Sec. 3. Fluid milk
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/bill/114/hr/2407/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 9(a)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(a)(2) ) is amended by striking subparagraphs
(A)and
(B)and inserting the following: Lunches served by schools participating in the school lunch program under this Act— shall offer students a variety of fluid milk. Such milk shall be consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ); may offer students flavored and unflavored fluid milk (including low-fat flavored milk that contains no more than 150 calories per 8-ounce serving) and lactose-free fluid milk; and shall provide a substitute for fluid milk for students whose disability restricts their diet, on receipt of a written statement from a licensed physician that identifies the disability that restricts the student’s diet and that specifies the substitute for fluid milk. A school may substitute for the fluid milk provided under subparagraph
(A)a nondairy beverage that is nutritionally equivalent to low-fat fluid milk and meets nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortification of calcium, protein, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B–12) for students who cannot consume fluid milk because of a medical or other special dietary need other than a disability described in subparagraph (A)(iii). The substitutions may be made if the school notifies the State agency that the school is implementing a variation allowed under this subparagraph, and if the substitution is requested by written statement of a medical authority or by a student’s parent or legal guardian that identifies the medical or other special dietary need that restricts the student’s diet, except that the school shall not be required to provide beverages other than beverages the school has identified as acceptable substitutes. Expenses incurred in providing substitutions under this subparagraph that are in excess of expenses covered by reimbursements under this Act shall be paid by the school food authority. .
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