The Healthy, Hunger-Free Kids Act of 2010 (the Act), Public Law 111-296, Section 221, amends section 17(g) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1766(g)] by requiring that fluid milk served in the CACFP, NSLP and SBP be consistent with the most recent version of the Dietary Guidelines for Americans; likewise, in cases of special dietary needs, by allowing the substitution of non-dairy beverages that are nutritionally equivalent to fluid milk. Please see the following memos:
Non-dairy beverages must be nutritionally equivalent to milk and meet the nutritional standards for fortification of calcium, protein, vitamin A, vitamin D, and other nutrients to levels found in cow’s milk, as outlined in the National School Lunch Program (NSLP) regulations at 7CFR 210.10(m)(3)
Determining Whether A Non-dairy Beverage Meets USDA Nutrient Requirements contains a table and nutrition label exercise which may be used to help Sponsors identify non-dairy beverages that meet the above standards. The exercise includes a worksheet for use in comparing a non-dairy product to the required standard.
Sponsors must complete a copy of the worksheet and retain an original (or copy) of the product label for each product that will be served as part of a meal to be claimed for reimbursement. The worksheet and product label should be filed with the Sponsor’s menu documentation and be available for review.
If a sponsor does identify a non-dairy beverage that is nutritionally equivalent to milk, and that beverage is not on the current list of non-dairy beverages determined to meet the standard for fluid milk by ODE CNP, please contact your assigned Specialist and submit a copy of your documentation. This will assist ODE CNP in maintaining the most complete list possible for non-dairy beverage products available in Oregon.
Medical Statements for Food Substitution:
Parents/Guardians or Participants who are requesting non-dairy substitution due to a disability must submit the Medical Statement for Participants with Disabilities form to their Sponsor. The form must be signed by a licensed physician.
Participant Written Requests:
In the case of participants who cannot consume fluid milk due to medical or other special dietary needs, but do not have a disability, non-dairy beverages may be served in lieu of fluid milk.
Parents/Guardians or Participants may request in writing non-dairy milk substitutions that are nutritionally equivalent to milk without providing a medical statement by submitting the Milk Substitute Request form to their Sponsor. The written request must identify the medical or other special dietary need (except a disability—see above) that restricts the diet of the participant. Click below for the form:
Special Dietary Needs Form
Example: If a participant follows a vegan diet, the participant can submit a written request to the sponsor asking that soy milk be served in lieu of cow’s milk. The written request must identify the Vegan Diet is the special dietary need that restricts the diet of the participant.
The non-dairy milk substitution must be nutritionally equivalent to milk and meet the nutritional standards for fortification of calcium, protein, vitamin A, vitamin D, and other nutrients to levels found in cow’s milk, as outlined in the National School Lunch Program (NSLP) regulations at 7CFR 210.10(m)(3). Such substitutions are at the option and the expense of the facility.
Note: Sponsors are responsible for selecting and purchasing food products to be offered as part of a reimbursable meal. USDA does not evaluate, approve or endorse any nondairy beverage intended to be offered as a milk substitute. ODE CNP provides the information below based on documentation submitted by Sponsors and/or manufacturers and is not an endorsement of any product.
Sponsors are required to obtain and maintain on file the required menu documentation for all food items served as part of a reimbursable meal.
Non-Dairy Beverage Substitutes Determined to Meet the Standard for Fluid Milk by ODE CNP*
- 8th Continent Soy Milk (plain and vanilla)
- Kikkoman Pearl Smart Organic Soy Milk, 8.25 ounce individual pack only (Smart Creamy Vanilla and Smart Chocolate)
- Kirkland Organic Soymilk (plain)
- Pacific Soy Ultra (plain and vanilla) pacific Soy Ultra (plain and vanilla) pacific Soy Ultra (plain and vanilla) pacific Soy Ultra (plain and vanilla)
- Silk Original Soymilk
- Sunrich Naturals Organic Soymilk (plain and vanilla)
- Walmart Great Value Soymilk (original)
*Note: Sponsors must be certain the product name contained on the packaging reads exactly as it appears above. Manufacturers often have several different products with very similar packaging and product names. This list is not all-inclusive of all beverages that may be available in the retail or commercial grocery marketplace.