Page:United States Statutes at Large Volume 124.djvu/3251

 124 STAT. 3225 PUBLIC LAW 111–296—DEC. 13, 2010 participating in the program under this section shall consist of a combination of foods that meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research. ‘‘(B) CONFORMITY WITH THE DIETARY GUIDELINES AND AUTHORITATIVE SCIENCE.— ‘‘(i) IN GENERAL.—Not less frequently than once every 10 years, the Secretary shall review and, as appropriate, update requirements for meals served under the program under this section to ensure that the meals— ‘‘(I) are consistent with the goals of the most recent Dietary Guidelines; and ‘‘(II) promote the health of the population served by the program authorized under this sec- tion, as indicated by the most recent relevant nutrition science and appropriate authoritative sci- entific agency and organization recommendations. ‘‘(ii) COST REVIEW.—The review required under clause (i) shall include a review of the cost to child care centers and group or family day care homes resulting from updated requirements for meals and snacks served under the program under this section. ‘‘(iii) REGULATIONS.—Not later than 18 months after the completion of the review of the meal pattern under clause (i), the Secretary shall promulgate pro- posed regulations to update the meal patterns for meals and snacks served under the program under this section. ‘‘(C) EXCEPTIONS.— ‘‘(i) SPECIAL DIETARY NEEDS.—The minimum nutri- tional requirements prescribed under subparagraph (A) shall not prohibit institutions, family or group day care homes, and sponsored centers from substituting foods to accommodate the medical or other special dietary needs of individual participants. ‘‘(ii) EXEMPT INSTITUTIONS.—The Secretary may elect to waive all or part of the requirements of this subsection for emergency shelters participating in the program under this section. ‘‘(3) MEAL SERVICE.—Institutions, family or group day care homes, and sponsored centers shall ensure that reimbursable meal service contributes to the development and socialization of enrolled children by providing that food is not used as a punishment or reward. ‘‘(4) FLUID MILK.— ‘‘(A) IN GENERAL.—If an institution, family or group day care home, or sponsored center provides fluid milk as part of a reimbursable meal or supplement, the institu- tion, family or group day care home, or sponsored center shall provide the milk in accordance with the most recent version of the Dietary Guidelines. ‘‘(B) MILK SUBSTITUTES.—In the case of children who cannot consume fluid milk due to medical or other special dietary needs other than a disability, an institution, family or group day care home, or sponsored center may substitute Waiver authority. Deadline. Deadline. Review. Requirements.