COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 2

May 6, 2005

REGULATORY

TO:	Division Superintendents
FROM:	Jo Lynne DeMary Superintendent of Public Instruction
SUBJECT:	Fluid Milk Requirements in the School Nutrition Programs Reauthorization 2004

Section 102 of the Child Nutrition and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Reauthorization Act of 2004 (Public Law 108-265) amended the Richard B. Russell National School Lunch Act by removing the requirement that schools participating in the National School Lunch Program offer students a variety of fluid milk consistent with prior year preferences. The effective date of this amendment is July 1, 2005.

Schools must offer fluid milk in a variety of fat contents and may offer flavored or unflavored milk and lactose-free fluid milk. Schools are no longer required to offer whole milk. Schools are encouraged to offer fat free (skim) milk and low-fat (1%) milk daily for breakfast, lunch, and snacks, if applicable.

Questions regarding this regulatory change may be directed to the school nutrition programs specialist assigned to the division, or Lynne Fellin, acting director, at (804) 225-2074.

JLD/LAF/idl