School Nutrition Programs Compliance Handbook
This chapter discusses the requirements for “All Foods Sold on Campus” including fundraisers as required by the Healthy, Hunger-Free Kids Act of 2010. The final rule for all foods sold on campus, requires all School Food Authorities (SFA) that sell foods sold on campus to implement the requirements contained in the rule [established in federal regulation 7 CFR Part 210.11].
OVERVIEW
USDA published practical, science-based nutrition standards for snack foods and beverages sold to children at school during the school day. The standards, required by the Healthy, Hunger-Free Kids Act of 2010 and federal regulation [7 CFR Part 210.11], will allow schools to offer healthier snack foods to children, while limiting junk food.
The standards will allow School Food Authorities (SFA) to offer healthier snack foods for our children, while limiting junk food served to children. Children will still be able to buy snacks that meet common-sense standards for fat, saturated fat, sugar, and sodium, while promoting products that have whole grains, low fat dairy, fruits, vegetables, or protein foods as their main ingredients.
It is important to note that USDA has no role in regulating foods brought from home. The standards do not apply to any foods brought to school in bagged lunches, or for birthday parties and special events, including after-school bake sales and fundraisers (provided these take place at least 30 minutes after school dismisses for the day).
Why are these standards necessary? Nearly one third of children in America are at risk for preventable diseases like diabetes and heart disease due to being overweight or obese. If left unaddressed, health experts tell us that this generation may be the first to live shorter lives than their parents.
Children across the country are now getting healthier school lunches with more fruits and vegetables, whole grains, and low-fat dairy based on scientific recommendations for nutrition. Yet for most teens and a growing percentage of elementary students, items offered a la carte and in vending machines still lack healthy options. Many children consume at least one snack food a day at school.
Parents are working hard to ensure their children grow up healthy and their efforts should not be undone when their kids go to school. Our children’s ability to learn in the classroom and reach their fullest potential depends on what we do right now to secure their future.
The Smart Snacks nutrition standards included in the final rule apply only to food sold to children on the school campus during the school day. If such foods are provided to the children free of any charge or “contribution”, or the exchange of tokens or tickets of any sort, the competitive foods standards do not apply.
The Smart Snacks nutrition requirements apply only when foods outside of the school meal programs are sold or available to be sold to children during the school day, on the school campus, as defined in the final rule [and federal regulation 7 CFR Part 210.11]. The requirements of the final rule are not applicable to food sold to non-students, such as parents or school faculty/staff members.
The standards are the minimum requirements for SFAs. States and SFAs that have stronger standards will be able to maintain their own policies.
NUTRITION STANDARDS
The nutrition standards for foods sold on school campus during the school day must [as required by federal regulation 7 CFR Part 210.11 (c)]:
• Be a “whole grain-rich” grain product; or
• Have as the first ingredient a fruit, a vegetable, a dairy product, or a protein food; or
• Be a combination food that contains at least ¼ cup of fruit and/or vegetable; or
Foods must also meet several nutrient requirements:
Calorie limits [as required by federal regulation 7 CFR Part 210.11 (h)]:
° Snack items: ≤ 200 calories
° Entrée items: ≤ 350 calories
Sodium limits [as required by federal regulation 7 CFR Part 210.11 (i)]:
° Snack items: ≤ 200 mg
° Entrée items: ≤ 480 mg
Fat limits [as required by federal regulation 7 CFR Part 210.11 (f)]:
° Total fat: ≤35% of calories
° Saturated fat: < 10% of calories
Sugar limit [as required by federal regulation 7 CFR Part 210.11 (g)]:
° ≤ 35% of weight from total sugars in foods
Nutrition Standards for Beverages [as required by federal regulation 7 CFR Part 210.11 (l)]
· All schools may sell:
o Plain water (with or without carbonation)
o Unflavored low-fat milk
o Unflavored or flavored fat free milk and milk alternatives permitted by National School Lunch Program (NSLP)/School Breakfast Program (SBP)
o 100% fruit or vegetable juice and
o 100% fruit or vegetable juice diluted with water (with or without carbonation), and no added sweeteners.
· Elementary schools may sell up to 8-ounce portions of milk and juice, while middle schools and high schools may sell up to 12-ounce portions of milk and juice. There is no portion size limit for plain water.
· Beyond this, the standards allow additional “no calorie” and “lower calorie” beverage options for high school students.
• No more than 20-ounce portions of
o Calorie-free, flavored water (with or without carbonation); and
o Other flavored and/or carbonated beverages that are labeled to contain < 5 calories per 8 fluid ounces or ≤ 10 calories per 20 fluid ounces.
• No more than 12-ounce portions of
• Beverages with ≤ 40 calories per 8 fluid ounces, or ≤ 60 calories per 12 fluid ounces.
Other Requirements
Fundraisers
The final rule for all foods sold on campus established guidelines and standards for fundraisers. Table 1.1 contains the guidelines and standards established in federal regulations [7 CFR Part 210.11 (b) (4)] for fundraisers. Fundraisers are discussed in more detail in their own section below.
Table 1.1: Guidelines and Standards for Fundraisers |
Federal regulation [7 CFR Part 210.11 (b) (4)] established the following guidelines and standards for fundraisers: · The sale of food items that meet nutrition requirements at fundraisers are not limited in any way under the standards. · The standards do not apply during non-school hours, on weekends and at off campus fundraising events. School day as defined by federal regulation [7 CFR Part 210.11 (a) (5)] begins 12:00 am until 30 minutes after the last bell. If such programs are operated in the school during the school day, or if afterschool snacks or meals are provided within the 30-minute window after the end of the instructional day on campus, any other food available for sale to students at that time must comply with the Smart Snacks requirements. · The standards provide a special exemption for infrequent fundraisers that do not meet nutritional standards. State agencies (OKDHS School Nutrition Programs) may determine the frequency with which fundraising activities take place that allow the sale of food and beverage items that do not meet the nutrition standards. |
Accompaniments
The final rule for all foods sold on campus established guidelines and standards for Accompaniments. Table 1.2 contains the guidelines and standards established in federal regulation [7 CFR Part 210.11 (k)] for accompaniments.
Table 1.2: Guidelines and Standards for Accompaniments |
Federal regulation [7 CFR Part 210.11 (k)] established the following guidelines and standards for accompaniments: · Accompaniments such as cream cheese, salad dressing and butter must be included in the nutrient profile as part of the food item sold. o This helps control the amount of calories, fat, sugar and sodium added to foods by accompaniments, which can be significant. |
NOTE: For more information see the USDA’s “A Guide to Smart Snacks in School,” available online at https://www.fns.usda.gov/tn/guide-smart-snacks-school for more information.
CALCULATING PERCENTAGE OF CALORIES FROM FAT CONTAINED IN AN ITEM
There are two methods of calculating this percentage based on the information found on the nutrition facts panel. Both are acceptable, though they may yield slightly different results. The nutrition facts panel includes total fat in two places: (1) listed as calories from fat near the top, and (2) listed in grams with the other nutrients. The percentage of calories from fat may be calculated using either number.
To calculate using the calories from fat information, take the calories from fat listed on the label and divide by the total calories, then multiply by 100. Using the nutrition facts panel example shown here to calculate the calories from fat method, the calculation would be as follows: 50 calories ÷ 140 calories x 100 = 35.7 percent of calories from fat.
To use the grams of total fat method, take the grams of fat on the label and multiply by 9 (the calories in each gram of fat), divide that result by the total calories, and then multiply by 100. Using the nutrition facts panel example here, the calculation would be: 5 grams x 9 calories ÷ 140 calories x 100 = 32.14 percent of calories from fat.
These two methods will often provide slightly different results because the FDA has different rounding rules for the labeling of each of these nutrients on the nutrition facts panel. However, if either method results in less than or equal to 35 percent of calories from fat (do not round the result), the product will meet the total fat standard. The example above could be sold since the result, using the grams of total fat, is less than or equal to 35 percent of calories from fat.
We recommend you start by using the calories from fat listed at the top of the nutrition facts panel. If the result is less than or equal to 35 percent of calories from fat, there is no need to do the calculation with the total fat grams. If the result does not meet the standard, use the grams of total fat to determine if the item meets the total fat standard.
To calculate the percentage of calories from saturated fat, take the grams of saturated fat and multiply by 9 (the calories in each gram of saturated fat), divide that result by the total calories, then multiply by 100. Using the nutrition facts panel from question 12, the calculation would be: (0.5 grams x 9 calories) ÷ 140 x 100 = 3.2 percent. Do not round the result since the standard is less than 10 percent of calories from saturated fat. A product with up to 9.9 percent of calories from saturated fat will meet the standard.
To calculate the percentage of sugar by weight, take the grams of sugar on the nutrition facts panel and divide that by the total weight of the food in grams. Using the nutrition facts panel from question 12, the calculation would be: 2g (grams of sugar) ÷ 28g (total weight of food) x 100 = 7.14% sugar by weight. Total sugar must be no more than 35 percent by weight. Do not round the result.
Saturated Fat Requirement
Foods eligible to be sold must derive less than 10 percent of their calories from saturated fat. A food that has exactly 10 percent of calories from saturated fat would not meet the standard. Federal regulation [7 CFR Part 210.11 (f) (1) (ii)] states the requirement that the saturated fat content of a competitive food must be less than 10 percent of total calories per item as packaged or served, with specific exemptions as specified in federal regulation [7 CFR Part 210.11 (f)(3)] and listed in table 2.
Table 2: Exemptions to the Total Fat and Saturated Fat Requirement |
Federal regulation [7 CFR Part 210.11 (f) (3)] has the following exemptions to the total fat and saturated fat requirements: · Reduced fat cheese and part skim mozzarella cheese are exempt [per federal regulation 7 CFR Part 210.11 (f) (3) (i)], but are not exempt from the sugar, calorie, and sodium requirements. · Nuts, seeds, and nut/seed butter are exempt [per federal regulation 7 CFR Part 210.11 (f) (3) (ii)]. The regulation states “this exemption does not apply to combination products that contain nuts, seeds, or nut/seed butters with other ingredients, such as peanut butter and crackers, trail mix, or chocolate covered peanuts. · Products consist of only dried fruit with nuts and/or seeds with no added nutritive sweeteners are exempt [per federal regulation 7 CFR Part 210.11 (f) (3) (iii)] but are subject to the calorie and sodium standard. · Whole eggs with no added fat are exempt [per federal regulation 7 CFR Part 210.11 (f) (3)(iv)] but are subject to the calorie and sodium standard. |
Popcorn
Popcorn is whole grain and may be eligible as a smart snack, provided it meets all applicable standards. The ingredient label must list the first ingredient as popcorn to meet the general standard. There are many different types of popcorn available on the market, some with added fats and/or sugars, therefore, the nutrition facts panel or product specifications must be checked to determine if the product meets the nutrition standards.
Dried/Dehydrated Fruits and Vegetables
A dried/dehydrated fruit or vegetable such as dried cherries or potato flakes listed as the first ingredient does qualify the product under the general standards for Smart Snacks. All nutrient standards must be met for calories, total fat, saturated fat, trans fat, sodium, and sugar. However, dehydrated or concentrated juice or puree is considered added sugar and does not qualify as a product for sale under the general standard.
A la Carte Sales
Individual entrée items offered as part of lunch or breakfast from all competitive food standards when sold a la carte the day of or the day after they are served as part of a reimbursable meal are exempt from the Smart Snack Rule. However, side dishes and other items sold during the day must follow the nutrition standards of the rule.
Entrees
Entrées sold a la carte are subject to the smart snack in school final rule. Table 3 contains definition of an entrée when sold a la carte.
Table 3: Entrée Item |
Per federal regulation [7 CFR Part 210.11 (a) (3)] an entrée item is either: · A combination food of a meat/meat alternate and a grain [per federal regulation 7 CFR Part 210.10.11 (a) (3) (i)] · A combination food of a vegetable, or fruit, and a meat/meat alternate [per federal regulation 7 CFR Part 210.11 (a) (3) (ii)] · A meat/meat alternate alone except for yogurt, low-fat or reduced fat cheese, nuts, seeds, nut/seed butters, and meat snacks (such as dried beef jerky) [per federal regulation 7 CFR Part 210.11 (a) (3) (iii)] · A grain only entrée that is served as the main dish in a school breakfast [per federal regulation 7 CFR Part 210.11 (a) (3) (iv)] |
Federal regulation [7 CFR Part 210.11 (e)] requires grain products (including entrées) “…acceptable as a competitive food must include 50 percent or more whole grains by weight or have whole grain as the first ingredient.”
The final rule provides entrees that have been served apart of the National School Lunch Program (NSLP) or the School Breakfast Program (SBP) reimbursable meal are exempt from the smart snack rule [per federal regulation 7 CFR part 210.11 (c) (3) (i)] on the day of service in the NSLP and the SBP, as well as the day after such is served in the NSLP or SBP as part or a reimbursable meal. For example, if the SFA serves WGR pancakes as the main dish for the SBP, then they can be considered an entrée and be exempt from the standards on the day of and the day after they are served. Exempt entree items offered as a competitive food must be offered in the same or smaller portion sizes as in the NSLP or SBP.
A combination meat/meat alternate and whole grain-rich food meets the definition of an entrée item. Cheese or peanut butter alone is not considered to be an entrée; however, when combined with whole grain-rich bread, these sandwiches are entrée items. Unless served as an entrée in the NSLP on that day or the day after, all entrée items must also meet the Smart Snacks general and nutrient standards [contained in federal regulation 7 CFR Part 210.11].
COMBINATION FOODS
A combination food is defined by federal regulation [7 CFR Part 210.11 (a) (1)] as a product that contains two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein or grains. If a combination food does not meet the general standards [as required by federal regulations 7 CFR Part 210.11 (c)] contained in table 3.1., then the combination food cannot be sold.
Table 4.1 General Standards for Competitive Foods |
The following are the general standards for competitive foods as defined by federal regulation [7 CFR Part 210.11 (c)]: · Grain products contain 50 percent or more whole grain by weight or have whole grains as the first ingredient. · Having one of the non-grain major food groups as the first ingredient (meat, beans, poultry, seafood, eggs, nuts, seeds, etc.). · Be a combination food that contains 1⁄4 cup of fruit and/or vegetable. · If water is the first ingredient. The second ingredient must be one of the following: o A grain o Fruit o Vegetable o Protein food (meat, beans, poultry, seafood, eggs, nuts, seeds, etc.)
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Table 3.2 contains examples of combination foods compliant with federal requirements for competitive foods.
Table 4.2 Examples of Combination Foods |
The following are some examples of combination foods: · Blueberry muffin: o A blueberry muffin may not meet the general standard if it does not contain: o 50% or more whole grains by weight or if the first ingredient listed is not a whole grain, fruit, vegetable, dairy or protein item. o However, if the muffin contains refined grains and ¼ cup of blueberries, the muffin meets the general standard requirement as a combination food that contains ¼ cup fruit and/or vegetable. o Additionally, the muffin must also meet the specific nutrient standards for fat, sugar, sodium, etc. · Harvest Stew or vegetable chili boat recipes: o Each of these soups contains at least ¼ cup of vegetable and meets the nutrient standards and may be allowable under the Smart Snacks standards in appropriate portions. · 100 calorie small whole grain chocolate chip cookies (approximately 21 grams) combined with a small banana (approximately 100 grams) packaged and sold together: o The cookies contain whole grains o The small banana is about ½ cup of fruit. o The nutrients for this example combination are § 190 calories, 3 g of fat (14% calories from fat), § 1 g of saturated fat (5% calories from saturated fat), § 95 mg of sodium, § 20 g of sugar (17% sugar by weight). |
Exemptions to Combination Food Rule
There are only two types of combination foods exempt from all or some of the nutrient standards. Canned, fresh, and frozen fruits and vegetables that are combined may be exempt from all the nutrient standards as long as there are no added ingredients except water [as permitted by federal regulation 7 CFR Part 210.11 (d) (1)]. For example, fresh salsa made from tomatoes, onions, and garlic, with no other ingredients, is exempt from each of the nutrient standards.
While combination foods comprised entirely of fruits and/or vegetables are exempt from all the nutrient standards [as permitted by federal regulation 7 CFR Part 210.11 (d) (2)]. There are some other combination items that are exempt from a subset of nutrient standards. Specifically, items that are made from only dried fruit, nuts, and/or seeds are one specific type of combination food item that is exempt from the total fat standard, saturated fat standard, and the sugar standard as long as such products contain no added nutritive sweeteners or fats [as permitted by federal regulation 7 CFR Part 210.11 (f) (3) (ii)]. Such products are still subject to the calorie, trans-fat, and sodium standards.
Side Dishes
Side dishes offered as part of the National School Lunch Program (NSLP) or the School Breakfast Program (SBP) and sold a la carte must always meet the nutrition standards contained in the Smart Snacks in School rule [federal regulation 7 CFR Part 210.11].
In cases in which the school does not participate in the SBP and grain-only items such as bagels, waffles, etc. are offered for sale in the school, such items, along with their accompaniments, must meet all of the Smart Snacks standards [as required by federal regulation 7 CFR Part 210.11] prescribed for side dishes or snack items whenever sold to students.
Side Salads
A side salad may qualify based either on the first ingredient being a vegetable or as a combination food. Table 4 contains an example for a side salad.
Table 5: Side Salad Example |
Side salad with: 1 cup of romaine lettuce, ¼ cup sliced cucumbers, 8 cherry tomatoes, 4 croutons, and 1 tablespoon of low-calorie Caesar dressing. The dressing containing: · 57 calories · 1 gram of fat (16% of calories from fat), · 0 g saturated fat · 0 g trans-fat · 191 mg of sodium · 4% sugar by weight This side salad would be compliant with Smart Snack standards contained in federal regulation [7 CFR Part 210.11]. |
Cheese and Crackers
To meet the general standard, the first ingredient in cheese and crackers packaged together must be either a dairy food or a whole grain. Cheese and crackers must also meet all the specific nutrient standards contained in federal regulation [7 CFR Part 210.11]. If the cheese and the crackers are packaged separately and sold as separate items, reduced-fat cheese or part-skim mozzarella would be exempt from the total and saturated fat standard but subject to all other standards, while the crackers would need to have as the first ingredient a whole grain and meet all other Smart Snacks nutrition standards.
Beverages
The Smart Snacks final rule does not change the meal pattern and nutrition standards for the National School Lunch Program (NSLP) or the School Breakfast Program (SBP). Milk is one component of a reimbursable meal. The milk component may be declined in the case of offer vs. serve. However, beverages, other than juice and smoothies offered as the fruit or vegetable component of the reimbursable meal, would have to be purchased a la carte.
The Smart Snacks final rule has standards for beverages by grade groups.
BEVERAGE STANDARD FOR EACH GRADE GROUP
Federal regulation [7 CFR Part 210.11 (l)] contains standards for beverages available on campus during the school day. The standards are broken down by grade level. Tables 5.1, 5.2, and 5.3 contain these standards.
Table 6.1: Beverage Standards for Elementary School (k through 5th grades) |
The following are the beverage standards for k through 5th grades: · Plain water or carbonated water of any size [per federal regulation 7 CFR Part 210.11 (l) (1) (i)]. · Milk (fat free flavored, fat free unflavored, 1% flavored, and 1% unflavored) and milk substitutes compliant with regulation [7 CFR Part 210 (d) (2)] no more than 8 fluid ounces [per federal regulation 7 CFR Part 210.11 (l) (1) (ii)]. · One hundred percent fruit/vegetable juice diluted with water, with or without carbonation containing no added sweeteners no more than 8 fluid ounces [per federal regulation 7 CFR Part 210.11 (l) (1) (iii)]. · Beverages available must be caffeine free except for naturally occurring trace amounts of caffeine [per federal regulation 7 CFR Part 210.11 (j)]. |
Table 6.2: Beverage Standards for Middle Schools (6th through 8th grades) |
The following are the beverage standards for 6th through 8th grades: · Plain water or carbonated water of any size [per federal regulation 7 CFR Part 210.11 (l) (2) (i)]. · Milk (fat free flavored, fat free unflavored, 1% flavored, and 1% unflavored) and milk substitutes compliant with regulation [7 CFR Part 210 (d) (2)] no more than 12 fluid ounces [per federal regulation 7 CFR Part 210.11 (l) (2) (ii)]. · One hundred percent fruit/vegetable juice diluted with water, with or without carbonation containing no added sweeteners no more than 12 fluid ounces [per federal regulation 7 CFR Part 210.11 (l) (2) (iii)]. · Beverages available must be caffeine free except for naturally occurring trace amounts of caffeine [per federal regulation 7 CFR Part 210.11 (j)]. |
Table 6.3: Beverage Standards for High Schools (9th through 12th grades) |
The following are the beverage standards for 9th through 12th grades: · Plain water or carbonated water of any size [per federal regulation 7 CFR Part 210.11 (l) (3) (i)]. · Milk (fat free flavored, fat free unflavored, 1% flavored, and 1% unflavored) and milk substitutes compliant with regulation [7 CFR Part 210 (d) (2)] no more than 12 fluid ounces [per federal regulation 7 CFR Part 210.11 (l) (3) (ii)]. · One hundred percent fruit/vegetable juice diluted with water, with or without carbonation containing no added sweeteners no more than 12 fluid ounces [per federal regulation 7 CFR Part 210.11 (l) (3) (iii)]. · Calorie-free, flavored water, with or without carbonation no more than 20 fluid ounces [per federal regulation 210.11 (l) (3) (iv)]. · Other beverages that are labeled to contain less than 5 calories per 8 fluid ounces, or less than or equal to 10 calories for 20 fluid ounces. The beverage cannot be more than 20 fluid ounces [per federal regulation 7 CFR Part 210.11 (l) (3) (v)]. · Other beverages that are labeled to contain no more than 40 calories per 8 fluid ounces or 60 calories per 12 fluid ounces. The beverage cannot be more than 12 fluid ounces [per federal regulation 7 CFR Part 210.11 (l) (3) (vi)]. |
Lower Calorie Beverages
Federal regulations [7 CFR Part 210.11 (l) (3) (v) and (vi)] contains the standard for lower calorie beverages in high school is ≤40 calories per 8 fl. oz., or ≤60 calories for 12 fl. oz. This is intended to be proportional. This means that these other beverages may have not more than 5 calories per fluid ounce. A smaller serving of a beverage that contains the maximum calories for a 12 fl. oz. beverage would not meet the standard.
Smoothies
For a smoothie to count as a food it must meet the general standard by including one of the main food group categories as the first ingredient and it must meet the specific nutrient standards. If the smoothie contains a meat alternate, such as yogurt (per USDA Memo SP 40-2019, yogurt is the only meat/meat alternate permitted in a smoothie), and a fruit or vegetable, it would be considered a food. Such a food meets the definition of an entrée item and may be sold as such. If the smoothie does not meet the definition of an entrée item (i.e., does not include a meat/meat alternate), but meets the general and nutrient standards, it may be sold as a snack.
If a smoothie is served as a breakfast entrée item in the SBP, it is exempt from the standards on the day of service and the day after service. For example, a smoothie made with yogurt and fruit, per SP 40-2019: Smoothies Offered in Child Nutrition Programs (https://www.fns.usda.gov/cn/smoothies-offered), would be a breakfast entrée item.
A smoothie is a beverage when it is comprised entirely of beverages that are currently allowable under the standards for 100 percent juice, low fat (1%) milk or nonfat milk (including milk alternatives), and water (or ice). For example, a smoothie made from 100% fruit juice, 1% milk and blended with ice would be considered a beverage. The serving size of the beverage smoothie is limited to 8 fl. oz. for elementary school students and 12 fl. oz. for middle and high schools.
Frozen Fruit Products
School districts have the flexibility to determine if a frozen fruit product will be categorized as a food or a beverage. If a school district makes the determination that a frozen fruit product is a food, the product must contain one of the main food groups (protein, dairy, fruit, vegetable) as the first ingredient, be 200 calories or less and meet all the nutrient standards for smart snacks. If a School Food Authority (SFA) determines that a frozen fruit product is a beverage, 8 fluid ounces is the maximum serving size for elementary schools [per federal regulation 7 CFR Part 210.11 (l) (1) (iii)] and 12 fluid ounces is the maximum serving size for middle and high schools [per federal regulation 7 CFR Part 5 CFR Part 210.11(l) (2) (iii) and 7 CFR Part 7 CFR Part 210.11 (l) (3) (iii)].
As a beverage, frozen fruit products available in elementary and middle schools must not include any added sweeteners since only 100 percent juice and water are allowed to be sold in those grade levels [per federal regulation 7 CFR Part 210.11 (l)]. If the frozen fruit beverage contains added sweeteners or other ingredients, it would fall into the “Other” allowable beverage category for high school. When this is the case, the beverage must meet the calorie and size restrictions for that beverage category, i.e., ≤ 60 calories per 12 ounces (or 5 calories/1 fl. oz.) with a maximum size of 12 fl. oz. [per federal regulation 7 CFR Part 210.11 (l) (3) (v)].
Coffee and Tea
Cream and sweeteners are accompaniments to coffee and tea. The sugar and cream must be included in the evaluation of the coffee or tea against the beverage standard [as required by federal regulation 7 CFR Part 210.11 (k)]. The use of accompaniments may be averaged over the number of drinks sold. The other beverage standard in high school permits <60 calories per 12 fl. Oz.; this is the same as <5 calorie per 1 fl. oz. If a smaller beverage is served, the calories may not exceed 5 calories per fl. oz., for example a 6 fl. Oz. beverage may have no more than 30 calories.
Espresso (or coffee) is allowable at the high school level only [per federal regulation 7 CFR Part 210.11 (j)] and may be combined with skim milk, flavored or unflavored. Espresso (or coffee) may also be combined with 1% milk, as long as there is no added flavoring. Additionally, it would be acceptable to sell an espresso beverage over ice or blended with ice. All final beverage sizes must be no more than 12 fl. oz.
Soy Products
Soy products, such as tofu and textured vegetable protein (TVP), are considered protein foods. If tofu, TVP, or soybean is listed as the first ingredient, the product meets the general standard and then will need to be evaluated to ensure that the product meets the Smart Snacks nutrient standards.
Soy nuts are dried soybeans that fall into both the protein group and vegetable group. Since the fruit and vegetable Smart Snacks requirements exempt only “fresh, frozen and canned vegetables with no added ingredients except water”, soy nuts would not be exempt from the nutrient standards. However, even though soy nuts would not be exempt from all nutrient standards as a vegetable, they would be exempt from the total fat, saturated fat, and sugar standards (if they have no added nutritive sweeteners or fat) under the nut/seeds exemption. Remember, soy nuts are still subject to the calorie, trans fat and sodium standards.
Fortified soy-beverages are allowable milk alternatives in schools, and, therefore, only need to adhere to the appropriate beverage standards for Smart Snacks.
EXCEPTIONS TO THE RULE
Foods Brought from Home, Celebrations, and Afterschool Sporting Events
USDA has no role in regulating foods brought from home. These standards only affect foods that are sold on school campus during the school day. Time honored traditions like treats for birthdays, or foods at an afterschool sporting event, are not subject to these standards.
The purpose of this memorandum is to clarify the status of grain-only items as entrées under the Final Rule titled “National School Lunch Program (NSLP) and School Breakfast Program (SBP): Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010,” also known as the Smart Snacks in School rule.
Offering breakfast items when SFA does not participate in the School Breakfast Program
In cases in which the school does not participate in the SBP and grain-only items such as bagels, waffles, etc. are offered for sale in the school, such items, along with their accompaniments, must meet all of the Smart Snacks standards prescribed for side dishes or snack items whenever sold to students.
FUNDRAISERS
Section 10 of the Child Nutrition Act of 1966, 42 USC 1779, as amended by the Healthy, Hunger-Free Kids Act of 2010 (HHFKA), requires that all food sold outside of the school meal programs, on the school campus and at any time during the school day must meet the nutrition standards set forth in the final rule titled “National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010”.
The nutrition standards included in the final rule apply to all foods and beverages sold to students on the school campus during the school day. However, in recognition of the tradition of school fundraisers, the HHFKA provides flexibility for special exemptions for the purpose of conducting infrequent school-sponsored fundraisers during which foods that do not meet the nutrition standards for Smart Snacks may be sold.
Federal regulation [7 CFR Part 210.11 (b) (4)] specifies that such specially exempted fundraisers where foods can be sold that are not complaint with the smart snack standards must not take place more often than the frequency specified by the State agency. As outlined in the federal regulation [7 CFR Part 210.11 (b) (4)], specifies a State agency [OKDHS School Nutrition Programs (SNP)] how frequently these exempted fundraisers may occur during the school year. OKDHS SNP has established a limit of one exempted fundraiser of a limited time duration per organization per semester where food can be sold that is non-compliant with the smart snack standards on campus during the school day. For situations where an organization desires to conduct more than one exempted fundraiser during the school day, OKDHS SNP must be contact for approval.
Table 7: Summary of Smart Snack Standards |
The Smart Snacks in School nutrition standards include: States set an appropriate number of exempt school-sponsored fundraisers. · States are well-positioned to identify the particular needs of their local communities. As such, each state will have the flexibility to set a certain number of fundraisers that can sell foods or beverages that do not meet the nutrition standards. · No limits on fundraisers that meet the Smart Snack standards. o In addition, fundraisers that sell non-food items or foods or beverages that meet the new standards are not limited under the nutrition standards. There are many healthy fundraising options available to schools, including selling books, fresh produce, school spirit merchandise or other non-food items during the school day. Your school’s local wellness committee may have some great tips on how to raise funds and help students make healthy choices at the same time. The school day begins at 12:00 am and ends 30 minutes after the last class [as defined by federal regulation 7 CFR Part 210.11(a) (5)]. · Schools decide what can be sold at events outside of school hours. o Smart Snacks in School only applies to foods and beverages sold to students on the school campus during the school day. The nutrition standards do not apply to foods and beverages sold at events held after school, off campus, or on weekends, such as school plays or sporting events. · Exceptions for fundraiser foods not intended for consumption in schools. o Fundraising activities that take place outside of school, such as cookie dough or frozen pizza sales, are exempt from the nutritional standards. Distribution of order forms and foods not intended for consumption at school may continue. |
Timeframe of Fundraiser
State agencies should address what is considered to be an appropriate timeframe for an exempt fundraising event and include such information as a part of their established exempt fundraiser policy which determines the maximum frequency for exempt fundraisers in schools in the State. It is expected that State agencies will establish a reasonable exempt fundraiser policy consistent with the intent of the law that such fundraisers occur on an infrequent basis. For example, considering a vending machine that is available every day during the school year as a single fundraiser or permitting regular week-long or month-long fundraisers would not meet the statutory and regulatory intent with regard to infrequent fundraiser exemptions.
Smart Snack Resources
Table 8.1 contains resources available upon request from OKDHS School Nutrition Programs. To request one of the items in table 8.1 email AFS.School.Nutrition.Programs@okdhs.org.
Table 8.1: Smart Snack Resources Available from OKDHS School Nutrition Programs |
| · OKDHS School Nutrition Programs fundraiser exception form. Available upon request by emailing AFS.School.Nutrition.Programs@okdhs.org. |
Table 8.2 Contains Smart Snack resources available online.
Table 8.2: Smart Snack Available Online |
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Smart Snack Product Calculator: |
USDA Smart Snack in Schools: · https://www.fns.usda.gov/school-meals/nutrition-standards/smartsnacks |
· USDA’s “A Guide to Smart Snacks in School” |
· USDA Smart Snack Memos: |
