Maryland Court Reinstates School Nutrition Standards

April 20, 2020 by Tom Ramstack
Maryland Gov. Larry Hogan at the National Governors Association Winter Meeting in Washington. (Photo by Dan McCue)

WASHINGTON – The Trump administration must reinstate nutrition standards for school meals that the Agriculture Department eliminated in 2018, a federal court in Maryland ruled this week.

The plaintiffs were the Center for Science in the Public Interest as well as Healthy School Food Maryland.

The advocacy groups argued that Agriculture Department guidelines allowing more sodium in schoolchildren’s food and reducing whole-grain requirements endangered their health. They also said the Agriculture Department failed to follow required rulemaking procedures.

The final rule differed from the version the Agriculture Department released for public comment, the lawsuit said. The first version would have granted exemptions for some nutrition standards but it would not have eliminated them.

The plaintiffs accused the Agriculture Department of deceit in the rulemaking that they say violated the Administrative Procedures Act.

U.S. District Judge George Hazel agreed with the health advocacy groups that the Agriculture Department abused its discretion.

“Although an agency is certainly permitted to change a rule in response to comments, USDA’s changes are not ‘in character with the original scheme’ of the [rule put out for public comment] because there is a fundamental difference” in the final rule, the judge’s opinion says.

The final rule that eliminated “the Final Sodium Target is not a logical outgrowth” of the interim rule that would only have delayed compliance requirements, the court’s ruling said.

Sodium often is linked to high blood pressure.

The Trump administration changed the rules in response to complaints from the food industry and school nutrition directors. They said it was too difficult to comply with the earlier nutrition standards.

The dispute started in 2012 when the Agriculture Department required schools to switch to grain-rich food options and reduce sodium levels. Former first lady Michelle Obama helped lead the campaign for healthier school meals.

School meal managers opposed the new standards. They said students were discarding more of the food because it didn’t taste good.

One of the industry groups that complained was the School Nutrition Association, which represents cafeteria operators and food suppliers. The trade group also questioned whether school food budgets were adequate to meet the 2012 standards.

The Agriculture Department responded by delaying compliance dates. The agency allowed schools to temporarily serve meals with some refined grains under the revised compliance schedule.

The 2018 rule change would have gutted the Obama administration standards by giving schools broader discretion to choose foods that taste good even if they lack whole grains and contain higher sodium levels.

The federal court’s ruling said the Agriculture Department originally “spoke exclusively in terms of delaying compliance requirements, not abandoning the compliance requirements altogether.”

Healthy School Food Maryland officials said the dangers of obesity and other health problems are a higher priority than responding to industry complaints. 

“The Trump administration’s attempt to gut the whole-grain and sodium standards would have undone years of hard work and advocacy on the part of organizations like ours,” Healthy School Food Maryland officials said in a statement.

The Center for Science in the Public Interest said in a statement, “There is no scientific basis for the Trump administration to reverse the progress schools have been making in reducing sodium and increasing whole grains in school meals.”

Agriculture Department officials have not said whether they would appeal the ruling. The agency oversees school lunch and breakfast programs nationwide.

Although most schools are closed during the coronavirus pandemic, they continue to distribute meals, such as boxed lunches.

They will not need to comply with the food standards required by the court’s ruling until the schools reopen.

State News

Ohio Secretary of State Reports Surge in Absentee Ballot Requests
State News
Ohio Secretary of State Reports Surge in Absentee Ballot Requests
September 22, 2020
by Dan McCue

COLUMBUS, Ohio - With just 42 days to go before Election Day, Ohio Secretary of State Frank LaRose said Tuesday that 1,784,004 absentee ballot applications have been received by the county boards of election, including a whopping 385,657 in the past week. At the same time... Read More

Trump Flips, Now Encourages Michigan Residents to Vote Absentee
2020 Elections
Trump Flips, Now Encourages Michigan Residents to Vote Absentee

DETROIT — In an about face on mail-in voting in Michigan, President Donald Trump took to Twitter Monday to encourage voters to request absentee ballots and vote early. Trump’s latest messaging on mail-in voting marks a mercurial swing from May, when the president threatened to withhold... Read More

In The Battleground State of Michigan, Long Memories, New Dynamics
2020 Elections
In The Battleground State of Michigan, Long Memories, New Dynamics
September 19, 2020
by Dan McCue

WASHINGTON - The hallmark of a true battleground state is that any one of a variety of factors can come into play and make a sure bet in the weeks leading up to the vote an “also ran” on election night. In that respect Michigan in... Read More

Bloomberg Makes Initial Ad Buy in Florida
2020 Elections
Bloomberg Makes Initial Ad Buy in Florida

WASHINGTON — Michael Bloomberg is starting to put his money where his mouth is. Aides to the Democratic billionaire said Thursday that Bloomberg will spend $5.4 million on a weeklong TV ad campaign in Florida, part of his pledge to help Joe Biden win the all-important... Read More

Biden Says Trump ‘Only Cares About the Stock Market’ in Town Hall Meeting
2020 Elections
Biden Says Trump ‘Only Cares About the Stock Market’ in Town Hall Meeting

PHILADELPHIA — Joe Biden railed against President Donald Trump’s handling of the coronavirus pandemic and framed the 2020 election as a choice between Main Street and Wall Street during an outdoor town hall meeting Thursday just outside his childhood hometown of Scranton. The former vice president,... Read More

Pennsylvania Supreme Court Tosses Green Party Off State Ballot
State News
Pennsylvania Supreme Court Tosses Green Party Off State Ballot
September 17, 2020
by Dan McCue

HARRISBURG, Pa. - Things aren't exactly coming up roses for the Green Party and its presidential nominee, Howie Hawkins. For the second time this week a state supreme court has denied the party's bid for inclusion among the contenders on the November 2020 ballot. On Thursday,... Read More

News From The Well
scroll top