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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 Authorities
From: 
Paula Tyner-Doyle, Coordinator
Date: 
Thursday, May 4, 2017
Subject: 
National School Lunch Program (NSLP) Flexibilities in Nutrition Requirements

On May 1, 2017, U.S. Secretary of Agriculture Sonny Perdue announced that the United States Department of Agriculture (USDA) will provide greater flexibility to the federal meal pattern requirements for the purpose of making food choices both healthful and appealing to school age children.  The Secretary signed a formal proclamation that allows increased local decision and control regarding whole grains, sodium and milk.

Specifically:

Whole Grains

For the 2017-2018 school year, USDA has authorized the New York State Education Department (SED) to continue to grant exemptions to schools experiencing hardship in serving 100 percent whole grain-rich products.  USDA has also been directed to implement a regulatory process to provide school food authorities (SFAs) with additional options in regard to serving only 100 percent whole grain-rich products.

Sodium

For school years 2017-2018 through June 2020, SFAs will not be required to meet the Sodium Target 2 requirements.  SFAs demonstrating that their menus are meeting the established Sodium Target 1 requirements will be considered compliant.

Milk

USDA has been directed to begin the regulatory process to allow SFAs to offer one percent flavored milk.  USDA will publish an interim rule in the near future to effect the change in the current milk policy.  SFAs should continue to follow the existing guidelines pertaining to the milk varieties allowed in the school meals programs.

SED will continue to provide routine updates, training and on-going guidance to assist SFAs to have a full understanding of all available flexibilities in the nutrition requirements for school meals for the 2017-2018 school year.

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.

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