1. Interim Final Rule: Nutrition Standards for All Foods Sold in School
Adapted from
USDA Food and Nutrition Service
Child Nutrition Division
2013
This rule is part of a package of policy improvements enacted in the Healthy, Hunger-Free Kids Act of Together, these improvements are designed to promote a healthy school environment. Other policy improvements include the updated school meal nutrition standards, additional funding for schools to support improved meals, and stronger local school wellness policies. Collectively these policies, and others, will help combat child hunger and obesity and improve the health and nutrition of the nation’s children.
Since a significant portion of calories are consumed by children at school, improving the nutritional profile of all foods sold in school beyond Federally-reimbursable meals is critical to improve the diets and overall health of American children, and to ensure that children from all income levels adopt the kind of healthful eating habits and lifestyles that will enable them to live healthier, more productive lives. An increasing body of research tells us that giving school children healthy food options, through strong competitive food standards, will help them make healthier choices during the day and can reduce their risk for obesity.
The standards for food and beverages in this interim final rule represent minimum standards that local educational agencies, school food authorities and schools must meet for foods sold in school.
State agencies and local educational agencies have the discretion to establish their own standards for competitive foods sold to children as long as those standards are consistent with the minimum standards established by federal regulation.

2. Presentation Outline Background Nutrition Standards for Foods
General Standards
Specific Nutrient Standards/Exemptions
Exemptions to the General Standards
Nutrition Standards for Beverages
Fundraisers
Recordkeeping
Resources
Today’s presentation will provide an overview of the provisions of the interim final rule. This will include a brief background on timeline, key definitions, and where the standards apply. We will discuss the nutrition standards for foods, including both the general standards and the specific nutrient standards. We will also describe a number of exemptions to those requirements for specific foods. We will then discuss the interim final rule standards for beverages,, fundraisers, recordkeeping requirements, and couple of resources.
More detailed background may be read in the interim final rule, available on USDA’s Smart Snacks in Schools website. Also available is a Q&A, and other technical assistance materials.

3. Implementation Implementation date: beginning July 1, 2014
Provide feedback to USDA during implementation
The law requires that a full school year must pass between the publication of the implementing regulation and the effective date of the requirements. Therefore, these requirements will not go into effect until July 1, 2014, School Year
The comment period on this interim final rule is open until October 28, In addition USDA is interested in input during actual implementation of the requirements of the interim final regulation in order to develop the final rule.

4. What are competitive foods?
Competitive food: all food and beverages sold to students on the School campus during the School day, other than those meals reimbursable under programs authorized by the NSLA and the CNA.
Competitive food is defined as all food and beverages sold to students on the School campus during the School day, other than those meals reimbursable under programs authorized by the National School Lunch Act and the Child Nutrition Act (which would include the lunch and breakfast programs).
Note: The standards do not apply to any foods brought from home (bagged lunches), or for birthday parties and special events, including after-school bake sales and fundraisers.
Reminder: Your Local School Wellness Policy should contain guidelines for all foods available on school campus – in the LWP is where you can address using food as a reward, classroom parties, etc.

5. Where do the standards apply?
School campus: all areas of the property under the jurisdiction of the school that are accessible to students during the school day.
These standards apply to all areas of the school campus where competitive foods are sold. School campus is defined, for the purpose of competitive food standards implementation, as all areas of the property under the jurisdiction of the school that are accessible to students during the school day.
This would not include areas for the exclusive use of the faculty and staff, such as teacher’s lounges, insofar as those areas are not accessible to students during the school day.

6. School Campus Includes: a la carte in the cafeteria in school stores
snack bars
vending machines
other venues
This would include foods and beverages sold a la carte in the cafeteria, in school stores, at snack bars, from vending machines or any other venues that sell food to students on the school campus during the school day.

7. When do the standards apply?
School day is the period from the midnight before, to 30 minutes after the end of the official school day.
The competitive food standards apply during the school day. With the many activities, programs and schedules established by schools, it is not possible to specify in regulations a precise time for the start of the school day; therefore, this rule retains the definition as proposed that the sale of competitive food to students be prohibited from the midnight before, to 30 minutes after the end of the official school day, or what may be considered the instructional day. For example, if a school dismissed each day at 3:00, then the standards would apply from midnight that day until 3:30 pm, 30 minutes after dismissal.
Specifying the period of midnight before ensures that the competitive food standards would apply to foods sold in the morning, including the School Breakfast Program meal service.
The intent of the definitions of school day and school campus deal exclusively with the application of the food standards and are intended to have no impact whatsoever on any definition of instructional day or school campus that is established by a State or a local educational agency or school for other purposes.
While USDA’s authority does not extend beyond the school day, States or local school districts have the discretion to apply these standards during afterschool, evening and weekend activities on campus, should they wish to do so.

8. Nutrition Standards for Foods
In the next several slides, we will outline the nutrition standards for foods and highlight a few key changes made to those standards from those included in the proposed rule.

9. Standards for Foods Apply to All Grade Levels
Include General Standards  and Specific Nutrient Standards
Provide exemptions to Nutrient Standards for Specific Foods
Allow broader exemptions for fruits and vegetables and some NSLP/SBP foods
The nutrition standards for foods sold in schools are the same for all grades of students.
The rule contains both general standards and specific nutrient standards as well as exemptions from certain nutrient standards for some specific foods that are considered to be foods to encourage.
In addition, the rule provides broad exemptions for fruits and vegetables and a “day of service and following day” exemption for entrée items that are served as part of a reimbursable meal under the National School Lunch Program or School Breakfast Program. We will discuss these exemptions after we go through the basic requirements.

10. General Standard for Food
To be allowable, a food item must meet:
All of the competitive food nutrient standards
AND
One of the following general standards
In general, in order to be sold to students at school, a competitive food item must not only meet all of the competitive food nutrient standards which we will discuss shortly, but a food item must also qualify under one of four other criteria.
Whole grain rich product; OR
Have as the first ingredient a fruit, vegetable, dairy product or protein food (meat, beans, poultry, etc.); OR
Be a “combination food” with at least ¼ cup fruit and/or vegetable; OR
Contain 10% of the Daily Value of one nutrient of public health concern (only through June 30, 2016)
Calcium, potassium, vitamin D, dietary fiber
I will review each of the general standards in detail in the next slides.

11. (1) Be a Whole Grain Rich Product
Grain products must include 50% or more whole grains by weight or have a whole grain as the first ingredient.
Consistent with NSLP meal pattern standards and the HUSSC whole grain requirement.
Practical because it can be easily identified by reading a product label.
Under the interim final rule, allowable grain products must include 50% or more whole grains by weight or have whole grains as the first ingredient.
This standard is consistent with the DGA recommendations, the school meal patterns and the HealthierUS School Challenge whole grain requirement.
In addition, it is practical because this information can be easily identified by reading a product label.

12. (2) DGA Major Food Groups
Have as the first ingredient one of the following:
fruit
vegetable
dairy product
protein food (meat, beans, poultry, etc.)
If the item is not a whole grain rich food, an allowable competitive food may be an item that has, as its first ingredient, one of the non-grain major food groups as defined in the 2010 Dietary Guidelines for Americans. This means that the first ingredient must be a fruit, vegetable, dairy product or protein (meat, beans, poultry, etc.). If water is the first ingredient, the second ingredient must consist of an item that belongs to one of these food groups or a whole grain rich item.

13. (3) Combination Foods
Be a “combination food” with at least ¼ cup fruit and/or vegetable
Combination foods means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein or grains.
Examples of such foods include yogurt and fruit, cheese and crackers, hummus and vegetables, fruit cobbler with whole grain rich crust, etc.
Allowable competitive foods also include combination foods that contain at least ¼ cup of a fruit and/or a vegetable. The interim final rule defines combination foods as those products that contain two or more foods from the five primary food groups from the DGA’s including the fruit, vegetable, dairy, protein or grain groups.
Examples of combination foods that meet this criterion would include yogurt and fruit, cheese and crackers, hummus and vegetables, and fruit cobbler with whole grain rich crusts.

14. (4) Nutrients of Public Health Concern
Phased-In Approach:
Through June 30, 2016, foods that contain 10% of the Daily Value of one nutrient of public health concern (i.e., calcium, potassium, vitamin D, or dietary fiber)
Effective July 1, 2016, this criterion is removed
Allowable competitive foods must be food group based after that date
The fourth general criterion for qualifying as a competitive food is that the food contain 10% of the Daily Value of a nutrient of public health concern.
Therefore, the interim final rule takes a phased in approach, and does not require that the nutrient be naturally occurring in order to qualify. However, this criterion is only in place for the first two years of implementation, until July 1, 2016.
At that time, a competitive food must qualify on the basis of being whole grain rich, having one of the non-grain main food groups as the first ingredient, or a combination food with at least ¼ cup fruit and/or vegetable.
Allowing this criterion for the first 2 years provides time for manufacturers with products that would not qualify under the other criteria to reformulate products if desired. Removing the standard after the first two years brings the criteria closer to the Dietary Guidelines, which encourages food in its least processed form.

15. Specific Nutrient Standards for Food
Now that we have described the general standards foods must meet, we will now review the specific nutrient standards.

16. Nutrient Standards Total Fat Saturated Fat Trans Fat Sodium Calories
Total Sugar
Standards that must be met for a competitive food to be allowable include criteria for the following nutrients:
Total Fat, Saturated Fat, Trans Fat, Sodium, Calories and Total Sugar.

17. Total Fat ≤35% of total calories from fat per item as packaged/served
Exemptions include:
Reduced fat cheese;
Nuts and seeds and nut/seed butters;
Dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat;
Seafood with no added fat; and
Part-skim mozzarella
Under the interim final rule, foods are required to contain no more than 35% of total calories from fat per item as packaged or served.
There are some exemptions to this total fat limit for certain foods including reduced fat cheese; Nuts and seeds and nut/seed butters; products consisting of only dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat; and Seafood with no added fat.
An exemption for part-skim mozzarella cheese was added because part-skim mozzarella contains similar levels of fat when compared to many reduced fat cheeses.
These exemptions would not extend to combination foods that contain these exempt foods packaged together with other foods, such as peanut butter and crackers or trail mix.

18. Saturated Fat Trans Fat <10% of total calories per
item as packaged/served.
Exemptions for: reduced fat
cheese, part-skim mozzarella;
Nuts, seeds and nut/seed butters;
Dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat.
Zero grams of trans fat per portion as packaged/served (< 0.5 g)
Under this interim final rule, an allowable competitive food must contain less than 10% of its total calories from saturated fat per item as packaged or served.
The rule again exempts reduced fat cheese and part skim mozzarella cheese from the saturated fat standard. And because nuts and seeds contain healthier fats, the rule also includes nuts and seeds and nut/seed butters as exempt from the saturated fat standard.
Additionally, all foods must have Zero grams of trans fat per portion as packaged. Trans fat is identified on the product label, which, for an eligible food, will say zero on a per portion basis.
These standards are consistent with both the IOM and DGA recommendations.

19. Sodium
Entrée items that do not meet NSLP/SBP exemptions: ≤480 mg sodium per item
Snack and side items: ≤230 mg (until June 30, 2016)
≤200 mg (after July 1, 2016)
The rule includes two sodium standards, one standard for items considered to be entrees, which will be discussed shortly, and another standard for snack and side items.
The sodium limit for entrées that do not qualify under the NSLP/SBP exemption that I will discuss in a few moments is no more than 480 mg sodium per item as served.
The proposed rule included a sodium standard of 200 mg per item as served. The interim final rule sets an initial limit for sodium at 230 mg for snacks and side dishes as packaged or served for the first two years of implementation of the standards. Sodium intake is an important health issue that must be addressed, however we recognize that making sodium changes is a process that will take time because of the need to reformulate or develop new products as well as time for children to adapt to new flavor profiles in foods.
The initial standard for snack and side items takes into consideration a number of voluntary standards that specify a sodium level of no more than 230 mg of sodium.
Beginning July 1, 2016, the sodium limit for snacks and side dishes is reduced to 200 mg per item.

20. Calories Entrée items that do not meet NSLP/SBP exemption:
Snack items/Side dishes:
≤200 calories per item
Foods must also comply with standards for calories. Entrée items have a calorie limit of no more than 350 calories, including any accompaniments. As we will discuss later, entrée items that are part of the reimbursable meal, but also sold a la carte would not be subject to these limits on the day of or the day after they are served in the meal.
For snack items and side dishes, the standard requires that they contain no more than 200 calories per item.

21. ≤ 35% of weight from total sugars per item
The proposed rule included two options regarding how to establish a Total Sugars standard for competitive foods. After careful consideration of the extensive public comment, this rule implements the proposed option that 35 percent or less of the weight of an allowable competitive food come from total sugars.

22. Sugar Exemptions
Dried/dehydrated fruits or vegetables (no added nutritive sweeteners)
Dried fruits with nutritive sweeteners for processing and/or palatability (e.g., dried cranberries, tart cherries, and blueberries)
Exempt dried fruit with only nuts/seeds (no added nutritive sweeteners or fat)
As we will discuss shortly, fresh, frozen and canned fruits are exempt from all of the nutrition standards. However, dried fruits can also be a nutrient dense snack in appropriate portion sizes. Therefore, this rule expands the dried fruit exemptions from the sugar requirement to certain dried fruits with added nutritive sweeteners where such sweeteners are required for processing and palatability, such as dried cranberries, tart cherries and blueberries. USDA will issue guidance on this exemption to the total sugar standard.

23. Yogurt: Sugar Exemption
The proposed sugar exemption for yogurt has been removed
Not necessary with the sugar by weight standard
Most yogurts available meet the requirement that total sugar represent ≤35 percent of the weight of the product.
In addition, since this rule adopts a sugar standard based upon weight, the proposed exemption for yogurt has been removed. Such an exemption is not necessary since most yogurts available in the marketplace already meet the requirement that total sugar represent ≤35 percent of the weight of the product.

24. Accompaniments Examples include:
Must be included in nutrient profile as a part of item served
Examples include:
Salad dressings
Butter or jelly on toast
Cream cheese on bagels
Garnishes, etc.
No pre-portioning required – may determine average portion
Items commonly served with foods, such as butter, salad dressing, cream cheese, etc. can add a significant amount of calories, fat, sugar, and sodium to a diet.
The interim final rule continues to require that accompaniments be included in the nutrient profile as a part of the item served and meet all of the nutrient standards.
However, in response to comments received on pre-portioning, this rule does not require pre-portioning of accompaniments. Rather, schools may establish that the food served meets the competitive food standards by determining the average portion of the accompaniments used and adding the nutrients to the profile of the food item the accompaniment is served with. This is similar to the approach schools have used for nutrient analysis of meals. USDA will provide guidance and technical assistance as needed during implementation.

25. Exemptions from General Nutrition Standards for Food
Now that we have completed describing the specific nutrient standards and the few exemptions established for certain foods from those standards, let’s discuss foods that are exempt from all of the general competitive food standards.

26. Fruit and Vegetable Exemption
The following are exempt from meeting all nutrient standards:
Fresh, frozen and canned fruit packed in water, 100 percent juice, light syrup or extra light syrup
Fresh, frozen and canned vegetables with no added ingredients except water
Canned vegetables with small amount of sugar for processing purposes
Fruits and vegetables are nutrient dense, and most children do not consume the recommended amount of fruits or vegetables. To be consistent with both the Dietary Guidelines and the Institute Of Medicine’s recommendations, the interim final rule includes an exemption to the standards for certain fruits and vegetables.
These are:
Fresh, frozen and canned fruit packed in water, 100 percent juice, light syrup or extra light syrup;
Fresh, frozen and canned vegetables with no added ingredients except water; or
Canned vegetables that contain a small amount of sugar for processing purposes in order to maintain the quality and structure of the vegetable.
In response to comments, the interim final rule adds fruits packed in light syrup as well as canned vegetables to which small amounts of sugar have been added during processing in order to retain the structural integrity of the product. These changes are consistent with what is allowed in the NSLP and SBP regarding fruit packed in light syrup and with the WIC Program’s policy to allow sugar in certain canned vegetable products like canned peas.
In addition, we wish to clarify that frozen fruit with added sugar is also exempt if such products can be considered to be packed in extra light or light syrup.

27. NSLP/SBP Entrée Exemption
Exemptions for entrée items only
Side dishes sold as competitive food must meet all standards
Entrée exemption for the day of service and the school day after
As mentioned previously, USDA paid special attention to ensuring that the nutrition standards for all foods sold to children complement or align with the updated school meal requirements.
In response to the comments, and to help achieve this, the interim final rule provides an exemption for entrée items that are part of the reimbursable meal offered by school food service but also made available for a la carte purchase. The interim final rule requires that side dishes available a la carte meet all applicable competitive food standards at all times.
This entrée exemption is available only on the day the item is served as part of a reimbursable meal and on the day after. This approach supports the concept of school meals as being healthful, while providing flexibility to program operators in planning leftovers.
USDA will monitor the impact of this exemption over time to determine what types of entrees are being served in order to ensure that the goals of the competitive food standards are being supported.

28. Definition of Entrée Entrée item means an item that is either:
A combination food of meat/meat alternate and whole grain rich food; or
A combination food of vegetable or fruit and meat/meat alternate; or
A meat/meat alternate alone, with the exception of yogurt, low-fat or reduced fat cheese, nuts, seeds and nut or seed butters and meat snacks (such as dried beef jerky and meat sticks).
In order to better understand the next few standards, let’s take a moment to discuss the definition of an Entrée. Entrée item is defined in this rule as either a combination food of meat and grains, of fruit or vegetables and meat, or a meat or meat alternate served alone.
Some meat alternates, such as yogurt, cheese, nuts, seeds and nut butters, are excluded from the definition of entrée because they are typically snack items and would not be appropriate if offered in entrée sized portions.
In addition, based on comments, the interim final rule now also excludes meat snack items such as dried meat jerky and meat sticks from being considered to be an entrée, similar to the exclusion of the meat alternates mentioned above.

29. Chewing Gum Sugar-free chewing gum is exempt from standards
While the proposed rule did not address chewing gum, several comments received recommended that USDA provide an exemption from the competitive food standards for sugar-free chewing gum because it has a proven impact on dental and oral health. Clinical studies have shown that chewing sugarless gum for 20 minutes following meals can help prevent tooth decay.
Therefore, the interim final rule allows the sale of sugar-free chewing gum. State agencies or schools may choose not to allow the sale of sugar-free gum.

30. Nutrition Standards for Beverages
Now let’s move on to the standards specific to beverages.

31. Standards for Beverages
Vary by Grade Level
Identify Specific Types of Beverages Allowed
Address Container Size
The standards for beverages are structured a little differently than the standards for foods. The standards for beverages vary by grade level and they specify the types and maximum portion sizes of beverages allowed.
We will start with the beverages available for all grades and then discuss the additional flexibility for high school.

32. Beverages for All Water Milk Juice
Water, milk and juice are allowable beverages for all grade levels . The serving sizes for each varies and is appropriate for age and grade levels.

33. Beverages for All - Water
Plain water, carbonated or noncarbonated
No size limit
Plain water may be sold to all students without limits on size. This includes plain carbonated water with no added ingredients.
Note some bottled waters have added minerals, including fluoride and others, for taste and this is acceptable. But no other additives, no natural or other flavors or sweeteners are allowed for carbonated water sold to students in elementary or middle schools.

34. Beverages for All - Milk
Unflavored nonfat and lowfat milk
Flavored nonfat milk
Maximum serving sizes:
8 fluid ounces in elementary school
12 fluid ounces in middle and high schools
The standards for milk types align with those permitted in the school meal programs:
Unflavored low fat milk
Unflavored or flavored non fat milk and
Nutritionally equivalent milk alternatives
May be sold in up to 8 ounce servings in elementary school and up to 12 ounces for middle and high school students.

35. Beverages for All - Juice
100% fruit and/or vegetable juice
100% juice diluted with water (carbonated or noncarbonated) – no added sweeteners
Maximum serving sizes
8 fluid ounces in elementary school
12 fluid ounces in middle and high schools
Finally, 100% fruit and/or vegetable juice may be sold.
The rule does allow for 100% juice diluted with water to be sold in age-appropriate portion sizes. Diluted juice provides a lower calorie and nutritious option and could be carbonated or not carbonated, but they cannot include any added sweeteners or other additives, only 100 percent juice and water.
For elementary schools, the maximum serving size for juice is 8 ounces, and for middle and high schools, the maximum serving size is 12 ounces.

36. Beverages For All Beverage Elementary School Middle High
Plain water , carbonated or not
no size limit
Low fat milk, unflavored *
≤ 8 oz
≤ 12 oz
Non fat milk, unflavored or flavored *
≤ 8 oz
100% fruit/vegetable juice **
Here is a nice summary chart of what we just discussed. The primary and most nutritious beverage options for children will be allowed in age-appropriate sizes for different grade levels: water, milk and juice.
*Includes nutritionally equivalent milk alternatives, as permitted by NSLP/SBP
**May include 100% juice diluted with water (with or without carbonation) & with no added sweeteners.

37. Other Beverages in High School
Calorie-Free Beverages: Maximum Serving Size 20 fluid ounces
Calorie-free flavored water , with or without carbonation
Other “calorie-free” beverages with less than 5 calories per 8 fluid ounces, or up to 10 calories per 20 fluid ounces.
As I mentioned earlier, there are additional beverage choices for high school students.
The following beverages are allowed in high schools:
Calorie-free, flavored and/or unflavored water, with or without carbonation (≤20 fl. oz);
Other calorie free beverages with
<5 calories per 8 fluid ounces or;
<10 calories per 20 fluid ounces.
Such products may include flavored waters, carbonated or uncarbonated waters, enhanced waters, vitamin/nutrient waters or other similar beverages.

38. Other Beverages in High School
Lower-Calorie Beverages - Maximum Serving Size 12 fluid ounces
Up to 60 calories per 12 fluid ounces; or
Up to 40 calories per 8 fluid ounces
For other beverages available in high school Lower calorie beverages up to 60 calories per 12 ounces or up to 40 calories per 8 ounces may be served in a maximum serving size of 12 ounces.
There are many options available in the current marketplace that meet these standards at this time, such as lower calorie sports drinks, lower calorie tea/lemonade beverages, etc.

39. No “Time and Place” Restriction
No restriction on the sale of any allowable beverage at any grade level, during the school day anywhere on the school campus.
Another important thing to mention is that there is no “time and place” restrictions on beverages.
The rule permits any allowable beverages to be sold anywhere on campus during the school day and applies to elementary, middle and high schools. This allowance ensures that the school food authority is not at a financial disadvantage compared to other areas in which such allowable beverages may be available in the school.
Please note, USDA will monitor this provision as it is implemented to ensure that the sale of such competitive beverages in the food service area does not negatively impact the consumption of milk and other more healthful beverages.

40. Elementary and Middle School
Caffeine
High School
Foods and beverages must be caffeine-free, with the exception of trace amounts of naturally- occurring caffeine substances.
No caffeine restrictions.
Elementary and Middle School
The rule also specifies that only caffeine-free foods and beverages be allowed for elementary and middle school students. However, the rule includes an exemption for foods and beverages that contain trace amounts of naturally-occurring caffeine substances, such as chocolate milk.
While FDA has not set a daily caffeine limit for children, it has recently announced it will investigate the safety of caffeine in food products, particularly its effects on children and adolescents. Given the lack of scientific recommendations with regard to caffeine consumption for children at this time, the interim final rule does not prohibit caffeine or any specific products containing caffeine for high school students. However, USDA encourages schools to be mindful of the level of caffeine in food and beverages when selecting products that may be sold to children. USDA will continue to monitor research and recommendations on caffeine in children as we develop a final rule.
After slide, do “product label” activity

41. Fundraisers
Now let’s talk about the new standards and how they interact with fundraisers on campus.

42. Fundraisers
All foods that meet the regulatory standards may be sold at fundraisers on the school campus during school hours.
The standards would not apply to items sold during non-school hours, weekends, or off-campus fundraising events.
Fundraisers are a method of financing many important activities for students.
The sale of food items that meet the nutrition requirements, as well as the sale of non-food items, at fundraisers would not be limited in any way under the interim final rule.
In addition, the nutrition standards would not apply during non-school hours, weekends and off-campus fundraising events, such as concessions during sporting events and school plays.
It is also important to note that these standards do not apply to treats for birthdays or foods brought by the student from home for their own consumption, these items are addressed in the local school wellness policies.

43. Fundraiser Exemption
State agencies may establish limits on the number of exempt fundraisers that may be held during the school year.
School districts may institute additional standards.
No exempt fundraiser foods or beverages may be sold in competition with school meals in the food service area during the meal service.
The Healthy, Hunger-Free Kids Act does allow exemptions for a limited number of infrequent fundraisers that sell foods that do not meet the nutrition standards.
State agencies have the discretion to establish limitations on the number of exempt fundraisers that may be held during the school year.
In order to prevent the sale of foods that do not meet the nutrition standards in direct competition with the reimbursable meals, any exempted fundraisers would be prohibited in the food service area during the school lunch and breakfast meal service times. This was included in the proposed rule as well. For example, it would be unacceptable to conduct an exempt fundraiser selling baked goods such as cakes and cookies in the food service areas of the school during the service of lunch.
It is important to clarify that while the State has discretion to determine the frequency of exempt fundraisers, if the State agency does not specify a frequency, then no exempt fundraisers may take place at schools in the State. It is also good to remember that the fundraising frequency standards established by the State are minimum standards. Should local schools or districts choose to establish additional standards that are not inconsistent with those established by the State, they may do so.
Georgia will set limits on exempt fundraisers.

44. Foods of Minimal Nutritional Value
Provisions related to Foods of Minimal Nutritional Value remain in place until the July 1, 2014 implementation date of the competitive food standards
Provisions related to Foods of Minimal Nutritional Value remain in place in regulations until the July 1, 2014 implementation date of the competitive food standards

45. Administrative Provisions
That completes the description of the standards included in the interim final rule. Let’s now turn our attention to some administrative considerations, including recordkeeping and monitoring requirements.

46. Recordkeeping
LEAs and SFAs maintain records such as receipts, nutrition labels and product specifications
SFAs maintain records for competitive foods sold under the nonprofit school food service account
LEAs maintain records for all other competitive food sales
It is important to understand that these competitive food standards apply to ALL foods sold throughout the day at ALL of the venues available in a school. This means that all parts of the school involved with selling food to students during the school day will have a role in meeting these requirements, not just the school food authority and cafeteria staff.
How this actually happens will look different from one district to the next. At a minimum, the rule anticipates that local educational agencies would need to ensure that receipts, nutrition labels or product specifications are maintained by those designated as responsible for competitive food service at the various venues in the school.
School food authorities would be responsible for maintaining records for competitive foods sold under the umbrella of the nonprofit school food service account. Local educational agencies maintain records for all other competitive food sales.
The interim final rule discusses the issue of responsibility for the maintenance of records at some length. Basically, sorting through who is responsible for maintaining records of competitive foods may be challenging at first and USDA suggests that local school wellness policy designees could prove very useful in assisting in the development of a simple and reasonable recordkeeping system for competitive food sales in schools.
In addition, this is certainly an area that FNS will provide technical assistance and further guidance on over the next year and over time as the rule is implemented. USDA is also reaching out to school administrators, school boards and parent organizations to help inform them of the new requirements and provide information on how they can find and use our technical assistance resources about these requirements.

47. Monitoring and Compliance
State agencies will monitor compliance with the standards through a review of local educational agency records as part of the State agency administrative review.
If violations have occurred, technical assistance and corrective action plans would be required.
As with all other child nutrition program requirements, State agencies will be responsible for monitoring compliance with the requirements of the competitive food nutrition standards through periodic reviews of local educational agency records and operations.
USDA envisions local education agency designees, rather than school food service staff, taking the lead in training all local educational agency personnel involved with selling competitive foods on the new requirements as well as monitoring implementation and ensuring those personnel are properly implementing the new rules.
As with other program violations, if a State agency determines during an administrative review that violations of the competitive food standards have occurred, corrective action plans would be required to be submitted to the State agency by the local educational agency and school food authority.
A proposed rulemaking to revise the requirements for State agency review and oversight of local educational agency participation in the school meal programs will be published soon as well as a proposed rule on child nutrition program integrity. The public will be encouraged to comment on both of those proposed rules, including how those requirements may or may not apply to the competitive food standards, before final rules are established. .

48. Next Steps
That concludes our overview of the content of the interim final rule. Let’s take a few minutes to discuss what happens next.
As we mentioned earlier, State agencies and schools will not be required to implement the standards and other provisions of this interim final rule until July 1, This allows training on the new requirements and allow for advance. preparation.
USDA will provide extensive technical assistance, training, and guidance materials to State agencies and local educational agencies prior to and during the implementation period. But they are looking for feedback from stakeholders about implementation. They will use that feedback to not only develop and provide additional guidance, but also to determine, as we mentioned earlier, if additional modifications to the requirements are needed.

49. Resources
USDA HealthierUS School Challenge – Competitive Foods Calculator Alliance for a Healthier Generation – Healthy Schools Program – Product Calculator
Here are some calculators that can assist you in determining whether products meet the standards.

50. Sarah Combs scombs@doe.k12.ga.us Laura Tanase ltanase@doe.k12.ga.us
Questions?
Sarah Combs Laura Tanase
Ok, we time for questions and comments. We are also interested in your comments on the rule.
Overall, clap if you like most of the rule.