Fluid milk and non-dairy fluid milk substitutes served must meet the requirements as outlined in this section.

1. (a) Types of fluid milk. All fluid milk served in the Program must be pasteurized fluid milk which meets State and local standards for such milk, have vitamins A and D at levels specified by the Food and Drug Administration, and must be consistent with State and local standards for such milk. Lactose-free and reduced-lactose milk that meet the fat content and flavor specifications for each age group may also be offered. Fluid milk must also meet the following requirements:

   1. (1) Children 1 year old. Children one year of age must be served unflavored whole milk.
   2. (2) Children 2 through 5 years old. Children two through five years old may be served whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free (skim) milk. Milk must be unflavored.
   3. (3) Children 6 years old and older. Children 6 years old and older may be served whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free (skim) milk. Milk may be flavored or unflavored.

2. (b) Fluid milk substitutes for non-disability reasons.

   1. (1) A school food authority or child care institution may offer fluid milk substitutes based on a written request from a child's parent or guardian, a State licensed healthcare professional, or registered dietitian. A school food authority or child care institution choosing to offer fluid milk substitutes for a non-disability reason is not required to offer the specific fluid milk substitutes requested but may offer the fluid milk substitutes of its choice, provided the fluid milk substitutes offered meet the requirements of paragraph (b)(2) of this section.

   2. (2) If a school food authority or child care institution chooses to offer one or more fluid milk substitutes for non-disability reasons, the fluid milk substitutes must provide, at a minimum, the nutrients listed in the following table. Fluid milk substitutes must be fortified in accordance with fortification guidelines issued by the Food and Drug Administration.

      Table 1 to Paragraph (b)(2)—Nutrient Requirements for Fluid Milk Substitutes

      Nutrient	Per cup (8 fl. oz.)
      Calcium	276 mg.
      Protein	8 g.
      Vitamin A	150 mcg. retinol activity equivalents (RAE).
      Vitamin D	2.5 mcg.
      Magnesium	24 mg.
      Phosphorus	222 mg.
      Potassium	349 mg.
      Riboflavin	0.44 mg.
      Vitamin B-12	1.1 mcg.

   3. (3) Expenses incurred when providing fluid milk substitutes that exceed program reimbursements must be paid by the school food authority or child care institution; costs may be paid from the nonprofit food service account.

[81 FR 24375, Apr. 25, 2016, as amended at 82 FR 56714, Nov. 30, 2017; 83 FR 63790, Dec. 12, 2018; 85 FR 74849, Nov. 24, 2020; 87 FR 7006, Feb. 7, 2022; 89 FR 32077, Apr. 25, 2024; 91 FR 25078, May 8, 2026]