This final rule removes from the Code of Federal Regulations the final rule published on Dec. 12, 2018, titled, “Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements.” This action responds to a decision of the U.S. District Court for the District of Maryland that vacated the rule.
FNS published the subject interim regulation, and established the effective date as Dec. 15, 1999, because the customary effective date for regulations is 30 days after publication and given the health and reimbursement implications, we wished to implement the regulation as soon as possible.
This rule amends the regulations for the National School Lunch Program, School Breakfast Program and Child and Adult Care Food Program to eliminate the option of serving whole cow’s milk as part of reimbursable meals for infants under one year of age.