Substitution of Vegetables for Fruit Flexibility in the School Breakfast Program: Q&As for Program Operators

DATE:	October 7, 2024
MEMO CODE:	SP 02-2025
SUBJECT:	Substitution of Vegetables for Fruit Flexibility in the School Breakfast Program: Questions and Answers for Program Operators
TO:	Regional Directors Child Nutrition Programs All Regions	State Directors Child Nutrition Programs All States

On April 25, 2024, FNS published the final rule, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans (89 FR 31962). The rule finalized practical, science-based, long-term school nutrition requirements based on the goals of the Dietary Guidelines for Americans, 2020-2025, extensive partner input, and lessons learned from prior rulemakings. These updates represent continued progress toward supporting the nutritional quality of school meals, strengthening the child nutrition programs (CNPs), and advancing USDA's commitment to nutrition security.

The 2024 final rule included an optional provision that continues to allow the substitution of vegetables for fruits at breakfast and provides schools with greater menu planning flexibility at breakfast as compared to the previous regulations. Prior to the 2024 final rule, regulations at 7 CFR 220.8(c) and (c)(2)(ii) permitted schools participating in the School Breakfast Program (SBP) to substitute vegetables for fruits at breakfast, provided that the first two cups per week were from specific vegetable subgroups: dark green; red/orange; beans, peas, and lentils; or other.

This memorandum provides updated guidance on the substitution of vegetables for fruits in the SBP. This memorandum supersedes SP06-2020: School Breakfast Program: Continuation of the Substitution of Vegetables for Fruit Flexibility, issued Jan. 22, 2020.

Final Rule Provision

The 2024 final rule provides schools with a straightforward approach to support children's health and help students consume a variety of vegetables:

• Schools choosing to offer vegetables at breakfast in place of fruits one day per week may offer vegetables from any vegetable subgroup.
• Schools choosing to offer vegetables at breakfast in place of fruits on two or more days per week must offer vegetables from at least two different vegetable subgroups over the course of the week.

Consistent with current regulations and the established breakfast meal pattern, schools are not required to offer vegetables at breakfast and may choose to offer only fruits at breakfast.

Starting in school year (SY) 2025-26, while schools are not required to offer vegetables at breakfast, schools that choose to offer vegetables in place of fruits at breakfast must implement the vegetable variety requirement as outlined in the 2024 final rule and explained above. Schools that plan to substitute vegetables for fruits at breakfast two or more days per week must offer at least two vegetable subgroups in SY 2025-26.

Congressional Flexibility for SY 2024-25

On March 9, 2024, congress provided that school food authorities (SFAs) participating in the SBP may credit any vegetable offered in place of fruit without including vegetable subgroup variety, as outlined in Section 739 of Division B of the Appropriations Act¹. This provision is effective for SY 2024-25 and restricts USDA from enforcing the vegetable variety requirements at breakfast. Therefore, for SY 2024-25, schools are not required to implement the vegetable variety requirement at breakfast that is established in the 2024 final rule. However, to expose children to the nutrients that come from a variety of vegetables, FNS continues to encourage program operators to include a variety of vegetables at breakfast.

When the congressional flexibility for SY 2024-25 expires on June 30, 2025, the vegetable subgroup variety requirements in the 2024 rule apply. Attachment A addresses questions that FNS has received about this provision of the rule, offers menu planning scenarios, and clarifies the requirements that must be implemented beginning July 1, 2025.

State agencies are reminded to distribute this information to program operators immediately. Program operators should direct any questions regarding this memorandum to their state agency. State agencies should direct questions to the appropriate FNS regional office.

Andrea Farmer
Director
School Meals Policy Division

Attachment

• Attachment A - Questions and Answers

¹ U.S. Department of Agriculture, Consolidated Appropriations Act, 2024: Effect on Child Nutrition Programs, May 14, 2024.

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