Skip to main content

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

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
To: 
School Food Service Directors/Managers
From: 
Child Nutrition Program Administration
Date: 
Tuesday, October 31, 2023
Subject: 
Allowable Flexibilities for School Meal Programs Experiencing Milk Supply Shortages

Due to the unexpected nationwide shortage of paper milk cartons, many School Food Authorities (SFAs) are not able to obtain milk in half pints for their school meals programs. Although SFAs are expected to meet the fluid milk requirements to the greatest extent possible, supply chain disruptions, including disruptions that limit milk variety or affect serving size, are considered a temporary emergency condition. In these instances, SFAs are allowed to serve and claim meals during the emergency period by:

  • pouring milk from larger containers into individual cups,  
  • offering one type of milk instead of a variety,
  • offering an alternate form of fluid milk such as low-fat or fat-free lactose-free milk or reduced-lactose fluid milk, or
  • as a last resort, not offer fluid milk altogether.

Please be advised that juice cannot be offered in place of the milk component. SFAs must still adhere to the National School Lunch Program and School Breakfast Program meal requirement that no more than half of the fruit or vegetable offerings may be in the form of juice.

SFAs are expected to maintain documentation of the milk disruption and the procedures implemented during the emergency period. SFAs are only required to notify the New York State Education Department, Office of Child Nutrition at CN@nysed.gov if the SFA is unable to serve any form of milk.

Please contact the Child Nutrition Office for additional assistance.

 

USDA Nondiscrimination Statement

In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

  1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410;
  2. Fax: (202) 690-7442; or
  3. Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

Top