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

 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

 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.
http://www.fns.usda.gov/cnd/Governance/Legislation/CNR_2010.htm

• 250,000 comments received
• February 2013
Proposed Rule
Interim Final
Rule
• Published June 2013
• Formal 120 day comment period –
October2013
• Implementation date:
July 1, 2014
• USDA requests feedback on interim final rule before publishing a final rule
Implementation

Federal
Policy
Effective July 1, 2014
CO Healthy
Beverages Policy
Effective July 1, 2009
CO Competitive
Foodservice Policy http://www.cde.state.co.us/nutrition/nutricompetitivefoods.htm

Nutrition Standards for All Foods Sold in School as Required by the Healthy,
HungerFree Kids Act of 2010, Aka, “Smart Snacks” http://www.fns.usda.gov/school-meals/smart-snacks-school

 Outside the school meals programs;
 On the school campus ; and
 At any time during the school day
Applies to foods sold:
• A la carte items
• In school stores
• At snack bars
• In vending machines
• For fundraising (i.e. bake sales)
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

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

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 fat (≤ 35% of calories from total fat)
• Saturated fat (<10% of calories from saturated fat)
• Trans fat (0 grams of trans fat)
• Snack items: ≤ 230 mg
• Entrée items: ≤ 480 mg
• ≤35 % weight from total sugars in foods

https://schools.healthiergeneration.org/focus_areas/snacks_and_beverages/smart_snacks/product_calculator/ https://schools.healthiergeneration.org/resources__tools/school_meals/alliance_product_navigator/

Food-based fundraisers intended to be sold to students and consumed on campus must meet the Smart Snacks food and nutrient standards
Based on feedback from school food service directors statewide, the Colorado
Department of Education Office of School Nutrition has established up to three exemptions per school building for school year 2014-2015.
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. http://www.fns.usda.gov/sites/default/files/allfoods_fundraisers.pdf

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
Elementary
Bottled
Water

Fat free or low fat milk
≤8oz
≤150 cal/8oz
100% Juice
≤8oz
≤120 cal/8 oz
Other
Not allowed
Other
Not allowed
Middle
High School
 ≤10oz
≤150 cal/8oz
≤10oz
≤120 cal/8oz
Not allowed Not allowed
 ≤12oz
≤150 cal/8oz
≤12oz
≤120cal/8oz
≤20oz
≤5 cal/8oz or
≤10 cal/20oz*
≤12oz
≤40 cal/8oz or
≤60cal/12oz*
Diet soda not allowed http://www.cde.state.co.us/nutrition/nutrLegislation.htm
* Smart Snacks requirement

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 .
1.
203.01 – 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
2.
203.02 – 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.
http://www.cde.state.co.us/sites/default/files/Colorado%20Competitive%20Foodservice%20Policy.pdf

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.
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

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

 Healthy, Hunger-Free Kids Act
 http://www.fns.usda.gov/cnd/Governance/Legislation/CNR_2010.htm
 Regulations Guiding Colorado’s Implementation
 http://www.cde.state.co.us/nutrition/nutricompetitivefoods.htm
 Federal Smart Snacks Policy
 http://www.fns.usda.gov/school-meals/smart-snacks-school
 Alliance for a Healthier Generation Smart Snacks Calculator
 https://schools.healthiergeneration.org/focus_areas/snacks_and_beverages/smar t_snacks/product_calculator/
 Federal Food-Fundraiser Fact Sheet
 http://www.fns.usda.gov/sites/default/files/allfoods_fundraisers.pdf
 Questions and Answers Related to the Smart Snacks Interim Final Rule
 http://www.fns.usda.gov/sites/default/files/SP23-2014os.pdf

The U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture,
Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov
. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at
(800) 877-8339; or (800) 845-6136 (Spanish) USDA is an equal opportunity provider and employer.
17