Questions and Answers

Questions and Answers
Smart Snacks in School, Colorado Competitive Foodservice
And Colorado Healthy Beverage Policies
1. Q: Do the competitive food and beverage rules apply to teacher’s lounges and other staff areas
such as class rooms?
A: The Smart Snacks in School rule states “to the extent that teacher’s lounges and other similar
areas are restricted areas not accessible to students, the competitive food standards in this rule
would not apply to foods sold in those areas.” (7 CFR Parts 210 and 220)
2. Q: Are food and beverage fundraisers that are sold with an order form at school with no money
exchanged or products distributed, included in the fundraiser requirements?
A: Smart Snack in School food and nutrition standards include food and beverage fundraisers
sold during the school day, on the school campus. Fundraisers in which food or beverages are
ordered (not sold) in which neither money nor product is exchanged do not fall under the Smart
Snacks rules. If money is exchanged this technically would be considered “sold” and not be
Allowable: Students distribute order forms for food during the school day on the school
campus, but money and food are exchanged on weekends, after the school day, or not
on the school campus.
3. Q: Does the Smart Snack in School Rule apply to foods brought from home?
A: 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, foods at an afterschool sporting event and foods brought from home are not subject
to these standards.
4. Q: How will the foods provided as part of the school meal, but sold separately as a la carte
items, be affected by these standards?
A: The new standards exempt individual entrée items offered as part of lunch or breakfast from
all competitive food standards when sold a la carte the day of or day after they are served as
part of a reimbursable meal.
5. Q: Are side dishes served a la carte exempt from competitive food rules?
A: No, entrée items that are served on the same day the entrée item is served in the NSLP/SBP
and the following day are exempt [from the nutrient standards] but not side dishes.
6. Q: My school has its own standards for snack foods sold in schools. How will they be affected
by the USDA Final Rule?
A: The new standards are the minimum requirements for schools. States and schools that have
stronger standards will be able to maintain their own policies.
7. Q: My district had a waiver regarding competitive foods that has been in place for several years.
With the new standards, is this waiver still valid?
A: No, beginning SY 14-15 all school districts participating in the NSLP and SBP will need to
follow all federal and state competitive food regulations and any previous waivers will be null
and void.
Q: What is meant by “extended school day” in the Healthy Beverage Policy? Does this apply to
foods as well as beverages?
A: Extended school day means the regular hours of operation plus any time spent by students
after the regular hours of operation for any purpose, including but not limited to participation in
extracurricular activities of childcare programs (clubs, band, student government, sports, etc.)
School related events where parents and other adults are a significant part of the audience are
exempt from these rules. This wording is only captured in the Colorado Healthy Beverage Policy
and does not apply to competitive food sales. Competitive food sales must follow the Smart
Snacks in School requirement of 30 minutes after the end of the official school day.
9. Q: Where can I find a list of approved Smart Snacks?
A: USDA has approved the Alliance for a Healthier Generation Calculator and Product Navigator
which can be found on the Alliance for a Healthier Generation website at:
10. Q: Where can I find information on non-food fundraisers?
A: Here are a few helpful resources.
a. Colorado Legacy Foundations’ resource:
Fundraiser Fact Sheet
b. Center for Science in the Public Interest’s resources:
Fundraising Options Available to Schools
Sweet Deals: School Fundraising Can Be Healthy and Profitable
11. Q: One of our schools has a teacher that provides unhealthy snacks to students as a reward for
good behavior. Do the competitive food standards apply in this situation?
A: No, competitive food standards only apply to foods and beverages sold to students on the
school campus, during the school day. Foods and beverages provided by teachers or other
groups are not under competitive food regulations. But each district should review their local
school wellness policy to see if there are guidelines around what types of food and beverages
can be provided or given to students during the school day.