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Final Rule: Fluid Milk Substitutions

This management bulletin updates and replaces USDA-CNP-04-2010, related to Fluid Milk Substitutions in School Nutrition Programs to align with the Final Rule.

Nutrition Services Division Management Bulletin

Purpose: Policy, Beneficial Information

To: School Nutrition Program and Summer Food Service Operators

Attention: Program Operators

Number: SNP-11-2024

Date: December 2024

Reference: Title 7, Code of Federal Regulations, sections 210.10(d)(2) and 220.8(m); U.S. Department of Agriculture Final Rule (Federal Register Vol. 89, No. 81, April 25, 2024, pp. 31987-31988) and USDA Policy Memorandum SP-01-2025 Fluid Milk Requirements for School Meals

Supersedes: Management Bulletin USDA-CNP-04-2010: Final Rule Regarding Fluid Milk Substitutions

Subject: Final Rule Regarding Fluid Milk Substitutions in School Nutrition Programs

This management bulletin updates and replaces USDA-CNP-04-2010, related to Fluid Milk Substitutions in School Nutrition Programs. The U.S. Department of Agriculture (USDA) developed Questions and Answers (Q&A) to clarify various issues concerning the substitution of fluid milk in cases where a student’s special dietary need does not rise to the level of a disability. This management bulletin also aligns with the Federal Final Rule, published April 25, 2024, which updates long-term school nutrition requirements based on the goals of the Dietary Guidelines for Americans, 2020–2025 https://www.federalregister.gov/documents/2024/04/25/2024-08098/child-nutrition-programs-meal-patterns-consistent-with-the-2020-2025-dietary-guidelines-for.

Overview

The final rule:

  • Upholds the current regulations regarding meal substitutions for students with disabilities in the National School Lunch Program (NSLP) and School Breakfast Program (SBP).

  • Allows school food authorities (SFA) the option to offer fluid milk substitutes to students with dietary needs that are not disabilities.

  • Requires that nondairy beverages offered as fluid milk substitutes be nutritionally equivalent to fluid milk and provide specific levels of calcium, protein, vitamins A and D, magnesium, phosphorus, potassium, riboflavin, and vitamin B-12.

  • Allows SFAs to accept a written statement from a parent/guardian or from a state licensed healthcare professional for a fluid milk substitution.

  • The California Department of Education (CDE) permits the following state licensed healthcare professionals to complete and sign a written medical statement for a disability: licensed physicians, physician assistants, or nurse practitioners.

  • Continues to make SFAs responsible for substitution expenses that exceed the federal reimbursement.

  • Continues to allow lactose-free milk as part of the reimbursable meal to students who are lactose intolerant without requiring documentation.

  • Prohibits the substitution of juice for milk as part of a reimbursable meal to students without a disability.

  • Continues to allow the substitution of juice for milk as part of a reimbursable meal for students with a disability, and written and signed medical statement. Allows schools to offer students organic milk or milk with a label indicating it was produced from cows not treated with hormones.

  • Allows schools that operate summer programs and claim meals under the Summer Food Service Program (SFSP) to follow this rule.

The Role of the School Food Authority

While offering fluid milk substitutions for students with special dietary needs that do not rise to the level of a disability is optional, it is encouraged. If the SFA chooses to make this accommodation, then the SFA is responsible for:

  • Offering fluid milk substitutes that meet the nutrient standards outlined in the final rule.

  • Notifying the CDE of your decision to offer a fluid milk substitute.

  • Obtaining a written statement from the student's parent or legal guardian or a state licensed healthcare professional documenting the request for a fluid milk substitute.

  • Paying for substitution expenses that exceed the federal meal reimbursement rate without charging students a higher price to cover the costs.

Nutrient Standards for Fluid Milk Substitutes

If SFAs choose to offer a fluid milk substitute for students with special dietary needs that are not disabilities, the nondairy beverage must be fortified in accordance with fortification guidelines issued by the Food and Drug Administration (FDA) and provide the nutrients listed in the following table:

Nutrient Per cup (8 fl. oz.)
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 1.1mcg

Questions and Answers

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  1. Is their a nutrient requirement for fat in fluid milk substitutes?

    No. There are currently no regulatory levels established for total fat in fluid milk substitutes; however, the menu planner must not exceed the weekly maximum limits for calories, saturated fat, and sodium. Considering childhood obesity trends, we recommend using a low-fat fluid milk substitute as a benchmark for nutrient standards for fat.

  2. Is their a nutrient requirement for sugar in fluid milk substitutes?

    No. Fluid milk substitutes are not required to meet the added sugars limit. However, effective School Year 2027–28, all meals offered during a school week, which include meals containing fluid milk substitutes cannot exceed the weekly average for added sugars limit (i.e., no more than 10 percent of calories from added sugars).

  3. How should SFAs notify the CDE of their decision to offer a fluid milk substitute?

    If an SFA chooses to offer a fluid milk substitute for students without a disability who have a special dietary need and has found a product that meets the above FDA specified nutrient standards, the CDE requests that the SFA complete, sign, and submit the Fluid Milk Substitutions Notification form (Form SNP-05) and email to SNPInfo@cde.ca.gov. The form is a one-time submission and remains in effect until the SFA changes its substitution policy for students with special dietary needs that are not disabilities. The SNP-05 form is available in the Download Forms section of the Child Nutrition Information and Payment System (CNIPS).

  4. If an SFA chooses not to offer a fluid milk substitute for students without a disability, does it have to notify the CDE?

    No. SFAs are not required to notify the CDE if they choose not to offer a fluid milk substitute for students without a disability.

  5. What documentation do SFAs need to keep on file from parents requesting a fluid milk substitute?

    If an SFA chooses to offer a fluid milk substitute for students without a disability who have a special dietary need, the SFA may accept a written statement from the student’s parent or legal guardian. The written substitution request must explain the student’s special dietary need. The CDE requests that the parent or legal guardian complete, sign, and submit the Parental Request for a Fluid Milk Substitution for School-Age Children form (Form SNP-26).

    The SNP-26 form is available in the Download Forms section of the Child Nutrition Information and Payment System (CNIPS).

    The written statement will remain in effect and on file with the SFA until the parent or legal guardian revokes such statement or until the SFA discontinues the fluid milk substitution option.

  6. Is juice an acceptable fluid milk substitution?

    Juice is only an acceptable fluid milk substitute if the student has a written medical statement from a state licensed healthcare professional documenting a disability, which requires juice to be substituted for milk.

    If the student does not have a documented disability, juice cannot be substituted for milk.

  7. Is an SFA required to provide a fluid milk substitute?

    When the student has a written medical statement from a state licensed healthcare professional requesting a fluid milk substitute for a disability, the SFA must provide a fluid milk substitute.

  8. What are the current requirements for food substitutions for students with disabilities?

    The current regulations outlined in Title 7, Code of Federal Regulations, sections 210.10(m) and 220.8(m) require that SFAs make food and beverage substitutions for students whose disabilities restrict their diet. The SFA must obtain a written medical statement completed and signed by a state licensed healthcare professional that meets the USDA criteria:

    • Describe the physical or mental impairment sufficiently in order for the SFA to understand how it restricts a student's diet

    • Explain what must be done to accommodate a student’s disability

    • Identify food or foods to be omitted from a student’s diet

    • Recommend food or choice of foods that must be substituted in a student’s meals

    The CDE developed the Medical Statement to Request Special Meals and/or Accommodations form (Form CNP-925) for state licensed healthcare professionals to complete and sign.

    SFAs must make menu substitutions for students with properly documented disabilities.

    The CNP-925 form is available in the Download Forms section of the Child Nutrition Information and Payment System (CNIPS).

  9. Does the fluid milk substitute final rule apply to the Summer Food Service Program?

    No. Section 9(a)(2)(B) of the National School Lunch Act only addresses the substitution of milk in the school meals programs.

  10. If a school is operating a preschool or summer program and claiming meals under SFSP, may the school follow the fluid milk substitution rule?
    Yes. Schools that participate in the SFSP may follow the milk substitution rule.

Contact Information

If you have any questions regarding this management bulletin, please contact the appropriate Nutrition Services Division specialist for your agency.

School Nutrition Programs

If you have any questions regarding this subject, please contact the School Nutrition Programs Unit at SNPInfo@cde.ca.gov.

Summer Food Service Program

If you have any questions regarding this subject, please contact the Summer Meals Unit at SFSP@cde.ca.gov.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Friday, December 13, 2024
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