Competitive Food and
Beverage Rules
Food Service Personnel
WEBINAR
May 13, 2014
AUDIO IS THROUGH THE PHONE
CONFERENCE DIAL-IN NUMBER: 650-479-3207
DIAL-IN ACCESS CODE: 298 755 398
TO ACCESS HANDOUTS:
Select the “File” drop down at the top left.
Then select “Transfer.”
Competitive Food and
Beverage Rules
Integrating USDA
Smart Snacks in School
and
California Requirements
Objectives
• Review Important Dates
• Describe the four governing
organizations that make school
rules
• Understand and integrate the New
Smart Snacks in School Rule into
2
California rules
Objectives (cont’d)
• Practice analyzing scenarios and
products for compliance
• Share Next Steps
3
Important Dates
August 27, 2013
• Effective date of the Smart Snacks in
School Rule
(a.k.a. USDA Interim Final Rule)
• Access to water during breakfast in the
cafeteria
October 28, 2013
• Deadline to submit comments on the
Smart Snacks in School Rule to USDA4
Important Dates (cont’d)
January 1, 2014
• Implementation of Assembly Bill 626
July 1, 2014
• Implementation of ALL provisions in the
Smart Snacks in School Rule
5
Definition of
Competitive Foods
Any food sold in schools that is
not part of the federal school
meals program
• Vending machines
• Snack bars
• School stores
• A la carte lines
• Fundraising sales
6
Healthy, Hunger-Free
Kids Act of 2010
Gives USDA authority to:
• Issue national nutrition standards for
all foods and beverages sold in
schools throughout the school day
• Eliminate unhealthy competitive
foods and beverages at the national
level
7
Smart Snacks in School
Work Together
Integrate
Mesh
Blend
Coordinate
In Conjunction
California Requirements
8
Current CA Competitive
Food & Beverage Rules
A Quick Recap…
9
Education
Code
4943049431.7
(SB 12, 965
626
AB 626)
Overall
Nutrition
Req’s
All entities
All public,
noncharter
schools
California
Code of
Regulations
15575 – 15578
Clarifies
Education
Code
15500 – 15501
Student Orgs
Overall
Nutrition
Req’s
All entities
All public,
noncharter
schools
United
States
Code
Section
204
Healthy,
HungerFree Kids
Act
School
Wellness
Policy
NSLP,
SBP, or
Special
Milk
Schools
Code of
Federal
Regulations
7CFR 210.11
Appendix B
Foods of
Minimal
Nutrition
(FMNV)
Foods &
beverages that
cannot be sold
during meal
time
NSLP, SBP,
or Special
Milk Schools
Education
Code
4943049431.7
(SB 12, 965
626
AB 626)
Overall
Nutrition
Req’s
All entities
All public,
noncharter
schools
AB 626
As of January 1, 2014
• Definition of “sold” includes order
forms AND when any part of the
exchange occurs on campus
• Streamlines timing between foods and
beverages from one-half hour before to
one-half hour after school for all foods
and beverages
• Two-percent milk no longer allowed
Education
Code
4943049431.7
(SB 12, 965
626
AB 626)
Overall
Nutrition
Req’s
All entities
All public,
noncharter
schools
AB 626
As of January 1, 2014
• Streamlines trans fat foods with other
food requirements
• Noncompliant foods/bev can be sold by
adults or students at elementary school
• Nutrition Services Division required to
monitor state competitive food and
beverage requirements
Listserv sent on December 27, 2013
Management Bulletin due out soon…
Updated QRC – AB 626
Education
Code
4943049431.7
(SB 12, 965
AB 626)
Overall
Nutrition
Req’s
All entities
All public,
noncharter
schools
California
Code of
Regulations
15575 – 15578
Clarifies
Education
Code
15500 – 15501
Student Orgs
Overall
Nutrition
Req’s
All entities
All public,
noncharter
schools
United
States
Code
Section
204
Healthy,
HungerFree Kids
Act
School
Wellness
Policy
NSLP,
SBP, or
Special
Milk
Schools
Code of
Federal
Regulations
7CFR 210.11
Smart Snacks
in School
Foods &
beverages that
cannot be sold
during the
SCHOOL
DAY
NSLP, SBP,
or Special
Milk Schools
Which schools follow which rules?
Decision Matrix
Who is selling food
or beverages
to students?
BAKE
SALE
Where is the
item being sold?
What is the food
or beverage item
being sold?
When is the
item being sold?
ACTIVITY #1
Test Your Knowledge:
Which Rules Apply?
16
Test Your Knowledge:
Which Rules Apply?
Scenario A
A student group is selling trail mix directly after
lunch outside of the cafeteria on a public
elementary school campus (on the federal school
meal program).





EC 49430-49431.7(California Law)
CCR 15575-15578 (CA Regulation)
CCR 15500-15501-student sales (CA Regulation)
Local School Wellness Policy (Federal Law)
Smart Snacks in School (Federal Regulation)
17
Test Your Knowledge:
Which Rules Apply?
Scenario B
The public high school (on the federal meal
program) Parent/Teacher Organization is selling
fruit smoothies outside of the lunchroom during
the lunch period.





EC 49430-49431.7(California Law)
CCR 15575-15578 (CA Regulation)
CCR 15500-15501-student sales (CA Regulation)
Local School Wellness Policy (Federal Law)
Smart Snacks in School (Federal Regulation)
18
Comparing USDA
Smart Snacks in
School Rule with
California
Requirements
19
Comparing USDA Smart
Snacks in School Rule with
California Requirements
DEFINITIONS
Definitions
Competitive Foods
All foods and beverages sold to
students on school campus during
the school day outside the
reimbursable meal program.
21
Definitions
School Campus
All areas of the property under the
jurisdiction of the school that are
accessible to students during the
school day.
22
Definitions
School Day
From midnight to 30 minutes after
the end of the school day.
23
Definitions
Entrée
A combination of:
• Meat/meat alternate and
whole grain rich food, or
• Fruit/vegetable and
meat/meat alternate, or
• Meat/meat alternate alone
(not yogurt, nuts, seeds,
cheese, meat snacks)
24
Comparing USDA Smart
Snacks in School Rule with
California Requirements
FOODS
Foods
Specific Nutrient Standards
Must meet standards for:
Snacks:
•Fat ≤ 35% cal
Entrées:
•Fat ≤ 35% cal
•Sat Fat < 10% cal
•Sat Fat < 10% cal
•Trans Fat < 0.5 g/svg
•Trans Fat < 0.5 g/svg
•Sugar ≤ 35% by wt
•Sugar ≤ 35% by wt
•Calories
•Calories ≤ 350 cal
– Elem ≤ 175 cal
– Mid/High ≤ 200 cal
•Sodium ≤ 230 mg
(through 6/30/16)
•Sodium ≤ 480 mg
26
Foods
General Standards
Elementary School
OPTION 1
1. Must meet applicable nutrient standards for fat,
saturated fat, trans fat, sugar, calories, sodium
AND
2. Can ONLY be a:
• Fruit
• Non-fried vegetable
• Dairy food
• Nuts, Seeds, Legumes, Eggs, Cheese (Protein)
• Whole grain-rich item
27
OR…
Foods
General Standards
Elementary School
OPTION 2
1.Must meet applicable nutrient standards for fat, saturated fat,
trans fat, sugar, calories, sodium
AND
2.Be a full meal that meets the USDA meal pattern
AND
3.Each food in the meal must:
a. Be a fruit, non-fried vegetable, dairy, protein, whole
grain food,
OR
b. Contain ≥ 10% DV for calcium, potassium, Vit D, or
dietary fiber (through 6/30/2016 only),
OR
28
c. Be a combo food containing ¼ cup fruit or vegetable.
Foods
General Standards
Middle/High School
1. Must meet applicable nutrient standards for fat,
saturated fat, trans fat, sugar, calories, sodium
AND
2. Be a fruit, vegetable, dairy, protein, whole grain
food,
OR
3. Contain ≥ 10% DV for calcium, potassium, Vit D,
or dietary fiber (through 6/30/2016 only),
OR
4. Be a combo food containing ¼ cup fruit or
29
vegetable.
Foods
Exemptions
Exempt from all standards:
No foods are exempt
from ALL standards
30
Foods
Exemptions
Exempt from fat standard:
• Reduced fat cheese
• Nuts, seeds, nut/seed butters
• Dried fruit with nuts/seeds, with no
added sugar or fat
• Fruit: fresh, frozen, canned in 100%
juice
• Non-fried vegetables: fresh, frozen,
canned
31
Foods
Exemptions
Exempt from
saturated fat standard:
• Reduced fat cheese
• Dried fruit with nuts/seeds, with no
added sugar or fat
32
Foods
Exemptions
Exempt from sugar standard:
• Fruit: fresh, frozen, canned in 100% juice
• Non-fried vegetables: fresh, frozen,
canned
• Dried fruit (can include sugar required for
processing), or vegetables
• Dried fruit with nuts/seeds, with no added33
sugar or fat
Foods
NSLP/SBP A La Carte
Exemptions
No foods are exempt from
NSLP/SBP A La Carte
Standards
Entrées served in NSLP/SBP day of or day after
must meet California entrée standards:
• ≤ 400 calories
• ≤ 4 grams of fat per 100 calories
Any other NSLP/SBP entrée or entrée sold by another entity
must meet SSIS entrée requirements.
34
Foods
Accompaniments
(condiments, spreads, etc.)
Condiments, spreads, etc.
shall be:
• Included in the nutrient profile of the item(s)
in which they are served
• Types and amounts shall be estimated or
averaged for the item(s) in which they are
provided
• Accompaniment(s) plus food item(s) must
meet applicable standards
35
Foods
USDA and CA rules working together
Can a high school sell Flaming Hot Cheetos
as a competitive food?
•
•
•
•
•
•
•
Fat ≤ 35% cal
Saturated Fat < 10% cal
Trans Fat < 0.5 g/svg
Sugar ≤ 35% by weight
Calories ≤ 200 cal
Sodium ≤ 230 mg
Whole grain food, or
Food containing ≥ 10% DV
for calcium, potassium,
vitamin D, or dietary fiber
36
ACTIVITY #2
READING FOOD
LABELS:
IS IT COMPLIANT?
37
1
≤ 35% calories from fat: Fat calories
x 100
45 x 100 = 34.6%
Calories
130
≤ 10% calories from saturated fat
9 x grams of sat fat x 100
130
9 x 0 x 100 = 0.0%
130
< 0.5 g/serving trans fat
≤ 175 calories per package/container
130 cal x 1 serving in the package = 130 cal
≤ 230 mg sodium per package/container
130 mg x 1 serving in the package = 130 mg
≤ 35% sugar by weight
grams of sugar
x 100
grams in one serving
6 x 100 = 21.4% sugar by weight
28
Whole Grain
Comparing USDA Smart
Snacks in School Rule with
California Requirements
BEVERAGES
Beverages
Elementary School
Water
Milk
• Plain
• No serving
size
•Unflavored (1%/nonfat)
•Flavored (nonfat)
•≥ 25% DV for calcium
•Vitamins A and D
•≤ 28 grams sugar per 8
fl. oz.
•≤ 8 fl. oz. serving size
40
Beverages
Elementary School
Non-dairy Milk
Juice
Per 8 fl. oz.:
•≥ 276 mg calcium
•≥ 8 g protein
•≥ 500 IU Vit A
•≥ 100 IU Vit D
•≥ 24 mg magnesium
•≥ 222 mg phosphorus
•≥ 349 mg potassium
•≥ 0.44 mg riboflavin
•≥ 1.1 mcg Vit B12
•≤ 28 grams sugar
•≤ 5 grams fat
≤ 8 fl. oz. serving size
•≥ 50% fruit/vegetable juice
•No added sweeteners
•≤ 8 fl. oz. serving size
41
Beverages
Middle School
Water
Milk
• Plain
• No serving
size
•Unflavored (1%/nonfat)
•Flavored (nonfat)
•≥ 25% DV for calcium
•Vitamins A and D
•≤ 28 grams sugar per 8
fl. oz.
•≤ 12 fl. oz. serving size
42
Beverages
Middle School
Non-dairy Milk
Juice
Per 8 fl. oz.:
•≥ 276 mg calcium
•≥ 8 g protein
•≥ 500 IU Vit A
•≥ 100 IU Vit D
•≥ 24 mg magnesium
•≥ 222 mg phosphorus
•≥ 349 mg potassium
•≥ 0.44 mg riboflavin
•≥ 1.1 mcg Vit B12
•≤ 28 grams sugar
•≤ 5 grams fat
≤ 12 fl. oz. serving size
•≥ 50% fruit/vegetable juice
•No added sweeteners
•≤ 12 fl. oz. serving size
43
Beverages
Middle School
No other beverages
allowed in Middle Schools
besides
• Water
• Milk
• Juice
44
Beverages
High School
Water
Milk
• Plain
• No serving
size
•Unflavored (1%/nonfat)
•Flavored (nonfat)
•≥ 25% DV for calcium
•Vitamins A and D
•≤ 28 grams sugar per 8
fl. oz.
•≤ 12 fl. oz. serving size
45
Beverages
High School
Non-dairy Milk
Juice
Per 8 fl. oz.:
•≥ 276 mg calcium
•≥ 8 g protein
•≥ 500 IU Vit A
•≥ 100 IU Vit D
•≥ 24 mg magnesium
•≥ 222 mg phosphorus
•≥ 349 mg potassium
•≥ 0.44 mg riboflavin
•≥ 1.1 mcg Vit B12
•≤ 28 grams sugar
•≤ 5 grams fat
≤ 12 fl. oz. serving size
•≥ 50% fruit/vegetable juice
•No added sweeteners
•≤ 12 fl. oz. serving size
46
Beverages
High School
Other Non-calorie Beverages
•Water as first ingredient
•≤ 16.8 grams added sweetener/8 fl. oz.
•10-150 mg Na+/8 fl. oz.
•10-90 mg K+/8 fl. oz.
•No added caffeine
•≤ 5 calories/8 fl. oz. (or ≤ 10 cal/20 fl. oz.)
•≤ 20 fl. oz. serving size
47
Beverages
High School
Other Low-calorie Beverages
•Water as first ingredient
•≤ 16.8 grams added sweetener/8 fl. oz.
•10-150 mg Na+/8 fl. oz.
•10-90 mg K+/8 fl. oz.
•No added caffeine
•≤ 40 calories/8 fl. oz.
•≤ 12 fl. oz. serving size
48
ACTIVITY #3
READING BEVERAGE
LABELS:
IS IT COMPLIANT?
49
100 percent juice
No added sweetener
=
Comparing USDA Smart
Snacks in School Rule with
California Requirements
FUNDRAISING
&
RECORDKEEPING
Fundraising
No exempted
fundraisers allowed
during the school day
(midnight to 30 min. after school)
52
Recordkeeping
• “The local educational agency [LEA] is
responsible for the maintenance of records
that document compliance…for all
competitive food[s and beverages]…outside
of the control of the school food authority...”
• “[T]he [LEA] is responsible for ensuring that
organizations [that sell foods and/or
beverages]…maintain records in order to
ensure and document compliance with the
[competitive food and beverage
requirements].”
53
ACTIVITY #4
PUTTING IT ALL
TOGETHER:
USING THE
QUICK REFERENCE
CARDS
54
Scenario A
A student group is
selling trail mix
directly after lunch
outside of the
cafeteria on a public
elementary school
campus
(on the federal
school meal
program).
55
Scenario A
A student group is
selling trail mix
directly after lunch
outside of the
cafeteria on a public
elementary school
campus
(on the federal
school meal
program).
56
Scenario A
A student group is
selling trail mix
directly after lunch
outside of the
cafeteria on a public
elementary school
campus
(on the federal
school meal
program).
57
Scenario A
A student group is
selling trail mix
directly after lunch
outside of the
cafeteria on a public
elementary school
campus
(on the federal
school meal
program).
58
Scenario B
The public high
school (on the federal
meal program)
Parent/Teacher
Organization is selling
fruit smoothies
outside of the
lunchroom during the
lunch period.
59
Scenario B
The public high
school (on the federal
meal program)
Parent/Teacher
Organization is
selling fruit smoothies
outside of the
lunchroom during the
lunch period.
60
Scenario B
The public high
school (on the
federal meal
program)
Parent/Teacher
Organization is
selling fruit
smoothies outside
of the lunchroom
during the lunch
period.
61
Scenario B
The public high
school (on the federal
meal program)
Parent/Teacher
Organization is selling
fruit smoothies
outside of the
lunchroom during the
lunch period.
62
What’s Next?
• Updating all resources
• Additional Communications
from NSD
• Ongoing Technical Assistance
• Training (Webinars and Faceto-Face)
63
Coming Soon…
Updated Web Resources
www.cde.ca.gov/ls/nu/he/compfoods.asp
Today’s resources represent the
most current competitive food and
beverage information.
64
Comparing USDA Smart
Snacks in School Rule with
California Requirements
QUESTIONS?
Mike Danzik, MPH, RD
Nutrition Education Consultant
mdanzik@cde.ca.gov
(916) 445-7346
Rema El-Mahmoud, BS
Child Nutrition Assistant
rel-mahmoud@cde.ca.gov
(916) 323-5757