|DATE:||September 15, 2011|
|MEMO CODE:||CACFP 21-2011-REVISED|
|SUBJECT:||Child Nutrition Reauthorization 2010: Nutrition Requirements for Fluid Milk and Fluid Milk Substitutions in the Child and Adult Care Food Program, Questions and Answers|
The Healthy, Hunger-Free Kids Act of 2010 (the Act), PL 111-296, modifies requirements for fluid milk and fluid milk substitutions in the Child and Adult Care Food Program (CACFP). The purpose of this memorandum is to provide guidance on the implementation of these provisions.
Section 221 of the Act amends section 17(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(g)) by requiring that fluid milk served in the CACFP be consistent with the most recent version of the Dietary Guidelines for Americans and allowing the substitution of non-dairy beverages that are nutritionally equivalent to fluid milk in cases of special dietary needs.
Because the Dietary Guidelines for Americans do not address milk served to children under the age of two, our requirements relating to children in this age group are unchanged at this time.
Parents or guardians may now request in writing non-dairy milk substitutions, as described above, without providing a medical statement. As an example, if a parent has a child who follows a vegan diet, the parent can submit a written request to the child’s caretaker asking that soy milk be served in lieu of cow’s milk. The written request must identify the medical or other special dietary need that restricts the diet of the child. Such substitutions are at the option and the expense of the facility. The requirements related to milk or food substitutions for a participant who has a medical disability and who submits a medical statement signed by a licensed physician remain unchanged.
This provision is effective immediately; therefore state agencies and sponsors should notify facilities of these required changes immediately. However, to provide adequate time for training and technical assistance, full compliance should occur no later than Oct. 1, 2011. State agencies should direct any questions concerning this guidance to the appropriate Food and Nutrition Service Regional Office. Regional Offices with questions should contact the Child Nutrition Division.
Child Nutrition Division
The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.