1. 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

2. 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. 2

3. 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.

4. 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

5. Regulations Guiding CO Implementation
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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.

6. 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”

7. Standards for All Foods Sold
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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.

8. General Food Standards
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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.

9. Nutrient Standards Total Calories Fats Sodium Sugar
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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.

10. Smart Snacks Calculator
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Smart Snacks Calculator
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!

11. The LEA and Food Fundraisers at school
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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.

12. Beverage Standards  Ensure all beverages sold to students meet the
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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

13. Colorado Competitive Food Service Policy 1 CCR 301-3
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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.
– 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
– 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.

14. 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

15. Responsibilities Local Educational Agency Must:
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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.

16. References and Resources
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Healthy, Hunger-Free Kids Act
Regulations Guiding Colorado’s Implementation
Federal Smart Snacks Policy
Alliance for a Healthier Generation Smart Snacks Calculator
Federal Food-Fundraiser Fact Sheet
Questions and Answers Related to the Smart Snacks Interim Final Rule

17. 11/22/2018
Contact the CDE OSN with any questions or concerns: or
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