Foods Sold in Schools, aka - Colorado Department of Education

All Foods Sold in Schools, aka
“Smart Snacks” Implementation
Guidance for July 1, 2014 Implementation of: Nutrition Standards for
All Foods Sold in School as Required by the Healthy, Hunger-Free Kids
Act of 2010
Created by:
Colorado Department of Education Office of School Nutrition April 2014
The School Nutrition Environment
Improving the nutritional profile of all
foods sold in school is critical to:
Improving diet and overall health of American
Ensuring children from all income levels adopt
healthful eating habits that will enable them to live
productive lives; and
Helping children make healthier choices and reduce
their risk of obesity.
Healthy, Hunger-Free Kids Act
 Gave USDA authority to establish nutrition standards for all foods
and beverages sold outside of the Federal child nutrition programs in
 The law specifies that the nutrition standards shall apply to all foods
 Outside the school meals programs;
 On the school campus; and
 At any time during the school day.
The Smart Snacks Rule Timeline
• February 2013
Proposed Rule
Interim Final
• Published June 2013
• Formal 120 day
comment period –
• Implementation date:
July 1, 2014
• USDA requests
feedback on interim
final rule before
publishing a final rule
Regulations Guiding CO Implementation
Smart Snack
Effective July 1, 2014
CO Healthy
Beverages Policy
Effective July 1, 2009
CO Competitive
Foodservice Policy
Nutrition Standards for All Foods Sold in School as Required by the Healthy,
Hunger-Free Kids Act of 2010, Aka, “Smart Snacks”
Standards for All Foods Sold
The nutrition standards apply to all foods
sold to students:
 Outside the school meals programs;
 On the school campus; and
 At any time during the school day
Applies to foods sold:
A la carte items
In school stores
At snack bars
In vending machines
For fundraising (i.e. bake
Does not apply to foods:
Brought from home
Fundraisers that occur outside of
Birthday/Classroom celebrations
Sold in areas in which students
have restricted access
Sold as part of the reimbursable
breakfast or lunch meals
General Food Standards
To be allowable for sale, a food item first must meet one of the
following general standards:
Be a whole grain-rich grain product
The first ingredient is either a fruit, vegetable, dairy, or protein
Be a combination food that contains at least ¼ cup fruit or
Contains 10% DV for calcium, potassium, vitamin D, or dietary
Nutrient Standards
Then, ensure the food(s) as packaged and sold meet the nutritional
criteria for all of these nutrients:
Total Calories
• Snack Items: ≤ 200 calories
• Entrée Items: ≤ 350 calories
• Total fat (≤ 35% of calories from total fat)
• Saturated fat (<10% of calories from saturated fat)
• Trans fat (0 grams of trans fat)
• Snack items: ≤ 230 mg
• Entrée items: ≤ 480 mg
• ≤35 % weight from total sugars in foods
The LEA and Food Fundraisers at school
Food-based fundraisers intended to be sold to students and consumed on
campus must meet the Smart Snacks food and nutrient standards
Based on feedback from school food service directors statewide, the Colorado
Department of Education Office of School Nutrition has established up to
three exemptions per school building for school year 2014-2015.
LEAs should include in their wellness policies standards for fundraisers and
foods available for purchase
Fundraising activities that take place outside of school are exempt from
meeting the nutrition standards.
Beverage Standards
Ensure all beverages sold to students meet the
Colorado Healthy Beverages Policy
 Most of Colorado’s state-based requirements are stricter than the minimum requirements set
forth in the federal Smart Snack regulation
 Beverage Standards apply to the extended school day as defined in state statute
 Standards do not apply to beverages sold during school-related events where parents are a
significant part of the audience
Fat free or low fat
100% Juice
≤150 cal/8oz
≤120 cal/8oz
Not allowed
Not allowed
≤150 cal/8oz
≤120 cal/8oz
Not allowed
Not allowed
High School
≤150 cal/8oz
≤5 cal/8oz or
≤10 cal/20oz*
≤40 cal/8oz or
Diet soda not allowed
* Smart Snacks requirement
Colorado Competitive Food Service Policy
1 CCR 301-3
Ensure all food sales are in compliance with the
Colorado Competitive Food Service Policy
 Colorado’s state-based competitive food service requirements are stricter than the minimum
requirements set forth in the federal Smart Snack regulation.
203.01 – In those schools participating in the School Breakfast and/or National School Lunch
program(s), competitive food service is any food or beverage service available to students that is
separate and apart from the district’s nonprofit federally reimbursed foodservice program, and is
operated by school approved organizations, school staff or by school-approved outside vendors
203.02 – Such competitive food service shall not operate in competition with the district’s
foodservice program, and shall be closed for a period beginning one half hour to and remain closed
until one half hour after the last regular scheduled school lunch and/or school breakfast period on
the campus where the school lunch and/or school breakfast is served.
Ensuring Compliance with Competitive
Food Services Rules
Q.) Does the school allow food and beverages sales to students, other than the Federal
Breakfast and Lunch Programs, that occur on the school campus, during the school day, where
revenue does not accrue to the non-profit food service account? Examples: vending machines,
school stores, snack bars, food-based fundraisers (bake sales, pizza sales), etc.?
If no, then competitive food service is not occurring.
If Yes:
1. Sales must not occur from a period beginning ½ prior to
and remain closed for ½ hour after the scheduled
reimbursable meal service time; and
2. Every food and beverage sold must meet federal “Smart
Snack” food and nutrient standards. Every beverage sold
must also be in compliance with the Colorado Healthy
Beverages Policy
Local Educational Agency Must:
School Food Authority Must:
• Establish policies and procedures
necessary to ensure compliance
• Maintain records and document
compliance for all competitive
food available for sale to students
in areas under its jurisdiction and
outside of SFA control
• Ensure organizations responsible
for food service maintain records
and ensure compliance
• Maintain records documenting
compliance with these foods sold
under the umbrella of the nonprofit
school food service
References and Resources
 Healthy, Hunger-Free Kids Act
 Regulations Guiding Colorado’s Implementation
 Federal Smart Snacks Policy
 Alliance for a Healthier Generation Smart Snacks Calculator
 Federal Food-Fundraiser Fact Sheet
Questions and Answers Related to the Smart Snacks Interim Final Rule
Contact the CDE OSN with any questions or concerns:
303-866-6661 or email [email protected]
The U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race,
color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental
status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in
employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or
employment activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Complaint Form, found online at, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter
containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture,
Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at
[email protected] Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at
(800) 877-8339; or (800) 845-6136 (Spanish) USDA is an equal opportunity provider and employer.

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