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Academy at Rensselaer Education Ctr: Delayed 2 HrsAcademy of the Holy Names: Delayed 2 HrsAchievements & Kids Express Mplwood: Delayed 2 Hrs, no before careAchievements St Kateri Tekakwitha: Delayed 2 HrsAchievements and Kids Express TBGC: Delayed 2 HrsAdirondack Enrichment: Delayed Until 12:30pAesthetic Science Institute: Delayed 2 Hrs, Classes begin at 11 amAlbany Leadership Charter High: Delayed 2 HrsAmbleside School: ClosedAmsterdam City SD: Delayed 2 Hrs, No AM Pre-K, No AM BOCES, No BreakfastAmsterdam Head Start: Delayed 2 Hrs, Staff ReportAn Nur Islamic School: Delayed 2 HrsAndes CSD: Delayed 2 HrsArgyle CSD: Delayed 2 HrsArkville Head Start: ClosedAugustine Classical Academy: ClosedAustin's School of Spa Technology: Delayed 2 Hrs, Staff ReportAverill Park CSD: Delayed 2 Hrs, No AM BOCESAverill Park Pre School: Delayed 3 Hrs, No AM Pre-School, No AM PgmBallston Spa CSD: Delayed 2 HrsBattenkill Community Services: Closed, Hockey game still on, will call with timesBennington County Meals: Open, Home delivery delayed Cafe openBerkshire Country Day School: Delayed 2 HrsBerlin CSD: Delayed 2 HrsBerne-Knox-Westerlo CSD: Closed, Offices are closed.Best Fitness (Schenectady): Delayed, No Morning Classes, Club Open No morning classes classes resume 430pBethlehem CSD: Delayed 2 Hrs, No AM BOCESBethlehem Children's School: Delayed 2 HrsBishop Maginn HS: Delayed 2 HrsBluebirds' Nest Preschool: ClosedBroadalbin-Perth CSD: Delayed 2 Hrs, No AM Pre-K, No AM BOCES, No Breakfast, No PTECH, AgTECH, TEC-SMARTBrown School: Delayed 2 Hrs, No Morning PLUS ProgramBrunswick (Brittonkill) CSD: Delayed 2 HrsBrunswick Children's Academy: Delayed 2 HrsBurnt Hills-Ballston Lake CSD: Delayed 2 Hrs, No AM BOCES, 2-hour delay (final)Butterfly Dreams Daycare: Delayed 2 Hrs, Opening at 9:30 amCOARC Adult Transportation: Delayed 2 HrsCairo-Durham CSD: ClosedCalvary Preschool: ClosedCanajoharie CSD: Closed, No PM ActivitiesCapital Reg Career & Tech (Albany): Delayed 2 Hrs, No AM BOCESCatholic Central HS: Delayed 2 HrsCatholic Schools Office: Delayed 2 Hrs, Principals Meeting at 10:30Catskill CSD: Delayed 2 Hrs, No AM Pre-KCatskill Mt. Christian Academy: ClosedCenter For Early Learning: ClosedChatham CSD: Delayed 2 HrsChatham Kids Club: Delayed 2 Hrs, Open at 8:30Childhood Friends Inc.: Delayed, We will open at 9:00am for All children today!Christ Our Light Catholic Church: Delayed 2 Hrs, Office opening & Adoration delayed 2 hrs. Morning services cancelledChrist the King Early Childhood Ctr: Delayed 2 Hrs, All programs open @ 9:30 AMChristian Brothers Academy: ClosedCircle Of Friends (Delmar): Delayed 2 Hrs, Wrap around delayed 2 hoursCircle of Friends (Ravena): Delayed 2 Hrs, 2.5 hour class is closed 5 hour classes delayedClifton Park Nursery School: Delayed 1 HrCobleskill Campus Child Care Center: Delayed 2 Hrs, Open at 9AMCobleskill-Richmondville CSD: Closed, Offices Open at 9 a.m.Cohoes City SD: Delayed 2 HrsColonie Youth Centers: Open, No BSPColumbia Christian Academy: Delayed 2 HrsCommunity Library Cobleskill, NY: ClosedCooperstown CSD: Closed, No AM BOCES, School is now CLOSED.Corinth CSD: Delayed 2 Hrs, No BreakfastCoxsackie-Athens CSD: Delayed 2 Hrs, No AM BOCES, No BreakfastCrossFit Schenectady: Delayed, No Morning ClassesCrossroads Center for Children: Delayed 2 Hrs, Day Care open @ 9:00Crown Point CSD: Delayed 2 HrsDay Nursery (S Glens Falls): Delayed Until 12:35pDelaware Academy CSD at Delhi: Delayed 2 HrsDoane Stuart School: Delayed 2 HrsDolgeville CSD: Closed, No AM BOCES, No BreakfastDoors of Hope: Delayed 1 HrDuanesburg CSD: ClosedEarly Childhood Learning Ctr: ClosedEarly Childhood Education Center: Delayed 2 HrsEarly Childhood Education Ctr-Troy: Delayed 2 HrsEast Greenbush CSD: Delayed 2 HrsEco Baby Daycare & Preschool: Delayed 2 HrsEdinburg Common SD: Delayed 2 HrsExecutive Woods Childcare: Delayed 2 HrsFaith Bible Academy: Delayed 2 HrsFirst Friends Nursery School: Delayed, No AM Program, Enrichment program begins at 1130amFonda-Fultonville CSD: ClosedFort Plain CSD: Closed, Elem recognition breakfast moved to ThursdayFranklin County Technical SD: Delayed 2 HrsFulmont St Johnsville Head Start: Delayed 2 Hrs, Staff ReportFulton County Office for Aging: Open, No Transportation, No Social Adult Day Care No Home Delivered Meals Meal Sites ClosedFulton-Montgomery CC: Delayed 2 Hrs, Campus will open at 10 am.Gabriel Abbott Memorial School: Delayed 2 Hrs, No morning daycareGalway CSD: Delayed 2 HrsGeorge Washington School: Delayed 2 HrsGermantown CSD: Delayed 2 HrsGilboa-Conesville CSD: ClosedGlens Falls City SD: Delayed 2 Hrs, No AM Pre-K, No AM BOCESGlens Falls Common SD: Delayed 2 Hrs, No BreakfastGlens Falls Head Start Center: Delayed 2 HrsGloversville City SD: Delayed 2 HrsGood Ground Christian School: ClosedGrapeville Christian School: ClosedGreen Island UFSD: Delayed 2 Hrs, No BreakfastGreen Tech High Charter School: Delayed 2 HrsGreenberg Child Care Center: Delayed Until 9:30aGreenbush Child Caring: Open, No AM ProgramGreene County Nutrition Program: Closed, Athens, Catskill, Coxsackie Congregates & Homebound ClosedGreene County YMCA: Open, No Morning ClassesGreenfield Public Schools: Delayed 2 Hrs, No AM Pre-KGreenville CSD: ClosedGreenwich CSD: Delayed 2 Hrs, No AM BOCESGuilderland CSD: Delayed 2 Hrs, No AM BOCESHFM BOCES Adult Literacy: Delayed, ALZ opens @ 10am GLZ opens @ 10amHFM Career & Tech Center: Delayed 2 HrsHadley-Luzerne CSD: Delayed 2 Hrs, No AM Pre-K, No AM BOCES, No BreakfastHansel & Gretel Nursery School: ClosedHappy Kids Day Care Center: Delayed 2 HrsHawthorne Valley School: Delayed 2 HrsHebrew Academy - Capital District: Delayed 2 HrsHelderberg Christian School: ClosedHelping Hands Pre-School: Delayed, No Morning ClassesHoly Spirit School (East G'Bush): Delayed 2 HrsHometown Health Center: Delayed 2 HrsHoosick Falls CSD: Delayed 2 HrsHope 7 Community Center: Open, 9am-6pm, Reg. After School Food Pantry Open9:30a-11:45Hudson City SD: Delayed 2 Hrs, No AM Pre-K, No AM BOCES, No Breakfast, No tutoring centerHunter-Tannersville CSD: ClosedIchabod Crane (Kinderhook) CSD: Delayed 2 HrsImmaculate Conception (Glenville): Open, 9:00 am mass cancelledIndian Lake CSD: Delayed 2 Hrs, No AM Pre-K, No BreakfastInlet Common SD: Delayed 2 HrsJefferson CSD: ClosedJohnstown City SD: Delayed 2 Hrs, No AM Pre-K, No AM BOCESJubilee Child Day Care Center: Delayed 2 HrsKid Kampus: Delayed 2 Hrs, Opening at 8:30AMKidsFirst Childcare Center: Delayed 2 HrsKim's Kids Daycare: Delayed 2 Hrs, No BreakfastKingsbury Seventh-day Adventist Sch: Delayed 2 HrsKingston City SD: Delayed 2 Hrs, No AM BOCES, Kingston SD is on a 2 hr delay no AM BOCESLa Salle Institute (Troy): Delayed 2 HrsLakeside Nursery School: Delayed, No AM Pre-SchoolLansingburgh CSD: Delayed 2 Hrs, No Breakfast, Lansingburgh CSD is operating on a 2 hour delayLatham Christian Academy: Delayed 2 Hrs, No AM KLearning To Know Educational Center: Delayed 1-1/2 HrsLexington Center Fulton Co ARC: Open, No TransportationLiberty Ent/ Montgomery Co. ARC: Delayed 2 HrsLife Kids Before/ After School: Open, No AM ProgramLifeSong Inc (Saratoga): Delayed 1 HrLifeSong Inc (Schenectady): Delayed 1 HrLifeSong Inc. (Albany): Delayed 1 HrLifeSong Inc. (Rensselaer): Delayed 1 HrLil' Lambs Christian Daycare Inc.: Delayed 2 HrsLit'l Steps Pre-School: Closed, No AM Pre-KLittle Feet Daycare Center: Delayed 2 HrsLittle Tot Nursery School: Closed, No AM Pre-KLiving Res DCOP (Albany): Delayed 1 HrLiving Res DCOP (Rensselaer): Delayed 1 HrLiving Res DCOP (Saratoga): Delayed 1 HrLiving Res DCOP (Schenectady): Delayed 1 HrLong Lake CSD: Delayed 2 Hrs, No AM Pre-K, No AM BOCES, No BreakfastLoudonville Christian School: Delayed 2 HrsMalta Montessori School: Delayed 2 Hrs, No Toddler Class, No Toddler ClassMargaretville CSD: ClosedMayfield CSD: Delayed 2 Hrs, No AM Pre-K, No AM BOCES, No BreakfastMechanicville City SD: Delayed 2 Hrs, No BreakfastMekeel Christian Academy: Delayed 2 Hrs, No AM Pre-SchoolMenands UFSD: Delayed 2 Hrs, No BreakfastMiddleburgh CSD: ClosedMillbrook CSD: Delayed 2 HrsMohawk Trail Regional SD: Delayed 2 HrsMohonasen CSD: Delayed 2 Hrs, No AM BOCESMontessori School (Schenectady): Delayed, No AM Program, opens at noon, School will open at noon for PM programming.Montgomery County Office for Aging: Delayed 2 Hrs, Advisory Council cancelledMorning Star Learning Center: Delayed 2 Hrs, stay tuned, be safeMother Teresa Academy: Delayed 2 Hrs, No AM Pgm, No am nursery program, School opens at 9:45amMountain Road School: Delayed 2 Hrs, No Before School Care.Mt Moriah Academy: Delayed 2 HrsMyers Education Center: Delayed 2 Hrs, 12 month offices 2 hour delayN. Greenbush Little Red School: Delayed 2 HrsNew Lebanon CSD: Delayed 2 HrsNew Paltz CSD: Delayed 2 HrsNewmeadow at Malta: Delayed 2 HrsNewmeadow at Queensbury: Delayed 2 HrsNiskayuna CSD: Delayed 2 HrsNorth Colonie CSD: Delayed 2 HrsNorthville CSD: Delayed 2 Hrs, No AM Pre-K, No AM BOCES, No BreakfastNotre Dame-Bishop Gibbons: Delayed 2 HrsO.K. Kids, Inc.: Delayed 2 HrsOak Hill School: Delayed 2 HrsOhav Shalom Nursery School: Delayed, No AM Program, No am care for Ohav Shalom school starts at 930 staff report 900 amOnteora CSD: Closed, No AM BOCESOppenheim-Ephratah-St Johnsville SD: ClosedOur Lady Queen of Peace (Rotterdam): Open, Faith Formation classes cancelled dut to closing of Schalmont SchoolsOur Lady of Victory Early Childhood: Delayed 2 Hrs, No AM Pre-KOur Savior's Lutheran School: Delayed 2 Hrs, No AM K, No AM Pre-SchoolOur World Montessori: Delayed 2 Hrs, Open at 10:45 a.m.Owen D. Young CSD: Closed, No AM BOCESPark Avenue Nursery School: ClosedParsons Early Head Start Day Care: Delayed 2 Hrs, Staff report at 9:00 AMParsons Early Learning Center: Delayed 2 Hrs, Staff report at 9:00 AMPerth Bible Christian Academy: Delayed 2 HrsPine Plains CSD: Delayed 2 Hrs, No AM BOCESPineview Comm Church Pre-School: Delayed 1 Hr, open at 8:30Prospect Center: Delayed 2 HrsPumpkin Patch (Albany): Delayed 2 HrsQueensbury UFSD: Delayed 2 Hrs, No AM BOCESQuestar III BOCES - Sarah's Sisters: Delayed 2 HrsQuestar III Catskill Academy: Delayed 2 HrsQuestar III Columbia-Green Ed Ctr: Delayed, No AM BOCES, 2 HR DelayQuestar III Rensselaer Academy: Delayed 2 HrsQuestar III Rensselaer Edu Ctr: Delayed 2 Hrs, Q3 New Vision is closedQuestar III Sackett Educational Ctr: Delayed 2 HrsRavena-Coeymans-Selkirk CSD: Delayed 2 Hrs, No AM Pre-K, No AM BOCESRed Hook CSD: Delayed 2 HrsRensselaer City SD: Delayed 2 HrsRhinebeck CSD: Delayed 2 HrsRiverRun Community Montessori: ClosedRoots and Wings Montessori: Delayed 2 Hrs, No before care. Open 9:30Rosa Venerini Early Childhood Cente: Delayed 2 Hrs, No AM Pgm, No am classes or beforecare School opens at 11amRoxbury CSD: Delayed 2 Hrs, No AM Pre-K, RCS is now delayed 2 hrs - roads are in worse shape then expected. Stay off the side roads until treated , drive carefully today January 18Sacred Heart School (Troy): Delayed 2 Hrs, TSL will open at 9:00amSalem CSD: Delayed 2 Hrs, No AM Pre-K, No AM BOCES, No BreakfastSaratoga Academy Arts & Science: Delayed 2 HrsSaratoga Bridges: Delayed 1 HrSaratoga Central Catholic HS: Delayed 2 HrsSaratoga County Senior Meals: ClosedSaratoga Independent School: Delayed 2 Hrs, No AM Pre-K, No Before CareSaratoga Springs City SD: Delayed 2 HrsSaugerties CSD: Delayed 2 HrsSchalmont CSD: Closed, Level 1 ClosureSchenectady City SD: Delayed 2 Hrs, No AM Pre-KSchenectady Jewish CC Day Care: Delayed, Opening at 8:30 amSchenevus CSD: ClosedSchodack CSD: Delayed 2 HrsSchoharie CSD: ClosedSchoharie Career and Technical Scho: ClosedSchoharie County ARC: Open, Buses on Snow Routes, Staff report regular time Public bus aides report regular timeSchoharie County Com. Action Prg.: ClosedSchoharie Cty Child Dvp Cobleskill: Closed, No AM Pre-K, No AM Head Start, HS & EHS closedSchoharie Cty HeadStart (Schoharie): Closed, HS & EHS closedSchool's Out, Inc.: Open, No AM ProgramSchuylerville CSD: Delayed 2 Hrs, No AM BOCES, No BreakfastScotia-Glenville CSD: Delayed 2 HrsSharon Springs CSD: ClosedShenendehowa CSD: Delayed 2 Hrs, No AM K, No AM BOCESShooting Stars Nursery & After Sch.: Delayed 2 Hrs, No AM Pre-School, Will open at 9amSkidmore Early Childhood Center: Delayed, No AM Pre-SchoolSouth Colonie CSD: Delayed 2 Hrs, No AM Pre-K, No AM BOCESSouth Glens Falls CSD: Delayed 2 Hrs, No AM Pre-K, No AM BOCESSouthern Adirondack Edu Ctr: Delayed 2 Hrs, 12 month offices 2 hour delaySouthern Berkshire Regional SD: ClosedSpa Christian School: Delayed 2 Hrs, No AM K, No AM Pre-KSpotted Zebra Learning Center: Delayed 2 Hrs, SZ opens at 9:30 Program begins at 10:30 K Program begins at 11:00St Ambrose School: Delayed 2 Hrs, No AM PgmSt Anne Institute: Delayed 1-1/2 Hrs, Staff Report, No Trans, No school for day service StudentsSt Clement's Regional Catholic Sch: Delayed 2 Hrs, No AM Pre-K, No AM Pre-SchoolSt Edward's Church: Delayed 2 Hrs, No Mass and morning activitiesSt George's School: Delayed 2 Hrs, No AM Pre-School, AEP will begin at 11 amSt Gregory School: ClosedSt Jude the Apostle School: Delayed 2 HrsSt Kateri Tekakwitha School: Delayed 2 Hrs, No AM Pgm, No BreakfastSt Madeleine Sophie Pre-School: Delayed 2 HrsSt Madeleine Sophie School: Delayed 2 HrsSt Mary's Academy (Hoosick Falls): Delayed 2 HrsSt Mary's Church (Crescent): Delayed, No morning MassSt Mary's Institute ES (Amsterdam): Delayed 2 HrsSt Mary's School (Ballston Spa): Delayed 2 Hrs, No AM Pre-School, Before Care open at 8:00 amSt Mary's School (Waterford): Delayed 2 Hrs, No AM Pre-KSt Mary's-St Alphonsus Rgnl Cath: Delayed 2 Hrs, No Pre-K No AM Camp KerrySt Mary's/St Alphonsus Noah's Ark: Delayed 2 Hrs, Open at 9:45St Paul's Childhood Center: Open, No AM Pre-K, Part-day room closed only. 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After school enrichments are on until further notice.St Thomas the Apostle School: Delayed 2 Hrs, No AM Pre-KStepping Stone Pre & DCC (Albany): Delayed 2 HrsStillwater CSD: Delayed 2 HrsStory Place Preschool: Delayed, Open at 10, before care closedStorybook Academy: ClosedSullivan BOCES: Closed, Offices will open at 10 amSunshine Kids Corner: Delayed 2 Hrs, Opening at 9AMSusan Odell Taylor School: Delayed 2 Hrs, No coffee hourTLC Christian Day Care: Delayed 2 Hrs, No BreakfastTaconic Hills CSD: Delayed 2 HrsTech Valley High School: Closed, Staff report at 10 AM.Temple Israel Nursery and Day Care: Open, No early drop off School starts at 9:00The Albany Academies (AA & AAG): ClosedThe Beagle School: Delayed, No AM Pre-K, No AM Pre-School, All AM programs closedThe Downtown School: Delayed 2 HrsThe Hyde Collection: Delayed 2 HrsThe Kid's Place Preschool: Delayed 1 HrThe King's School: ClosedTiny Tots Early Learning Center: Closed, No AM Pre-School, No AM Preschool PM TBDTri-Village Nursery School: ClosedTroy City SD: Delayed 2 HrsTroy Prep: Delayed 2 HrsTwin Valley Elementary School: Delayed 2 HrsTwin Valley Middle High School: Delayed 2 HrsUMC Daycare Norton Hill: Delayed 1 Hr, No AM Pre-KUnlimited Potential, Inc: Delayed 1 HrUpstate Transit: Delayed 2 HrsVictory Christian Academy: ClosedVoorheesville CSD: Delayed 2 Hrs, No AM BOCES, No BreakfastWSWHE BOCES - Gick Road: Delayed 2 Hrs, 12 moth offices 2 hour delayWWAARC—Albany & Queensbury: Delayed 1 Hr, Staff Report Regular TimeWaldorf School (Saratoga Springs): Delayed 2 Hrs, No 2 day PreKWarren Street Academy - The Bridge: Delayed 2 Hrs, No BreakfastWashington County Nutrition Program: Closed, No Senior Meal Sites ; No Home Delivered MealsWaterford-Halfmoon UFSD: Delayed 2 Hrs, No BreakfastWatervliet City SD: Delayed 2 HrsWebutuck (Northeast) CSD: Delayed 2 HrsWesley Evergreen Adult Day Program: Delayed 2 HrsWest Canada Valley CSD: ClosedWheelerville UFSD: ClosedWhispering Pines (Cobleskill): ClosedWhispering Pines - Schoharie UPK: ClosedWhispering Pines Pre Sc (Amsterdam): Delayed 2 Hrs, No AM Pre-KWhispering Pines Pre-sch (Delanson): ClosedWhispering Pines Presch - Boulevard: Delayed 2 Hrs, No AM Pre-KWhispering Pines Preschool at Meco: Delayed 2 Hrs, No AM Pre-KWilton Baptist Academy: Delayed 2 Hrs, No AM KWindham-Ashland-Jewett CSD: ClosedWonderland Nursery School: ClosedWoodland Hill Montessori School: Delayed 2 Hrs, Delayed 2 hours . No early care. No toddler AM session, delayed 2 hours. No early care. No toddler AM sessionWorcester CSD: ClosedWynantskill UFSD: Delayed 2 HrsYMCA (Bethlehem): Open, No Morning ClassesYMCA (East Greenbush): Open, No Morning Classes, Child Watch opens at 9am, Before School Care 6:45amYMCA (Greater Glenville): Open, No AM classes before noon.. No babysitting before noon.YMCA (Guilderland): Open, No AM Pre-School, No Morning Classes, No AM branch childcareYMCA (Schenectady): Open, No Morning Classes, Child Watch Closed for AMYMCA (Troy): Open, No Morning Classes, Child Watch opens at 9amYMCA Southern Saratoga: Open, No Morning ClassesYWCA of Schenectady Children's Ctrs: Delayed, YWCA child care @SCCC delay Until 8am. WA site delayed Until 9amYWCA of the Greater Capital Region: Delayed 2 Hrs

Gerber suing state after being shut out of WIC

Gerber suing state after being shut out of WIC

Baby food giant Gerber Products Co. is suing the state Department of Health to be reinstated as an a

Baby food giant Gerber Products Co. is suing the state Department of Health to be reinstated as an approved supplier to a nutrition-assistance program aimed at low-income women and children.

The lawsuit, filed last week in state Supreme Court in Albany County, accuses the department and Health Commissioner Nirav Shah of acting arbitrarily and “without lawful authority” in bouncing the company from the program.

The action means New York will have just one manufacturer supplying baby food to the program, Beech-Nut Nutrition Corp., which received more than $100 million in state and local incentives for a new, state-of-the-art factory near Amsterdam.

Gerber, headquartered in northern New Jersey, says it has participated in the federal-state nutrition program since 2009.

“At no time from 2009 through 2013 did DOH ever express any concerns with Gerber baby food products with regard to quality, price or any other matter,” the company says in its lawsuit.

The Special Supplemental Nutrition Program for Women, Infants and Children, known as WIC, provides vouchers to pregnant and nursing women to purchase food at retail prices from an approved list of products.

The program is administered on the federal level by the U.S. Department of Agriculture, which sets quality and nutritional standards for WIC-authorized products and provides grants for the food to all 50 states.

In New York, the Department of Health oversees WIC, identifying brands of foods and package sizes that meet the federal standards.

The approved products go on a list known as the Acceptable Foods Card. Foods are divided into categories such as milk, eggs and cheese, and under eggs, for instance, the card notes that large and medium white or brown eggs may be purchased but “high-cost specialty eggs,” including organic or free-range, may not.

Food manufacturers that want to be on the card submit their product information to the Department of Health, according to the Gerber complaint. “Nothing in the federal or state regulations provides that there must be only one brand of a particular type of product” on the card, the company says.

Like Gerber, Beech-Nut has participated in the program since 2009, according to the lawsuit, giving WIC participants a choice between the two companies’ baby foods in the categories of vegetables/fruits and meat.

Gerber, founded in Michigan in 1928 and now part of Nestle SA of Switzerland, ranks No. 1 in U.S. baby food sales; Beech-Nut, part of Hero AG Group, also of Switzerland, is No. 2.

Mintel, a consumer research firm, pegged sales in the U.S. baby food and drink industry at $5.4 billion in 2012.

Gerber says that just before Thanksgiving last year, a letter arrived from the Department of Health advising that “it was denying authorization for the inclusion of Gerber products on the proposed 2014 Acceptable Foods Card.” According to Gerber, the letter talked broadly of program selection criteria, but “did not state that there were any concerns or issues with respect to nutrition standards or quality for Gerber products.” The company said it filed the lawsuit because the department’s decision “is final and binding.” Gerber contends WIC participants will be harmed if the decision is not overturned in court because they’ll lose their right to choose between Gerber and Beech-Nut products. And they prefer Gerber, the lawsuit says, citing a brand study conducted by an outside firm.

The company says it, too, will be harmed because WIC sales were expected to generate $4.98 million this year. Gerber said sales under the program totaled $5.17 million in 2013 and $5.37 million in 2012.

“With the removal of Gerber baby food from the Acceptable Foods Card, Beech-Nut is the sole remaining manufacturer of baby food on the Acceptable Foods Card, and WIC participants are left with only one option for baby food,” Gerber says in the lawsuit.

Beech-Nut, originally a producer of vacuum-packed ham, operated in the village of Canajoharie for more than a century before relocating some 20 miles east to the town of Florida Business Park off Route 5S.

State and local incentives, grants and tax breaks totaling $104.5 million kept the manufacturer in Montgomery County. Its new 600,000-square-foot, $124 million plant opened in 2010.

Production ended in early 2011 at the Canajoharie factory, which was badly damaged by flooding in 2006. That plant started producing baby food in 1931.

Last year, Beech-Nut had to pay a $1 million penalty for not meeting the new plant’s 2012 job quotas under a property-tax break. The company cited a drop in demand for baby food, due to a stagnant U.S. birth rate, for the slack hiring.

The Gerber lawsuit makes no mention of the Beech-Nut incentives.

Asked if Gerber thought it was bounced from WIC because of the Beech-Nut incentives, Gerber’s attorney, David Wukitsch of the Albany law firm McNamee, Lochner, Titus & Williams P.C., declined comment. “Gerber does not comment on pending litigation,” he said.

The Department of Health also had no comment in response to two emails that asked the same question.

“The Department of Health does not comment on pending litigation,” a spokeswoman wrote back.

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