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Office of P-20 Education Policy
Child Nutrition Program Administration
89 Washington Avenue, Room 375 EBA, Albany, NY 12234
Phone: (518) 473-8781 Fax: (518) 473-0018

School Food Service Directors/Managers
Child Nutrition Program Administration
Tuesday, December 14, 2021
Low-Fat (1%) Flavored Milk – Congressional Flexibility Extended through February 18, 2022

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.


USDA Nondiscrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at:, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

  1. mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  2. fax:
    (833) 256-1665 or (202) 690-7442; or
  3. email:


This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.