USDA & State Legislation Information

USDA and STATE LEGISLATION INFORMATION

October 2016

Title 7, Code of Federal Regulations, Section 210.11

U.S. Department of Agriculture Smart Snacks in Schools Final Rule

Background

The Healthy, Hunger-Free Kids Act of 2010 authorized the USDA to create federal regulations on competitive foods – foods and beverages sold to students, on school campus, during the school day, outside of the federally reimbursable meal program.  On July 29, 2016, the USDA issued the final rule under Title 7, Code of Federal Regulations (7 CFR), section 210.11.  The changes became effective on September 27, 2016.

Summary of the Changes Made in the Smart Snacks in Schools Final Rule

·         Total Fat:  No more than 35% of calories may come from total fat

·         Entrée Definition: 

o   A combination of foods containing a:

§  Meat or Meat Alternate plus a whole grain-rich item

§  Meat or Meat Alternate plus a fruit or vegetable

§  Meat or Meat Alternate alone (not including yogurt, low-fat or reduced fat cheese, nuts, seeds, nut or nut butters, and meat snacks

·         Eggs:  Exempt from the fat and saturated fat standards

·         Canned Vegetables:  Low sodium or no salt added are exempt

·         Paired Exemption Definition

o   Must still meet the calorie, sodium, and trans fat standards

The Local School Wellness Policy final rule clarifies that any foods or beverages marketed or advertised during the school day on the school campus must meet the final rule requirements.  Local educational agencies are required to include policies in their LSWP plan that allow the marketing of only those foods and beverages that may be sold on the school campus during the school day.

If you have any questions regarding this subject, you may contact the Competitive Food and Beverage Team by e-mail at competitivefoods@cde.ca.gov or call:  800-952-5609