THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of P-20 Education Policy
On May 1, 2017, U.S. Department of Agriculture (USDA) Secretary Sonny Perdue issued a proclamation announcing several menu planning flexibilities that underscore USDA’s commitment to assisting schools in serving healthy and appealing school meals. In addition, on May 5, 2017, Congress enacted the Consolidated Appropriations Act, 2017 (Public Law 115-31; the Appropriations Act), Section 747 (c) provides flexibilities to allow State Agencies who administer the National School Lunch Program (NSLP) and School Breakfast Program (SBP) and as a competitive food available for sale on campus during the school day to grant an exemption allowing the service of low-fat (1-percent milk fat) flavored milk, in SY 2017-2018, to a School Food Authority (SFA) that demonstrates a reduction in student milk consumption or an increase in school milk waste. The provision requires that SFAs that are approved for a low-fat flavored milk allowance must continue, at a minimum, to offer at least two varieties of milk in compliance with the requirements under the Healthy Hunger Free Kids Act.
The New York State Education Department, Child Nutrition Program Administration will approve an SFA’s allowance request for low-fat (1-percent milk fat) flavored milk if the SFA can demonstrate that a reduction in student milk consumption or an increase in school milk waste has occurred. SFAs that receive an allowance will be considered compliant with milk requirements during an Administrative review if the milk offerings are consistent with the exemption granted by the State agency and at least two varieties of milk are offered.
SFAs must indicate the hardship(s) incurred in serving fat-free flavored milk and provide a written justification or supporting documentation (e.g., production records, meal count records, etc.) to demonstrate that a reduction in student milk consumption or an increase in school milk waste has occurred. Please submit the Low-Fat (1%) Flavored Milk Allowance Request Form to the Child Nutrition Administration office. If further documentation is to be submitted for justification, send it via email to email@example.com. SFAs will receive an email indicating that their allowance request has been approved.
Hardships may include but are not limited to:
- A significant decrease in milk sales since implementation of the current meal patterns
- Declining milk sales despite offering alternative products and brands
- A food waste study indicating significant waste of fluid milk
- Significant negative feedback from students and parents regarding lack of availability of low-fat, flavored milk
- Significant negative feedback from students regarding the palatability of fat-free, flavored milk
- Other- The SFA provides an explanation of the hardship incurred prompting them to seek an allowance to serve low-fat flavored milk.
For more information on requests for low-fat flavored milk allowances, please contact a child nutrition representative at 518-473-8781.