School Meal Programs Lessons Learned

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1 School Meal Programs Lessons Learned Presentation to Institute of Medicine Food and Nutrition Board Committee on Nutrition Standards in Schools April 21,

2 Child Nutrition Division Stanley Garnett, Director Robert Eadie, Chief, Policy and Program Development Branch Clare Miller, MS, RD, Senior Nutritionist 2

3 Nutrition Standards for Foods in Schools Competitive Foods and Foods of Minimal Nutritional Value 3

4 1970 Legislation Public Law Authorized USDA to regulate foods sold in competition with the meals programs 1970 Regulation Competitive foods sold in cafeterias during meal periods must be able to contribute to reimbursable meals Revenue from competitive food sales go to the nonprofit food service account Food sales elsewhere in the school can t occur at times and places that compete with the nonprofit lunch program 4

5 1972 Legislation Public Law Restricted the Department s regulatory power Permitted revenue from competitive foods to accrue to: school to approved school organizations or food service account 1973 Regulation Implemented the revenue provisions of the law Directed State agencies to establish regulations and instructions, as needed, to control the sale of competitive foods 5

6 1977 Legislation Public Law Due to increased concerns about inconsistent State regulations, Congress amended the law to stipulate that the sale of competitive foods was subject to approval by the Secretary Proposed Rule USDA proposed rule to prohibit sale of foods in 4 categories: candy, soda water frozen desserts chewing gum Sales of these items was prohibited throughout the school until after the last lunch period These items didn t make a positive nutritional contribution to children s diets, dietary habits and appetites 6

7 Response to 1978 Proposal USDA received over 2,100 comments: 80% in favor; Of those, 40% wanted the list of prohibited foods expanded and/or the time restrictions extended. USDA withdrew the rule to consider strengthening the rule and to provide additional opportunity for comprehensive public participation in the rulemaking process USDA then held a series of public meetings 7

8 Additional Input In response to the notice, USDA received 4,200 comments About 40% recommended additional restrictions. 8

9 USDA s Actions USDA reviewed studies that indicated that snacks frequently contain mostly fats and sugars Convened a meeting of USDA nutritionists Contracted with 3 universities to secure nutrient density information on a wide variety of foods Consulted with other government agencies. 9

10 1979 Re-Proposal Proposed to prohibit the sale of the same foods from the 1978 proposal: candy soda water frozen desserts chewing gum Chosen because virtually all foods in those categories provide less than 5 percent of the RDA for eight important nutrients 10

11 Nutrients protein vitamin A vitamin C niacin riboflavin thiamin calcium iron 11

12 Why USDA Chose this Method The categorical approach to classifying food items as foods of minimal nutritional value (FMNV) was adopted because it is not administratively feasible to make individual determinations on thousands of food items. 12

13 Exemptions The regulation also proposed a procedure whereby manufacturers could petition USDA to have their product excluded from the FMNV by demonstrating that the specific item provides at least 5 percent of the RDA for any one of the above nutrients 13

14 Final Rule January, 1980 Over 3,000 comments received The final rule prohibited the sale of foods that belong to one of the four categories anywhere in the school until the end of the last lunch period Rule was effective July 1,

15 Post Publication January 1980: Community and Nutrition Institute (CNI) challenged the issuance of final regulations on grounds of not being restrictive enough May 1980: National Soft Drink Association (NSDA) challenged the regulations as arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law, requesting the court to issue a preliminary injunction on implementation of the rule 15

16 Judicial Actions June 1980 U.S. District court consolidated these cases, denied the request for a preliminary injunction dismissed both actions NSDA appealed the decision to the D.C. Court of Appeals. 16

17 School District Challenges In August, 1980: A school district in Little Rock, Arkansas challenged the rule by offering free carbonated beverages which students could choose instead of milk USDA attempted to restrict the practice Pulaski County School District filed suit against the Department. Court ruled in the district s favor; final regulation only prohibited the sale of competitive foods. 17

18 Court Decisions 1983: U.S. Court of Appeals overturned time and place portions of the rule In response to the appeal filed by the NSDA, the Court of Appeals ruled that the Congressional intent was to prohibit the restricted foods only in the foodservice areas during the meal periods 18

19 Proposed Rule Responding to Court Decision March 1984, proposal: established four categories of FMNV (soda water, water ices, chewing gum and certain candies) prohibits the sale of FMNV in the foodservice areas during meal periods; and States and local school districts may impose additional restrictions. May 1985: Final Rule Published substantially as proposed. 19

20 Exemptions As industry reformulates products and develops new products, the number of petitions for exemptions for FMNV has increased 1996: 5 companies and 27 items 2000: 12 companies and 61 items 2005: 22 companies and 113 items 20

21 Lessons Learned School meals programs evolved from feeding programs to programs that encourage children to choose healthful foods Required and allowable food items needed to be updated in light of nutrition standards and food technology and issues like the obesity epidemic School meals can play important role in nutrition education by example 21

22 Requirements for a Local Wellness Policy Section 204 of the CN Reauthorization Act requires LEAs that participate in a program authorized by the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966 to establish a local wellness policy for schools under the LEA. Not later than the first day of school beginning after June 30,

23 Section 204 of the CN Reauthorization Act Local Wellness Policy Reaches beyond USDA-funded meal programs to influence childhood health Puts responsibility at the local level 23

designed to promote student wellness Nutrition guidelines for all foods available during

24 School Wellness Policy Provisions Must contain the following components: Appropriate goals for nutrition education, physical activity and other school based activities designed to promote student wellness Nutrition guidelines for all foods available during the school day, with the objectives of promoting student health and reducing childhood overweight 24

25 School Wellness Policy Provisions, Cont d. Assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture A plan for measuring implementation of the school wellness policy, including designation of at least one person to maintain responsibility for program operation 25

26 School Wellness Policy Provisions Required involvement Parents Students Representatives of the SFA Representatives of the School board School administrators Members of the public 26

27 Local Wellness Policies Affect on Competitive Foods Local wellness policies required for each school district Policies are strictly local In addition, more than 25 States have their own policies Industry concerned with so many different policies potential deterrent to product sales 27

28 School Meals Offer a Tool to Encourage Healthy Eating School meal programs provide breakfasts, lunches, and snacks in schools to ensure that nutritious foods are available. These meals are designed to meet national standards based on the Dietary Guidelines for Americans. School meals are improving More than 80% of schools in NSLP offer choices that meet the Dietary Guidelines for Americans. 1 School Nutrition Dietary Assessment II,

29 The School Meals Initiative 1 Current Regulations Lunches must provide 1/3 of the RDA for protein, calcium, iron, vitamin A, and vitamin C and provide 1/3 of the calories needed for a growing child. Breakfasts must provide ¼ of the RDA for the same nutrients and ¼ of the calories needed for a growing child. School meals must meet the recommendations of the Dietary Guidelines, including limits of calories from fat (30%) and saturated fat (less than 10%), reduction of cholesterol, moderate use of sugar and sodium; and increased consumption of fiber. Compliance is determined by averaging the nutrients for a school week. 1 for children aged 2 and older 29

30 Nutritional Contribution of School Meals Higher intake of milk Higher intake of fruits and vegetables Less soda and fruit-flavored drinks Fewer calories from fat and saturated fat 30

31 Changing Nutrition Guidelines 31

32 2005 Dietary Implications for School Meals More dark green vegetables orange vegetables legumes fruits whole grains low-fat milk and milk products Less refined grains total fats cholesterol saturated fats trans fats added sugars sodium 32

33 FNS Internal Working Group Currently reviewing and analyzing existing school meal patterns and nutrient targets in comparison to recommendations of the DG and DRIs Policy recommendations will be made Rules will be promulgated as necessary 33

34 The Regulatory Process Proposed rule developed Extensive clearing within the Dept. & OMB Proposed rule published Comment period Final rule published 34

35 Development of Nutrition Standards for Individual Foods Lessons Learned 35

36 Challenges of Helping Kids Stay Healthy Children are subject to innumerable influences in their environment as they learn and grow into adulthood. 36

Student Access to Competitive Foods and Beverages in Schools Schools with vending machines or a school store 98% of senior high 74% of middle/ junior high schools 43%

37 Student Access to Competitive Foods and Beverages in Schools Schools with vending machines or a school store 98% of senior high 74% of middle/ junior high schools 43% of elementary schools 10% of elementary, 27% of middle/junior high, and 56% of senior high schools have both Source: CDC, School Health Policies and Programs Study

USDA studies indicate that student participation in

38 Schools have developed an overreliance on a la carte food sales to support non-profit child nutrition programs. USDA studies indicate that student participation in school meals is inversely related to amount of a la carte sales 38

39 Healthy People 2010 Schools have more influence on the lives of young people than any other social institution except the family, and provide a setting in which friendship networks develop, socialization occurs, and norms that govern behavior are developed and reinforced. 39

40 Nutrition Standards for Individual Foods vs. School Meals 40

USDA s HealthierUS School Challenge To recognize a school s

By taking a leadership role in making changes in their total school

served; Providing students with more nutritious, healthy food and

41 USDA s HealthierUS School Challenge To recognize a school s commitment to the health and well being of its students. By taking a leadership role in making changes in their total school nutrition environment: Improving nutritional quality of the meals served; Providing students with more nutritious, healthy food and beverage choices; and Providing opportunities for nutrition education & physical activity 41

42 Lessons Learned Review of State developed models North Carolina California Texas 42

43 What is important? Standards should be: Clear, not vague Simple and practical for schools to implement Use of FDA Nutrition Facts Label for commercial items No nutrient analysis required for a la carte items prepared from scratch Categorical approach for simplicity of implementation and monitoring 43

44 Healthier US School Challenge Nutrition Standards for Other Foods and Beverages Any fruit or non-fried vegetable Reduced fat, lowfat, and nonfat milk 100% full-strength fruit and vegetable juice Water Any other food or beverage 35% of calories from fat 10% of calories from saturated fat 35% total sugar, by weight Portion for a la carte sales not to exceed NSLP portion; vended package or container not to exceed 200 calories 44

45 Questions? 45

Pawnee Public Schools. Wellness Policy

Pawnee Public Schools. Wellness Policy CHILD NUTRITION AND PHYSICAL FITNESS PROGRAM The Pawnee Board of Education recognizes that childhood obesity has reached epidemic levels throughout the country. Overweight children are at a higher risk