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Update on Fluid Milk Substitutions in the School Nutrition Programs and Revised List of Recognized Medical Authorities

[X] Policy Memo

October 24, 2008

TO: Sponsors of the National School Lunch, School Breakfast and Special Milk Programs

RE: Update on Fluid Milk Substitutions in the School Nutrition Programs and Revised List of Recognized Medical Authorities

Sponsors of the National School Lunch Program (NSLP), School Breakfast Program (SBP) and Special Milk Program (SMP) are required to implement the following changes concerning Fluid Milk Substitutions and recognized Medical Authorities.

Fluid Milk Substitutions in the School Nutrition Programs:
USDA Regulations on Fluid Milk Substitutions became effective October 14, 2008.
The new regulation applies to students without disabilities. It recognizes the valuable contribution of milk to a child’s diet and, therefore, does not allow a school to offer other beverages, such as juice, as milk substitutes. The only milk substitutes allowed under this rule for students without disabilities are nondairy beverages that meet the established nutrient requirements.

Offering a milk substitute is at the sponsor’s discretion for non-disabled students. Lactose free milk may be offered, as part the required fluid milk variety, for lactose intolerant students without requiring documentation.

If the sponsor opts to offer a fluid milk substitute to non-disabled students, they must provide equal accommodation to students with a wide range of dietary needs related to fluid milk substitution, such as ethnic, cultural, ethical or religious reasons.

Sponsors electing to offer a fluid milk substitute to non-disabled students are required to:

  • Continue the current requirements on meal variations for students with disabilities;
  • Offer fluid milk substitutes that are nutritionally equivalent to fluid milk, providing specific levels of calcium, protein, vitamin A and vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B-12;
  • Notify the Oregon Department of Education Child Nutrition Programs (ODE CNP) by updating the Sponsor Information Sheet in CNPweb, General Information line item number 68, Will a Milk Substitute be offered?
  • Pay for substitution expenses that exceed Federal meal reimbursements
  • Accept a statement from a parent/legal guardian or from a medical authority identifying the student’s need. Previously, schools were only able to accept a statement signed by a recognized medical authority. Enclosed is the Milk Substitute Request form PDF Document to be completed by the parent/legal guardian.
Nutrient Requirement for Milk Substitute:

 
Nutrient Per cup
Calcium 276 mg.
Protein 8 g.
Vitamin A 500 IU.
Vitamin D 100 IU.
Magnesium 24 mg
Phosphorus 222 mg
Potassium 349 mg.
Riboflavin 0.44 mg.
Vitamin B-12 1.1 mcg.

Currently, no products are formulated to meet these requirements. Schools may continue to provide accommodations they have already agreed to under the prior program regulations for students with medical or special dietary needs. However, starting October 14, 2008, no new accommodations may be made under the old regulations.

FNS will reevaluate this policy in six months and issue further guidance at that time. ODE CNP anticipates that allowable products will be available in the near future.

Medical Authorities:
ODE CNP recognizes the following medical authorities: Licensed physicians (MD), Physician’s Assistants (PA), Registered Dietitians (RD), Nurse Practitioners (NP), Registered Nurses (RN), Naturopathic Physician (NP), Doctor of Osteopathy (DO), and Naturopathic Doctor of Osteopathy (NDO).

A statement from a medical authority is still required for any meal variations, other than milk substitution, for a non-disabled student with medical or other special dietary needs. Typically, meal variations can be handled through menu choices

Enclosed is a revised Quick Guide for Meal Substitutions for Students with Disabilities or Medical or other Special Dietary Needs PDF Document, originally issued in 2001, that reflects the changes in milk substitution and recognized medical authorities.

If you need assistance or additional information, please contact your assigned Child Nutrition Specialist or me at (503) 947-5893.

Sincerely,

Heidi Dupuis, Manager, School Nutrition
Child Nutrition Programs
Office of Finance & Administration

Enclosure: Milk Substitute Request form PDF Document
  Quick Guide PDF Document



Contacts
  • Heidi Dupuis Email    (503) 947-5893
    Child Nutrition Program - Program Mrg, School Nutrition Programs

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