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Update on the USDA Released Upd d Interim im Fin inal Rule le - Nutri riti tion on Standa dards ds for r All Foods ds Sold d in in S Schools ools Effecti ective SY20 2014- 4-20 2015 5 for NSLP Pa Partic icip ipati ting


  1. Update on the USDA Released Upd d Interim im Fin inal Rule le - Nutri riti tion on Standa dards ds for r All Foods ds Sold d in in S Schools ools Effecti ective SY20 2014- 4-20 2015 5 for NSLP Pa Partic icip ipati ting School hool Roxanne Ramage, M.S., R.D., S.N.S. rramage@isbe.net Nutrition and Wellness Programs Division Illinois State Board of Education February 2014

  2. In Inter erim im Fi Fina nal Rul ule  Title: Nutrition Standards for All Foods Sold in School  NEW Standards begin SY2014-2015 (July 1, 2014)  Provisions related to Foods of Minimal Nutritional Value (FMNV) remain in place for SY2013-2014 (through June 30, 2014)  Link: http://www.gpo.gov/fdsys/pkg/FR-2013-06-28/pdf/2013-15249.pdf  Published: June 28, 2013  Formal 120-day Comment period: ended on October 28, 2013  Required by the Healthy, Hunger-Free Kids Act of 2010 (Section 208)

  3. Hea ealth lthy, , Hung unger er-Free ree Kids ds Act t (HHFKA) FKA)  Section 208 of the HHFKA provided USDA authority to establish nutrition standards for all foods and beverages sold to students outside of the Federal child nutrition programs in participating schools.  The law specifies that the nutrition standards shall apply to all foods and beverages sold to students:  outside the school meal programs;  on the school campus; and  at any time during the school day.

  4. Sta tate e an and L d Loc ocal al Fl Flexi xibil ilit ity  The nutrition standards included in the interim final rule for all foods sold in school are minimum standards.  State agencies and school districts may establish additional standards.  State or local standards must be consistent with Federal standards.

  5. Illinois linois Admi ministrativ nistrative e Cod ode e Pa Part t 305.15 5 School ool Food Ser ervice vice Rul ules es  Illinois currently has state rules that govern food/beverages sold in NSLP participating schools with students in grades 8 and below. Such rules are currently in effect.  Illinois School Food Service Rules Part 305.15: http://www.isbe.net/rules/archive/pdfs/305ark.pdf  Beverage requirements are applicable before and during the regular school day outside of the reimbursable meal throughout the school campus.  Food requirements are applicable before and during the regular school day outside of the reimbursable meal throughout the school campus except that food sold to students within the food service area during meal periods are exempted.

  6. US USDA Int nter erim im Fi Fina nal R Rul ule e Compa parison rison to Illin inois is Rul ules es (Over ervi view)  Interim Final Rule includes:  NSLP participating schools with grades 9 -12  30 minutes at the end of the regular school day  Requirements for foods sold to students in the food service area during meal periods  Portion sizes for beverages  Requirements on the type (fat content) of milk sold  Only 100% fruit/vegetable juice  Caloric limit for snack and entrée items  Zero trans fat grams  Some discretion for ‘infrequent’ fundraising with food/beverages not meeting requirements

  7. Illinois linois Admi ministrativ nistrative e Cod ode e Pa Part t 305: School ool Food Ser ervice vice Rul ules es  Due to the current conflicts in Part 305.15 School Food Service Rules to the Interim Final Rule (published by USDA), ISBE will be proposing updates to Part 305.  More details to come in the near future.

  8. Sess essio ion A n Agend enda  Applicability  Nutrition Standards for Foods  General Standards  Specific Nutrient Standards/Exemptions  Exemptions to the General Standards  Nutrition Standards for Beverages  Fundraisers  Recordkeeping

  9. Applicability

  10. De Defin init itio ion: n: C Com ompe peti titi tive e Foo oods ds Competitive food is defined in this Interim Final Rule 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 Richard B, Russell National School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA), which include the National School Lunch and the School Breakfast Programs.

  11. De Defin init itio ion: n: S Sch chool ool Cam ampus pus School campus: all areas of the property under the jurisdiction of the school that are accessible to students during the school day.

  12. De Defin init itio ion: n: S Sch chool ool Da Day School day is the period from the midnight before, to 30 minutes after the end of the official school day.

  13. Ap Applic icabi abili lity ty of Nut utrit itio ion n Sta tand ndards ds The USDA established standards will impact ALL food and beverage SOLD to STUDENTS on the school campus during the school day including: • a la carte in the cafeteria • in school stores • snack bars • vending machines • other venues

  14. Nutrition Standards for Foods

  15. Sta tand ndar ards ds for or Foo oods ds  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

  16. Ge Gene neral al Sta tand ndar ard d for or Foo ood To be allowable, a food item must meet all of the specific nutrient standards for foods AND Be a whole grain rich product; OR 1) Have as the first ingredient a fruit, vegetable, dairy product or 2) protein food (meat, beans, poultry, etc.); OR Be a “combination food” with at least ¼ cup fruit and/or vegetable; 3) OR Contain 10% of the Daily Value of one nutrient of public health 4) concern (only through June 30, 2016) Calcium, potassium, vitamin D, dietary fiber 

  17. Wh Whol ole e Gr Grai ain Ric n Rich (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.

  18. DG DGA Ma A Major jor Foo ood d Gr Grou oups ps (2) Have as the first ingredient a fruit, vegetable, dairy product or protein food (meat, beans, poultry, etc.)

  19. Com ombin inati ation on Foo oods ds (3) 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.

  20. Nutr utrie ients nts of of Pu Public ic He Heal alth th Con once cern rn (4) 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 and allowable competitive foods must meet requirements 1, 2 or 3, as explained on the prior slides.  Allows manufacturers time to reformulate products, if desired.

  21. Ge Gene neral al Sta tand ndar ard d for or Foo ood To be allowable, a food item must meet all of the specific nutrient standards for foods AND Be a whole grain rich product; OR 1) Have as the first ingredient a fruit, vegetable, dairy product or 2) protein food (meat, beans, poultry, etc.); OR Be a “combination food” with at least ¼ cup fruit and/or vegetable; 3) OR Contain 10% of the Daily Value of one nutrient of public health 4) concern (only through June 30, 2016) Calcium, potassium, vitamin D, dietary fiber 

  22. Specific Nutrient Standards for Food

  23. Nutr utrie ient S nt Sta tand ndar ards ds  Total Fat  Saturated Fat  Trans Fat  Sodium  Calories  Total Sugar

  24. Acc ccom ompani anime ments nts • 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

  25. Tota tal l Fat at  ≤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

  26. Sat aturat urated ed F Fat at • <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.

  27. Tran ans s Fat at • Zero grams of trans fat per portion as packaged/served (< 0.5 g)

  28. De Defin init itio ion of n of En Entr trée ée  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).

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