This final rule makes changes to the regulations governing the National School Lunch Program. Currently, reimbursable school lunches must offer types of fluid milk consistent with prior year preferences, unless the prior year preference for a particular type of milk was less than one percent of the total milk consumed.
In response to the requirements of the Child Nutrition and WIC Reauthorization Act of 2004, which amended the Richard B. Russell National School Lunch Act, the National School Lunch Program regulations are revised to require that schools offer, with meals, fluid milk in a variety of fat contents. The requirement for consistency with prior year preferences is removed. As a result of the legislation, schools are provided with more flexibility to expand choices based upon what school food service professionals believe are the most appropriate offerings to meet the needs and tastes of children, as well as what will best encourage the increased consumption of milk and its associate nutrients by schoolchildren.