[Code of Federal Regulations]
[Title 7 Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR220.8]

[Page 89-99]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 220--SCHOOL BREAKFAST PROGRAM--Table of Contents
 
Sec. 220.8  What are the nutrition standards and menu planning approaches for breakfasts?

    (a) What are the nutrition standards for breakfasts for children age 
2 and over? School food authorities must ensure that participating 
schools provide nutritious and well-balanced breakfasts. For children 
age 2 and over, breakfasts, when averaged over a school week, must meet 
the nutrition standards and the appropriate nutrient and calorie levels 
in this section. The nutrition standards are:
    (1) Provision of one-fourth of the Recommended Dietary Allowances 
(RDA) for protein, calcium, iron, vitamin A and vitamin C in the 
appropriate levels (see paragraphs (b), (c), (e)(1), or (h) of this 
section);
    (2) Provision of the breakfast energy allowances (calories) for 
children in the appropriate levels (see paragraphs (b), (c), (e)(1), or 
(h) of this section);
    (3) These applicable recommendations of the 1995 Dietary Guidelines 
for Americans:
    (i) Eat a variety of foods;
    (ii) Limit total fat to 30 percent of total calories;
    (iii) Limit saturated fat to less than 10 percent of total calories;
    (iv) Choose a diet low in cholesterol;
    (v) Choose a diet with plenty of grain products, vegetables, and 
fruits; and
    (vi) Choose a diet moderate in salt and sodium.
    (4) These measures of compliance with the applicable recommendations 
of the 1995 Dietary Guidelines for Americans:
    (i) Limit the percent of calories from total fat to 30 percent of 
the actual number of calories offered;
    (ii) Limit the percent of calories from saturated fat to less than 
10 percent of the actual number of calories offered;
    (iii) Reduce sodium and cholesterol levels; and
    (iv) Increase the level of dietary fiber.
    (5) School food authorities have several ways to plan menus. The 
minimum levels of nutrients and calories that breakfasts must offer 
depends on the menu planning approach used and the age/grades served. 
The menu planning approaches are:
    (i) Nutrient standard menu planning (see paragraphs (b) and (e) of 
this section);
    (ii) Assisted nutrient standard menu planning (see paragraphs (b) 
and (f) of this section);
    (iii) Traditional food-based menu planning (see paragraphs (c) and 
(g)(1) of this section);
    (iv) Enhanced food-based menu planning (see paragraphs (c) and 
(g)(2) of this section); or
    (v) Alternate menu planning as provided for in paragraph (h) of this 
section.
    (6) Schools must keep production and menu records for the breakfasts 
they produce. These records must show how the breakfasts contribute to 
the required food components, food items or menu items every day. In 
addition, these records must show how the breakfasts contribute to the 
nutrition

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standards in paragraph (a) of this section and the appropriate calorie 
and nutrient levels (see paragraphs (c), (d) or (h) of this section, 
depending on the menu planning approach used) over the school week. If 
applicable, schools or school food authorities must maintain nutritional 
analysis records to demonstrate that breakfasts, when averaged over each 
school week, meet:
    (i) The nutrition standards provided in paragraph (a) of this 
section; and
    (ii) The nutrient and calorie levels for children for each age or 
grade group in accordance with paragraphs (b), (e)(1) of this section or 
developed under paragraph (h) of this section.
    (b) What are the levels for nutrients and calories for breakfasts 
planned under the nutrient standard or assisted nutrient standard menu 
planning approaches?
    (1) The required levels are:
    [GRAPHIC] [TIFF OMITTED] TR09MY00.007
    
    (2) Optional levels are:
    [GRAPHIC] [TIFF OMITTED] TR09MY00.008
    
    (3) Schools may also develop a set of nutrient and calorie levels 
for a school week. These levels are customized for the age groups of the 
children in the particular school.
    (c) What are the nutrient and calorie levels for breakfasts
    (1) Traditional approach. For the traditional food-based menu 
planning approach, the required levels are:

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[GRAPHIC] [TIFF OMITTED] TR09MY00.009

    (2) Enhanced approach. For the enhanced food-based menu planning 
approach, the required levels are:
[GRAPHIC] [TIFF OMITTED] TR09MY00.010

    (d) What exceptions and variations are allowed in reimbursable 
breakfasts? (1) Exceptions for medical or special dietary needs. Schools 
must make substitutions in breakfasts for students who are considered to 
have a disability under 7 CFR Part 15b and whose disability restricts 
their diet. Schools may also make substitutions for students who do not 
have a disability but who cannot consume the regular breakfast because 
of medical or other special dietary needs. Substitutions must be made on 
a case by case basis only when supported by a statement of the need for 
substitutions that includes recommended alternate foods, unless 
otherwise exempted by FNS. Such statement must, in the case of a student 
with a disability, be signed by a physician or, in the case of a student 
who is not disabled, by a recognized medical authority.
    (2) Variations for ethnic, religious, or economic reasons. Schools 
should consider ethnic and religious preferences when planning and 
preparing breakfasts. Variations on an experimental or continuing basis 
in the food components for the food-based menu planning approaches in 
paragraph (g) may be allowed by FNS. Any variations must be 
nutritionally sound and needed to meet ethnic, religious, or economic 
needs.
    (3) Exceptions for natural disasters. If there is a natural disaster 
or other catastrophe, FNS may temporarily allow schools to serve 
breakfasts for reimbursement that do not meet the requirements in this 
section.
    (e) What are the requirements for the nutrient standard menu 
planning approach?
    (1) Nutrient levels.
    (i) Adjusting nutrient levels for young children. Schools with 
children who are

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age 2 must at least meet the nutrition standards in paragraph (a) of 
this section and the preschool nutrient and calorie levels in paragraph 
(b)(1) of this section over a school week. Schools may also use the 
preschool nutrient and calorie levels in paragraph (b)(2) of this 
section or may calculate nutrient and calorie levels for two year olds. 
FNS has a method for calculating these levels in menu planning guidance 
materials.
    (ii) Minimum levels for nutrients. Breakfasts must at least offer 
the nutrient and calorie levels for the required grade groups in the 
table in paragraph (b)(1) of this section. Schools may also offer 
breakfasts meeting the nutrient and calorie levels for the age groups in 
paragraph (b)(2) of this section. If only one grade or age group is 
outside the established levels, schools may follow the levels for the 
majority of the children. Schools may also customize the nutrient and 
calorie levels for the children they serve. FNS has a method for 
calculating these levels in guidance materials for menu planning.
    (2) Reimbursable breakfasts.
    (i) Contents of a reimbursable breakfast. A reimbursable breakfast 
must include at least three menu items. All menu items or foods offered 
in a reimbursable breakfast contribute to the nutrition standards in 
paragraph (a) of this section and to the levels of nutrients and 
calories that must be met in paragraphs (c) or (e)(1) of this section. 
Unless offered as part of a menu item in a reimbursable breakfast, foods 
of minimal nutritional value (see appendix B to part 220) are not 
included in the nutrient analysis. Reimbursable breakfasts planned under 
the nutrient standard menu planning approach must meet the nutrition 
standards in paragraph (a) of this section and the appropriate nutrient 
and calorie levels in paragraph (b) or (e)(1) of this section.
    (ii) Offer versus serve. Schools must offer at least three menu 
items. At their option, school food authorities may allow students to 
select only two menu items and to decline a maximum of one menu item. 
The price of a reimbursable breakfast does not change if the student 
does not take a menu item or requests smaller portions.
    (3) Doing the analysis. Schools using nutrient standard menu 
planning must conduct the analysis on all menu items and foods offered 
in a reimbursable breakfast. The analysis is conducted over a school 
week. Unless offered as part of a menu item in a reimbursable breakfast, 
foods of minimal nutritional value (see appendix B to part 220) are not 
included in the nutrient analysis.
    (4) Software elements.
    (i) The Child Nutrition Database. The nutrient analysis is based on 
the 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 do all functions after the 
basic data is entered. The required functions include weighted averages 
and the optional combined analysis of the lunch and breakfast programs.
    (5) Nutrient analysis procedures.
    (i) Weighted averages. Schools must include all menu items and foods 
offered in reimbursable breakfasts in the nutrient analysis. Menu items 
and foods are included based on the portion sizes and projected serving 
amounts. They are also weighted based on their proportionate 
contribution to the breakfasts offered. This means that menu items or 
foods more frequently offered are weighted more heavily than those not 
offered as frequently. Schools calculate weighting as indicated by FNS 
guidance and by the guidance provided by the software. Through September 
30, 2003, schools are not required to conduct a weighted analysis.
    (ii) Analyzed nutrients. The analysis includes all menu items and 
foods offered over a school week. The analysis must determine the levels 
of: Calories, protein, vitamin A, vitamin C, iron, calcium, total fat, 
saturated fat, sodium, cholesterol and dietary fiber.

[[Page 93]]

    (iii) Combining the analysis of the lunch and breakfast programs. At 
their option, schools may combine the analysis of breakfasts offered 
under this part and lunches offered under part 210 of this chapter. The 
analysis is done proportionately to the levels of participation in each 
program based on FNS guidance.
    (6) Comparing the results of the nutrient analysis. Once the 
procedures in paragraph (i)(5) of this section are completed, schools 
must compare the results of the analysis to the appropriate nutrient and 
calorie levels, by age/grade groups, in paragraph (b) of this section or 
those developed under paragraph (e)(1) of this section. This comparison 
determines the school week's average. Schools must also make comparisons 
to the nutrition standards in paragraph (a) of this section to determine 
how well they are meeting the nutrition standards over the school week.
    (7) Adjustments to the menus. Once schools know the results of the 
nutrient analysis based on the procedures in paragraphs (e)(5) and 
(e)(6) of this section, they must adjust future menu cycles to reflect 
production and how often the menu items and foods are offered. Schools 
may need to reanalyze menus when the students' selections and, 
consequently, production levels change. Schools may need to change the 
menu items and foods offered given the students' selections and may need 
to modify the recipes and other specifications to make sure that the 
nutrition standards in paragraph (a) and either paragraph (b) or (e)(1) 
of this section are met.
    (8) Standardized recipes. If a school follows the nutrient standard 
menu planning approach, it 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. Any standardized recipes developed 
by USDA/FNS are in the Child Nutrition Database. If a school has its own 
recipes, they must be standardized and analyzed to determine the levels 
of calories, nutrients, and dietary components listed in paragraph 
(e)(5)(ii) of this section. Schools must add any local recipes to their 
local database as outlined in FNS guidance.
    (9) Processed foods. The Child Nutrition Database includes a number 
of processed foods. Schools may use purchased processed foods and menu 
items that are not in the Child Nutrition Database. Schools or the State 
agency must add any locally purchased processed foods and menu items to 
their local database as outlined in FNS guidance. Schools or State 
agencies must obtain the levels of calories, nutrients, and dietary 
components listed in paragraph (e)(5)(ii) of this section.
    (10) Menu substitutions. Schools may need to substitute foods or 
menu items in a menu that was already analyzed. If the substitution(s) 
occurs more than two weeks before the planned menu is served, the school 
must reanalyze the revised menu. If the substitution(s) occurs two weeks 
or less before the planned menu is served, the school does not need to 
do a reanalysis. However, schools should always try to substitute 
similar foods.
    (11) Meeting the nutrition standards. The school's analysis shows 
whether their menus are meeting the nutrition standards in paragraph (a) 
of this section and the appropriate levels of nutrients and calories in 
paragraph (b) of this section or customized levels developed under 
paragraph (e)(1) of this section. If the analysis shows that the menu(s) 
are not meeting these standards, the school needs to take action to make 
sure that the breakfasts meet the nutrition standards and the calorie, 
nutrient, and dietary component levels. Actions may include technical 
assistance and training and may be taken by the State agency, the school 
food authority or by the school as needed.
    (12) Other Child Nutrition Programs and nutrient standard analysis 
menu planning. School food authorities that operate the Summer Food 
Service Program (part 225 of this chapter) and/or the Child and Adult 
Care Food Program (part 226 of this chapter) may, with State agency 
approval, prepare breakfasts for these programs using the nutrient 
standard menu planning approach for children age two and over. FNS has 
guidance on the levels of nutrient and calories for adult breakfasts

[[Page 94]]

offered under the Child and Adult Care Food Program.
    (f) What are the requirements for the assisted nutrient standard 
menu planning approach?
    (1) Definition of assisted nutrient standard menu planning. Some 
school food authorities may not be able to do all of the procedures 
necessary for nutrient standard menu planning. The assisted nutrient 
standard menu planning approach provides schools with menu cycles 
developed and analyzed by other sources. These sources include the State 
agency, other schools, consultants, or food service management 
companies.
    (2) Elements of assisted nutrient standard menu planning. School 
food authorities using menu cycles developed under assisted nutrient 
standard menu planning must follow the procedures in paragraphs (e)(1) 
through (e)(10) of this section. The menu cycles must also incorporate 
local food preferences and accommodate local food service operations. 
The menu cycles must meet the nutrition standards in paragraph (a) of 
this section and meet the applicable nutrient and calorie levels for 
nutrient standard menu planning in paragraphs (b) or (e)(1) of this 
section. The supplier of the assisted nutrient standard menu planning 
approach must also develop and provide recipes, food product 
specifications, and preparation techniques. All of these components 
support the nutrient analysis results of the menu cycles used by the 
receiving school food authorities.
    (3) State agency approval. Prior to its use, the State agency must 
approve the initial menu cycle, recipes and other specifications of the 
assisted nutrient standard menu planning approach. The State agency 
needs to make sure all the steps required for nutrient analysis were 
followed. School food authorities may also ask the State agency for 
assistance with implementation of their assisted nutrient standard menu 
planning approach.
    (4) Required adjustments. After the initial service of the menu 
cycle developed under the assisted nutrient standard menu planning 
approach, the nutrient analysis must be reassessed and appropriate 
adjustments made as discussed in paragraph (e)(7) of this section.
    (5) Final responsibility for meeting the nutrition standards. The 
school food authority using the assisted nutrient standard menu planning 
approach retains final responsibility for meeting the nutrition 
standards in paragraph (a) of this section and the applicable calorie 
and nutrient levels in paragraphs (b) or (e)(1) of this section.
    (6) Adjustments to the menus. If the nutrient analysis shows that 
the breakfasts offered are not meeting the nutrition standards in 
paragraph (a) of this section and the applicable calorie and nutrient 
levels in paragraphs (b) or (e)(1) of this section, the State agency, 
school food authority or school must take action to make sure the 
breakfasts offered meet these requirements. Actions needed include 
technical assistance and training.
    (7) Other Child Nutrition Programs and assisted nutrient analysis 
menu planning. School food authorities that operate the Summer Food 
Service Program (part 225 of this chapter) and/or the Child and Adult 
Care Food Program (part 226 of this chapter) may, with State agency 
approval, prepare breakfasts for these programs using the assisted 
nutrient standard menu planning approach for children age two and over. 
FNS has guidance on the levels of nutrients and calories for adult 
breakfasts offered under the Child and Adult Care Food Program.
    (g) What are the requirements for the food-based menu planning 
approaches? (1) Food items. There are two menu planning approaches based 
on meal patterns, not nutrient analysis. These approaches are the 
traditional food-based menu planning approach and the enhanced food-
based menu planning approach. Schools using one of these approaches must 
offer these food items in at least the portions required for various 
age/grade groups:
    (i) A serving of fluid milk as a beverage or on cereal or used 
partly for both;
    (ii) A serving of fruit or vegetable or both, or full-strength fruit 
or vegetable juice; and
    (iii) Two servings from one of the following components or one 
serving from each component:

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    (A) Grains/breads; and/or
    (B) Meat/meat alternate.
    (2) Quantities for the traditional food-based menu planning 
approach. At a minimum, schools must offer the food items in the 
quantities specified for the appropriate age/grade group in the 
following table:
[GRAPHIC] [TIFF OMITTED] TR09MY00.011

    (3) Quantities for the enhanced food-based menu planning approach. 
At a minimum, schools must offer the food items in the quantities 
specified for the appropriate age/grade group in the following table:

[[Page 96]]

[GRAPHIC] [TIFF OMITTED] TR09MY00.012

    (4) Offer versus serve. Each school must offer all four required 
food items listed in paragraph (g)(1) of this section. At the option of 
the school food authority, each school may allow students to refuse one 
food item from any component. The refused food item may be any of the 
four items offered to the student. A student's decision to accept all 
four food items or to decline one of the four food items must not affect 
the charge for a reimbursable breakfast.
    (5) Meal pattern exceptions for outlying areas. Schools in American 
Samoa, Puerto Rico and the Virgin Islands may serve a starchy vegetable 
such as yams, plantains, or sweet potatoes to meet the grain/bread 
requirement.
    (h) What are the requirements for alternate menu planning 
approaches?
    (1) Definition. Alternate menu planning approaches are those adopted 
or developed by school food authorities or State agencies that differ 
from the standard approaches established in paragraphs (e) through (g) 
of this section.
    (2) Use and approval of major changes or new alternate approaches. 
Within the guidelines established for developing alternate menu planning 
approaches, school food authorities or State agencies may modify one of 
the established

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menu planning approaches in paragraphs (e) through (g) of this section 
or may develop their own menu planning approach. The alternate menu 
planning approach must be available in writing for review and monitoring 
purposes. No formal plan is required; guidance material, a handbook or 
protocol is sufficient. As appropriate, the material must address how 
the guidelines in paragraph (h)(3) of this section are met. A State 
agency that develops an alternate approach that is exempt from FNS 
approval under paragraph (h)(2)(iii) of this section must notify FNS in 
writing when implementing the alternate approach.
    (i) Approval of local level plans. Any school food authority-
developed menu planning approach must have prior State agency review and 
approval.
    (ii) Approval of State agency plans. Unless exempt under paragraph 
(h)(2)(iii) of this section, any State agency-developed menu planning 
approach must have prior FNS approval.
    (iii) State agency plans not subject to approval. A State agency-
developed menu planning approach does not need FNS approval if:
    (A) Five or more school food authorities in the State use it; and
    (B) The State agency maintains on-going oversight of the operation 
and evaluation of the approach and makes any needed adjustments to its 
policies and procedures to ensure that the appropriate guidelines in 
paragraph (h)(3) of this section are met.
    (3) Elements for major changes or new approaches. Any alternate menu 
planning approach must:
    (i) offer fluid milk, as provided in paragraph (i) of this section;
    (ii) include the procedures for offer versus serve if the school 
food authority chooses to implement the offer versus serve option. 
Alternate approaches should follow the offer versus serve procedures in 
paragraphs (e)(2)(ii) and (g)(4) of this section, as appropriate. If 
these requirements are not followed, the approach must indicate:
    (A) The affected age/grade groups;
    (B) The number and type of items (and, if applicable, the quantities 
for the items) that constitute a reimbursable breakfast under offer 
versus serve;
    (C) How such procedures will reduce plate waste; and
    (D) How a reasonable level of calories and nutrients for the 
breakfast as taken is provided.
    (iii) Meet the Recommended Dietary Allowances and breakfast energy 
allowances (nutrient levels) and indicate the age/grade groups served 
and how the nutrient levels are met for those age/grade groups;
    (iv) Follow the requirements for competitive foods in 
Sec. Sec. 220.2(i-1) and 220.12 and appendix B to this part;
    (v) Follow the requirements for counting food items and products 
towards meeting the meal patterns. These requirements are found in 
paragraphs (g) and (i) of this section, in appendices A through C to 
this part, and in instructions and guidance issued by FNS. This only 
applies if the alternate approach is a food-based menu planning 
approach.
    (vi) Identify a reimbursable breakfast at the point of service.
    (A) To the extent possible, the procedures provided in paragraph 
(e)(2)(i) of this section for nutrient standard or assisted nutrient 
standard menu planning approaches or for food-based menu planning 
approaches provided in paragraph (g) of this section must be followed. 
Any instructions or guidance issued by FNS that further defines the 
elements of a reimbursable breakfast must be followed when using the 
existing regulatory provisions.
    (B) Any alternate approach that deviates from the provisions in 
paragraph (e)(2)(i) or paragraph (g) of this section must indicate what 
constitutes a reimbursable breakfast, including the number and type of 
items (and, if applicable, the quantities for the items) which comprise 
the breakfast, and how a reimbursable breakfast is to be identified at 
the point of service.
    (vii) explain how the alternate menu planning approach can be 
monitored under the applicable provisions of Sec. 210.18 and Sec. 210.19 
of this chapter, including a description of the records that will be 
maintained to document compliance with the program's administrative and 
nutrition requirements. However, if the procedures under Sec. 210.19 of 
this chapter cannot be used to monitor the alternate approach, a

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description of review procedures which will enable the State agency to 
assess compliance with the nutrition standards in paragraphs (a)(1) 
through (a)(4) of this section must be included; and
    (viii) follow the requirements for weighted analysis and for 
approved software for nutrient standard menu planning as required by 
paragraphs (e)(4) and (e)(5) of this section unless a State agency-
developed approach meets the criteria in paragraph (h)(2)(iii) of this 
section. Through September 30, 2003, schools are not required to conduct 
a weighted analysis.
    (i) What are the requirements for offering milk?
    (1) Serving milk. A serving of milk as a beverage or on cereal or 
used in part for each purpose must be offered for breakfasts.
    (2) Inadequate milk supply. If a school cannot get a supply of milk, 
it can still participate in the Program under the following conditions:
    (i) If emergency conditions temporarily prevent a school that 
normally has a supply of fluid milk from obtaining delivery of such 
milk, the State agency may allow the school to serve breakfasts during 
the emergency period with an alternate form of milk or without milk.
    (ii) If a school is unable to obtain a supply of any type of fluid 
milk on a continuing basis, the State agency may allow schools to 
substitute canned or dry milk in the required quantities in the 
preparation of breakfasts. In Alaska, Hawaii, American Samoa, Guam, 
Puerto Rico, and the Virgin Islands, if a sufficient supply of fluid 
milk cannot be obtained, ``milk'' includes reconstituted or recombined 
milk, or otherwise as allowed by FNS through a written exception.
    (j) What are the requirements for the infant meal pattern? Schools 
must offer infants ages birth through 11 months of age an infant 
breakfast. Foods included in the infant breakfast pattern must be of 
texture and consistency appropriate for the age group served. Foods must 
be served to the infant during a span of time consistent with the 
infant's eating habits. For infants 4 through 7 months of age, solid 
foods are optional and should be introduced only when the infant is 
developmentally ready. Whenever possible, the school should consult with 
the infant's parents in making the decision to introduce solid foods. 
Solid foods should be introduced one at a time on a gradual basis with 
the intent of ensuring health and nutritional well-being. For infants 8 
through 11 months of age, the total amount of food in the meal patterns 
in paragraph (j)(3) of this section must be provided to qualify for 
reimbursement. Additional foods may be served to infants 4 months of age 
and older with the intent of improving their overall nutrition. Breast 
milk, provided by the infant's mother, may be served in place of infant 
formula from birth through 11 months of age. Either breast milk or iron-
fortified infant formula must be served for the entire first year. 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 ounces offered if 
the infant is still hungry. The infant breakfast pattern must have at 
least each of the following components in the amounts indicated for the 
appropriate age group:
    (1) Birth through 3 months--4 to 6 fluid ounces of breast milk or 
iron-fortified infant formula.
    (2) 4 through 7 months--4 to 8 fluid ounces of breast milk or iron-
fortified infant formula; and 0 to 3 tablespoons of iron-fortified dry 
infant cereal (optional).
    (3) 8 through 11 months--6 to 8 fluid ounces of breast milk or iron-
fortified infant formula; 2 to 4 tablespoons of iron-fortified dry 
infant cereal; and 1 to 4 tablespoons of fruit or vegetable of 
appropriate consistency or a combination of both.

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[GRAPHIC] [TIFF OMITTED] TR09MY00.013

    (k) What about serving additional foods? Schools may offer 
additional foods with breakfasts to children over one year of age.
    (l) Must schools offer choices at breakfast? FNS encourages schools 
to offer children a selection of foods and menu items at breakfast. 
Choices provide variety and encourage consumption. Schools may offer 
choices of reimbursable breakfasts or foods within a reimbursable 
breakfast. When a school offers a selection of more than one type of 
breakfast or when it offers a variety of food components, menu items or 
foods and milk for choice as a reimbursable breakfast, the school must 
offer all children the same selection(s) regardless of whether the child 
is eligible for free or reduced price breakfasts or must pay the 
designated full price. The school may establish different unit prices 
for each type of breakfast offered provided that the benefits made 
available to children eligible for free or reduced price breakfasts are 
not affected.
    (m) What must schools do about nutrition disclosure? To the extent 
that school food authorities identify foods in a menu, or on the serving 
line or through other available means of communicating 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 
nutrition standards (see paragraph (a) of this section) for school 
breakfasts.

[65 FR 26923, May 9, 2000, as amended at 65 FR 36317, June 8, 2000]