Meal Pattern Waiver to Keep Existing Flexibilities

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The U.S. District Court found a procedural error with the 2018 Final Rule for the Flexibilities for Milk, Whole Grains, and Sodium Requirements (83 FR 63775, December 12, 2018). This means that the following flexibilities are no longer allowed for school year 2020-2021 unless districts opt into the Meal Pattern Flexibility waiver:

• 50% whole grain-rich
• Low fat flavored milk
• Sodium Target 1

To keep these flexibilities, districts can opt into the Meal Pattern Flexibility waiver (COVID-19: Child Nutrition Response #36, Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs – EXTENSION #4, FNS).

If you choose not to opt into the waiver, then you must return to the previous meal pattern requirements:

• 100% whole grain rich
• Flavored milk must only be non-fat
• Target 2 sodium requirements must be met

School District Name *

Name and Title of Person Submitting Waiver *

Email of Person Submitting Waiver *

Check the box to opt into the meal pattern flexibilities for the 2020-2021 school year. The OPI School Nutrition Programs will not send a waiver approval email following completion of this survey. *

I am requesting to waive the requirement that 100% of grains must be whole grain-rich, flavored milk may only be non-fat (skim), and meals must meet Sodium Target #2.

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