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USDA/FNS RIN: 0584-AE09 Publication ID: Fall 2016 
Title: 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 
Abstract:

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.

 
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: State, local, or tribal governments 
EO 13771 Designation: uncollected 
CFR Citation: 7 CFR 210    7 CFR 220   
Legal Authority: Pub. L. 111-296   
Legal Deadline:  None

Statement of Need:

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.

Summary of the Legal Basis:

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.

Alternatives:

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.

Anticipated Costs and Benefits:

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. 

Risks:

None known.

Timetable:
Action Date FR Cite
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 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Local, State 
Small Entities Affected: Governmental Jurisdictions  Federalism: Yes 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Charles H. Watford
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
1320 Braddock Place,
Alexandria, VA 22314
Phone:703 605-0800
Email: charles.watford@usda.gov

Lynnette M. Thomas
Chief, Planning and Regulatory Affairs Branch
Department of Agriculture
Food and Nutrition Service
3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 605-4782
Email: lynnette.thomas@fns.usda.gov