0584-AE09 201610 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0584 Food and Nutrition Service FNS 0500 Department of Agriculture USDA National School Lunch and School Breakfast Programs: Nutrition Standards for All Foods Sold in School, as Required by the Healthy, Hunger-Free Kids Act of 2010

This rule codifies a provision of the Healthy, Hunger-Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 and 220. Section 208 requires the Secretary to promulgate regulations to establish science-based nutrition standards for all foods sold in schools. The nutrition standards apply to all food sold outside the school meal programs, on the school campus, and at any time during the school day.

]]> Economically Significant Previously Published in The Unified Agenda Final Rule Stage Yes State, local, or tribal governments 7 CFR 210 7 CFR 220 Pub. L. 111-296 Yes

This rule codifies the two provisions of the Healthy, Hunger-Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 and 220. Section 203 requires schools participating in the National School Lunch Program to make available to children free of charge, as nutritionally appropriate, potable water for consumption in the place where meals are served during meal service. Section 208 requires the Secretary to promulgate regulations to establish science-based nutrition standards for all foods sold in schools not later than December 13, 2011. The nutrition standards apply to all food sold outside the school meal programs, on the school campus, and at any time during the school day.

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There is no existing regulatory requirement to make water available where meals are served. Regulations at 7 CFR parts 210.11 direct State agencies and school food authorities to establish regulations necessary to control the sale of foods in competition with lunches served under the NSLP, and prohibit the sale of foods of minimal nutritional value in the food service areas during the lunch periods. The sale of other competitive foods may, at the discretion of the State agency and school food authority, be allowed in the food service area during the lunch period only if all income from the sale of such foods accrues to the benefit of the nonprofit school food service or the school or student organizations approved by the school. State agencies and school food authorities may impose additional restrictions on the sale of and income from all foods sold at any time throughout schools participating in the Program.

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Several alternatives were considered in the proposed rule that were not incorporated into the final rule. Alternatives included different options for the treatment of entrees and side dishes that are served as part of a reimburseable meal, options for establishing limits on the frequency of exempt fundraisers, options for public comment on lower-calorie beverages for high school students, and an option that considered prohibiting the sale of beverages with added caffeine to high school students.

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Expected Costs Analysis and Budgetary Effects Statement: We expect that these provisions would incur no Federal costs.

 

Although the complexity of factors that influence overall food consumption and obesity prevent us from defining a level of dietary change or disease or cost reduction that is attributable to the rule, there is evidence that standards like those in the rule will positively influence and perhaps directly improve food choices and consumption patterns that contribute to students’ long-term health and well-being, and reduce their risk for obesity.

 

 Any rule-induced benefit of healthier eating by school children would be accompanied by costs, at least in the short term.  Healthier food may be more expensive than unhealthy food either in raw materials, preparation, or both and this greater expense would be distributed among students, schools, and the food industry. 

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None known.

]]> NPRM 02/08/2013 78 FR 9530 NPRM Comment Period End 04/09/2013 Interim Final Rule 06/28/2013 78 FR 39067 Interim Final Rule Effective 08/27/2013 Interim Final Rule Comment Period End 10/28/2013 Final & Interim Final Rule 07/29/2016 81 FR 50131 Final Action 03/00/2017 Yes Governmental Jurisdictions Local State Yes No Yes No Charles Watford H. Regulatory Review Specialist 0584 Food and Nutrition Service FNS 703 605-0800 charles.watford@usda.gov 1320 Braddock Place, Alexandria VA 22314 Lynnette Thomas M. Chief, Planning and Regulatory Affairs Branch 0584 Food and Nutrition Service FNS 703 605-4782 lynnette.thomas@fns.usda.gov 3101 Park Center Drive, Alexandria VA 22302