All Foods Sold in Schools, aka “Smart Snacks” Implementation 11/22/2018 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 11/22/2018 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. 2

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

Regulations Guiding CO Implementation 11/22/2018 Colorado Smart Snack Rules CO Competitive Foodservice Policy CO Healthy Beverages Policy Effective July 1, 2009 Federal Policy Effective July 1, 2014 There are 3 pieces of legislation that guide how the new Federal policy for Smart Snacks is implemented in Colorado Because there are pieces of established State policy that are stricter than the minimum requirements of the Smart Snacks rule, SFAs must consider those rules as part of 2014 implementation and continue to follow those requirements. In the upcoming slides we’ll take a look at the pieces from all 3 policies, that when combined, generate the guidance for implementation. http://www.cde.state.co.us/nutrition/nutricompetitivefoods.htm

11/22/2018 Federal Policy Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010, Aka, “Smart Snacks” http://www.fns.usda.gov/school-meals/smart-snacks-school

Standards for All Foods Sold 11/22/2018 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 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 Applies to foods sold: A la carte items In school stores At snack bars In vending machines For fundraising (i.e. bake sales) The nutrition standards apply to all foods sold: Outside of the school meals programs (outside the reimbursable meals); foods sold on the school campus; and at any time during the school day. The school day is defined in the regulation from midnight before to 30 minutes after the end of the official school day. The school campus is property under the jurisdiction of the school and that is accessible to students during the school day. If there is a vending machine in the teachers lounge, in which students are restricted access, then those machines are not subject to the regulations. Limitations are placed on all areas within the school to include all areas of the school campus property that is under the jurisdiction of the school and that is accessible to students during the school day.

General Food Standards 11/22/2018 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 First, any food sold to students on the school campus, during the school day outside of the meals programs must meet a General Food Standard. Meaning, the food must qualify as either a whole grain rich product (contains at least 50% whole grain ingredients), the first ingredient is a fruit, vegetable, dairy, or protein food, or it may be a combination food that contains at least ¼ cup fruit or vegetable, or you’ve determined it contains at least 10% the Daily Value for calcium, potassium, vitamin D, or dietary fiber.

Nutrient Standards Total Calories Fats Sodium Sugar 11/22/2018 Then, ensure the food(s) as packaged and sold meet the nutritional criteria for all of these nutrients: Snack Items: ≤ 200 calories Entrée Items: ≤ 350 calories Total 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 mg Sodium ≤35 % weight from total sugars in foods Sugar Once you determine the food meets general requirements, then you’ll compare the nutritional content of the food to the nutrient standards. The Smart Snacks rule requires foods to meet standards for total calories, fats, sodium, and sugar. There are a few exemptions to these nutrient standards listed in the rule.

Smart Snacks Calculator 11/22/2018 Smart Snacks Calculator www.healthiergeneration.org The calculator will assess whether a food meets the requirements based on information you enter into the calculator. Their website also houses product lists of food items that have been determined to meet the smart snacks requirements. For beverages, always remember to assess them based on Colorado’s Healthy Beverages Policy! https://schools.healthiergeneration.org/focus_areas/snacks_and_beverages/smart_snacks/product_calculator/

The LEA and Food Fundraisers at school 11/22/2018 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. USDA considers a fundraiser to be an event that includes any activity during which currency/tokens/tickets etc., are exchanged for the sale/purchase of a product in support of the school or school-related activities. An example may be a vending machine when the profits are used to support a school-sponsored club or activity. The Smart Snacks nutrition standards included in the interim final rule apply only to food sold to students on the school campus during the school day. If such students are provided to the students free of any charge or “contribution”, the good and nutrient standards do not apply. The Smart Snacks rule gives state agencies nationwide the authority to set an exemption for the on the number of food-based fundraisers a school may conduct for the sale of foods that do not meet the Smart Snacks food and nutrient standards. We have conducted research on current wellness polices from districts across our state, as well as conducted multiple surveys intended for SFA feedback on the # of exemptions you all would like to see established. Currently, Colorado has not set a limit nor has been approved for that limit for the number of food-based fundraiser exemptions, so SFAs and LEAs should plan accordingly until further notice. Again, LEAs should include in their wellness policies, standards for fundraisers and foods available for purchase. There are food fundraisers that are exempt from this rule that do not require the state to set an exemption. Fundraising activities that take place outside of school, such as cookie dough or frozen pizza sales, are exempt from the nutrition standards. Distribution of order forms and foods not intended for consumption at school may continue. http://www.fns.usda.gov/sites/default/files/allfoods_fundraisers.pdf

Beverage Standards  Ensure all beverages sold to students meet the 11/22/2018 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 Bottled Water Fat free or low fat milk 100% Juice No/Lo- Cal Bevs Other Elementary  ≤8oz <150 cal/8oz ≤120 cal/8oz X Middle ≤10oz High School ≤12oz ≤120cal/8oz <5 cal/8oz* ≤40 cal/8oz* The Smart Snacks Interim Final rule contains guidance for beverages sold, however, established state policy contains stricter requirements. Schools must continue to follow the requirements described in the Colorado Healthy Beverage Policy, not the beverage requirements in the interim final rule. Those requirements are outlined in this slide. Some important pieces to review here are the calories per ounce requirements for each age/grade group. Diet soda not allowed * Smart Snacks requirement http://www.cde.state.co.us/nutrition/nutrLegislation.htm

Colorado Competitive Food Service Policy 1 CCR 301-3 11/22/2018 Ensure all food sales are in compliance with the Colorado 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. 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 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. Colorado has a competitive foodservice definition that remains in effect with the implementation of the Federal rule. Specifically, the state law defines competitive food service as any food or beverage service available to students that is separate and apart from the district’s nonprofit federally reimbursed foodservice program. Examples of these include school stores, vending, snack bars, etc. that sell foods apart from your food service operation. Competitive food service may not operate in competition with the district’s food service program, and shall be closed for a period beginning ½ hour to and remain closed until ½ hour after the last regular scheduled school lunch and or school breakfast period on the campus where the school lunch and/or breakfast is served. Remember, this state policy helps protect food service operations and is stricter than the requirements set forth in the Interim Final Rule. 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 no, then competitive food service is not occurring. 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

Responsibilities Local Educational Agency Must: 11/22/2018 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 The Local Educational Agency (LEA) is responsible for establishing policies and procedures necessary to ensure compliance. The LEA may decide they would like to impose additional restrictions, which is allowable as long as they are not more lenient than the state and federal polices outlined in this presentation. The LEA must maintain records and document compliance for all competitive foods available for sale to students in areas under its jurisdiction and outside of SFA control. The LEA must also ensure organizational who are responsible for food service maintain records and ensure compliance. These items will be a part of the district’s administrative review conducted by CDE OSN. The SFA is responsible for maintaining records documenting compliance with foods sold under the umbrella of the nonprofit school food service.

References and Resources 11/22/2018 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/smart_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

11/22/2018 Contact the CDE OSN with any questions or concerns: 303-866-6661 or email nutrition@cde.state.co.us The U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish) USDA is an equal opportunity provider and employer. 17