Final Rule: Expanding Fluid Milk Options in CNPs

Why It Matters

By expanding the fluid milk options for child nutrition programs, operators have more flexibility to provide milk options that meet the needs of those they serve, without requiring a change in milk service if it does not align with the needs of the program. Fluid milk is one of the most wasted food items in many programs and the availability of whole and reduced-fat milk could increase consumption. In addition, this flexibility will reduce the burden on program operators to purchase, store and serve multiple types of milk that vary by age group. This will also decrease the likelihood of meal disallowances for the incorrect type of milk being served.

 

Final Rule

Background

On January 7, 2026, the U.S. Department of Health and Human Services and U.S. Department of Agriculture (USDA) jointly released the Dietary Guidelines for Americans, 2025–20301 (Dietary Guidelines). The Dietary Guidelines state that “dairy is an excellent source of protein, healthy fats, vitamins, and minerals” and recommends including full-fat dairy as a part of a healthy diet. Specifically, the Scientific Foundation for the Dietary Guidelines highlight the importance of full-fat dairy to help children meet energy needs and support brain development during early and middle childhood.

Additionally, the Whole Milk for Healthy Kids Act of 2025 (WMFHKA) (P.L. 11969), enacted on January 14, 2026, amended the National School Lunch Act (NSLA) by  expanding the fluid milk options that may be offered to meet the requirements for fluid milk provided in the National School Lunch Program (NSLP) (42 U.S.C. 1758(a)(2)(A)). The WMFHKA specifically allows schools to offer whole and reduced-fat (2 percent) milk in addition to low-fat (1 percent) and fat-free options at school lunch. It also allows school food authorities (SFA) to exclude the saturated fat from fluid milk when calculating the weekly average saturated fat requirement at lunch. Additional provisions of this law are addressed in FNS guidance and will be codified in future rulemaking.

Through this rulemaking, USDA is updating Program regulations to allow whole and reduced-fat milk to be offered to Child Nutrition Program (CNP) participants ages two and up in the NSLP, School Breakfast Program (SBP), Child and Adult Care Food Program (CACFP), and Special Milk Program (SMP). This rule extends the saturated fat exclusion from weekly dietary specifications in NSLP to the SBP. Additionally, this rule expands the option to offer whole and reduced-fat milk in the NSLP afterschool snack service (NSLP afterschool snacks) and the preschool meal pattern for NSLP and SBP and clarifies that whole and reduced-fat milk may now be sold as a compliant beverage for competitive foods, commonly known as Smart Snacks in School (Smart Snacks).

Milkfat Requirements for Child Nutrition Programs

Current Requirements

Under section 9 of the NSLA, schools are required to offer students a variety of fluid milk at lunches served under the NSLP (42 U.S.C. 1758(a)(2)(A)). Under section 4 of the Child Nutrition Act of 1966, meals served as part of the SBP must meet the “minimum nutritional requirements prescribed by the Secretary”(42 U.S.C. 1773(e)(1)(A)). Additionally, section 9 of the NSLA requires that breakfasts served are “consistent with the goals of the most recent Dietary Guidelines for Americans” (42 U.S.C. 1758(f)(1)). Under section 17 of the NSLA, the CACFP must “provide milk in accordance with the most recent version of the Dietary Guidelines” (42 U.S.C. 1766(g)(4)(A)). There is no statutory language regarding the fat content of milk offered in the SMP.

Current regulations for the NSLP (7 CFR 210.10(d)(1)(i)), SBP (7 CFR 220.8(d)), CACFP (7 CFR 226.20(a)(1)), and SMP (7 CFR 215.7a(a)), state that whole and reduced-fat milk are not creditable for children 2 years and older and adult participants. Fluid milk requirements are as follows:

• Children 1 year old must be served unflavored whole milk.
• Children 2 through 5 years old must be served unflavored low-fat or unflavored fat-free milk.
• Children 6 years old and older and adults must be served unflavored or flavored, low-fat or fat-free milk.

For NSLP (7 CFR 210.10(b)(2)(ii)) and SBP (7 CFR 220.8(b)(2)(ii)), current regulations require that the average saturated fat content of the meals offered to each age/grade group must be less than 10 percent of total calories. This includes saturated fat from fluid milk.

Current regulations for NSLP afterschool snacks (7 CFR 210.10(o)(2)(i), (3)(i), and (4)(i)) and preschool lunch and breakfast meal patterns (7 CFR 210.10(p) and 220.8(o)) require that milk offered at meals/snacks meet the requirements for the CACFP, under 7 CFR 226.20(a)(1). Current regulations for Smart Snacks (7 CFR 210.11(l)(1)(ii), (2)(ii), and (3)(ii)) require that milk offered as a competitive food meet the requirements for the NSLP, outlined in 7 CFR 210.10(d)(1).

Final Rule

CNP operators participating in NSLP (including NSLP afterschool snack, the preschool meal pattern, and Smart Snacks), SBP (including the preschool meal pattern), CACFP, and SMP may offer children 2 years and older and adult participants whole, reduced-fat, low-fat, and fat-free fluid milk to meet fluid milk requirements in these Programs. The updated fluid milk requirements for each age group are summarized below:

• Fluid milk served to children 1 year old must be unflavored whole milk;
• Fluid milk served to children 2 through 5 years old may be unflavored whole, reduced-fat, low-fat, or fat-free milk; and
• Fluid milk served to children 6 years and older and adult participants may be unflavored or flavored, whole, reduced-fat, low-fat, or fat-free milk.

SFAs participating in the NSLP and SBP may exclude the saturated fat from fluid milk when calculating the weekly average saturated fat requirement at lunch and breakfast.

Program operators are not required, but are encouraged, to make changes to menus under this provision. Program operators have discretion to decide which varieties of fluid milk to offer. For example, Program operators may choose to offer unflavored, whole milk as an option to all Program participants to align with recommendations from the Dietary Guidelines to consume full-fat dairy and less added sugars. The revised regulations under this rulemaking give menu planners more flexibility to offer fluid milk options that meet the dietary preferences of Program participants and are compatible with product availability, cost considerations, and other local factors.  Accordingly, this final rule amends 7 CFR 210.10(d)(1)(i), 7 CFR 215.7a(a), 7 CFR 220.8(d), and 7 CFR 226.20(a)(1) of the regulatory text.

 

Issuance of a Final Rule with Comment Period

Child Nutrition Programs are not required to undergo notice-and-comment rulemaking because of the exception in 5 U.S.C. 553(a)(2) for matters relating to benefits.  While USDA may choose to promulgate Child Nutrition Program regulations through the notice-and-comment procedures laid out in 5 U.S.C. 553(b) and (c), it is not mandatory for rules, such as this one, that relate to benefits.  USDA also believes a final rule is optimal in this instance to quickly implement the relatively straightforward provisions of WMFKA and, to ensure consistency across Child Nutrition Programs, extend those policies to SBP, CACFP, and SMP.

Nevertheless, USDA always welcomes input from the public and has provided a comment period with this final rule.  Comments will help USDA weigh stakeholder input when considering any future guidance or rulemaking on the expansion of fluid milk options.

 

Read the full Final Rule: Expanding Fluid Milk Options in Child Nutrition Programs.