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Fluid Milk Provisions - Reauthorization 2004: Implementation Memo

EO Guidance Document #
FNS Document #
SP 7-2004
Resource type
Policy Memos
Resource Materials
PDF Icon Policy Memo (71.19 KB)
DATE: September 16, 2004
MEMO CODE: SP 7-2004
SUBJECT: Fluid Milk Provisions -- Reauthorization 2004: Implementation Memo
TO: Special Nutrition Programs
All Regions
State Agencies
Child Nutrition Programs
All States

Section 102 of the Child Nutrition and WIC Reauthorization Act of 2004 (PL 108-265) amended section 9(a)(2) of the Richard B. Russell National School Lunch Act (Russell) by removing (effective July 1, 2005) the requirement that schools participating in the National School Lunch Program (NSLP) offer students a variety of fluid milk consistent with prior year preferences. As amended, schools must offer fluid milk in a variety of fat contents and may offer flavored or unflavored milk and lactose-free fluid milk. This provision only applies to the NSLP as the School Breakfast Program and the Special Milk Program already have the flexibility to offer any type(s) of milk. The effective date allows school food authorities time to develop new procurement specifications for School Year 2005-06.

Child Nutrition Division

Page updated: December 19, 2022

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.