Relating Smart Snacks – The New Federal Competitive Food Rule to The NH State Competitive Food Rule

1. Relating Smart Snacks – The New Federal Competitive Food Rule to The NH State Competitive Food Rule Implementation: July 1, 2014

3. Healthy, Hunger Free Kids Act • Provided USDA authorityto 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 meal programs; • on the school campus; and • at any time during the school day. What is relationship to NH specific rules?

4. Federal Regulation and State Rule • The Federal rule or Smart Snacks will be in effect July 1, 2014. • The State rule was finalized in December of 2011 and set into law at that time. • Found within the school approval rules of the minimum standards aka: Administrative Rules. Do not offer nutrition standards, but direct the use of the USDA standards as well as the A-List or the Alliance’s list.

5. Snacks Snacks are typically found in the following areas: • A la carte in the cafeteria • in school stores • snack bars • vending machines • other venues

6. State and Local Flexibility for Federal Rules The nutrition standards included in the federal rule for all foods sold in school are minimum standards. State agencies and school districts may establish additional standards which NH has done. State or local standards must be consistent with Federal minimum standards.

7. What are competitive foods? Competitive foods: Federal Rule defines it as all food and beverages sold to students on the school campus during the school day, other than those meals reimbursed under school meals programs. State rule definition goes a bit further to include foods offered to students such as those at birthday parties.

8. Where do the standards apply? • School campus: all areas of the property under the jurisdiction of the school that are accessible to students during the school day. • Definition same for both state and federal rules.

9. When do thestandards apply? • School day definition for competitive foods only: Federal rule* - is the period from the midnight before, to 30 minutes after the end of the official school day. State Rule – is the period from bell to bell. *The federal rule trumps because it is more stringent.

10. School Stores • If a school store sells food to students, all food sold must comply with the federal nutrient standards. • The rule is not in effect for any non-food items sold. • The rule is not in effect if the school store is not open during the school day.

11. Culinary Education and Family and Consumer Science Programs • Recent USDA memo SP 40-2014 addresses Culinary Education Programs • NH Minimum Standards for both • No impact if programs do not sell food to students. • USDA nutrient standards apply to any program that sells competitively to students.

12. Nutrition standards for foods in Smart Snacks

13. Standards for Foods • Federal Rules: • Apply to All Grade Levels • Include General Standards and Specific Nutrient Standards • Exemptions to Nutrient Standards for Specific Foods • Allow broader exemptions for fruits and vegetables and some NSLP/SBP foods • State Rules follow Federal rules and refer to USDA standards along with the A-List and the Alliance for Healthier Generation list. These lists offer foods and beverages that follow the USDA standards.

14. First Tier for Federal Smart Snack Standard • Be a whole grain rich product; OR • Have as the first ingredient, a fruit, vegetable, dairy product or protein food (meat, beans, poultry, etc.); OR • Be a “combination food” with at least ¼ cup fruit and/or vegetable; OR • Contain 10% of the Daily Value of one nutrient of public health concern (only through June 30, 2016) • Calcium, potassium, vitamin D, dietary fiber

15. Smart Snack Whole Grain Rich Definition (1) Be a whole grain rich product • Grain products must include 50% or more whole grains by weight or have a whole grain as the first ingredient. • Consistent with NSLP meal pattern standards and the HUSSC whole grain requirement. • Practical considered so because it can be easily identified by reading a product label.

16. Comparison to NSLP/SBP Requirements in Smart Snacks Competitive Foods School Meals Crediting of the grain portion of the food item • Allowability of the food item

17. DGA Major Food Groups and Relationship to the Smart Snacks (2) Relates back to the Dietary Guidelines for Americans (DGA) and states: have as the first ingredient a fruit, vegetable, dairy product or protein food (meat, beans, poultry, etc.)

18. Combination Foods and Smart Snacks (3) Be a “combination food” with at least ¼ cup fruit and/or vegetable • Combination foods means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein or grains. • Examples of such foods include yogurt and fruit, hummus and vegetables, fruit cobbler with whole grain rich crust, etc.

19. Nutrients of Public Health Concern Phased-In Approach: (4) Through June 30, 2016, foods that contain 10% of the Daily Value of one nutrient of public health concern (i.e., calcium, potassium, vitamin D, or dietary fiber) • Effective July 1, 2016, this criterion is removed based on DGA language that encourages least processed foods. • Allowable competitive foods must be food group based after that date and gives industry time to reformulate product from a non-natural nutrient state to a more naturally occurring nutrient state.

20. Second Tier-Federal Nutrient Standards • The food must meet all second tier nutrient standards • Total Fat • Saturated Fat • Trans Fat • Sodium • Calories • Total Sugar

21. Accompaniments in Smart Snacks • Must be included in nutrient profile as a part of item served • Examples include: • Salad dressings • Butter or jelly on toast • Cream cheese on bagels • Garnishes, etc. • No pre-portioning required – may determine average portion

22. Total Fat Standard in Smart Snacks • ≤35% of total calories from fat per item as packaged/served • Exemptions include: • Reduced fat cheese; • Nuts and seeds and nut/seed butters; • Dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat; • Seafood with no added fat; and • Part-skim mozzarella

23. <10% of total calories per • item as packaged/served. • Exemptions for: reduced fat • cheese, part-skim mozzarella; • Nuts, seeds and nut/seed butters; • Dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat. Saturated Fat Trans Fat • Zero grams of trans fat per portion as packaged/served • (< 0.5 g)

24. Calculating fat/sat fat calories • Multiply grams of fat or saturated fat by 9 • This will give you fat calories • Fat calories/total calories = % calories from fat

25. Definition of Entrée under Smart Snacks • Entrée item means an item that is either: • A combination food of meat/meat alternate and whole grain rich food; or • A combination food of vegetable or fruit and meat/meat alternate; or • A meat/meat alternate alone, with the exception of yogurt, low-fat or reduced fat cheese, nuts, seeds and nut or seed butters and meat snacks (such as dried beef jerky and meat sticks). • USDA memo SP 35-2014 addresses grain entrees.

26. Sodium Standard for Smart Snacks • Entrée items that do not meet NSLP/SBP exemptions: ≤480 mg sodium per item • Snack and side items: • ≤230 mg (until June 30, 2016) • ≤200 mg (after July 1, 2016)

27. Calories Standard for Smart Snacks • Entrée items that do not meet NSLP/SBP exemption: • ≤350 calories • Snack items/Side dishes: • ≤200 calories per item

28. Total Sugars Standard for Smart Snacks ≤ 35% of weight from total sugars per item

29. Sugar Exemptions in Smart Snacks • Dried/dehydrated fruits or vegetables (no added nutritive sweeteners) • Dried fruits with nutritive sweeteners for processing and/or palatability (e.g., dried cranberries, tart cherries, and blueberries) • Exempt dried fruit with only nuts/seeds (no added nutritive sweeteners or fat)

30. Yogurt: Sugar Exemption in Smart Snacks • The original proposed rule contained a sugar exemption for yogurt, but it has been removed • Not necessary with the sugar by weight standard • Most yogurts available meet the requirement that total sugar represent ≤35 percent of the weight of the product.

31. Divide the total grams of sugar by the total gram weight of one serving 17.26 = 25% 68 Calculating % weight of sugar

32. Product Calculator www.healthiergeneration.org/smartsnacks

33. Exemptions from General Nutrition Standards for Food in Smart Snacks

34. Fruit and Vegetable Exemption in Smart Snacks The following are exempt from meeting all federal nutrient standards: • Fresh, frozen and canned fruit packed in water, 100 percent juice, light syrup or extra light syrup • Fresh, frozen and canned vegetables with no added ingredients except water • Canned vegetables with small amount of sugar for processing purposes

35. NSLP/SBP Entrée Exemption in Smart Snacks • Exemptions for entrée items only • Side dishes sold as competitive food must meet all standards • Entrée exemption for the day of service and the school day after

36. Beverage Standards in Smart Snacks

37. Standards for Beverages in Smart Snacks • Vary by Grade Level • Identify Specific Types of Beverages Allowed • Address Container Size

38. Beverages for All Grade Levels • Water • Milk • Juice

39. Beverages for All - Water • Plain water, carbonated or noncarbonated • No size limit • Elementary Schools and Middle Schools • ALLOWED – water with fluoride or minerals • NOT ALLOWED – water with additives, natural or other flavors or sweeteners • High Schools discussed in subsequent slide

40. Beverages for All - Milk • Unflavored nonfat and low-fat milk • Flavored nonfat milk • Includes nutritionally equivalent milk alternatives as permitted in school meals programs. • Maximum serving sizes: • 8 fluid ounces in elementary school • 12 fluid ounces in middle and high schools

41. Beverages for All - Juice • 100% fruit and/or vegetable juice • 100% juice diluted with water (carbonated or noncarbonated) – no added sweeteners • Maximum serving sizes • 8 fluid ounces in elementary school • 12 fluid ounces in middle and high schools

42. Beverages For All *Includes nutritionally equivalent milk alternatives, as permitted by NSLP/SBP **May include 100% juice diluted with water (with or without carbonation) & with no added sweeteners.

43. Other Beverages in High School Calorie-Free Beverages: Maximum Serving Size 20 fluid ounces • Calorie-free flavored water, with or without carbonation • Other “calorie-free” beverages with less than 5 calories per 8 fluid ounces, or up to 10 calories per 20 fluid ounces.

44. Other Beverages in High School Lower-Calorie Beverages - Maximum Serving Size 12 fluid ounces • Up to 60 calories per 12 fluid ounces; or • Up to 40 calories per 8 fluid ounces

45. No “Time and Place” Restriction No restriction on the sale of any allowable beverage at any grade level, during the school day anywhere on the school campus.

46. Caffeine in Smart Snacks High School: No caffeine restrictions. • Elementary/Middle School: • Foods and beverages must be caffeine-free, with the exception of trace amounts of naturally- occurring caffeine substances.

47. Fundraisers in federal and state rule

48. Fundraisers • All foods that meet the regulatory standards may be sold at fundraisers on the school campus during school hours. • The standards would not apply to items sold during non-school hours, weekends, or off-campus fundraising events.

49. Fundraiser Exemption and State Rule • Due to the State Administrative Rule, NH will not exempt a limited number of fundraisers that do not meet the nutrition standards. Thus we have zero exemptions. • School districts may institute additional standards. • Note: Even if there were exempt fundraiser foods or beverages, none of these may be sold in competition with school meals in the food service area during the meal service.

50. Foods of Minimal Nutritional Value • Provisions related to Foods of Minimal Nutritional Value remain in place until the July 1, 2014 implementation date of the competitive food standards. • USDA memo SP 36-2014 addresses fundraisers