THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of P-20 Education Policy
School food authorities (SFAs) participating in the School Breakfast Program (SBP) may continue to credit any vegetable offered, including potatoes and other starchy vegetables, in place of fruit without including vegetables from other subgroups in the weekly menus, through June 30, 2021. This flexibility is based on Section 749 of Division B of the Further Consolidated Appropriations Act, 2020 (P.L. 116-94) (the Appropriations Act), enacted on December 20, 2019. It is a continuation of the flexibility originally offered under the Consolidated Appropriations Act, 2019 (P.L. 116-6), enacted on February 15, 2019. This memorandum supersedes SP 16-2019: School Breakfast Program: Substitution of Vegetables for Fruit, March 18, 2019.
SFAs participating in the SBP are required to offer 1 cup of fruit daily to children in all age/grade groups (7 CFR 220.8(c)). To meet this requirement, SFAs may offer a vegetable in place of a fruit. Under current regulations, SFAs choosing to offer a vegetable in place of a fruit at breakfast must ensure that at least two cups per week are from the dark green, red/orange, beans and peas (legumes), or “other vegetables” subgroups (7 CFR 220.8(c), footnote (c)). However, under the Appropriations Act, through June 30, 2021, no Federal funds may be used to enforce the requirement that at least two cups of vegetables per week come from the vegetable subgroups listed above. Therefore, through June 30, 2021, SFAs that offer 1 cup of fruit or vegetable at breakfast each day will be considered compliant during the Administrative Review. This provision provides additional flexibility in planning breakfast menus but does not require SFAs to make any menu changes.