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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 Service Directors/Managers
From: 
Paula Tyner-Doyle, Coordinator
Date: 
Thursday, June 21, 2018
Subject: 
Child Nutrition Programs’ Flexibilities for School Year 2018-2019

Click here for the original SP 18-2018 memo released by USDA.

An interim final rule published on November 30, 2017 (82 FR 56703) provides Child Nutrition Program (CNP) operators targeted flexibilities for milk, whole grains, and sodium requirements for School Year (SY) 2018-2019.  This memorandum summarizes the flexibilities that will be effective July 1, 2018.  The following three flexibilities apply to SY 2018-2019 only.  USDA is currently developing a final rule that will address the availability of flexibilities beyond SY 2018-2019.

Milk: Operators in the National School Lunch Program (NSLP) and the School Breakfast Program (SBP) will have the option to offer flavored, low-fat (1 percent fat) milk as part of a reimbursable meal for students in grades K through 12.  Flavored, low-fat (1 percent fat) milk may be provided to Special Milk Program and Child and Adult Care Food Program participants 6 years of age and older.  No demonstration of hardship will be required.  Schools will also be able to offer flavored, low-fat milk as a competitive beverage for sale.

Whole grains: State agencies will continue to have discretion to grant whole grain-rich exemptions to School Food Authorities (SFAs) that can demonstrate hardship(s) in procuring, preparing, or serving specific products that are acceptable to students and compliant with the whole grain-rich criteria.  SFAs that receive exemption approval must offer at least half of the grains as whole grain-rich.  Please refer to the Extension Notice Memo for guidance on the exemption process.

Sodium: Sodium Target 1 will continue as the regulatory limit in the NSLP and SBP.

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 2018-2019 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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