preference or religious need, program operators have the discretion, but are encouraged to offer a fluid milk substitute once they appropriate forms are completed. For a non-disability, the milk substitute that is offered must meet the nutritional specifications identified on the Nutrient Standards tab of this web page below. For more information and to access the above referenced forms regarding a milk substitution for a disability or non-disability, visit the Substitutions tab.

Nondairy beverages offered as fluid milk substitutes, such as plant-based milk alternatives, may be offered in the CNPs. If provided to children for non-disability reasons, the plant-based milk alternatives must be nutritionally equivalent to fluid milk and provide the required nutrients identified below on the Nutrient Standards tab of this web page.

Please note: There are separate requirements for selling milk or selling milk substitutes as a competitive beverage. For competitive beverage requirements, visit the California Department of Education (CDE) Competitive Foods and Beverages web page.

Meal Pattern Requirements

For each CNP, the fluid milk requirements can vary. Review the descriptions and use the links below for more information about each program’s requirement.

Meal Pattern	Description
NSLP Meal Pattern web page	In the NSLP, fluid milk is one of the five required components that program operators must offer students at lunch. At least two milk choices must be offered. Pasteurized, fluid types of milk that meet state and local standards and contain vitamins A and D at levels specified by the Food and Drug Administration must be offered. All milk must be fat-free or low-fat. Milk with higher fat content is not allowed. Fat-free and low-fat fluid milk may be flavored or unflavored; if flavored milk is offered, then the other milk choice must be unflavored and, beginning July 1, 2025, it must not exceed the established limit for added sugars of no more than 10 grams of added sugar per 8 fluid ounces. Low-fat or fat-free, lactose-free, and reduced-lactose fluid milk may also be offered. Fat-free or low-fat cultured milk, fat-free or low-fat acidified milk, and Ultra High Temperature milk are also allowed.
SBP Meal Pattern web page	In the SBP, fluid milk must be one of the three components offered to students at breakfast. At least two milk choices must be offered. Pasteurized, fluid types of milk that meet state and local standards and contain vitamins A and D at levels specified by the Food and Drug Administration must be offered. All milk must be fat-free or low-fat. Milk with higher fat content is not allowed. Fat-free and low-fat fluid milk may be flavored or unflavored; if flavored milk is offered, then the other milk choice must be unflavored and, beginning July 1, 2025, it must not exceed the established limit for added sugars of no more than 10 grams of added sugar per 8 fluid ounces. Low-fat or fat-free, lactose-free, and reduced-lactose fluid milk may also be offered. Fat-free or low-fat cultured milk, fat-free or low-fat acidified milk, and Ultra High Temperature milk are also allowed.
NSLP Afterschool Snack Program Meal Patterns web page	In the Afterschool Snack Program, fluid milk is one of four food components that can be served. Program operators only need to select two of the four components for a reimbursable snack. When milk is served as a snack component, it is not required that program operators offer a variety of milk choices. Please note that fluid milk cannot be served when juice is the only other food component available and if flavored milk is offered, beginning July 1, 2025, it must not exceed the established limit for added sugars of no more than 10 grams of added sugar per 8 fluid ounces.
SFSP Meal Pattern web page	In the SFSP, school food authorities that are program operators of the NSLP/SBP may substitute the SFSP Meal Pattern with the NSLP/SBP meal pattern (above). However, if the program operator only operates the SFSP, then the SFSP meal pattern must be implemented, and only one type of milk needs to be offered, beginning July 1, 2025, it must not exceed the established limit for added sugars of no more than 10 grams of added sugar per 8 fluid ounces.
SSO web page	In the SSO, program operators use the NSLP and SBP meal patterns (above).
Special Milk Program web page	In the Special Milk Program, only one type of fluid milk needs to be offered. If flavored milk is offered, beginning July 1, 2025, it must not exceed the established limit for added sugars of no more than 10 grams of added sugar per 8 fluid ounces.

Requirements for Types of Milks Offered

Program operators must offer children pasteurized, fluid types of milk that meet state and local standards and contain vitamins A and D at levels specified by the Food and Drug Administration. The following regulations should be noted:

All milk must be fat-free or low-fat (1 percent). Milk with higher fat content is not allowed.
Fat-free fluid milk can be flavored or unflavored.
Low-fat (1 percent) fluid milk can be flavored or unflavored.
At least two types of milk must be offered for SBP, NSLP and SSO.
If schools offer flavored milk, then unflavored milk must also be available at the meal service and beginning July 1, 2025, the flavored milk offered must contain no more than 10 grams of added sugar per 8 fluid ounces.

Information regarding vitamin A and D level requirements is located on the Nutrient Standards tab.

Program operators have the option, but are not required to, offer children the following fluid milk options as long as they adhere to state and federal requirements:

Low-fat (1 percent) or fat-free, lactose-free, and reduced-lactose fluid milk
Organic milk or milk with a label indicating it was produced from cows not treated with hormones
Fat-free or low-fat (1 percent) cultured milk, such as cultured buttermilk, cultured kefir milk, and cultured acidophilus milk
Fat-free or low-fat (1 percent) acidified milk, such as acidified kefir milk and acidified acidophilus milk
Ultra High Temperature (UHT) milk
Fluid milk substitutes including plant-based milk alternatives such as soymilk

For more information visit the Substitutions tab of this web page.

Milk Substitutes

The Richard B. Russell National School Lunch Act and Title 7, Code of Federal Regulations (7 CFR), Section 210.10 (m)(2)(ii)(B) requires that parents or legal guardians must request the fluid milk substitution in writing; the U.S. Department of Agriculture (USDA) is not able to grant a waiver on this requirement. The written statement is required by statute and regulation when the fluid milk substitute is being served as part of the reimbursable meal.

Substitutes for Disability Reasons

Program operators must offer fluid milk substitutes to students for: (1) Disabilities, or (2) Medical needs, when:

A state licensed healthcare professional (licensed physician, physician assistant, or nurse practitioner) completes and signs the CDE Medical Statement to Request Special Meals and/or Accommodations form (CNP-925).
The CNP-925 form is located in the Download Forms Section of the Child Nutrition Information and Payment System (CNIPS).

Substitutes for Non-disability Reasons

Program operators are given the discretion to offer fluid milk substitutes to students for (1) Medical and (2) Special Dietary needs, when:

The program operator has found a product that meets the Food and Drug Administration specified nutrient standards.
The parent or guardian completes, signs, and returns the Parental Request for Fluid Milk Substitution for School-age Children form (SNP-26).
- The SNP-26 forms is located in the Download Forms Section of the CNIPS
- An electronic signature is acceptable on this form.

Special dietary needs include those accommodations related to religious or moral convictions or personal preference.

When providing a student a fluid milk substitute for non- disability reasons, program operators must notify the CDE by emailing a completed and signed Fluid Milk Substitutions Notification form (SNP-05) to SNPInfo@cde.ca.gov. The SNP-05 form is located in the Download Forms Section of the CNIPS.

For more information on the program operator's role in providing milk substitutions, visit the CDE Final Rule: Fluid Milk Substitutions web page.

Nutrient Standards for Fluid Milk and Substitutes

A program operator who offers a milk substitute to a student for disability reasons, and has the Special Meals and/or Accommodations form on file, is required to provide the substitute that is requested by the state licensed healthcare professional (licensed physician, physician assistant, or nurse practitioner).

If a program operator offers a milk substitute to student for non-disability reasons, and has a Parental Request for Fluid Milk Substitution for School-age Children form (SNP-26) on file, the nondairy beverage must provide the nutrients listed in the following table:

Nutrient	Per one (1) cup (8 ounces)
Calcium	276 milligrams (mg)
Protein	8 grams (g)
Vitamin A	500 International Units (IU) or 150 micrograms (mcg) retinol activity equivalents (RAE)
Vitamin D	100 IU or 2.5 mcg
Magnesium	24 mg
Phosphorus	222 mg
Potassium	349 mg
Riboflavin	0.44 mg
Vitamin B-12	1.1 mcg

Note that the added sugar limits for flavored milk that go into effect July 1, 2025, do not apply to non-dairy fluid milk substitutes.

Policy Guidance

The U.S. Department of Agriculture (USDA) and CDE have issued the following policy memoranda related to milk requirements. When merited, the CDE will release an additional management bulletin to include state specific policy guidance and further explain or clarify the topic listed below:

Release Date	Subject	Reference Number
October 2024	Fluid Milk Requirements for Schools	SP-01-2025
June 2022	Transitional Meal Standards School Year 2022–23 and 2023–24	SNP-03-2022
September 2024	Modifications to Accommodate Disabilities in the School Meal Programs	SNP-07-2024
June 2016	Nutrition Requirements for Fluid Milk	SNP-13-2016
April 2010	Final Rule: Fluid Milk Substitutions	USDA-CNP-04-2010

Frequently Asked Questions (FAQs)

The CDE Nutrition Services Division (NSD) is providing Frequently Asked Questions (FAQs) to help clarify common questions regarding milk requirements in the CNPs.

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Can schools use bulk milk dispensers, also called steel cows, to provide the milk component to students during meal service?

Yes. Schools may use bulk milk dispensers to provide milk to their students during meal service. Regulations do not mandate any specific type of packaging for milk served as part of the reimbursable meal, nor do they restrict the ability of schools to use milk dispensers. Schools may use these self-serve machines as long as they:

Offer at least two choices of fluid milk that meet the meal pattern guidelines
Take steps to ensure that children receive the required 8 fluid ounce (oz) ounce serving when selecting milk, such as procuring cups that are greater than 8 (oz) to accommodate 8 (oz) of milk
Update and display signage indicating the components in a reimbursable meal
Update policy and procedures to include how food service staff will monitor or check that students receive the full 8 (oz) serving

Can fluid milk and fluid milk substitutes be sold as competitive beverages (beverages that are sold to students, on school campus, during the school day, and outside of the CNPs)?

Yes. Requirements for competitive beverages, including milk and milk substitutes, are different from requirements for the CNPs. For competitive beverage requirements, visit the CDE Competitive Foods and Beverages web page, select the Resources tab, and the Quick Reference Cards for competitive beverage requirements.

Is it an appropriate use of the food service account funds to offer milk, fluid milk substitutes, or plant-based milk as an a la carte item?

Yes. This only applies if a program operator chooses to offer the milk(s) as an a la carte item at no charge or at a price lower than the cost. However, because milk and other beverages offered outside of reimbursable meals are nonprogram foods, the program operators must generate adequate revenue from other nonprogram foods so that the total revenue meets the requirements in Title 7 Code of Federal Regulations, Section 210.14(f). See Q 17, on page 36, in SP 10-2012v9.

Is there a limit to the amount of added sugars that flavored milk, served as a part of a Child Nutrition Program can contain?

Beginning July 1, 2025, flavored milk served as a part of the Child Nutrition Programs must contain no more than 10 grams of added sugars per 8 fluid ounces.

How is fluid milk defined?

Fluid milk refers to pasteurized fat-free (skim) milk; low-fat (1 percent) milk; reduced-fat (2 percent) milk; whole milk; lactose-free milk; lactose-reduced milk; cultured milk, such as cultured buttermilk, cultured kefir milk, and cultured acidophilus milk; acidified milk, such as acidified kefir milk and acidified acidophilus milk; and Ultra High Temperature (UHT) milk, all of which meet State and local standards for such milk.

Contacts

If you have any questions regarding milk requirements for the CNPs, please contact the School Nutrition Program Unit by email at SNPInfo@cde.ca.gov.

Questions: Nutrition Services Division | 800-952-5609

Last Reviewed: Wednesday, October 30, 2024

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