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USDA/FNS RIN: 0584-AD58 Publication ID: Fall 2008 
Title: Special Nutrition Programs: Fluid Milk Substitutions  
Abstract: Currently, by regulation, schools must make substitutions for fluid milk for students with a disability when the request is authorized by a licensed physician and may make substitutions for students with medical or other dietary needs if requested by recognized medical authority. These regulatory provisions were included in Public Law 108-265 which amended the Richard B. Russell National School Lunch Act. Public Law 108-265 also amended the current law to allow schools to substitute non-dairy beverages nutritionally equivalent (as established by the Secretary) to fluid milk for medical or other special dietary needs at the request of a parent/guardian. In response to Public Law 108-265, the National School Lunch Program and School Breakfast Program regulations will be revised to add these provisions. (04-016) 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 210    7 CFR 220   
Legal Authority: PL 108-265, sec 102   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/09/2006  71 FR 65753   
NPRM Comment Period End  01/08/2007    
Final Action  09/12/2008  73 FR 52903   
Final Action Effective  10/14/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
James F Herbert
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 305-2572
Email: james.herbert@fns.usda.gov