An increase in the number of violations regarding the milk requirement in the Child Nutrition Programs has been observed.  Currently, Program regulations require schools to offer fluid, pasteurized milk, which meets the NYS standard of identity for milk.  This includes skim, one percent, two percent, whole, flavored and unflavored, and lactose-reduced milk.  Alternative ‘milk’ products such as soy or rice milk, and items such as water, juice or any other beverages do not meet this requirement, and cannot be offered in competition with the milk component of the reimbursable meal.

Milk is a required component in the Breakfast and Lunch Programs.  Juice, water or other beverages may be included with every meal to every student, along with the required milk component, or may be sold a la carte.  These alternative beverages may not be a substitute for milk, or be in competition with the milk component.  If other beverages are offered with the lunch meal, students must be allowed to take both the other beverages and the milk at no additional charge, which can be very costly.  Consequently, schools are advised to provide milk as the only beverage with the reimbursable lunch meal.  If juice is offered as a fruit/vegetable component, the students must also be able to take milk.

Staff and students must clearly understand that alternative beverages must not be counted toward the milk component of the reimbursable meal, or offered as a beverage choice in competition with milk.