THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of P-20 Education Policy
In Section 789, of Division A of the Consolidated Appropriations Act, 2021, Congress provided that none of the funds made available by the Appropriations Act or any other act may be used to restrict the offering of low-fat (1% fat) flavored milk in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) as long as such milk is not inconsistent with the most recent Dietary Guidelines. Due to recent Congressional action, this flexibility allowing low-fat, flavored milk in the NSLP and SBP is now effective through February 18, 2022. This provides additional flexibility in planning school breakfast and lunch menus; but, does not require schools to make any menu changes.
Also in the Appropriations Act, Congress provided that funds made available by the Appropriations Act cannot be used to procure raw or processed poultry products imported into the United States from the People’s Republic of China for use in the child nutrition programs. This prohibition is also extended through February 18, 2022.
For more information, please see this policy memo: Consolidated Appropriations Act 2021: Effect on Child Nutrition Programs – REVISED. Please note, while the expiration date for these provisions is listed as September 30, 2021, in the memo, they have both been extended to February 18, 2022. FNS will provide additional guidance if these provisions are further extended. As stated in the memo, flexibility related to paid lunch equity and serving potatoes and other starchy vegetables in the SBP remains in effect through school year 2021-2022.