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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: 
Frances N. O'Donnell, Coordinator
Date: 
Tuesday, September 18, 2012
Subject: 
Frozen Fruit Products and Nutrition Standards in the National School Lunch and Breakfast Programs-Exemption for 2012-2013 and 2013-2014

The final rule published on January 26, 2012, requires that frozen fruit served in the National School Lunch Program (NSLP) contain no added sugar beginning in School Year (SY)

2012-2013.  Since 2009, the Department of Agriculture (USDA) has reduced the amount of added sugars in packing media for frozen fruits offered to States; however, most of the frozen strawberries, peaches and apricots offered by USDA currently contain added sugars. 

The new regulation allows for a water (unsweetened) or juice-only frozen fruit pack.  However, to provide State agencies and school food authorities (SFAs) with time to use existing inventories, and to recognize the time needed for industry to reformulate and to pack new frozen fruit products, schools may continue to serve frozen fruit with added sugar in the NSLP for SY 2012-2013 and SY 2013-2014.  Earlier instruction from USDA stated that frozen fruit with added sugar may continue to be served in SY 2012-2013 only; this exemption has been extended for SY 2013-2014. 

This exemption applies to products acquired through USDA Foods as well as those purchased commercially and is only for SY 2012-2013 and SY 2013-2014. 

USDA also currently offers unsweetened frozen fruits, and encourages SFAs to order those products.  Additionally, USDA is working with industry to ensure that all frozen fruits offered through USDA Foods will be unsweetened or juice pack products available for schools to order for SY 2014-2015. 

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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