| 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.
STANLEY C. GARNETT
Director
Child Nutrition Division