Q&A's Related to the Smart Snacks Interim Final Rule
Final Rule: National School Lunch Program and School Breakfast Program: Nutrition Standards for all Foods Sold in Schools as Required by the HHFKA of 2010
Smart Snacks In Schools
Effective July 1, 2014, any food or beverage sold to students on the school campus during the school day must meet federal Smart Snacks in Schools standards. This includes snack food or beverages sold in a la carte sales, vending machines, school stores, snack carts, and fundraisers. Any entity selling food to students is required
to maintain records, such as nutrition labels and product specifications.
In this context, “school campus” refers to all areas of the property under the jurisdiction of the schools that are accessible to students. “School day” refers to the period of time from the midnight before until 30 minutes after the end of the official school day.
This rule DOES NOT apply to:
- Foods sold after school hours
- Foods sold off school campus
- Foods sold exclusively to adults
- Foods given to students at no charge
- Foods brought from home for student consumption
The U.S. Department of Agriculture (USDA) defines a fundraiser as an event or activity during which students exchange currency/tokens/tickets, etc., for the sale/purchase of a product in support of the school or school-related activities. The Smart Snacks regulations apply only to products intended to be consumed during the school day.
Examples of fundraisers include:
- Giving away food, but suggesting a donation
- Vending machine when the profits are used to support a school-sponsored club or activity such as the school band or football team
- Special treats sold during lunch hour by a student organization
- Bake sales offered to students
- Pizza sold in the classroom
The Georgia State Board of Education approved 30 exempted fundraisers per school per school year not to exceed 3 days in length. However, there are time and place restrictions.
- Exempted fundraisers cannot operate anywhere on the school campus 30 minutes before until 30 minutes after the end of breakfast and lunch meal services.
- Exempted fundraisers cannot be in vending machines, school stores, snack bars or a la carte sales.
Fundraisers occurring in these venues must meet the Smart Snacks standards. The rule went into effect on September 10, 2014, exempted fundraisers prior to that date are not allowed.
In addition, GaDOE will consider applications for additional exemptions above the board limit on a case by case basis. More information on this process will be forthcoming.
If a food or beverage meets the Smart Snacks guidelines, it can be sold anywhere, at any time on the school campus.
If a food or beverage does not meet the Smart Snacks guidelines, then it must be replaced with a compliant product, sold off school grounds, sold 30 minutes after the end of the official school day, or be part of an approved, exempted fundraiser.
USDA Non-Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: email@example.com.
USDA is an equal opportunity provider, employer, and lender.