All Foods Sold in Schools, aka “Smart Snacks” Implementation

Guidance for July 1, 2014 Implementation of: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids

Act of 2010

Created by: Colorado Department of Education Office of School Nutrition April 2014

The School Nutrition Environment

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Improving the nutritional profile of all foods sold in school is critical to:

Improving diet and overall health of American children;

Ensuring children from all income levels adopt healthful eating habits that will enable them to live productive lives; and

Helping children make healthier choices and reduce their risk of obesity.

Healthy, Hunger-Free Kids Act

Gave USDA authority to establish nutrition standards for all foods and beverages sold outside of the Federal child nutrition programs in schools

The law specifies that the nutrition standards shall apply to all foods sold

Outside the school meals programs; On the school campus; and At any time during the school day.

http://www.fns.usda.gov/cnd/Governance/Legislation/CNR_2010.htm

The Smart Snacks Rule Timeline

• 250,000 comments received

• February 2013

Proposed Rule

• Published June 2013• Formal 120 day

comment period – October2013

Interim Final Rule • Implementation date:

July 1, 2014• USDA requests

feedback on interim final rule before publishing a final rule

Implementation

ColoradoSmart Snack Rules

CO Competitive Foodservice

Policy

CO Healthy Beverages

PolicyEffective July 1, 2009

Federal Policy

Effective July 1, 2014

Regulations Guiding CO Implementation

http://www.cde.state.co.us/nutrition/nutricompetitivefoods.htm

Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010, Aka, “Smart Snacks”

FEDERAL POLICY

http://www.fns.usda.gov/school-meals/smart-snacks-school

The nutrition standards apply to all foods sold to students:

Outside the school meals programs; On the school campus; and At any time during the school day

Standards for All Foods Sold

Applies to foods sold: • A la carte items• In school stores • At snack bars • In vending machines• For fundraising (i.e. bake sales)

Does not apply to foods: • Brought from home• Fundraisers that occur outside of school• Birthday/Classroom celebrations• Sold in areas in which students have

restricted access• Sold as part of the reimbursable

breakfast or lunch meals

To be allowable for sale, a food item first must meet one of the following general standards:

Be a whole grain-rich grain product

The first ingredient is either a fruit, vegetable, dairy, or protein food

Be a combination food that contains at least ¼ cup fruit or vegetable

Contains 10% DV for calcium, potassium, vitamin D, or dietary fiber

General Food Standards

Nutrient Standards

• Snack Items: ≤ 200 calories• Entrée Items: ≤ 350 caloriesTotal Calories

• Total fat (≤ 35% of calories from total fat) • Saturated fat (<10% of calories from saturated fat)• Trans fat (0 grams of trans fat)

Fats

• Snack items: ≤ 230 mg• Entrée items: ≤ 480 mgSodium

• ≤35 % weight from total sugars in foodsSugar

Then, ensure the food(s) as packaged and sold meet the nutritional criteria for all of these nutrients:

www.healthiergeneration.orgSmart Snacks Calculator

https://schools.healthiergeneration.org/focus_areas/snacks_and_beverages/smart_snacks/product_calculator/

The LEA and Food Fundraisers at school

http://www.fns.usda.gov/sites/default/files/allfoods_fundraisers.pdf

Food-based fundraisers intended to be sold to students and consumed on campus must meet the Smart Snacks food and nutrient standards

The Department of Education is currently assessing whether it will allow any exemptions for infrequent food-based fundraising at schools

LEAs should include in their wellness policies standards for fundraisers and foods available for purchase

Fundraising activities that take place outside of school are exempt from meeting the nutrition standards.

Beverage Standards

Bottled Water

Fat free or low fat milk

100% Juice No/Lo- Cal Bevs

Other

Elementary ≤8oz<150 cal/8oz

≤8oz≤120 cal/8oz

X X

Middle ≤10oz<150 cal/8oz

≤10oz≤120 cal/8oz

X X

High School ≤12oz<150 cal/8oz

≤12oz≤120cal/8oz

<5 cal/8oz* ≤40 cal/8oz*

Diet soda not allowed

Ensure all beverages sold to students meet the Colorado Healthy Beverages Policy

Most of Colorado’s state-based requirements are stricter than the minimum requirements set forth in the federal Smart Snack regulation

Beverage Standards apply to the extended school day as defined in state statute Standards do not apply to beverages sold during school-related events where parents are a

significant part of the audience

http://www.cde.state.co.us/nutrition/nutrLegislation.htm* Smart Snacks requirement

Colorado Competitive Food Service Policy 1 CCR 301-3

1. 203.01 – In those schools participating in the School Breakfast and/or National School Lunch program(s), competitive food service is any food or beverage service available to students that is separate and apart from the district’s nonprofit federally reimbursed foodservice program, and is operated by school approved organizations, school staff or by school-approved outside vendors

2. 203.02 – Such competitive food service shall not operate in competition with the district’s foodservice program, and shall be closed for a period beginning one half hour to and remain closed until one half hour after the last regular scheduled school lunch and/or school breakfast period on the campus where the school lunch and/or school breakfast is served.

Ensure all food sales are in compliance with theColorado Competitive Food Service Policy

Colorado’s state-based competitive food service requirements are stricter than the minimum requirements set forth in the federal Smart Snack regulation.

http://www.cde.state.co.us/sites/default/files/Colorado%20Competitive%20Foodservice%20Policy.pdf

Ensuring Compliance with Competitive Food Services Rules

Q.) Does the school allow food and beverages sales to students, other than the Federal Breakfast and Lunch Programs, that occur on the school campus, during the school day, where revenue does not accrue to the non-profit food service account? Examples: vending machines, school stores, snack bars, food-based fundraisers (bake sales, pizza sales), etc.?

If Yes: 1. Sales must not occur from a period beginning ½ prior to and remain closed for ½ hour after the scheduled reimbursable meal service time; and

2. Every food and beverage sold must meet federal “Smart Snack” food and nutrient standards. Every beverage sold must also be in compliance with the Colorado Healthy Beverages Policy

If no, then competitive food service is not occurring.

Local Educational Agency Must:

• Establish policies and procedures necessary to ensure compliance

• Maintain records and document compliance for all competitive food available for sale to students in areas under its jurisdiction and outside of SFA control

• Ensure organizations responsible for food service maintain records and ensure compliance

School Food Authority Must:

• Maintain records documenting compliance with these foods sold under the umbrella of the nonprofit school food service

Responsibilities

Healthy, Hunger-Free Kids Act http://www.fns.usda.gov/cnd/Governance/Legislation/CNR_2010.htm

Regulations Guiding Colorado’s Implementation http://www.cde.state.co.us/nutrition/nutricompetitivefoods.htm

Federal Smart Snacks Policy http://www.fns.usda.gov/school-meals/smart-snacks-school

Alliance for a Healthier Generation Smart Snacks Calculator https://schools.healthiergeneration.org/focus_areas/snacks_and_beverages/smar

t_snacks/product_calculator/ Federal Food-Fundraiser Fact Sheet

http://www.fns.usda.gov/sites/default/files/allfoods_fundraisers.pdf Questions and Answers Related to the Smart Snacks Interim Final Rule

http://www.fns.usda.gov/sites/default/files/SP23-2014os.pdf

References and Resources

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Contact the CDE OSN with any questions or concerns: 303-866-6661 or email nutrition@cde.state.co.us

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