Superintendent's Memo #145-11

State seal, Commonwealth of Virginia

Department of Education

May 20, 2011

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Modified Nutrition Requirements for Fluid Milk in the School Nutrition Programs

The Healthy, Hunger-Free Kids Act of 2010 (the Act), Public Law 111-296, modifies requirements for fluid milk in the National School Lunch Program and School Breakfast Program. The purpose of this memorandum is to provide guidance on the implementation of these modifications. Implementation is required by July 1, 2011.

Section 202 of the Act amends the Richard B. Russell National School Lunch Act by requiring a variety of fluid milk be served consistent with the most recent Dietary Guidelines for Americans. The 2010 Dietary Guidelines recommend that persons over two years of age consume fat-free (skim) or low-fat (1%) fluid milk. To offer milk variety consistent with this recommendation, local school food authorities must offer at least two choices from the following:

Such products must meet state and local standards for pasteurized fluid milk, as currently required in 7 CFR 210.10(m)(1)(ii).

In addition, the proposed rule, Nutrition Standards in the National School Lunch and School Breakfast Programs, includes a similar provision that addresses the allowable fat content of milk and also addresses flavored milk. Until an implementing rule for these nutrition standards goes into effect, plain or flavored low-fat and fat-free milk may be offered to meet the variety requirements described above. Effective July 1, 2011, fluid milk with fat content greater than fat-free or low-fat, such as reduced fat (2%) or whole, may no longer be offered as part of the meal service in the National School Lunch and School Breakfast Programs.

For questions or additional information, contact the school nutrition program specialist assigned to your division or office of school nutrition programs staff at (804) 225-2074.