[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: 7CFR220.8]



[Page 90-101]

 

                          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



[[Page 91]]



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 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:



[[Page 92]]



[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 planned 

under the food-based menu planning approaches?--(1) Traditional 

approach. For the traditional food-based menu planning approach, the 

required levels are:

[GRAPHIC] [TIFF OMITTED] TR09MY00.009



    (2) Enhanced approach. For the enhanced food-based menu planning 

approach, the required levels are:



[[Page 93]]



[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 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



[[Page 94]]



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, 2009, 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.

    (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



[[Page 95]]



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 

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



[[Page 96]]



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:

    (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:



[[Page 97]]



[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 98]]



[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



[[Page 99]]



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



[[Page 100]]



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, 2009, 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 breakfast pattern?--(1) 

Feeding breakfasts to infants. Breakfasts served to infants ages birth 

through 11 months must meet the requirements described in paragraph 

(j)(4) of this section. Foods included in the breakfast must be of a 

texture and a consistency that are appropriate for the age of the infant 

being served. The foods must be served during a span of time consistent 

with the infant's eating habits. For those infants whose dietary needs 

are more individualized, exceptions to the meal pattern must be made in 

accordance with the requirements found in paragraph (d)(1) of this 

section.

    (2) Breastmilk and iron-fortified formula. Either breastmilk or 

iron-fortified infant formula, or portions of both, must be served for 

the entire first year. Meals containing breastmilk and meals containing 

iron-fortified infant formula supplied by the school are eligible for 

reimbursement. However, infant formula provided by a parent (or 

guardian) and breastmilk fed directly by the infant's mother, during a 

visit to the school, contribute to a reimbursable breakfast only when 

the school supplies at least one component of the infant's meal.

    (3) Solid foods. For infants ages 4 through 7 months, solid foods of 

an appropriate texture and consistency are required only when the infant 

is developmentally ready to accept them. The school should consult with 

the infant's parent (or guardian) 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 the infant's health and 

nutritional well-being.

    (4) Infant meal pattern. Infant breakfasts must have, at a minimum, 

each of the food components indicated, in the amount that is appropriate 

for the infant's age. For some breastfed infants who regularly consume 

less than the minimum amount of breastmilk per feeding, a serving of 

less than the minimum amount of breastmilk may be offered. In these 

situations, additional breastmilk must be offered if the infant is still 

hungry. Breakfasts may include portions of breastmilk and iron-fortified 

infant formula as long as the total number of ounces meets, or exceeds, 

the minimum amount required of this food component. Similarly, to meet 

the component requirement for vegetables and fruit, portions of both may 

be served.

    (i) Birth through 3 months. 4 to 6 fluid ounces of breastmilk or 

iron-fortified infant formula--only breastmilk or iron-fortified formula 

is required to meet the infant's nutritional needs.

    (ii) 4 through 7 months. Breastmilk or iron-fortified formula is 

required. Some infants may be developmentally



[[Page 101]]



ready for solid foods of an appropriate texture and consistency. 

Breakfasts are reimbursable when schools provide all of the components 

in the meal pattern that the infant is developmentally ready to accept.

    (A) 4 to 8 fluid ounces of breastmilk or iron-fortified infant 

formula; and

    (B) 0 to 3 tablespoons of iron-fortified dry infant cereal.

    (iii) 8 through 11 months. Breastmilk or iron-fortified formula and 

solid foods of an appropriate texture and consistency are required.

    (A) 6 to 8 fluid ounces of breastmilk or iron-fortified infant 

formula; and

    (B) 2 to 4 tablespoons of iron-fortified dry infant cereal; and

    (C) 1 to 4 tablespoons of fruit or vegetable.

    (5) Infant meal pattern table. The minimum amounts of food 

components to serve to infants, as described in paragraph (j)(4) of this 

section, are:



                      Breakfast Pattern for Infants

------------------------------------------------------------------------

                                                         8 through 11

     Birth through 3 months       4 through 7 months        months

------------------------------------------------------------------------

4-6 fluid ounces of formula \1\   4-8 fluid ounces    6-8 fluid ounces

 or breastmilk 2 3.                of formula \1\ or   of formula \1\ or

                                   breastmilk 2 3;     breastmilk 2 3;

                                   and.                and

                                  0-3 tablespoons of  2-4 tablespoons of

                                   infant cereal 1 4.  infant cereal

                                                       \1\; and

                                                      1-4 tablespoons of

                                                       fruit or

                                                       vegetable or

                                                       both.

------------------------------------------------------------------------

\1\ Infant formula and dry infant cereal must be iron-fortified.

\2\ Breastmilk or formula, or portions of both, may be served; however,

  it is recommended that breastmilk be served in place of formula from

  birth through 11 months.

\3\ For some breastfed infants who regularly consume less than the

  minimum amount of breastmilk per feeding, a serving of less than the

  minimum amount of breastmilk may be offered, with additional

  breastmilk offered if the infant is still hungry.

\4\ A serving of this component is required only when the infant is

  developmentally ready to accept it.



    (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; 67 

FR 36785, May 28, 2002; 69 FR 70874, Dec. 8, 2004]