Cover Note From: ACDA Lobbyist, Roger Szemraj

USDA put out the following release November 29, 2017. The rule is scheduled to be published in tomorrow’s Federal Register with a 60 day comment period. It is to be effective July 1, 2018.

In summary, the flexibilities provided by this interim final rule for SY 2018-2019 are the following:

• This rule allows Program operators in the NSLP, SBP, SMP, and CACFP (the Child Nutrition Programs (CNPs)) the option to offer flavored, low-fat (1 percent fat) milk as part of a reimbursable meal for students in grades K through 12, and for SMP and CACFP participants 6 years of age and older. Schools may also offer flavored, low-fat milk as a competitive beverage for sale. This optional flexibility expands the variety of milk in the CNPs and may encourage children’s consumption of fluid milk nationwide.
  
• This rule allows State agencies to continue granting an SFA’s exemption request to use specific alternative grain products if the SFA can demonstrate hardship(s) in procuring, preparing, or serving specific products that are acceptable to students and compliant with the whole grain-rich requirement. This rule responds to challenges experienced by some SFAs with the purchase, preparation, or service of products that comply with the whole grain-rich requirement in the NSLP and SBP.
  
• This rule retains Sodium Target 1 as the regulatory limit in the NSLP and SBP through the end of SY 2018-2019. Currently, USDA anticipates retaining Target 1 in the final rule through at least the end of SY 2020-2021 to provide SFAs more time to procure and introduce lower sodium food products, allow food industry more time for product development and reformulation, and give students more time to adjust to school meals with lower sodium content. Also, USDA anticipates that the sodium requirement will continue to be reevaluated for consistency with the Dietary Guidelines, which are updated every five years, and in response to Congressional action, as appropriate. To help inform the final rule, USDA seeks public comments on the long-term availability of this flexibility and its impact on the sodium reduction timeline established in 2012 and, specifically, the impact on Sodium Target 2.
  

Click here to view the Advance Copy of the FNS - School Meal Flexibility Rule.

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Release No. 0157.17

Contact: USDA Press
Phone: (202) 720-4623
Email: press@oc.usda.gov

USDA Publishes School Meals Rule, Expands Options, Eases Challenges

WASHINGTON, Nov. 29, 2017 – The U.S. Department of Agriculture (USDA) today provided local food service professionals the flexibility they need to serve wholesome, nutritious, and tasty meals in schools across the nation. The new School Meal Flexibility Rule, published today, makes targeted changes to standards for meals provided under USDA’s National School Lunch and School Breakfast Programs, and asks customers to share their thoughts on those changes with the Department.

U.S. Secretary of Agriculture Sonny Perdue said the rule reflects USDA’s commitment, made in a May proclamation (PDF, 123 KB), to work with program operators, school nutrition professionals, industry, and other stakeholders to develop forward-thinking strategies to ensure school nutrition standards are both healthful and practical.

“Schools need flexibility in menu planning so they can serve nutritious and appealing meals,” Perdue said. “Based on the feedback we’ve gotten from students, schools, and food service professionals in local schools across America, it’s clear that many still face challenges incorporating some of the meal pattern requirements. Schools want to offer food that students actually want to eat. It doesn’t do any good to serve nutritious meals if they wind up in the trash can. These flexibilities give schools the local control they need to provide nutritious meals that school children find appetizing.”

This action reflects a key initiative of USDA’s Regulatory Reform Agenda, developed in response to the President’s Executive Order to alleviate unnecessary regulatory burdens. Other USDA initiatives of this kind will be reflected in the forthcoming Fall 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions.

The interim final rule published today gives schools the option to serve low-fat (1 percent) flavored milk. Currently, schools are permitted to serve low-fat and non-fat unflavored milk as well as non-fat flavored milk. The rule also would provide this milk flexibility to the Special Milk Program and Child and Adult Care Food Program operators serving children ages 6 and older. States will also be allowed to grant exemptions to schools experiencing hardship in obtaining whole grain-rich products acceptable to students during School Year (SY) 2018-2019.

Schools and industry also need more time to reduce sodium levels in school meals, Perdue said. So instead of further restricting sodium levels for SY 2018-2019, schools that meet the current – “Target 1” – limit will be considered compliant with USDA’s sodium requirements. Perdue again lauded the efforts of school food professionals in serving healthful, appealing meals and underscored USDA’s commitment to helping them overcome remaining challenges they face in meeting the nutrition standards.

“We salute the efforts of America’s school food professionals,” Perdue said. “And we will continue to support them as they work to run successful school meals programs and feed our nation’s children.”

This rule will be in effect for SY 2018-2019. USDA will accept public comments on these flexibilities via www.regulations.gov to inform the development of a final rule, which will address the availability of these three flexibilities in the long term.

USDA's Food and Nutrition Service administers 15 nutrition assistance programs that include the National School Lunch Program, School Breakfast Program, Supplemental Nutrition Assistance Program, Special Supplemental Nutrition Program for Women, Infants and Children (WIC), and the Summer Food Service Program. Together, these programs comprise America's nutrition safety net. For more information, visit www.fns.usda.gov.

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