CACFP CACFP Meal Patterns Fluid Milk Exemption

CACFP Fluid Milk Exemption Report Process

This web page provides guidance for Child and Adult Care Food Program (CACFP) Operators to report to the California Department of Social Services (CDSS) when using the CACFP fluid milk exemption to serve CACFP meals without the fluid milk component or with an alternate form of fluid milk during temporary or continuing emergency conditions. 

What is a fluid milk exemption?

A temporary or continuing fluid milk exemption granted by the CDSS CACFP Branch allows CACFP Operators to provide CACFP meals without the fluid milk component or with an alternate form of fluid milk during temporary or continuing emergency conditions and still claim the meals for reimbursement.  The regulations at Title 7, Title 7, Code of Federal Regulations (7 CFR), Section 226.20(e)(1) and (2) (7 Title 7, Code of Federal Regulations (7 CFR), Section 226.20(e)(1) and (2)) and USDA  Policy Memo SP01-2024, CACFP01-2024, SFSP01-2024 Clarification of Allowable Flexibilities for Child Nutrition Programs Experiencing Milk Supply Shortages provide State agencies with the authority to authorize meals to be served without the fluid milk component or with an alternate form of fluid milk during temporary or continuing emergency conditions. 

CACFP Operators may report using the temporary fluid milk exemption by emailing the CDSS CACFP Nutrition Team at CACFPMealPatterns@dss.ca.gov to: 

  1. Describe the emergency situation when CACFP meals were served without fluid milk or with an alternate form of fluid milk, and 
     
  2. List the exact date(s) of the emergency 
The CDSS CACFP Nutrition Team will respond by email within two business days to either approve or deny the report when using the temporary fluid milk exemption.  CACFP Operators should save the approval email for administrative review purpose. 
 

What constitutes an emergency?

The following may qualify as emergency conditions when CACFP meals were served without a creditable fluid milk or with an alternate form of fluid milk: 

  • Supply chain issues; for example, vendor closures, delivery delays and substitutions, and vendor shortages
     
  • Temporary storage limitations; for example, a broken refrigerator unit

What is considered a fluid milk?

Fluid milk include: 

  • Whole milk 
  • Reduced fat (2%) milk 
  • Low-fat (1%) milk 
  • Fat-free (skim) milk 
  • Lactose-reduced milk 
  • Lactose-free milk 
  • Acidified milk 
  • Cultured milk 
  • Cultured buttermilk 
  • Goat’s milk 

Canned evaporated milk and reconstituted dry milk may also be creditable under certain conditions of limited fluid milk availability with State agency approval.  

For more information on the allowable types of fluid milk in the CACFP for different age groups, visit the USDA Nutrition Standards for CACFP Meals and Snacks web page and the USDA Crediting Handbook for the CACFP. 
 

How do CACFP Operators report the use of a fluid milk exemption?

CACFP Operators may report using the temporary or continuing fluid milk exemption due to an emergency when meals were served without the fluid milk component or with an alternate form of fluid milk by emailing the CDSS CACFP Nutrition Team at CACFPMealPatterns@dss.ca.gov to:

  1. Describe the emergency situation when CACFP meals were served without fluid milk or with an alternate form of fluid milk, and
     
  2. List the exact date(s) of the emergency
The CDSS CACFP Nutrition Team will respond with an email within two business days to either approve or deny the report when using the fluid milk exemption.  CACFP Operators should save the approval email for administrative review purpose and claim meals for reimbursement.  
 

What are the documentation requirements for fluid milk exemptions?

CACFP Operators who used the temporary or continuing fluid milk exemption and claimed meals without the fluid milk component or with an alternate form of fluid milk must retain the following documentation.  Examples of documentation include: 

  • The email sent by the CDSS CACFP Nutrition Team that approves the report when using the temporary fluid milk exemption 
     
  • Dated vendor delivery receipts indicating that the fluid milk was not delivered or an alternate form of fluid milk was delivered 
     
  • Refrigerator service request documents as proof of a malfunctioning refrigerator causing the inability to provide fluid milk

CACFP Operators must retain this documentation for three program years plus the current program year for administrative review purpose.
 

May CACFP Operators report using the temporary fluid milk exemption for creditable fluid milk substitutes?

Yes.  CACFP Operators who are experiencing an emergency such as supply chain issues and temporary storage limitations as stated above that prevents them from obtaining creditable fluid milk substitutes (such as a creditable soy beverage) or an alternate form of fluid milk substitute may report to the CDSS by emailing the CDSS CACFP Nutrition Team at CACFPMealPatterns@dss.ca.gov to:

  1. Describe the emergency situation when a creditable fluid milk substitute was not served or an alternate form of fluid milk substitute was served with CACFP meals, and 
     
  2. List the exact date(s) of the emergency 
The CDSS CACFP Nutrition Team will respond with an email within two business days to either approve or deny the report when using the fluid milk exemption.  CACFP Operators should save the approval email for administrative review purpose and claim meals for reimbursement.
 

Per 7 CFR, Section 226.20(g)(3), creditable fluid milk substitutes are nondairy beverages that meet the federal minimum nutrient standards in the table below.
 

Nutrient  Per cup (8 fluid oz) 
Calcium  276 mg
Protein  8 g
Vitamin A  500 IU
Vitamin D  100 IU
Magnesium  24 mg
Phosphorus 222 mg
Potassium  349 mg
Riboflavin 0.44 mg
Vitamin B-12  1.1 mcg


May CACFP Operators report using the temporary or continuing fluid milk exemption for fluid milk substitutions listed on a medical statement for participants with disabilities? 

No. CACFP Operators must accommodate all meal modifications related to a disability.  For example, if a participant has a medical statement that recommends almond beverage be served due to the participant’s allergy to dairy and soy, the CACFP Operator must accommodate the disability/allergy.  If an almond beverage is not available due to emergency conditions, the CACFP Operator should work with the child’s parents or guardian, participating adult, or a person acting on behalf of the adult participant to develop a solution as quickly as possible; for example, providing an oat, rice, or pea beverage.

For more information on accommodating meals for participants with and without disabilities, access the CDSS Menu Modifications in the CACFP web page.

Contact Us

For questions about the temporary or continuing fluid milk exemptions, contact the CDSS CACFP Nutrition Team at CACFPMealPatterns@dss.ca.gov. 

 

This institution is an equal opportunity provider. 
Esta institución es un proveedor que ofrece igualdad de oportunidades.

Contact Us

For questions about temporary fluid milk exemptions, contact the CDSS CACFP Nutrition Team at CACFPMealPatterns@dss.ca.gov.