Regulation: Fresh Fruit and Vegetable Program (ffvp)

Regulation: Fresh fruit and vegetable program (FFVP)

Agency: Food and Nutrition Service, USDA

Action: Proposed rule

Deadline for public comment: April 24, 2012

Proposal description:

The Food and Nutrition Service is proposing changes to guidelines to National School Lunch Program. FFVP increases availability of fresh produce to elementary schools, where at least 50% of students are eligible to receive free or reduced price meals. This regulation would set basic administrative and operational requirements in conformance with Richard B. Russell National School Lunch Program.

Comment:

I would like to submit my comment on the proposed rule related to changes in National School Lunch Program. I believe that FFVP is beneficial for children's growth, development and building future healthy eating habits, as well as decreases risk of health problems. Most children do not achieve recommended intake of fresh fruit and vegetables. This food group provides a variety of micronutrients and fiber; it is also emphasized by 2010 Dietary Guidelines for Americans to maintain excellent health and fight obesity and eating disorders.

In my opinion, proposed 15 % of founds for non-food supplies and operations may not be enough, maybe something could be done to reduce administrative cost, to ensure the resources get to the right group.

What concerns me at this point, the FFVP will be only available during normal school times, which means the schools, are not allowed to offer the program during summer schools and after school programs. It seems like a minimum requirement is to provide fresh produce minimum twice a week, in my opinion it would not be sufficient. Parents need to be involved in this program as well, so the initiative does not end, when children leave school.

What will you be legally entitled to do later in the promulgation process (if you should choose to do so)?

After promulgation process is completed, US citizens may challenge new rules in court.

If the proposal passes, identify and explain the five legal theories you could use in an attempt to have the regulation declared invalid and overturned in court.

1. The rule is arbitrary, capricious, is in abuse of discretion or violates other laws. (It is required to submit evidence in support of the rule).

2. Regulation has to be supported by substantial evidence(convincing evidence exist in support of the rule)

3. Regulation may be unconstitutional (for example cannot have any discriminatory grounds).

4. Agency that introduces new regulation