“Smart Snacks”

An Overview of the ImplementationProcess for Schools and Local

Stakeholders

March 6, 2015

Presenter

South Carolina Department of EducationOffice of Nutrition Programs

1429 Senate StreetColumbia, SC 29201

803.734.8188www.ed.sc.gov

Objectives

• Increase awareness of new federal“competitive foods” guidelines.

• Identify the current impact on districts andindividual schools.

• Increase awareness of expectationsregarding exempt fundraisers.

Discussion Topics

What If…Age-GradeNutrition

Standards

LegalAuthority

TheBottomLine…

MajorChanges

ExemptFundraisers

AdditionalConsiderations

UniversalTime & Place

Standards

Statutory & Regulatory Authority

• Healthy, Hunger-Free Kids Act of2010 (Public Law 111-296 & 7 CFRParts 210-220)

• USDA “Nutrition Standards for AllFoods Sold in Schools” (a.k.a.“Smart Snacks”) Interim Final Rule(IFR), effective 7/1/2014

• SC Department of Education PolicyMemo on Exempt Fundraisers,effective 1/22/2015

Major Changes

• Repeal of “Foods of Minimal NutritionalValue” guidelines and location-specific“time-and-place” guidelines

• New age-grade specific nutrition standards

• Universal “time-and-place” guidelines affecting ALLfoods and beverages sold on school campuses

• Nutritional documentation must be maintained for ALLitems sold in all schools - - subject to audit.

• Limited exceptions for infrequent food-basedfundraisers that do not meet federal standards

Age-Grade Nutrition Standards

• Mirror standards recentlyimplemented for schoolcafeteria programs

• 3 categories: K-5, 6-8, and 9-12

• http://www.fns.usda.gov/school-meals/smart-snacks-school

Is a Product Smart SnacksCompliant?

Use the Smart Snacks Calculator

http://rdp.healthiergeneration.org/calc/calculator

New UniversalTime-&-Place Standards

• The entire school campus…parking lots, drop-off/pick-up lines, school stores, vendingmachines, cafeteria, on-site food-basedfundraisers, canteens, concession stands, outsidevendors, booster clubs…

• The entire school day,from midnight the eveningbefore through30 minutes after the lastdismissal bell

Additional Considerations

• States, districts, & schools may implement additionalstandards so long as they are not inconsistent with theSmart Snacks IFR.

• Food sold by culinary arts programs or othercurriculum offerings is subject to Smart Snacksstandards.

• Local wellness policies may need to be updated.

• Cafeteria staff can’t be responsible for paperwork.

• The IFR is subject to change…

The Bottom Line…

• Any compliant food/beverage canbe sold anywhere at any time.

• Non-compliant food/beverages can only be soldoutside of time-and-place standards… unless itmeets exempt fundraiser status.

• Teacher lounges and other “adults-only” areas areexempt.

The Bottom Line…Continued

• No prohibitions on foods that are“served” and not “sold”…personalconsumption, classroom parties,etc.

• No prohibitions on foods sold foroff-site consumption…bulkquantities, cookie dough, pizza kits,etc.

What If…

A PTO wants to provide slushees…

• The PTO wants to sell them…

• The PTO wants to give them away, but solicitsdonations during the giveaway…

• The PTO gives them away using existing PTOfunds…

• The PTO sells advance tickets or coupons…

• The PTO wants to sell them…

They have to meet SS guidelines unlessit’s an exempt fundraiser.

• The PTO wants to give them away, but solicitsdonations during the giveaway…

They have to meet SS guidelines unlessit’s an exempt fundraiser.

• The PTO gives them away using existing PTOfunds…

They do not have to meet SS guidelines.

• The PTO sells advance tickets or coupons…

They have to meet SS guidelines unlessit’s an exempt fundraiser.

How Do You Decide?

• What are the threequestions you should askBEFORE analyzing any ofthe situations previouslyreferenced?

How Do You Decide?

1. Is the product in compliance with localwellness policies?

2. Will the product be “sold” for consumptionduring the “school day” on the “schoolcampus”?

3. Is the product SS compliant?

Exempt Fundraisers

• States may establish exemptionsfor a limited number of infrequentfood-based fundraisers that do notmeet Smart Snacks standards.

• On 1/22/15, the State Superintendent of Educationissued a policy memo allowing up to 30 exemptfundraisers (during the school day on the schoolcampus) per school per year.

• A school may request a waiver for additional exemptfundraisers.

Important Notes

• Fundraisers that do not involve food arenot subject to any of these requirements.

• Food-based fundraisers intended for off-site consumption (bulk quantities, cookiedough, pizza kits, etc.) are not subject toany of these requirements.

Implementation Schedule

School Year # of Exemptions Duration

Balance of 2014–15 13 3 days

2015–16 30 3 days

2016–17 30 2 days

2017–18 & Thereafter 30 1 day

Federal Requirements

• An exempt fundraiser must be consistent with thedistrict and/or school’s wellness policies.

• A canteen, vending machine, or school store can’tqualify as an exempt fundraiser.

• An exempt fundraiser can’t be sold in the “foodservice area” (where school meals are prepared,served, or consumed) during breakfast or lunch.This includes a commons area if students areexpected to eat there.

Recordkeeping Requirements

• Individual Exempt Fundraiser Checklist

• Annual School-Based Exempt FundraiserSummary Report

• Retain for the current school year and the next 3school years

• Managed by the principal, not cafeteria staff

• Subject to state and federal audits