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USDA/FNS RIN: 0584-AD59 Publication ID: Fall 2011 
Title: Nutrition Standards in the National School Lunch and School Breakfast Programs 
Abstract: Public Law 108-265 requires the Secretary to issue regulations that reflect specific recommendations for increased consumption of foods and food ingredients in school nutrition programs based on the most recent Dietary Guidelines for Americans. The current regulations require that reimbursable meals offered by schools meet the applicable recommendations of the Dietary Guidelines for Americans. This rule would revise the regulations on meal patterns and nutrition standards to ensure that school meals reflect the 2005 Dietary Guidelines for Americans (04-017). 
Agency: Department of Agriculture(USDA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 7 CFR 210    7 CFR 220   
Legal Authority: PL 108-265, sec 103   
Legal Deadline:  None

Statement of Need: This final rule will implement the requirement in section 201 of the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296) (the Act) that USDA promulgate regulations to update the meal patterns and nutrition standards for school lunches and breakfasts based on recommendations made by the Institute of Medicine (IOM). USDA issued a proposed rule on January 13, 2011. The Act requires USDA to issue interim or final regulations not later than 18 months after promulgation of the proposed regulation. This final rule will implement meal patterns and nutrition standards recommended by IOM in its report "School Meals: Building Blocks for Healthy Children." In addition, the final rule will address the comments submitted by the public in response to USDA's proposed rule.

Summary of the Legal Basis: The meal patterns and nutrition standards for school lunches and breakfast are established in 7 CFR 210.10 and 7 CFR 220.8, respectively. State agencies monitor compliance with the meal patterns and nutrition standards through program reviews authorized in 7 CFR 210.19.

Alternatives: None.

Anticipated Costs and Benefits: Expected Costs Analysis and Budgetary Effects Statement: While there are no increased Federal costs associated with implementation of this final rule, the Act provides schools that comply with the new meal requirements with an increased Federal reimbursement. The Act also provides Federal funding for training, technical assistance, certification, and oversight activities related to compliance with this rule. It is expected that the total costs of compliance with the final rule will exceed $100 million per year. Expected Benefits of the Proposed Action: The final rule is projected to make substantial improvements to the meals served daily in over 101,000 schools nationwide to more than 31 million children. It will align school meals with national nutrition guidelines and help safeguard the health of school children.

Risks: None known.

Timetable:
Action Date FR Cite
NPRM  01/13/2011  76 FR 2494   
NPRM Comment Period End  04/13/2011    
Final Action  02/00/2012    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: Yes 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
James F Herbert
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 305-2572
Email: james.herbert@fns.usda.gov