Interim rule also strives to protect status of ‘100% fluid milk.’
The USDA has published an interim rule in the Federal Register (Volume 70, Number 223) that enables school districts to serve milk despite what their contracts with carbonated beverage suppliers might say.
The rule prohibits direct or indirect restrictions on the sale or marketing of fluid milk on school premises or at school events in schools participating in the National School Lunch Program. It “is intended to ensure that there are no policies or procedures in place that [restrict] the sale or marketing of fluid milk,” according to language USDA entered into the Federal Register last November.
USDA acknowledges that existing contracts could be affected by the rule. “To come into compliance with these requirements, local education agencies may either conduct a new procurement or amend existing contracts to conform with the statute,” USDA says. “Agencies should consult with their legal counsel to determine the appropriate course of action.”
According to the Milk Processors Education Program, the new rule only applies to 100% milk. “This clarification effectively limits new partial milk-based beverages from enjoying the same status as 100% milk,” MilkPEP officials say. “The inclusion of milk-based beverages in a school’s beverage mix cannot exclude or replace 100% fluid milk.”
Commodities Alert
TURKEY TACO FILLING PROGRAM
USDA has announced plans to purchase frozen cooked turkey taco filling for school lunch and other programs. Frozen cooked turkey must be produced from ground turkey (ready-to-cook non-basted, young turkeys or turkey carcasses and parts, and turkey skin) and spices/seasonings.
FRESH POTATOES FOR PROCESSING
USDA is inviting offers for fresh potatoes for processing, for donation to the Child Nutrition Program. The agency seeks 16 million lbs. of bulk potatoes for delivery from February 16-May 31. Varieties are to include Shepody, Ranger, Umatilla and Russett Burbank. (Potato varieties cannot be mixed.)
CHICKEN FAJITA PROGRAM ENDING
USDA has purchased 546,000 lbs. of chicken fajita strips, for delivery January 16-31. Next offers for this program, which USDA says is nearing completion, are for delivery Feb. 1-15.
DONATION PURCHASES
USDA has announced four major purchases for donation to child nutrition and other programs: 15 million lbs. of tart cherry products; 2.8 million lbs. of canned crushed pineapple; 6 million lbs. of dried fig pieces; and 30 million lbs. of dry beans.
FROZEN SWEET POTATOES
USDA has purchased 9,240 cases or 277,000 lbs. of frozen mashed sweet potatoes, for delivery January 16-March 31. Packaging: 6/5-lb. bags.
CITRUS CANCELLATION
USDA has cancelled the purchase of fresh oranges and grapefruit, as no bids were received.
FROZEN BEEF BUY
USDA has purchased 5.9 million lbs. of frozen beef products, for shipment Jan. 1-31. Buys include: 4.5 million lbs. of fine-ground; 418,000 lbs. of VPP patties; 722,000 lbs. of 100% patties; and 266,000 lbs. of lean patties.
FROZEN HAMS
USDA has purchased 600,000 lbs. of frozen 10-lb. and 108,000 lbs. of frozen 3-lb. hams, delivery Jan. 16-31.
DELI-STYLE TURKEY BREAST
USDA has purchased 600,000 lbs. of deli-style turkey breast and 40,000 lbs. of deli-style smoked turkey breast, for delivery January 16-31.
TURKEY AND TURKEY PRODUCTS
USDA has purchased 1.7 million lbs. of turkey and turkey products, for delivery January 16-31. Buys include: 76,000 lbs. of whole turkeys; 792,000 lbs. of bulk pack; 560,000 lbs. of roasts; and 280,000 lbs. of turkey hams.
CHICKEN AND CHICKEN PRODUCTS
USDA has purchased 11.9 million lbs. of chicken and chicken products, for delivery January 16-31. Buys include: 920,000 lbs. of cut-up chicken; 897,000 lbs. of batter/breaded; 792,000 lbs. of chilled bulk pack (small); and 9.3 million lbs. of chilled bulk pack (large).
FROZEN COOKED DICED CHICKEN
USDA has purchased 520,000 lbs. of frozen cooked diced chicken, for delivery January 16-31.
WHOLE EGGS
USDA has purchased 736,000 lbs. of whole eggs—to be produced from about 18,000 cases of shell eggs—for delivery January 16-31. Buys include: 400,000 lbs. of 5-lb. cartons and 336,000 lbs. in bulk tankers.
FROZEN PORK
USDA has purchased 800,000 lbs. of pork leg roasts and 520,260 lbs. of boneless pork picnics, for delivery January 1-15.
MILK PRICES DROP
As of December 9, the price of a hundredweight of class 1 milk was $13.75, some 81 cents lower than the $14.56 November price. This translates to a reduction of 0.435-cent per half pint.
UNIFORM FOOD SAFETY WARNINGS
The House Energy and Commerce Committee has passed the National Uniformity for Food Act (H.R. 4167), which calls for coordinating existing state and federal laws to create a uniform system for all food safety standards and warning labels. In addition, the bill assures that state governments retain their enforcement authority, to enable quick response in the event of a food safety emergency.
FOOD ALLERGENS LAW KICKS IN
The Food Allergen and Consumer Protection Act of 2004 (FALCPA) became effective January 1. All labeling for packaged foods regulated under the Federal Food, Drug and Cosmetic Act (FFD&C Act) must now comply with FALCPA’s food allergen labeling requirements. Under FALCPA, a “major food allergen” is an ingredient in one of the following five foods or comes from one of the following three food groups or is an ingredient that contains protein derived from one of the following: milk; egg; fish; shellfish; tree nuts; wheat; peanut; and soybeans. Guidance is available online at www.cfsan.fda.gov.