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States Seek to Rollback USDA’s Rules for Whole Grains and Sodium, but Keep Flavored Milk

Apr 04, 2019

The attorneys general of New York, California, Illinois, Minnesota, New Mexico, Vermont and the District of Columbia filed a complaint in federal court on April 3 alleging that the U.S. Department of Agriculture did not follow proper procedures when the department changed federal nutritional standards for sodium and whole grains in the school meals program last year. Specifically, the complaint states that USDA did not provide the opportunity for public comment on the rule changes and that the new rules contravene nutritional requirements for school meals established by Congress.

Significantly for dairy, the complaint does not address the third component of the new USDA rule, which allows low-fat flavored milk to be offered in the school meals program.  In fact, the complaint notes that “[t]he States do not challenge that revision.”

For more information on the state complaint against USDA, contact Dave Carlin, IDFA senior vice president of legislative affairs and economic policy, at

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