USDA Finalizes Standards For Competitive Foods Sold In Schools And Restrictions On Food And Beverage Marketing In Schools
The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) has finalized two rules implementing requirements under the Healthy, Hunger-Free Kids Act of 2010 (HHFKA) that may affect companies that sell or market foods or beverages in schools. The final rule on “Smart Snacks in School” adopts as final, with some modifications, the nutrition standards that have been in effect for the past two years under the 2013 interim final rule (IFR). The rule codifies nutrition standards for foods and beverages sold to children on school campuses throughout the school day that are not “reimbursable foods” sold under the National School Lunch Program (NSLP) or School Breakfast Program (SBP), often referred to as “competitive foods.” Examples include foods sold on the à la carte line, in the school store, or in vending machines. USDA also is seeking public comments on potential revisions to the total fat standard under the rule, which are due September 27, 2016. The final rule on “Local School Wellness Policy” requires that any foods or beverages marketed on school campuses during the school day must meet the competitive foods standards established in the Smart Snacks in School final rule. This [below] memorandum provides a top-line summary of each rule.