[Code of Federal Regulations] [Title 7, Volume 4] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR220.21] [Page 110-114] TITLE 7--AGRICULTURE CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE PART 220_SCHOOL BREAKFAST PROGRAM--Table of Contents Sec. 220.21 Information collection/recordkeeping--OMB assigned control numbers. ------------------------------------------------------------------------ Current OMB 7 CFR section where requirements are described control number ------------------------------------------------------------------------ 220.3(e)................................................... 0584-0327 220.5...................................................... 0584-0012 220.7(a)-(e)............................................... 0584-0329 0584-0012 0584-0026 220.8(f)................................................... 0584-0012 220.9(a)................................................... 0584-0012 220.11 (a), (b), (e)....................................... 0584-0012 0584-0002 0584-0341 220.12(b).................................................. 0584-0012 220.13 (a-1)-(c), (f)...................................... 0584-0026 0584-0002 0584-0341 0584-0012 220.14(d).................................................. 0584-0012 220.15..................................................... 0584-0012 ------------------------------------------------------------------------ [Amdt. 56, 54 FR 2990, Jan. 23, 1989] Appendix A to Part 220--Alternate Foods for Meals I. Formulated Grain-Fruit Products 1. Schools may utilize the formulated grain-fruit products defined in paragraph 3 as a food component in meeting the meal requirements of this part under the following terms and conditions: (a) Formulated grain-fruit products may be used to meet one bread/ bread alternate and the fruit/vegetable requirement in the breakfast pattern specified in Sec. 220.8. (b) Only individually wrapped formulated grain-fruit products which bear a label conforming to the following legend shall be utilized. ``This product conforms to U.S.D.A. Child Nutrition Program specifications. For breakfast, it meets the requirements for fruit/ vegetable/juice and one bread/bread alternate.'' 2. Only formulated grain-fruit products that have been accepted by the Food and Nutrition Service (FNS) for use in the USDA child nutrition programs may be labeled as provided in paragraph 1.(b) of this appendix. Manufacturers seeking acceptance of their product shall furnish FNS a chemical analysis, protein efficiency ratio analysis, and such other pertinent data as may be requested by FNS. This information shall be forwarded to: Director, Nutrition and Technical Services Staff, Food and Nutrition Service, U.S. Department of Agriculture, Alexandria, Virginia 22302. All laboratory analyses are to be performed by independent or other laboratories acceptable to FNS. (FNS prefers an independent laboratory.) All laboratories shall retain the ``raw'' laboratory data for a period of one year. Such information shall be made available to FNS upon request. 3. To be accepted by FNS, products must have the following characteristics and meet the following nutritional specifications: (a) Types. There are two types of products: one is a grain-type product and the other a grain-fruit type product. (b) Ingredients. A grain-type product shall have grain as its primary ingredient. A grain-fruit type product shall have fruit as its primary ingredient. Both types of products must have at least 25 percent of their weight derived from grain. All ingredients and/or components shall comply with pertinent requirements or standards of the USDA and the Food, Drug, and Cosmetic Act, as amended, and any regulations issued thereunder. (c) Nutritional specifications. Each serving of the product shall meet the minimum compositional requirements in the following table. The requirements as specified for those nutrients not limited by maximum values will be deemed to have been met if reasonable overages of the vitamins and minerals, within the limits of good manufacturing practice, are present to insure that the required levels are maintained throughout the expected shelf life under customary conditions of distribution and storage. An exception will be made for vitamins or minerals which occur naturally in an ingredient at such concentration that the level specified will be substantially exceeded in the final product. Such excess will be permitted but no lable claim of nutritional advantage can be made for overages for any nutrients. Analytical methods employed should be according to the standard procedures defined in the Association of Official Analytical Chemists, 1970, ``Official Methods of Analysis,'' 11th edition, Washington, DC or by appropriate analytical procedures FNS considers reliable. [[Page 111]] Nutritional Levels of Grain-Fruit Products \1\ ------------------------------------------------------------------------ Nutrient Unit Minimum Maximum ------------------------------------------------------------------------ Weight.......................... Ounce............... 2 4.0 PER............................. Casein=2.5.......... 2.0 Moisture........................ Percent weight...... ....... 40.0 Fat \2\......................... ......do............ ....... 22.0 Fiber........................... ......do............ ....... 0.8 Protein (Nx6.25)................ Gram................ 5.0 Energy.......................... Kilocalorie......... 250 Vitamin A \3\................... International unit.. 1,115 1,675.0 Vitamin E....................... ......do............ 5 Vitamin B12..................... Microgram........... 1.25 Thiamin......................... Milligram........... .26 Riboflavin...................... ......do............ .13 Vitamin B6...................... ......do............ .26 Vitamin C....................... ......do............ 20 Niacin.......................... ......do............ 2.65 Folacin......................... ......do............ .04 Iron \4\........................ ......do............ 4.4 Calcium......................... ......do............ 120 Phosphorus...................... ......do............ 120 Magnesium....................... ......do............ 30 ------------------------------------------------------------------------ \1\ These specifications are based on a nutrient level for acceptable products plus \1/2\ pint of fluid milk (as defined in Sec. 220.2 of the regulations (7 CFR part 220)) to provide at least 25 percent of the Recommended Dietary Allowances (RDA), 1968, for 10- to 12-year-old boys and girls for specified nutrients except magnesium and kilocalories. Magnesium and kilocalories--at least 13 percent of this RDA. \2\ Although the maximum fat in these specifications is 22 percent, consideration should be given to the development of formulated items containing less fat. Most medical authorities recommend keeping the dietary intake of fats at about \1/3\ of the day's calories. At least 5 percent of the total calories shall be from linoleic acid. \3\ Vitamin A levels above the maximum of 1,675 I.U. will be allowed in products containing this nutrient as a natural food, and if the vitamin has not been added to the ingredients or foods. \4\ Recommended sources of iron are ferric ammonium citrate, ferrous fumarate, ferrous sulfates (FeSO4 or FeSO4 7H2 O), ferrous gluconate, reduced iron, or other sources known to have a similar relative biological value. II. Alternate Protein Products A. What Are the Criteria for Alternate Protein Products Used in the School Breakfast Program? 1. An alternate protein product used in meals planned under the food-based menu planning approaches in Sec. 220.8(g), must meet all of the criteria in this section. 2. An alternate protein product whether used alone or in combination with meat or other meat alternates must meet the following criteria: a. The alternate protein product must be processed so that some portion of the non-protein constituents of the food is removed. These alternate protein products must be safe and suitable edible products produced from plant or animal sources. b. The biological quality of the protein in the alternate protein product must be at least 80 percent that of casein, determined by performing a Protein Digestibility Corrected Amino Acid Score (PDCAAS). c. The alternate protein product must contain at least 18 percent protein by weight when fully hydrated or formulated. (``When hydrated or formulated'' refers to a dry alternate protein product and the amount of water, fat, oil, colors, flavors or any other substances which have been added). d. Manufacturers supplying an alternate protein product to participating schools or institutions must provide documentation that the product meets the criteria in paragraphs A.2. a through c of this appendix. e. Manufacturers should provide information on the percent protein contained in the dry alternate protein product and on an as prepared basis. f. For an alternate protein product mix, manufacturers should provide information on: (1) The amount by weight of dry alternate protein product in the package; (2) Hydration instructions; and (3) instructions on how to combine the mix with meat or other meat alternates. B. How Are Alternate Protein Products Used in the School Breakfast Program? 1. Schools, institutions, and service institutions may use alternate protein products to fulfill all or part of the meat/meat alternate component discussed in Sec. 220.8. The following terms and conditions apply: a. The alternate protein product may be used alone or in combination with other food ingredients. Examples of combination items are beef patties, beef crumbles, pizza topping, meat loaf, meat sauce, taco filling, burritos, and tuna salad. b. Alternate protein products may be used in the dry form (nonhydrated), partially hydrated or fully hydrated form. The moisture content of the fully hydrated alternate protein product (if prepared from a dry concentrated form) must be such that the mixture will have a minimum of 18 percent protein by weight or equivalent amount for the dry or partially hydrated form (based on the level that would be provided if the product were fully hydrated). C. How Are Commercially Prepared Products Used in the School Breakfast Program? Schools, institutions, and service institutions may use a commercially prepared meat or other meat alternate products combined with alternate protein products or use a commercially prepared product that contains only alternate protein products. (Secs. 804, 816, 817, and 819, Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 1753, 1756, 1759, 1771, 1773 and 1785)) [Amdt. 18, 39 FR 11249, Mar. 27, 1974, as amended at 40 FR 37027, Aug. 25, 1975; Amdt. 45, 48 FR 195, Jan. 4, 1983; Amdt. 57, 54 FR 13048, Mar. 30, 1989; 60 FR 31222, June 13, 1995; 65 FR 12436, Mar. 9, 2000; 65 FR 26923, May 9, 2000] [[Page 112]] Appendix B to Part 220--Categories of Foods of Minimal Nutritional Value (1) Soda Water--A class of beverages made by absorbing carbon dioxide in potable water. The amount of carbon dioxide used is not less than that which will be absorbed by the beverage at a pressure of one atmosphere and at a temperature of 60[deg] F. It either contains no alcohol or only such alcohol, not in excess of 0.5 percent by weight of the finished beverage, as is contributed by the flavoring ingredient used. No product shall be excluded from this definition because it contains artificial sweeteners or discrete nutrients added to the food such as vitamins, minerals and protein. (2) Water ices. As defined by 21 CFR 135.160 Food and Drug Administration Regulations except that water ices which contain fruit or fruit juices are not included in this definition. (3) Chewing gum. Flavored products from natural or synthetic gums and other ingredients which form an insoluble mass for chewing. (4) Certain candies. Processed foods made predominantly from sweeteners or artificial sweeteners with a variety of minor ingredients which characterize the following types: (a) Hard candy. A product made predominantly from sugar (sucrose) and corn syrup which may be flavored and colored, is characterized by a hard, brittle texture, and includes such items as sour balls, fruit balls, candy sticks, lollipops, starlight mints, after dinner mints, sugar wafers, rock candy, cinnamon candies, breath mints, jaw breakers and cough drops. (b) Jellies and gums. A mixture of carbohydrates which are combined to form a stable gelatinous system of jelly-like character, and are generally flavored and colored, and include gum drops, jelly beans, jellied and fruit-flavored slices. (c) Marshmallow candies. An aerated confection composed of sugar, corn syrup, invert sugar, 20% water and gelatin or egg white to which flavors and colors may be added. (d) Fondant. A product consisting of microscopic-sized sugar crystals which are separated by a thin film of sugar and/or invert sugar in solution such as candy corn, soft mints. (e) Licorice. A product made predominantly from sugar and corn syrup which is flavored with an extract made from the licorice root. (f) Spun candy. A product that is made from sugar that has been boiled at high temperature and spun at a high speed in a special machine. (g) Candy coated popcorn. Popcorn which is coated with a mixture made predominantly from sugar and corn syrup. Schedule for Amending Appendix B ------------------------------------------------------------------------ Publication Actions for publication --------------------------------------- May November ------------------------------------------------------------------------ Deadline for receipt of Nov. 15........... May 15. petitions by USDA. USDA to notify petitioners of Feb. 1............ Aug. 1. results of Departmental review and publish proposed rule (if applicable). 60 Day Comment Period........... Feb 1 through Apr. Aug. 1 through 1. Oct. 1. Public Notice of Amendment of May 1............. Nov. 1. Appendix B by. ------------------------------------------------------------------------ Written petitions should be sent to the Chief, Technical Assistance Branch, Nutrition and Technical Services Divisions, FNS, USDA, Alexandria, Virginia 22302 on or before November 15 or May 15 of each year. Petitions must include all information specified in Sec. 210.15b(b) (1) or (2), and Sec. 220.12(b) (1) or (2) as appropriate. (Sec. 17, Pub. L. 95-166, 91 Stat. 1345 (42 U.S.C. 1779); secs. 804, 816, 817 and 819, Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 1753, 1756, 1759, 1771, 1773 and 1785)) [Amdt. 32, 45 FR 6772, Jan. 29, 1980, as amended at 45 FR 72081, Oct. 31, 1980; 45 FR 76937, Nov. 21, 1980; Amdt. 45, 48 FR 195, Jan. 4, 1983; 54 FR 18466, May 1, 1989] Appendix C to Part 220--Child Nutrition (CN) Labeling Program 1. The Child Nutrition (CN) Labeling Program is a voluntary technical assistance program administered by the Food and Nutrition Service (FNS) in conjunction with the Food Safety and Inspection Service (FSIS), and Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA), and National Marine Fisheries Service of the U.S. Department of Commerce (USDC) for the Child Nutrition Programs. This program essentially involves the review of a manufacturer's recipe or product formulation to determine the contribution a serving of a commercially prepared product makes toward meal pattern requirements and a review of the CN label statement to ensure its accuracy. CN labeled products must be produced in accordance with all requirements set forth in this rule. 2. Products eligible for CN labels are as follows: (a) Commercially prepared food products that contribute significantly to the meat/meat alternate component of meal pattern requirements of 7 CFR 210.10 or 210.10a, whichever is applicable, 225.21, and 226.20 and are served in the main dish. [[Page 113]] (b) Juice drinks and juice drink products that contain a minimum of 50 percent full-strength juice by volume. 3. For the purpose of this appendix the following definitions apply: (a) ``CN label'' is a food product label that contains a CN label statement and CN logo as defined in paragraph 3 (b) and (c) below. (b) The ``CN logo'' (as shown below) is a distinct border which is used around the edges of a ``CN label statement'' as defined in paragraph 3(c). [GRAPHIC] [TIFF OMITTED] TC17SE91.003 (c) The ``CN label statement'' includes the following: (1) The product identification number (assigned by FNS), (2) The statement of the product's contribution toward meal pattern requirements of 7 CFR 210.10 or 210.10a, whichever is applicable, 220.8, 225.21, and 226.20. The statement shall identify the contribution of a specific portion of a meat/meat alternate product toward the meat/meat alternate, bread/bread alternate, and/or vegetable/fruit component of the meal pattern requirements. For juice drinks and juice drink products the statement shall identify their contribution toward the vegetable/ fruit component of the meal pattern requirements, (3) Statement specifying that the use of the CN logo and CN statement was authorized by FNS, and (4) The approval date. For example: [GRAPHIC] [TIFF OMITTED] TC17SE91.004 (d) Federal inspection means inspection of food products by FSIS, AMS or USDC. 4. Food processors or manufacturers may use the CN label statement and CN logo as defined in paragraph 3 (b) and (c) under the following terms and conditions: (a) The CN label must be reviewed and approved at the national level by the Food and Nutrition Service and appropriate USDA or USDC Federal agency responsible for the inspection of the product. (b) The CN labeled product must be produced under Federal inspection by USDA or USDC. The Federal inspection must be performed in accordance with an approved partial or total quality control program or standards established by the appropriate Federal inspection service. (c) The CN label statement must be printed as an integral part of the product label along with the product name, ingredient listing, the inspection shield or mark for the appropriate inspection program, the establishment number where appropriate, and the manufacturer's or distributor's name and address. (1) The inspection marking for CN labeled non-meat, non-poultry, and non-seafood products with the exception of juice drinks and juice drink products is established as follows: [GRAPHIC] [TIFF OMITTED] TC17SE91.005 [[Page 114]] (d) Yields for determining the product's contribution toward meal pattern requirements must be calculated using the Food Buying Guide for Child Nutrition Programs (Program Aid Number 1331). 5. In the event a company uses the CN logo and CN label statement inappropriately, the company will be directed to discontinue the use of the logo and statement and the matter will be referred to the appropriate agency for action to be taken against the company. 6. Products that bear a CN label statement as set forth in paragraph 3(c) carry a warranty. This means that if a food service authority participating in the child nutrition programs purchases a CN labeled product and uses it in accordance with the manufacturer's directions, the school or institution will not have an audit claim filed against it for the CN labeled product for noncompliance with the meal pattern requirements of 7 CFR 210.10 or 210.10a, whichever is applicable, 220.8, 225.21, and 226.20. If a State or Federal auditor finds that a product that is CN labeled does not actually meet the meal pattern requirements claimed on the label, the auditor will report this finding to FNS. FNS will prepare a report of the findings and send it to the appropriate divisions of FSIS and AMS of the USDA, National Marine Fisheries Services of the USDC, Food and Drug Administration, or the Department of Justice for action against the company. Any or all of the following courses of action may be taken: (a) The company's CN label may be revoked for a specific period of time; (b) The appropriate agency may pursue a misbranding or mislabeling action against the company producing the product; (c) The company's name will be circulated to regional FNS offices; (d) FNS will require the food service program involved to notify the State agency of the labeling violation. 7. FNS is authorized to issue operational policies, procedures, and instructions for the CN Labeling Program. To apply for a CN label and to obtain additional information on CN label application procedures write to: CN Labels, U.S. Department of Agriculture, Food and Nutrition Service, Nutrition and Technical Services Division, 3101 Park Center Drive, Alexandria, Virginia 22302. (National School Lunch Act, secs. 9, 13, 17; 42 U.S.C. 1758, 1761, 1766; 7 CFR 210.10, 220.8, 225.21, 226.20) [49 FR 18457, May 1, 1984; 49 FR 45109, Nov. 15, 1984; 60 FR 31222, June 13, 1995; 65 FR 26923, May 9, 2000]