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On October 25, 2023, the United States Department of Agriculture, Food and Nutrition Services (USDA, FNS) issued memo SP01-2024, CACFP01-2024, SFSP01-2024. This memo offers clarification of Allowable Flexibilities for Child Nutrition Programs Experiencing Milk Supply Shortages.
Under current Program regulations found at 7 CFR 210.10(d)(2), 220.8(d), 225.16(f)(6), and 226.20(e)(1), State agencies may allow Program operators experiencing milk supply shortages to serve meals during an emergency period with an alternate form of fluid milk or without fluid milk. Although Program operators are expected to meet the fluid milk requirements to the greatest extent possible, supply chain disruptions, including disruptions that limit milk variety or affect serving size, would be considered a temporary emergency condition for purposes of this flexibility.
Oregon is allowing flexibility for Sponsors that are affected by the current milk supply shortages. If your organization is affected or expects to be affected by the current milk packaging challenges, please complete the Milk Supply Shortage Form. Completion of this form is required for Sponsors to use the current flexibility allowed by USDA FNS.
As a reminder, Sponsors must retain documentation that supports the specific challenges of procuring allowable milk types, as applicable to your program.
Sponsors of the NSLP and SBP should review the questions and answers provided below.
Please reach out to your assigned Child Nutrition Specialist should you have any questions regarding this correspondence.
Note: These Questions and Answers are applicable to sponsors of the NSLP and SBP.
Q1: Can schools exceed the juice requirement at this time?
Response: Although State agencies may allow Program operators experiencing milk supply shortages to serve meals during an emergency period without fluid milk, SFAs must still adhere to the NSLP and SBP meal requirement that no more than half of the fruit or vegetable offerings may be in the form of juice. Additional Juice may be offered and served as an “extra” food item but may not credit toward the minimum number of food components/food items a school is required to offer.
Q2: OVS with no milk available at Lunch- Can the SFA offer 4 components and students decline 2? Or, since one less component is offered only decline 1?
Response: Under current regulations for offer versus serve (OVS) at lunch (7 CFR 210.10(e)), students must be allowed to decline two components at lunch, except that the students must select at least ½ cup of either the fruit or vegetable component. When milk is not available due to supply chain shortages, schools are required to offer the remaining 4 meal components to meet the OVS lunch requirements. If milk is not offered under this circumstance, this will count as one “declined” meal component; therefore, students are allowed to decline one additional meal component at lunch.
Q3: OVS with no milk available at Breakfast- Can the SFA offer 2 components and the students decline 1? Does the School still have to offer 4 food items, or can they offer 3 food items if milk would have been one of the items offered if not for the shortage?
Response: Under current regulations for offer versus serve (OVS) at breakfast (7 CFR 220.8(e)), schools must offer a minimum of four food items. Students are allowed to decline one of the four items, provided that students select ½ cup of fruit and/or vegetable. If milk is not offered due to a supply chain shortage, schools may offer three food items, but students will need to take all three food items for a reimbursable breakfast.
Q4: Full meal service with no milk available – Can the SFA serve only two components and possibly only two items at breakfast and only 4 components/items at lunch?
Response: If milk is not offered due to supply chain shortage and schools are not exercising offer versus serve, all other required food components for lunch and breakfast must be served for a reimbursable meal. For breakfast served without milk, schools would be required to serve fruits and grains. For lunch served without milk, schools would be required to serve fruits, vegetables, grains, and meats/meat alternates. Senior high schools (as defined by the State educational agency) must participate in offer versus serve at lunch.
Enclosure: Clarification of Allowable Flexibilities for Child Nutrition Programs Experiencing Milk Supply Shortages
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