Clarification on the Use of Milk, Juice and Other Beverages in School Nutrition Programs

Juice (fruit or vegetable), soy- or rice-based beverages that are not nutritionally equivalent to cow’s milk cannot replace milk for a child without a disability according to the U.S. Department of Agriculture (USDA) rule, Fluid Milk Substitutions in the School Nutrition Programs. This document defines the Fluid Milk Substitution rule and explores different options schools have when they offer beverages that do not qualify as a fluid milk substitute in a school nutrition program.

Fluid Milk Substitutions for a Child Without a Disability

Schools that participate in the National School Lunch Program, School Breakfast Program, Afterschool Care Program, Special Milk Program and Minnesota Kindergarten Milk Program cannot substitute milk with another beverage like juice (fruit or vegetable) or soy- or rice-based beverages that are not nutritionally equivalent to cow’s milk for a child without a disability even if the school has a special dietary request that is signed by a recognized medical authority or licensed physician.

The final rule, Fluid Milk Substitutions in the School Nutrition Programs, issued by the U.S. Department of Agriculture on September 12, 2008, allows schools to provide a milk substitute for a child without a disability and count it as the milk component if the substitute is nutritionally equivalent to cow’s milk. A written request for a fluid milk substitute may be made by a medical authority, a parent or guardian. The decision to offer a fluid milk substitute to a child without a disability under this ruling is at the discretion of the school. If offered, the school must notify the Minnesota Department of Education, Food and Nutrition Service of their decision to provide a fluid milk substitute and must acknowledge that the school, and not the child, will pay for substitution expenses that exceed federal reimbursements. Acceptable fluid milk substitutes must contain the following nutrients in the quantities specified in order to be considered nutritionally equivalent to cow’s milk:

Milk Substitute Nutrition Standards

Lactose-Reduced Milk

Schools in Minnesota must provide lactose-reduced or lactose-free milk to students who are lactose intolerant and who participate in the National School Lunch Program, School Breakfast Program and Afterschool Care Program*. Since lactose-reduced or lactose-free milk is cow’s milk, it can be credited as the milk component in a meal or snack without documentation.

*Minnesota Statutes section 124D.114 requires a Sponsoring Authority of school meal programs to provide one of these alternatives for a student with lactose intolerance if the parent has requested, in writing, an alternative:

It is recommended that schools inform parents annually that lactose-reduced or lactose-free milk will be made available upon a parent’s request.

Substitutions for a Child with a Disability

Substitutions or modifications must be made in school meals for a child who has a disability that restricts his diet per USDA regulations (7 CFR Part 15b). A child with a disability must be provided food substitutions when that need is supported by a special diet statement that is signed by a licensed physician. The statement must identify: (1) the child’s disability; (2) the explanation of why the disability restricts the child’s diet; (3) the major life activity affected by the disability; (4) the food(s) to be omitted from the child’s diet; and, (5) the food(s) to be substituted. The special diet statement, when signed by a licensed physician for a disabled student, takes precedence over all meal pattern requirements. This means that a reimbursable meal can be claimed based on what the physician has included in the diet statement, rather than following the USDA meal pattern, whether or not the school has implemented the Offer versus Serve provision.

Fluid Milk Substutions and Offer versus Serve

Lunch in a school with the Offer versus Serve provision

A serving of milk, meat/meat alternate, grains, fruit and vegetable must be offered to all students for lunch and each student must select a minimum of three of the five food items, with one of the three items as a fruit or vegetable, in order for the school to claim the meal for reimbursement.

Lunch in a school without the Offer versus Serve provision

The student must take milk, meat/meat alternate, grains, fruit and vegetable for lunch in order for the school to claim the meal for reimbursement.

Non-Dairy Beverages Meeting USDA Substitution Criteria per 8 Fluid Ounces

	USDA Criteria	8th Continent	8th Continent	Pacific Natural	Pacific Natural	Kikkoman	Kikkoman	Great Value	Sunrich Naturals	Sunrich Naturals
Nutrients	per 8 fl oz	Original Soymilk	Light Chocolate Soymilk	Ultra Soymilk Plain	Ultra Soymilk Vanilla	Pearl Organic Soymilk Creamy Vanilla	Pearl Organic Soymilk Chocolate	Original Soymilk	Original	Vanilla
Calcium (mg)	276	300	300	284	284	341	388	300	300	300
Protein (g)	8	8	8	10	10	9	8	8	8	8
Vitamin A (IU)	500	500	500	500	500	578	613	500	500	500
Vitamin D (IU)	100	100	100	100	100	118	110	120	100	100
Magnesium (mg)	24	24	24	52	52	80	96	40	40	40
Phosphorus (mg)	222	250	300	254	254	401	456	250	228	228
Potassium (mg)	349	360	440	380	380	410	550	360	360	360
Riboflavin (mg)	0.44	0.51	0.51	0.5	0.5	0.75	0.77	0.51	0.45	0.45
Vitamin B12 (mcg)	1.1	1.2	1.2	1.47	1.47	1.58	1.54	3	1.1	1.1
Packaging		8 or 64 fl oz carton (12 or 40/case)	8 fl oz carton (12 or 40/case)	32 fl oz carton	32 fl oz carton	8.25 fl oz carton (24/case)	8.25 fl oz carton (24/case)	64 fl oz carton	8 fl oz carton (24/case)	8 fl oz carton (24/case)
Shelf Stable?	Y/N	N	N	Y	Y	Y	Y	N	Y	Y