7 C.F.R. § 220.8

Current through May 31, 2024

Section 220.8 - [Effective 7/1/2024] Meal requirements for breakfasts

(a)General requirements. This section contains the meal requirements applicable to school breakfasts for students in grades K through 12, and for children under the age of 5. In general, school food authorities must ensure that participating schools provide nutritious, well-balanced, and age-appropriate breakfasts to all the children they serve to improve their diet and safeguard their health.

(1)General nutrition requirements. School breakfasts offered to children age 5 and older must meet, at a minimum, the meal requirements in paragraph (b) of this section. Schools must follow a food-based menu planning approach and produce enough food to offer each child the quantities specified in the meal pattern established in paragraph (c) of this section for each age/grade group served in the school. In addition, school breakfasts must meet the dietary specifications in paragraph (f) of this section. Schools offering breakfasts to children ages 1 to 4 and infants must meet the meal pattern requirements in paragraphs (o) and (p) of this section, as applicable. When breakfast is served in the cafeteria, schools must make plain potable water available and accessible without restriction to children at no charge.

(2)Unit pricing. Schools must price each meal as a unit. The price of a reimbursable breakfast does not change if the student does not take a food item or requests smaller portions. Schools must identify, near or at the beginning of the serving line(s), the food items that constitute the unit-priced reimbursable school meal(s).

(3)Production and menu records. Schools or school food authorities, as applicable, must keep production and menu records for the meals they produce. These records must show how the meals offered contribute to the required meal components and food quantities for each age/grade group every day. Schools or school food authorities must maintain records of the latest nutritional analysis of the school menus conducted by the State agency. Information on maintaining production and menu records may be found in FNS guidance.

(b)Meal requirements for school breakfasts. School breakfasts for children ages 5 and older must reflect food and nutrition requirements specified by the Secretary. Compliance with these requirements is measured as follows:

(1) On a daily basis:

(i) Meals offered to each age/grade group must include the meal components and food quantities specified in the meal pattern in paragraph (c) of this section;

(ii) Meal selected by each student must have the number of meal components required for a reimbursable meal and include at least one fruit or vegetable.

(2) Over a 5-day school week:

(i) Average calorie content of the meals offered to each age/grade group must be within the minimum and maximum calorie levels specified in paragraph (f) of this section;

(ii) Average saturated fat content of the meals offered to each age/grade group must be less than 10 percent of total calories as specified in paragraph (f) of this section;

(iii) By July 1, 2027, average added sugars content of the meals offered to each age/grade group must be less than 10 percent of total calories as specified in paragraph (f) of this section; and

(iv) Average sodium content of the meals offered to each age/grade group must not exceed the maximum level specified in paragraph (f) of this section.

(c)Meal pattern for school breakfasts for grades K through 12. A school must offer the meal components and quantities required in the breakfast meal pattern established in the following table:

Table 1 to Paragraph ( c ) Introductory Text-School Breakfast Program Meal Pattern

Meal components	Amount of food 1 per week (minimum per day)
	Grades K-5	Grades 6-8	Grades 9-12
Fruits (cups) 2	5 (1)	5 (1)	5 (1)
Vegetables (cups) 2	0	0	0
Dark Green Subgroup	0	0	0
Red/Orange Subgroup	0	0	0
Beans, Peas, and Lentils Subgroup	0	0	0
Starchy Subgroup	0	0	0
Other Vegetables Subgroup	0	0	0
Grains or Meats/Meat Alternates (oz. eq) 3	7-10 (1)	8-10 (1)	9-10 (1)
Fluid Milk (cups) 4	5 (1)	5 (1)	5 (1)
Dietary Specifications: Daily Amount Based on the Average for a 5-Day Week5
Minimum-Maximum Calories (kcal)	350-500	400-550	450-600
Saturated Fat (% of total calories)	<10	<10	<10
Added Sugars (% of total calories)	<10	<10	<10
Sodium Limit: In place through June 30, 2027	[LESS THAN EQUAL TO]540 mg	[LESS THAN EQUAL TO]600 mg	[LESS THAN EQUAL TO]640 mg
Sodium Limit: Must be implemented by July 1, 2027	[LESS THAN EQUAL TO]485 mg	[LESS THAN EQUAL TO]535 mg	[LESS THAN EQUAL TO]570 mg
1 Food items included in each group and subgroup and amount equivalents.
2 Minimum creditable serving is 1/8 cup. Schools must offer 1 cup of fruit daily and 5 cups of fruit weekly. Schools may substitute vegetables for fruit at breakfast as described in paragraphs (c)(2)(i) and (ii) of this section.
3 Minimum creditable serving is 0.25 oz. eq. School may offer grains, meats/meat alternates, or a combination of both to meet the daily and weekly ounce equivalents for this combined component. At least 80 percent of grains offered weekly at breakfast must be whole grain-rich as defined in § 210.2 of this chapter, and the remaining grain items offered must be enriched.
4 Minimum creditable serving is 8 fluid ounces. All fluid milk must be fat-free (skim) or low-fat (1 percent fat or less) and must meet the requirements in paragraph (d) of this section.
5 By July 1, 2027, schools must meet the dietary specification for added sugars. Schools must meet the sodium limits by the dates specified in this chart. Discretionary sources of calories may be added to the meal pattern if within the dietary specifications.

(1)Age/grade groups. Schools must plan menus for students using the following age/grade groups: Grades K-5 (ages 5-10), grades 6-8 (ages 11-13), and grades 9-12 (ages 14-18). If an unusual grade configuration in a school prevents the use of the established age/grade groups, students in grades K-5 and grades 6-8 may be offered the same food quantities at breakfast provided that the calorie and sodium standards for each age/grade group are met. No customization of the established age/grade groups is allowed.

(2)Meal components. Schools must offer students in each age/grade group the meal components specified in meal pattern in this paragraph (c). Meal component descriptions in § 210.10 of this chapter apply to this Program.

(i)Fruits component. Schools must offer daily the fruit quantities specified in the breakfast meal pattern in this paragraph (c). Fruits that are fresh, frozen, or dried, or canned in light syrup, water or fruit juice may be offered to meet the fruits component requirements. Vegetables may be offered in place of all or part of the required fruits at breakfast. Schools that choose to offer vegetables in place of fruits at breakfast one day per school week may offer any vegetables, including starchy vegetables. Schools that choose to offer vegetables in place of fruits at breakfast two or more days per school week must offer at least two different vegetable subgroups as defined in § 210.10(c)(2)(ii) of this chapter. All fruits are credited based on their volume as served, except that 1/4 cup of dried fruit counts as 1/2 cup of fruit. Only pasteurized, full-strength fruit juice may be offered, and may be credited to meet no more than one-half of the fruit component.

(ii)Vegetables component. Schools are not required to offer vegetables as part of the breakfast menu but may offer vegetables to meet part or all of the fruit requirement. Schools that choose to offer vegetables in place of fruits at breakfast one day per school week may offer any vegetables, including starchy vegetables. Schools that choose to offer vegetables in place of fruits at breakfast two or more days more than one day per school week must offer vegetables from at least two different vegetable subgroups as defined in § 210.10(c)(2)(ii) of this chapter. Fresh, frozen, or canned vegetables and dry beans, peas, and lentils may be offered to meet the fruit requirement. All vegetables are credited based on their volume as served, except that 1 cup of leafy greens counts as 1/2 cup of vegetables and tomato paste and tomato puree are credited based on calculated volume of the whole food equivalency. Pasteurized, full-strength vegetable juice may be offered to meet no more than one-half of the vegetable component. Cooked dry beans, peas, and lentils may be counted as either a vegetable or as a meat/meat alternate but not as both in the same dish.

(iii)Grains. Grains offered at breakfast count toward the combined grains and meats/meat alternates component. Schools may offer grains, meats/meat alternates, or a combination of both to meet the daily and weekly ounce equivalents for this combined component. Information on crediting grain items may be found in FNS guidance.

(A)Whole grain-rich requirement. Whole grain-rich is the term designated by FNS to indicate that the grain content of a product is between 50 and 100 percent whole grain with any remaining grains being enriched. At least 80 percent of grains offered at breakfast weekly, based on ounce equivalents, must meet the whole grain-rich criteria as defined in § 220.2 , and the remaining grain items offered must be enriched.

(B)Breakfast cereals. By July 1, 2025, breakfast cereals must contain no more than 6 grams of added sugars per dry ounce.

(C)Daily and weekly servings. The grains component is based on minimum daily servings plus total servings over a 5-day school week. Schools serving breakfast 6 or 7 days per week must increase the weekly grains quantity by approximately 20 percent ( 1/5 ) for each additional day. When schools operate less than 5 days per week, they may decrease the weekly quantity by approximately 20 percent ( 1/5 ) for each day less than 5.

(iv)Meats/meat alternates. Meats/meat alternates offered at breakfast count toward the combined grains and meats/meat alternates component. Schools may offer grains, meats/meat alternates, or a combination of both to meet the daily and weekly ounce equivalents for this combined component. Information on crediting meats/meat alternates may be found in FNS guidance.

(A)Enriched macaroni. Enriched macaroni with fortified protein, as defined in appendix A to part 210 of this chapter, may be used to meet part of the meats/meat alternates requirement when used as specified in appendix A to part 210.

(B)Nuts and seeds. Nuts and seeds and their butters are allowed as meat alternates. Acorns, chestnuts, and coconuts do not credit as meat alternates because of their low protein and iron content. Nut and seed meals or flours may credit only if they meet the requirements for Alternate Protein Products established in appendix A to this part.

(C)Yogurt. Yogurt may be offered to meet all or part of the combined grains and meats/meat alternates component. Yogurt may be plain or flavored, unsweetened or sweetened. By July 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce). Noncommercial and/or non-standardized yogurt products, such as frozen yogurt, drinkable yogurt products, homemade yogurt, yogurt flavored products, yogurt bars, yogurt covered fruits and/or nuts or similar products are not creditable. Four ounces (weight) or 1/2 cup (volume) of yogurt equals one ounce of the meats/meat alternates requirement.

(D)Tofu and soy products. Commercial tofu and soy products may be offered to meet all or part of the combined grains and meats/meat alternates component. Noncommercial and/or non-standardized tofu and products are not creditable.

(E)Beans, peas, and lentils. Cooked dry beans, peas, and lentils may be used to meet all or part of the combined grains and meats/meat alternates component. Beans, peas, and lentils are identified in this section and include foods such as black beans, garbanzo beans, lentils, kidney beans, mature lima beans, navy beans, pinto beans, and split peas. Cooked dry beans, peas, and lentils may be counted as either a vegetable or as a meat/meat alternate but not as both in the same dish.

(F)Other meat alternates. Other meat alternates, such as cheese and eggs, may be used to meet all or part of the combined grains and meats/meat alternates component.

(v)Fluid milk component. Fluid milk must be offered daily in accordance with paragraph (d) of this section.

(3)Grain substitutions.

(i) Schools in American Samoa, Guam, Hawaii, Puerto Rico, and the U.S. Virgin Islands may serve any vegetable, including vegetables such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams, to meet the combined grains and meats/meat alternates component.

(ii) School food authorities and schools that are tribally operated, operated by the Bureau of Indian Education, and that serve primarily American Indian or Alaska Native children, may serve any vegetable, including vegetables such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams, to meet the combined grains and meats/meat alternates component.

(4)Traditional Indigenous foods. Traditional Indigenous foods may credit toward the required meal components. Information on food crediting may be found in FNS guidance. Schools are encouraged to serve traditional Indigenous foods as part of their breakfast service. Per the Agriculture Improvement Act of 2014, as amended (25 U.S.C. 1685(b)(5) ) traditional foods means food that has traditionally been prepared and consumed by an American Indian tribe, including wild game meat; fish; seafood; marine mammals; plants; and berries.

(d)Fluid milk requirements. Schools must offer students a variety (at least two different options) of fluid milk at breakfast daily. All fluid milk must be fat-free (skim) or low-fat (1 percent fat or less). Milk with higher fat content is not creditable. Low-fat or fat-free lactose-free and reduced-lactose fluid milk may also be offered. Milk may be flavored or unflavored, provided that unflavored milk is offered at each meal service. By July 1, 2025, flavored milk must contain no more than 10 grams of added sugars per 8 fluid ounces, or for flavored milk sold as competitive food for middle and high schools, 15 grams of added sugars per 12 fluid ounces. Schools must also comply with other applicable fluid milk requirements in § 210.10(d) of this chapter.

(e)Offer versus serve for grades K through 12. School breakfast must offer daily at least the three meal components required in the meal pattern in paragraph (c) of this section. To exercise the offer versus serve option at breakfast, a school food authority or school must offer a minimum of four food items daily as part of the required components. Under offer versus serve, students are allowed to decline one of the four food items, provided that students select at least 1/2 cup of the fruit component for a reimbursable meal. If only three food items are offered at breakfast, school food authorities or schools may not exercise the offer versus serve option.

(f)Dietary specifications-

(1)Calories. School breakfasts offered to each age/grade group must meet, on average over the school week, the minimum and maximum calorie levels specified in the following table:

Table 2 to Paragraph ( f )(1)-School Breakfast Program Calorie Ranges

	Grades K-5	Grades 6-8	Grades 9-12
Average Daily Minimum-Maximum Calories (kcal) 1	350-500	400-550	450-600
1 The average daily amount must fall within the minimum and maximum levels. Discretionary sources of calories may be added to the meal pattern if within the dietary specifications.

(2)Saturated fat. School breakfast offered to all age/grade groups must, on average over the school week, provide less than 10 percent of total calories from saturated fat.

(3)Added sugars. By July 1, 2027, school breakfasts offered to all age/grade groups must, on average over the school week, provide less than 10 percent of total calories from added sugars.

(4)Sodium. School breakfasts offered to each age/grade group must meet, on average over the school week, the levels of sodium specified in the following table within the established deadlines:

Table 3 to Paragraph ( f )(4)-School Breakfast Program Sodium Limits

Age/grade group	Sodium limit: in place through June 30, 2027 (mg)	Sodium limit: must be implemented by July 1, 2027 (mg)
Grades K-5	[LESS THAN EQUAL TO]540	[LESS THAN EQUAL TO]485
Grades 6-8	[LESS THAN EQUAL TO]600	[LESS THAN EQUAL TO]535
Grades 9-12	[LESS THAN EQUAL TO]640	[LESS THAN EQUAL TO]570

(g)Compliance assistance. The State agency and school food authority must provide technical assistance and training to assist schools in planning breakfasts that meet the meal pattern in paragraph (c) of this section, the dietary specifications established in paragraph (f) of this section, and the meal pattern in paragraphs (o) and (p) of this section, as applicable. Compliance assistance may be offered during training, onsite visits, and/or administrative reviews.

(h)State agency responsibilities for monitoring dietary specifications. When required by the Administrative Review process set forth in § 210.18 of this chapter, the State agency must conduct a weighted nutrient analysis to evaluate the average levels of calories, saturated fat, added sugars, and sodium of the breakfasts offered to students in grades K-12 during one week within the review period. The nutrient analysis must be conducted in accordance with the procedures established in § 210.10(i)(3) of this chapter. If the results of the nutrient analysis indicate that the school breakfasts do not meet the specifications for calories, saturated fat, added sugars, or sodium specified in paragraph (f) of this section, the State agency or school food authority must provide technical assistance and require the reviewed school to take corrective action to meet the requirements.

(i)Nutrient analyses of school meals. Any nutrient analysis of school breakfasts conducted under the administrative review process set forth in § 210.18 of this chapter must be performed in accordance with the procedures established in § 210.10(i) of this chapter. The purpose of the nutrient analysis is to determine the average levels of calories, saturated fat, added sugars, and sodium in the breakfasts offered to each age grade group over a school week.

(j)Responsibility for monitoring meal requirements. Compliance with the applicable breakfast requirements in paragraph (b) of this section, including the dietary specifications, and paragraphs (o) and (p) of this section will be monitored by the State agency through administrative reviews authorized in § 210.18 of this chapter.

(k)Menu choices at breakfast. The requirements in § 210.10(k) of this chapter also apply to this Program.

(l)Requirements for breakfast period -

(1)Timing. Schools must offer breakfasts meeting the requirements of this section at or near the beginning of the school day.

(2) [Reserved]

(m)Modifications and variations in reimbursable meals. The requirements in § 210.10(m) of this chapter also apply to this Program.

(n)Nutrition disclosure. The requirements in § 210.10(n) of this chapter also apply to this Program.

(o)Breakfast requirements for preschoolers-

(1)Breakfasts served to preschoolers. Schools serving breakfast to preschoolers under the School Breakfast Program must serve the meal components and quantities required in the breakfast meal pattern established for the Child and Adult Care Food Program under § 226.20(a), (c)(1), and (d) of this chapter. In addition, schools serving breakfasts to this age group must comply with the requirements set forth in paragraphs (a), (c)(3), (g), and (k) through (m) of this section, as applicable.

(2)Preschooler breakfast meal pattern table. The minimum amounts of meal components to be served at breakfast are as follows:

Table 4 to Paragraph ( o )(2)-Preschool Breakfast Meal Pattern

[Select the appropriate components for a reimbursable meal]

Meal components and food items 1	Minimum quantities
	Ages 1-2	Ages 3-5
Fluid Milk 2	4 fluid ounces	6 fluid ounces.
Vegetables, Fruits, or portions of both 3	1/4 cup	1/2 cup.
Grains (oz. eq.) 4	1/2 ounce equivalent	1/2 ounce equivalent.
1 Must serve all three components for a reimbursable meal.
2 Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fat-free (skim) milk for children two through five years old.
3 Pasteurized full-strength juice may only be offered to meet the vegetable or fruit requirement at one meal, including snack, per day.
4 At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do not count toward meeting the grains requirement. Meats/meat alternates may be offered in place of the entire grains requirement, up to 3 times per week at breakfast. One ounce equivalent of a meat/meat alternate credits equal to one ounce equivalent of grains. Through September 30, 2025, breakfast cereals must contain no more than 6 grams of total sugars per dry ounce. By October 1, 2025, breakfast cereals must contain no more than 6 grams of added sugars per dry ounce. Information on crediting grain items and meats/meat alternates may be found in FNS guidance.

(p)Breakfast requirements for infants-

(1)Breakfasts served to infants. Schools serving breakfasts to infants ages birth through 11 months under the School Breakfast Program must serve the meal components and quantities required in the breakfast meal pattern established for the Child and Adult Care Food Program, under § 226.20(a), (b), and (d) of this chapter. In addition, schools serving breakfasts to infants must comply with the requirements set forth in paragraphs (a), (c)(3), (g), and (k) through (m) of this section as applicable.

(2)Infant breakfast meal pattern table. The minimum amounts of meal components to be served at breakfast are as follows:

Table 5 to Paragraph ( p )(2)-Infant Breakfast Meal Pattern

Birth through 5 months	6 through 11 months
4-6 fluid ounces breast milk 1 or formula 2	6-8 fluid ounces breast milk 1 or formula; 2 and
	0- 1/2 ounce equivalent infant cereal; 2 3 or
	0-4 tablespoons meat, fish, poultry, whole egg, cooked dry beans, peas, or lentils; or
	0-2 ounces of cheese; or
	0-4 ounces (volume) of cottage cheese; or
	0-4 ounces or 1/2 cup of yogurt; 4 or a combination of the above; 5 and
	0-2 tablespoons vegetable or fruit, or a combination of both. 5 6
1 Breast milk or formula, or portions of both, must be served; however, it is recommended that breast milk be served from birth through 11 months. For some breastfed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered, with additional breast milk offered at a later time if the infant will consume more.
2 Infant formula and dry infant cereal must be iron-fortified.
3 Information on crediting grain items may be found in FNS guidance.
4 Through September 30, 2025, yogurt must contain no more than 23 grams of total sugars per 6 ounces. By October 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce).
5 A serving of this component is required when the infant is developmentally ready to accept it.
6 Fruit and vegetable juices must not be served.

(q)Severability. If any provision of this section is held to be invalid or unenforceable by its terms, or as applied to any person or circumstances, it shall be severable from this section and not affect the remainder thereof. In the event of such holding of invalidity or unenforceability of a provision, the meal pattern requirements covered by that provision reverts to the version immediately preceding the invalidated provision.

7 C.F.R. §220.8

77 FR 4154, Jan. 26, 2012, as amended at 78 FR 39093, June 28, 2013; 81 FR 24375, Apr. 25, 2016; 81 FR 50193, July 29, 2016; 81 FR 75675, Nov. 1, 2016; 82 FR 56714, Nov. 30, 2017; 83 FR 63790, Dec. 12, 2018; 84 FR 50292, Sept. 25, 2019; 85 FR 7854, Feb. 12, 2020; 85 FR 74849, Nov. 24, 2020; 86 FR 57546, Oct. 18, 2021; 87 FR 7006, Feb. 7, 2022; 87 FR 47332, Aug. 3, 2022; 87 FR 52329, Aug. 25, 2022

81 FR 24375, 4/25/2016; 81 FR 50193, 7/29/2016; 81 FR 50193, 9/27/2016; 81 FR 75675, 11/1/2016; 82 FR 56714, 7/1/2018; 83 FR 63790, 2/11/2019; 84 FR 50292, 10/1/2019; 85 FR 7854, 2/12/2020; 85 FR 74849, 11/24/2020; 86 FR 57546, 10/18/2021; 87 FR 7005, 7/1/2022; 87 FR 47332, 8/3/2022; 87 FR 52329, 8/25/2022; 89 FR 32080, 7/1/2024