7 C.F.R. § 210.10

Current through September 30, 2024

Section 210.10 - Meal requirements for lunches and requirements for afterschool snacks

(a)General requirements -

(1)General nutrition requirements. Schools must offer nutritious, well-balanced, and age-appropriate meals to all the children they serve to improve their diets and safeguard their health.

(i)Requirements for lunch. School lunches offered to children age 5 or older must meet, at a minimum, the meal requirements in paragraph (b) of this section. Schools must follow a food-based menu planning approach and produce enough food to offer each child the quantities specified in the meal pattern established in paragraph (c) of this section for each age/grade group served in the school. In addition, school lunches must meet the dietary specifications in paragraph (f) of this section. Schools offering lunches to children ages 1 through 4 and infants must meet the meal pattern requirements in paragraphs (p) and (q) of this section, as applicable. Schools must make plain potable water available and accessible without restriction to children at no charge in the place(s) where lunches are served during the meal service.

(ii)Requirements for afterschool snacks. Schools offering afterschool snacks in afterschool care programs must meet the meal pattern requirements in paragraph (o) of this section. Schools must plan and produce enough food to offer each child the minimum quantities under the meal pattern in paragraph (o) of this section.

(2)Unit pricing. Schools must price each meal as a unit. Schools need to consider participation trends in an effort to provide one reimbursable lunch and, if applicable, one reimbursable afterschool snack for each child every school day. If there are leftover meals, schools may offer them to the students but cannot get Federal reimbursement for them. Schools must identify, near or at the beginning of the serving line(s), the food items that constitute the unit-priced reimbursable school meal(s). The price of a reimbursable lunch does not change if the student does not take a food item or requests smaller portions.

(3)Production and menu records. Schools or school food authorities, as applicable, must keep production and menu records for the meals they produce. These records must show how the meals offered contribute to the required meal components and food quantities for each age/grade group every day. Schools or school food authorities must maintain records of the latest nutritional analysis of the school menus conducted by the State agency. Information on maintaining production and menu records may be found in FNS guidance.

(b)Meal requirements for school lunches. School lunches for children ages 5 and older must reflect food and nutrition requirements specified by the Secretary. Compliance with these requirements is measured as follows:

(1) On a daily basis:

(i) Meals offered to each age/grade group must include the meal components and food quantities specified in the meal pattern in paragraph (c) of this section; and

(ii) The meal selected by each student must have the number of meal components required for a reimbursable meal and include at least one fruit or vegetable.

(2) Over a 5-day school week:

(i) Average calorie content of meals offered to each age/grade group must be within the minimum and maximum calorie levels specified in paragraph (f) of this section;

(ii) Average saturated fat content of the meals offered to each age/grade group must be less than 10 percent of total calories;

(iii) By July 1, 2027, average added sugars content of the meals offered to each age/grade group must be less than 10 percent of total calories; and

(iv) Average sodium content of the meals offered to each age/grade group must not exceed the maximum level specified in paragraph (f) of this section.

(c)Meal pattern for school lunches. Schools must offer the meal components and quantities required in the lunch meal pattern established in the following table:

Table 1 to Paragraph ( c ) Introductory Text-National School Lunch Program Meal Pattern

Meal components	Amount of food 1 per week (minimum per day)
	Grades K-5	Grades 6-8	Grades 9-12
Fruits (cups) 2	2 1/2 ( 1/2 )	2 1/2 ( 1/2 )	5 (1)
Vegetables (cups) 2	3 3/4 ( 3/4 )	3 3/4 ( 3/4 )	5 (1)
Dark Green Subgroup 3	1/2	1/2	1/2
Red/Orange Subgroup 3	3/4	3/4	1 1/4
Beans, Peas, and Lentils Subgroup 3	1/2	1/2	1/2
Starchy Subgroup 3	1/2	1/2	1/2
Other Vegetables Subgroup 34	1/2	1/2	3/4
Additional Vegetables from Any Subgroup to Reach Total	1	1	1 1/2
Grains (oz. eq.) 5	8-9 (1)	8-10 (1)	10-12 (2)
Meats/Meat Alternates (oz. eq.) 6	8-10 (1)	9-10 (1)	10-12 (2)
Fluid Milk (cups) 7	5 (1)	5 (1)	5 (1)
Dietary Specifications: Daily Amount Based on the Average for a 5-Day Week8
Minimum-Maximum Calories (kcal)	550-650	600-700	750-850
Saturated Fat (% of total calories)	<10	<10	<10
Added Sugars (% of total calories)	<10	<10	<10
Sodium Limit: In place through June 30, 2027	[LESS THAN EQUAL TO]1,110 mg	[LESS THAN EQUAL TO]1,225 mg	[LESS THAN EQUAL TO]1,280 mg
Sodium Limit: Must be implemented by July 1, 2027	[LESS THAN EQUAL TO]935 mg	[LESS THAN EQUAL TO]1,035 mg	[LESS THAN EQUAL TO]1,080 mg
1 Food items included in each group and subgroup and amount equivalents.
2 Minimum creditable serving is 1/8 cup. One quarter-cup of dried fruit counts as 1/2 cup of fruit; 1 cup of leafy greens counts as 1/2 cup of vegetables. No more than half of the fruit or vegetable offerings may be in the form of juice. All juice must be 100 percent full-strength.
3 Larger amounts of these vegetables may be served.
4 This subgroup consists of "Other vegetables" as defined in paragraph (c)(2)(ii)(E) of this section. For the purposes of the NSLP, the "Other vegetables" requirement may be met with any additional amounts from the dark green, red/orange, and bean, peas, and lentils vegetable subgroups as defined in paragraph (c)(2)(ii) of this section.
5 Minimum creditable serving is 0.25 oz. eq. At least 80 percent of grains offered weekly (by ounce equivalents) must be whole grain-rich as defined in § 210.2 and the remaining grains items offered must be enriched.
6 Minimum creditable serving is 0.25 oz. eq.
7 Minimum creditable serving is 8 fluid ounces. All fluid milk must be fat-free (skim) or low-fat (1 percent fat or less) and must meet the requirements in paragraph (d) of this section.
8 By July 1, 2027, schools must meet the dietary specification for added sugars. Schools must meet the sodium limits by the dates specified in this chart. Discretionary sources of calories may be added to the meal pattern if within the dietary specifications.

(1)Age/grade groups. Schools must plan menus for students using the following age/grade groups: Grades K-5 (ages 5-10), grades 6-8 (ages 11-13), and grades 9-12 (ages 14-18). If an unusual grade configuration in a school prevents the use of these established age/grade groups, students in grades K-5 and grades 6-8 may be offered the same food quantities at lunch provided that the calorie and sodium standards for each age/grade group are met. No customization of the established age/grade groups is allowed.

(2)Meal components. Schools must offer students in each age/grade group the meal components specified in this paragraph (c).

(i)Fruits component. Schools must offer fruits daily as part of the lunch menu. Fruits that are fresh, frozen, or dried, or canned in light syrup, water or fruit juice may be offered to meet the requirements of this paragraph (c)(2)(i). All fruits are credited based on their volume as served, except that 1/4 cup of dried fruit counts as 1/2 cup of fruit. Only pasteurized, full-strength fruit juice may be offered, and may be credited to meet no more than one-half of the fruits component.

(ii)Vegetables component. Schools must offer vegetables daily as part of the lunch menu. Fresh, frozen, or canned vegetables and dry beans, peas, and lentils may be offered to meet this requirement. All vegetables are credited based on their volume as served, except that 1 cup of leafy greens counts as 1/2 cup of vegetables and tomato paste and puree are credited based on calculated volume of the whole food equivalency. Pasteurized, full-strength vegetable juice may be offered to meet no more than one-half of the vegetables component. Vegetable offerings at lunch over the course of the week must include the following vegetable subgroups, as defined in this section in the quantities specified in the meal pattern in paragraph (c) of this section:

(A)Dark green vegetables subgroup. This subgroup includes vegetables such as bok choy, broccoli, collard greens, dark green leafy lettuce, kale, mesclun, mustard greens, romaine lettuce, spinach, turnip greens, and watercress;

(B)Red/orange vegetables subgroup. This subgroup includes vegetables such as acorn squash, butternut squash, carrots, pumpkin, tomatoes, tomato juice, and sweet potatoes;

(C)Beans, peas, and lentils vegetable subgroup. This subgroup includes vegetables such as black beans, black-eyed peas (mature, dry), garbanzo beans (chickpeas), kidney beans, lentils, navy beans pinto beans, soybeans, split peas, and white beans. Cooked dry beans, peas, and lentils may be counted as either a vegetable or as a meat alternate but not as both in the same dish. When offered toward the protein sources component, beans, peas, and lentils may count toward the weekly beans, peas, and lentils vegetable subgroup requirement, but may not count toward the daily or weekly vegetable component requirement;

(D)Starchy vegetables subgroup. This subgroup includes vegetables such as black-eyed peas (not dry), corn, cassava, green bananas, green peas, green lima beans, plantains, taro, water chestnuts, and white potatoes; and

(E)Other vegetables subgroup. This subgroup includes all other fresh, frozen, and canned vegetables, cooked or raw, such as artichokes, asparagus, avocados, bean sprouts, beets, Brussels sprouts, cabbage, cauliflower, celery, cucumbers, eggplant, green beans, green peppers, iceberg lettuce, mushrooms, okra, onions, parsnips, turnips, wax beans, and zucchini.

(iii)Grains component. Schools must offer grains daily as part of the lunch menu.

(A)Whole grain-rich requirement. Whole grain-rich is the term designated by FNS to indicate that the grain content of a product is between 50 and 100 percent whole grain with any remaining grains being enriched. At least 80 percent of grains offered at lunch weekly must, based on ounce equivalents, meet the whole grain-rich criteria as defined in § 210.2 , and the remaining grain items offered must be enriched.

(B)Breakfast cereals. By July 1, 2025, breakfast cereals must contain no more than 6 grams of added sugars per dry ounce.

(C)Desserts. Schools may count up to two ounce equivalents of grain-based desserts per week toward meeting the grains requirement at lunch. Information on crediting grain-based desserts may be found in FNS guidance.

(D)Daily and weekly servings. The grains component is based on minimum daily servings plus total servings over a 5-day school week. Schools serving lunch 6 or 7 days per week must increase the weekly grains quantity by approximately 20 percent ( 1/5 ) for each additional day. When schools operate less than 5 days per week, they may decrease the weekly quantity by approximately 20 percent ( 1/5 ) for each day less than 5.

(iv)Meats/meat alternates component. Schools must offer meats/meat alternates daily as part of the lunch meal pattern. The quantity of the meat/meat alternate must be the edible portion as served. This component must be served in a main dish or in a main dish and only one other food item. Schools without daily choices in this component should not serve any one meat/meat alternate or form of meat/meat alternate (for example, ground, diced, pieces) more than three times in the same week. If a portion size of this component does not meet the daily requirement for a particular age/grade group, schools may supplement it with another meat/meat alternate to meet the full requirement. Schools may adjust the daily quantities of this component provided that a minimum of one ounce is offered daily to students in grades K-8 and a minimum of two ounces is offered daily to students in grades 9-12, and the total weekly requirement is met over a 5-day period. Information on crediting meats/meat alternates may be found in FNS guidance.

(A)Enriched macaroni. Enriched macaroni with fortified protein as defined in appendix A to this part may be used to meet part of the meats/meat alternates requirement when used as specified in appendix A to this part. An enriched macaroni product with fortified protein as defined in appendix A to this part may be used to meet part of the meats/meat alternates component or the grains component but may not meet both food components in the same lunch.

(B)Nuts and seeds. Nuts and seeds and their butters are allowed as a meat alternate. Acorns, chestnuts, and coconuts do not credit as meat alternates because of their low protein and iron content. Nut and seed meals or flours may credit only if they meet the requirements for Alternate Protein Products established in appendix A to this part.

(C)Yogurt. Yogurt may be offered to meet all or part of the meats/meat alternates component. Yogurt may be plain or flavored, unsweetened or sweetened. By July 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce). Noncommercial and/or non-standardized yogurt products, such as frozen yogurt, drinkable yogurt products, homemade yogurt, yogurt flavored products, yogurt bars, yogurt covered fruits and/or nuts or similar products are not creditable. Four ounces (weight) or 1/2 cup (volume) of yogurt is one ounce equivalent of meats/meat alternates.

(D)Tofu and soy products. Commercial tofu and soy products may be offered to meet all or part of the meats/meat alternates component. Noncommercial and/or non-standardized tofu and soy products are not creditable.

(E)Beans, peas, and lentils. Cooked dry beans, peas, and lentils may be offered to meet all or part of the meats/meat alternates component. Beans, peas, and lentils are identified in this section and include foods such as black beans, garbanzo beans, lentils, kidney beans, mature lima beans, navy beans, pinto beans, and split peas. Cooked dry beans, peas, and lentils may be counted as either a vegetable or as a meat alternate but not as both in the same dish. When offered as a meat alternate, beans, peas, and lentils may count toward the weekly beans, peas, and lentils vegetable subgroup requirement, but may not count toward the daily or weekly vegetable component requirements.

(F)Other meat alternates. Other meat alternates, such as cheese and eggs, may be used to meet all or part of the meats/meat alternates component.

(v)Fluid milk component. Fluid milk must be offered daily in accordance with paragraph (d) of this section.

(3)Grain substitutions.

(i) Schools in American Samoa, Guam, Hawaii, Puerto Rico, and the U.S. Virgin Islands may serve any vegetable, including vegetables such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams, to meet the grains component.

(ii) School food authorities and schools that are tribally operated, operated by the Bureau of Indian Education, and that serve primarily American Indian or Alaska Native children, may serve any vegetable, including vegetables such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams, to meet the grains component.

(4)Adjustments to school menus. Schools must adjust future menu cycles to reflect production and how often food items are offered. Schools may need to change the foods offerings given students' selections and may need to modify recipes and other specifications to make sure that meal requirements are met.

(5)Standardized recipes. All schools must develop and follow standardized recipes. A standardized recipe is a recipe that was tested to provide an established yield and quantity using the same ingredients for both measurement and preparation methods. Standardized recipes developed by USDA/FNS are in the Child Nutrition Database. If a school has its own recipes, they may seek assistance from the State agency or school food authority to standardize the recipes. Schools must add any local recipes to their local databases. Additional information may be found in FNS guidance.

(6)Processed foods. The Child Nutrition Database includes a number of processed foods. Schools may use purchased processed foods that are not in the Child Nutrition Database. Schools or the State agency must add any locally purchased processed foods to their local database. The State agencies must obtain the levels of calories, saturated fat, added sugars, and sodium in the processed foods. Additional information may be found in FNS guidance.

(7)Traditional Indigenous foods. Traditional Indigenous foods may credit toward the required meal components. Information on food crediting may be found in FNS guidance. Schools are encouraged to serve traditional Indigenous foods as part of their lunch and afterschool snack service. Per the Agriculture Improvement Act of 2014, as amended (25 U.S.C. 1685(b)(5) ) traditional foods means food that has traditionally been prepared and consumed by an American Indian tribe, including wild game meat; fish; seafood; marine mammals; plants; and berries.

(d)Fluid milk requirements -

(1)Types of fluid milk.

(i) Schools must offer students a variety (at least two different options) of fluid milk at lunch daily. All milk must be fat-free (skim) or low-fat (1 percent fat or less). Milk with higher fat content is not creditable. Low-fat or fat-free lactose-free and reduced-lactose fluid milk may also be offered.

(ii) All fluid milk served in the Program must be pasteurized fluid milk which meets State and local standards for such milk. All fluid milk must have vitamins A and D at levels specified by the Food and Drug Administration and must be consistent with State and local standards for such milk.

(iii) Milk varieties may be unflavored or flavored, provided that unflavored milk is offered at each meal service. By July 1, 2025, flavored milk must contain no more than 10 grams of added sugars per 8 fluid ounces, or for flavored milk sold as competitive food for middle and high schools, 15 grams of added sugars per 12 fluid ounces.

(2)Fluid milk substitutes for non-disability reasons. School food authorities may offer fluid milk substitutes to students with dietary needs that are not disabilities. For disability-related meal modifications, see paragraph (m) of this section.

(i) Prior to providing a fluid milk substitute for a non-disability reason, a school food authority must obtain a written request from the student's parent or guardian, a State licensed healthcare professional, or a registered dietitian that identifies the reason for the substitute. A school food authority choosing to offer fluid milk substitutes for a non-disability reason is not required to offer the specific fluid milk substitutes requested but may offer the fluid milk substitutes of its choice, provided the fluid milk substitutes offered meet the requirements of paragraph (d)(2)(ii) of this section. A school food authority must inform the State agency if any schools choose to offer fluid milk substitutes for non-disability reasons.

(ii) If a school food authority chooses to offer one or more fluid milk substitutes for non-disability reasons, the fluid milk substitutes must provide, at a minimum, the nutrients listed in the following table. Fluid milk substitutes must be fortified in accordance with fortification guidelines issued by the Food and Drug Administration.

Table 2 to Paragraph ( d )(2)( ii )-Nutrient Requirements for Fluid Milk Substitutes

Nutrient	Per cup (8 fl. oz.)
Calcium	276 mg.
Protein	8 g.
Vitamin A	150 mcg. retinol activity equivalents (RAE).
Vitamin D	2.5 mcg.
Magnesium	24 mg.
Phosphorus	222 mg.
Potassium	349 mg.
Riboflavin	0.44 mg.
Vitamin B-12	1.1 mcg.

(iii) Expenses incurred when providing fluid milk substitutes that exceed program reimbursements must be paid by the school food authority; costs may be paid from the nonprofit school food service account.

(iv) The fluid milk substitute approval must remain in effect until the student's parent or guardian, the State licensed healthcare professional, or the registered dietitian revokes the request in writing, or until the school food authority changes its fluid milk substitute policy.

(3)Inadequate fluid milk supply. If a school food authority cannot get a supply of fluid milk, it can still participate in the Program under the following conditions:

(i) If emergency conditions temporarily prevent a school food authority that normally has a supply of fluid milk from obtaining delivery of such milk, the State agency may allow the school food authority to serve meals during the emergency period with an alternate form of fluid milk or without fluid milk.

(ii) If a school food authority is unable to obtain a supply of any type of fluid milk on a continuing basis, the State agency may approve the service of meals without fluid milk if the school food authority uses an equivalent amount of canned milk or dry milk in the preparation of the meals. In Alaska, American Samoa, Guam, Hawaii, Puerto Rico, and the U.S. Virgin Islands, if a sufficient supply of fluid milk cannot be obtained, "fluid milk" includes reconstituted or recombined fluid milk, or as otherwise allowed by FNS through a written exception.

(4)Restrictions on the sale of fluid milk. A school food authority participating in the Program, or a person approved by a school food authority participating in the Program, must not directly or indirectly restrict the sale or marketing of fluid milk (as identified in paragraph (d)(1) of this section) at any time or in any place on school premises or at any school-sponsored event.

(e)Offer versus serve for grades K through 12. School lunches must offer daily the five meal components specified in the meal pattern in paragraph (c) of this section. Under offer versus serve, students must be allowed to decline two components at lunch, except that the students must select at least 1/2 cup of either the fruit or vegetable component. Senior high schools (as defined by the State educational agency) must participate in offer versus serve. Schools below the senior high level may participate in offer versus serve at the discretion of the school food authority.

(f)Dietary specifications -

(1)Calories. School lunches offered to each age/grade group must meet, on average over the school week, the minimum and maximum calorie levels specified in the following table:

Table 3 to Paragraph ( f )(1)-National School Lunch Program Calorie Ranges

	Grades K-5	Grades 6-8	Grades 9-12
Average Daily Minimum-Maximum Calories (kcal) 1	550-650	600-700	750-850
1 The average daily calories must fall within the minimum and maximum levels. Discretionary sources of calories may be added to the meal pattern if within the dietary specifications.

(2)Saturated fat. School lunches offered to all age/grade groups must, on average over the school week, provide less than 10 percent of total calories from saturated fat.

(3)Added sugars. By July 1, 2027, school lunches offered to all age/grade groups must, on average over the school week, provide less than 10 percent of total calories from added sugars.

(4)Sodium. School lunches offered to each age/grade group must meet, on average over the school week, the sodium limits specified in the following table within the established deadlines:

Table 4 to Paragraph ( f )(4)-National School Lunch Program Sodium Limits

Age/grade group	Sodium limit: in place through June 30, 2027 (mg)	Sodium limit: must be implemented by July 1, 2027 (mg)
Grades K-5	[LESS THAN EQUAL TO]1,110	[LESS THAN EQUAL TO]935
Grades 6-8	[LESS THAN EQUAL TO]1,225	[LESS THAN EQUAL TO]1,035
Grades 9-12	[LESS THAN EQUAL TO]1,280	[LESS THAN EQUAL TO]1,080

(g)Compliance assistance. The State agency and school food authority must provide technical assistance and training to assist schools in planning lunches that meet the meal pattern in paragraph (c) of this section; the dietary specifications established in paragraph (f) of this section; and the meal pattern requirements in paragraphs (o) through (q) of this section, as applicable. Compliance assistance may be offered during trainings, onsite visits, and/or administrative reviews.

(h)Monitoring dietary specifications. When required by the Administrative Review process set forth in § 210.18 , the State agency must conduct a weighted nutrient analysis to evaluate the average levels of calories, saturated fat, added sugars, and sodium of the lunches offered to students in grades K-12 during one week of the review period. The nutrient analysis must be conducted in accordance with the procedures established in paragraph (i)(3) of this section. If the results of the nutrient analysis indicate that school lunches do not meet the specifications for calories, saturated fat, added sugars, and sodium specified in paragraph (f) of this section, the State agency or school food authority must provide technical assistance and require the reviewed school to take corrective action to meet the requirements.

(i)Nutrient analyses of school meals -

(1)Conducting the nutrient analysis. Any nutrient analysis, whether conducted by the State agency under § 210.18 or by the school food authority, must be performed in accordance with the procedures established in paragraph (i)(3) of this section. The purpose of the nutrient analysis is to determine the average levels of calories, saturated fat, added sugars, and sodium in the meals offered to each age grade group over a school week. The weighted nutrient analysis must be performed as required by FNS guidance.

(2)Software elements -

(i)The Child Nutrition Database. The nutrient analysis is based on the USDA Child Nutrition Database. This database is part of the software used to do a nutrient analysis. Software companies or others developing systems for schools may contact FNS for more information about the database.

(ii)Software evaluation. FNS or an FNS designee evaluates any nutrient analysis software before it may be used in schools. FNS or its designee determines if the software, as submitted, meets the minimum requirements. The approval of software does not mean that FNS or USDA endorses it. The software must be able to perform a weighted average analysis after the basic data is entered. The combined analysis of the lunch and breakfast programs is not allowed.

(3)Nutrient analysis procedures -

(i)Weighted averages. The nutrient analysis must include all foods offered as part of the reimbursable meals during one week within the review period. Foods items are included based on the portion sizes and serving amounts. They are also weighted based on their proportionate contribution to the meals offered. This means that food items offered more frequently are weighted more heavily than those not offered as frequently. The weighted nutrient analysis must be performed as required by FNS guidance.

(ii)Analyzed nutrients. The analysis determines the average levels of calories, saturated fat, added sugars, and sodium in the meals offered over a school week. It includes all food items offered by the reviewed school over a one-week period.

(4)Comparing the results of the nutrient analysis. Once the procedures in paragraph (i)(3) of this section are completed, State agencies must compare the results of the analysis to the calorie, saturated fat, added sugars, and sodium levels established in § 210.10 or § 220.8 of this chapter, as appropriate, for each age/grade group to evaluate the school's compliance with the dietary specifications.

(j)Responsibility for monitoring meal requirements. Compliance with the meal requirements in paragraph (b) of this section, including the dietary specifications, and paragraphs (o) through (q) of this section, as applicable, will be monitored by the State agency through administrative reviews authorized in § 210.18 .

(k)Menu choices at lunch -

(1)Availability of choices. Schools may offer children a selection of nutritious foods within a reimbursable lunch to encourage the consumption of a variety of foods. Children who are eligible for free or reduced price lunches must be allowed to take any reimbursable lunch or any choices offered as part of a reimbursable lunch. Schools may establish different unit prices for each reimbursable lunch offered provided that the benefits made available to children eligible for free or reduced price lunches are not affected.

(2)Opportunity to select. Schools that choose to offer a variety of reimbursable lunches, or provide multiple serving lines, must make all required meal components available to all students, on every lunch line, in at least the minimum required amounts.

(l)Requirements for lunch periods -

(1)Timing. Schools must offer lunches meeting the requirements of this section during the period the school has designated as the lunch period. Schools must offer lunches between 10 a.m. and 2 p.m. Schools may request an exemption from these times from the State agency. With State agency approval, schools may serve lunches to children under age 5 over two service periods. Schools may divide quantities and food items offered each time any way they wish.

(2)Adequate lunch periods. FNS encourages schools to provide sufficient lunch periods that are long enough to give all students adequate time to be served and to eat their lunches.

(m)Modifications and variations in reimbursable meals and afterschool snacks -

(1)Modifications for disability reasons. School food authorities must make meal modifications, including substitutions in lunches and afterschool snacks, for children with a disability and whose disability restricts their diet. The modification requested must be related to the disability or limitations caused by the disability and must be offered at no additional cost to the child or household.

(i) In order to receive Federal reimbursement when a modified meal does not meet the meal pattern requirements specified in this section, the school food authority must obtain from the household a written medical statement signed by a State licensed healthcare professional. By July 1, 2025, school food authorities must also accept a medical statement signed by a registered dietitian. The medical statement must provide sufficient information about the child's dietary restrictions, such as foods to be omitted and recommended alternatives, if appropriate. Modified meals that meet the meal pattern requirements in this section are reimbursable with or without a medical statement.

(ii) School food authorities must ensure that parents, guardians, and children have notice of the procedure for requesting meal modifications for disabilities and the process for procedural safeguards related to meal modifications for disabilities. See §§ 15b.6(b) and 15b.25 of this title.

(iii) Expenses incurred when making meal modifications that exceed program reimbursement rates must be paid by the school food authority; costs may be paid from the nonprofit food service account.

(2)Variations for non-disability reasons. School food authorities should consider children's dietary preferences when planning and preparing meals and afterschool snacks. Any variations must be consistent with the meal pattern requirements specified under this section. Expenses incurred from meal pattern variations that exceed program reimbursement rates must be paid by the school food authority; costs may be paid from the nonprofit food service account.

(3)Exceptions for natural disasters. If there is a natural disaster or other catastrophe, FNS may temporarily allow school food authorities to serve meals for reimbursement that do not meet the requirements in this section.

(n)Nutrition disclosure. To the extent that school food authorities identify foods in a menu, or on the serving line or through other communications with program participants, school food authorities must identify products or dishes containing more than 30 parts fully hydrated alternate protein products (as specified in appendix A of this part) to less than 70 parts beef, pork, poultry or seafood on an uncooked basis, in a manner which does not characterize the product or dish solely as beef, pork, poultry or seafood. Additionally, FNS encourages schools to inform the students, parents, and the public about efforts they are making to meet the meal requirements for school lunches.

(o)Afterschool snacks. Eligible schools operating afterschool care programs may be reimbursed for one afterschool snack served to a child (as defined in § 210.2 ) per day.

(1)Eligible schools means schools that:

(i) Operate the National School Lunch Program; and

(ii) Sponsor afterschool care programs as defined in § 210.2 .

(2)Afterschool snack requirements for K-12 children -

(i)Afterschool snacks served to K through 12 children. Schools serving afterschool snacks to K-12 children must serve the meal components and quantities required in the snack meal pattern established for the Child and Adult Care Food Program, under § 226.20 of this chapter. In addition, schools serving afterschool snacks to K-12 children must comply with the requirements set forth in paragraphs (a), (c)(3) and (4), (d)(2) through (4), (g), and (m) of this section, as applicable, and § 226.20(d) of this chapter.

(ii)Afterschool snack meal pattern table for K through 12 children. Through June 30, 2025, afterschool snacks must either follow the requirements outlined in the following table or must contain two different components from the following four: fluid milk, meats/meat alternates, vegetable or fruit, and/or grains. By July 1, 2025, the minimum amounts of meal components to be served at afterschool snack are as follows:

Table 5 to Paragraph ( o )(2)( ii )-Afterschool Snack Meal Pattern for K-12 Children

[Ages 6-18]

[Select two of the five components for a reimbursable snack]

Meal components 1	Minimum quantities 2
Fluid milk 3	8 fluid ounces.
Meats/meat alternates 4	1 ounce equivalent.
Vegetables 5	3/4 cup.
Fruits 5	3/4 cup.
Grains 6	1 ounce equivalent.
1 Must serve two of the five components for a reimbursable afterschool snack. Only one of the two components may be a beverage.
2 May need to serve larger portions to children ages 13 through 18 to meet their nutritional needs.
3 Must be fat-free (skim) or low-fat (1 percent fat or less). Milk may be unflavored or flavored.
4 Alternate protein products must meet the requirements in appendix A to part 226 of this chapter. Yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce). Information on crediting meats/meat alternates may be found in FNS guidance.
5 Juice must be pasteurized, full-strength juice. No more than half of the weekly fruit or vegetable offerings may be in the form of juice.
6 At least 80 percent of grains offered weekly (by ounce equivalents) must be whole grain-rich, as defined in § 210.2 , and the remaining grains items offered must be enriched. Grain-based desserts may not be used to meet the grains requirement. Breakfast cereal must have no more than 6 grams of added sugars per dry ounce. Information on crediting grain items may be found in FNS guidance.

(3)Afterschool snack requirements for preschoolers -

(i)Afterschool snacks served to preschoolers. Schools serving afterschool snacks to preschoolers must serve the food components and quantities required in the snack meal pattern established for the Child and Adult Care Food Program, under § 226.20 of this chapter. In addition, schools serving afterschool snacks to preschoolers must comply with the requirements set forth in paragraphs (a), (c)(3) and (4), (d)(2) through (4), (g), and (m) of this section, as applicable, and § 226.20(d) of this chapter.

(ii)Preschooler afterschool snack meal pattern table. The minimum amounts of food components to be served at afterschool snack are as follows:

Table 5 to Paragraph ( o )(3)( ii )-Afterschool Snack Meal Pattern for Preschoolers

[Select two of the five components for a reimbursable snack]

Meal components 1	Minimum quantities
	Ages 1-2	Ages 3-5
Fluid milk 2	4 fluid ounces	4 fluid ounces.
Meats/meat alternates 3	1/2 ounce equivalent	1/2 ounce equivalent.
Vegetables 4	1/2 cup	1/2 cup.
Fruits 4	1/2 cup	1/2 cup.
Grains 5	1/2 ounce equivalent	1/2 ounce equivalent.
1 Must serve two of the five components for a reimbursable afterschool 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 Alternate protein products must meet the requirements in appendix A to part 226 of this chapter. Through September 30, 2025, yogurt must contain no more than 23 grams of total sugars per 6 ounces. By October 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce). Information on crediting meats/meat alternates may be found in FNS guidance.
4 Pasteurized full-strength juice may only be offered to meet the vegetable or fruit requirement at one meal, including snack, per day.
5 At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do not count toward meeting the grains requirement. Through September 30, 2025, breakfast cereals must contain no more than 6 grams of total sugars per dry ounce. By October 1, 2025, breakfast cereals must contain no more than 6 grams of added sugars per dry ounce.

(4)Afterschool snack requirements for infants -

(i)Afterschool snacks served to infants. Schools serving afterschool snacks to infants ages birth through 11 months must serve the meal components and quantities required in the snack meal pattern established for the Child and Adult Care Food Program, under § 226.20 of this chapter. In addition, schools serving afterschool snacks to infants must comply with the requirements set forth in paragraphs (a), (c)(3) and (4), (g), and (m) of this section, as applicable, and § 226.20(d) of this chapter.

(ii)Infant afterschool snack meal pattern table. The minimum amounts of meal components to be served at snack are as follows:

Table 6 to Paragraph ( o )(4)(ii)-Infant Afterschool Snack Meal Pattern

Birth through 5 months	6 through 11 months
4-6 fluid ounces of breast milk 1 or formula 2	2-4 fluid ounces breast milk 1 or formula; 2 and
	0- 1/2 ounce equivalent bread; 3 4 or
	0- 1/4 ounce equivalent crackers; 3 4 or
	0- 1/2 ounce equivalent infant cereal; 2 4 or
	0- 1/4 ounce equivalent ready-to-eat breakfast cereal; 3 4 5 6 and
	0-2 tablespoons vegetable or fruit, or a combination of both. 6 7
1 Breast milk or formula, or portions of both, must be served; however, it is recommended that breast milk be served from birth through 11 months. For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered, with additional breast milk 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, enriched flour, bran, or germ.
4 Information on crediting grain items may be found in FNS guidance.
5 Through September 30, 2025, breakfast cereals must contain no more than 6 grams of total sugars per dry ounce. By October 1, 2025, breakfast cereals must contain no more than 6 grams of added sugars per dry ounce.
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.

(5)Monitoring afterschool snacks. Compliance with the requirements of this paragraph (o)(5) is monitored by the State agency as part of the Administrative Review conducted under § 210.18 . If snacks offered do not meet the requirements of this paragraph, the State agency or school food authority must provide technical assistance and require corrective action and when applicable, must take fiscal action, as authorized in §§ 210.18(l) and 210.19(c) .

(p)Lunch requirements for preschoolers -

(1)Lunches served to preschoolers. Schools serving lunches to preschoolers under the National School Lunch Program must serve the meal components and quantities required in the lunch meal pattern established for the Child and Adult Care Food Program, under § 226.20(a), (c)(2), and (d) of this chapter. In addition, schools serving lunches to this age group must comply with the requirements set forth in paragraphs (a), (c)(3) and (4), (d)(2) through (4), (g), and (k) through (m) of this section.

(2)Preschooler lunch meal pattern table. The minimum amounts of meal components to be served at lunch are as follows:

Table 7 to Paragraph ( p )(2)-Preschool Lunch Meal Pattern

[Select the appropriate components for a reimbursable meal]

Meal components and food items 1	Minimum quantities
	Ages 1-2	Ages 3-5
Fluid milk	4 fluid ounces 2	6 fluid ounces 3 .
Meats/meat alternates 4	1 ounce equivalent	1 1/2 ounce equivalents.
Vegetables 5	1/8 cup	1/4 cup.
Fruits 5	1/8 cup	1/4 cup.
Grains 6	1/2 ounce equivalent	1/2 ounce equivalent.
1 Must serve all five components for a reimbursable meal.
2 Must serve unflavored whole milk to children age 1.
3 Must serve unflavored milk to children 2 through 5 years old. The milk must be fat-free, skim, low-fat, or 1 percent or less.
4 Alternate protein products must meet the requirements in appendix A to part 226 of this chapter. Through September 30, 2025, yogurt must contain no more than 23 grams of total sugars per 6 ounces. By October 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce). Information on crediting meats/meat alternates may be found in FNS guidance.
5 Juice must be pasteurized. Full-strength juice may only be offered to meet the vegetable or fruit requirement at one meal or snack, per day. Vegetables may be offered to meet the entire fruits requirement. When two vegetables are served at lunch or supper, two different kinds of vegetables must be served.
6 Must serve at least one whole grain-rich serving, across all eating occasions, per day. Grain-based desserts may not be offered to meet the grains requirement. Through September 30, 2025, breakfast cereals must contain no more than 6 grams of total sugars per dry ounce. By October 1, 2025, breakfast cereal must have no more than 6 grams of added sugars per dry ounce. Information on crediting grain items may be found in FNS guidance.

(q)Lunch requirements for infants -

(1)Lunches served to infants. Schools serving lunches to infants ages birth through 11 months under the National School Lunch Program must serve the meal components and quantities required in the lunch meal pattern established for the Child and Adult Care Food Program, under § 226.20(a), (b), and (d) of this chapter. In addition, schools serving lunches to infants must comply with the requirements set forth in paragraphs (a), (c)(3) and (4), (g), (l), and (m) of this section.

(2)Infant lunch meal pattern table. The minimum amounts of meal components to be served at lunch are as follows:

Table 8 to Paragraph ( q )(2)-Infant Lunch Meal Pattern

Birth through 5 months	6 through 11 months
4-6 fluid ounces breast milk 1 or formula 2	6-8 fluid ounces breast milk 1 or formula; 2 and 0- 1/2 ounce equivalent infant cereal; 2 3 or
	0-4 tablespoons meat, fish, poultry, whole egg, cooked dry beans, peas, or lentils; 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 Breast milk or formula, or portions of both, must be served; however, it is recommended that breast milk be served from birth through 11 months. For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered, with additional breast milk offered at a later time if the infant will consume more.
2 Infant formula and dry infant cereal must be iron-fortified.
3 Information on crediting grain items may be found in FNS guidance.
4 Through September 30, 2025, yogurt must contain no more than 23 grams of total sugars per 6 ounces. By October 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce).
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.

(r)Severability. If any provision of this section is held to be invalid or unenforceable by its terms, or as applied to any person or circumstances, it shall be severable from this section and not affect the remainder thereof. In the event of such holding of invalidity or unenforceability of a provision, the meal pattern requirement covered by that provision reverts to the version that immediately preceded the invalidated provision.

7 C.F.R. §210.10

77 FR 4143, Jan. 26, 2012, as amended at 78 FR 13448, Feb. 28, 2013; 78 FR 39090, June 28, 2013; 81 FR 24372, Apr. 25, 2016; 81 FR 50185, July 29, 2016; 81 FR 75671, Nov. 1, 2016; 82 FR 56713, Nov. 30, 2017; 83 FR 63789, Dec. 12, 2018; 84 FR 50289, Sept. 25, 2019; 85 FR 7853, Feb. 12, 2020; 85 FR 74847, Nov. 24, 2020; 86 FR 57544, Oct. 18, 2021; 87 FR 4126, Jan. 27, 2022; 87 FR 7005, Feb. 7, 2022; 87 FR 47331, Aug. 3, 2022; 87 FR 52329, Aug. 25, 2022

81 FR 24372, 4/25/2016; 81 FR 50185, 7/29/2016; 81 FR 50185, 9/27/2016; 81 FR 75671, 11/1/2016; 82 FR 56713, 7/1/2018; 83 FR 63789, 2/11/2019; 84 FR 50289, 10/1/2019; 85 FR 7853, 2/12/2020; 85 FR 74847, 11/24/2020; 86 FR 57544, 10/18/2021; 87 FR 4126, 1/27/2022; 87 FR 7005, 7/1/2022; 87 FR 47331, 8/3/2022; 87 FR 52329, 8/25/2022; 89 FR 32065, 7/1/2024