Expanding Fluid Milk Options in Child Nutrition Programs

The Soy Nutrition Institute Global (SNI Global) argues that the final rule is insufficient because it only addresses cow's milk provisions and fails to include the expanded nondairy beverage provisions from the Whole Milk for Healthy Kids Act. They request that the USDA move quickly to issue additional regulations that allow for easier access to soymilk and other nutritionally equivalent nondairy beverages in school meal programs.

USA Pulses supports the USDA's actions to implement the Whole Milk for Healthy Kids Act but argues that the current regulatory text is insufficient. They urge the USDA to codify provisions for nutritionally equivalent nondairy beverages and updated written statement requirements for students with disabilities to ensure consistency with the statute and existing guidance.

The International Dairy Foods Association (IDFA) and the National Milk Producers Federation (NMPF) support the final rule to include whole and reduced-fat milk options in child nutrition programs. They argue that providing a variety of milk types aligns with dietary guidelines, meets consumer preferences, and ensures children receive essential nutrients without increasing health risks.

The Physicians Committee for Responsible Medicine is urging the USDA to swiftly implement the remaining provisions of the Whole Milk for Healthy Kids Act (WMHKA) across all child nutrition programs. They argue that the current piecemeal regulatory approach creates logistical confusion for school food authorities and advocate for the immediate expansion of nondairy beverage options and the removal of doctor's note requirements for disability-based substitutions.

The Plant Based Foods Association (PBFA) supports the expansion of fluid milk options and urges the USDA to quickly implement the remaining provisions of the Whole Milk for Healthy Kids Act. They argue that providing consistent authority to offer nutritionally equivalent nondairy beverages across all child nutrition programs will reduce administrative confusion, improve access for students with dietary restrictions, and support American agricultural producers.

Friends of the Earth is urging the USDA to expand the scope of the Whole Milk for Healthy Kids Act (WMHKA) to include all Child Nutrition Programs, not just the National School Lunch Program. They argue that the current piecemeal implementation creates unnecessary administrative burdens and confusion for schools and families, and they request immediate rulemaking to ensure consistency across all meal programs.

The Chef Ann Foundation supports the USDA's efforts to expand fluid milk options, specifically whole milk, to provide more nutrient-dense protein sources for children. However, the organization also urges the agency to expand access to non-dairy alternatives across all programs and to prohibit flavored milk in elementary schools to reduce added sugar intake.

The Main Street Foundation’s Center for Regulatory Analysis and Engagement (CRAE) supports the final rule because it aligns with congressional intent to provide schools and childcare providers with greater flexibility in fluid milk options. While they support the policy, they also emphasize that the agency should distinguish between implementing direct congressional mandates and exercising independent discretionary policymaking, advocating for robust notice-and-comment procedures in the latter.

The Center for Science in the Public Interest (CSPI) opposes the USDA's decision to remove dairy fat restrictions and exempt fluid milk from weekly saturated fat limits in child nutrition programs. They argue that these changes lack scientific evidence and could lead to excessive saturated fat intake for children, while also requesting clearer provisions for nondairy beverage access and added sugar limits.