Department of Agriculture - GPO

1 Vol. 77 Thursday, No. 17 January 26, 2012. Part II. Department of Agriculture Food and Nutrition Service 7 CFR Parts 210 and 220. Nutrition Standards in the National school Lunch and school Breakfast Programs; Final Rule tkelley on DSK3 SPTVN1 PROD with RULES2. VerDate Mar<15>2010 17:44 Jan 25, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\ 26 JAR2. 4088 Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations Department OF Agriculture requirements in a manner that reduces The proposed rule sought to increase the estimated costs of breakfast changes, the availability of fruits, vegetables, Food and Nutrition Service as compared to the proposed rule.

2 As a whole grains, and fat-free and low-fat result, the final rule is estimated to add fluid milk in the school menu; reduce 7 CFR Parts 210 and 220 $ billion to school meal costs over the levels of sodium, saturated fat and 5 years, considerably less than the trans fat in school meals; and meet the [FNS 2007 0038]. estimated cost of the proposed rule. nutrition needs of school children RIN 0584 AD59 When considered in the context of within their calorie requirements. The other related provisions of the Healthy intent of the proposed rule was to Nutrition Standards in the National Hunger-Free Kids Act (HHFKA) of 2010, provide nutrient-dense meals (high in school Lunch and school Breakfast sufficient resources are expected to be nutrients and low in calories) that better Programs available to school food authorities to meet the dietary needs of school cover the additional costs of updated children and protect their health.

3 The AGENCY: Food and Nutrition Service meal offerings to meet the new (FNS), USDA. proposed changes, designed for meals standards. offered to school children in grades ACTION: Final rule. Specifically, in addition to improving Kindergarten (K) to 12, were largely nutritional quality, the HHFKA based on the IOM recommendations set SUMMARY: This final rule updates the mandated that beginning July 1, 2011, meal patterns and nutrition standards forth in the report school Meals: revenue streams for a la carte foods Building Blocks for Healthy Children''. for the National school Lunch and relative to their costs be at least as high school Breakfast Programs to align them (October 2009).

4 As the revenue streams for Program In summary, the January 2011. with the Dietary Guidelines for meals compared to their costs. Americans. This rule requires most proposed rule sought to improve Consequently schools should receive lunches and breakfasts by requiring schools to increase the availability of over $1 billion a year in new food fruits, vegetables, whole grains, and fat- schools to: revenues beginning in school Year Offer fruits and vegetables as two free and low-fat fluid milk in school 2011 2012. That will help schools work meals; reduce the levels of sodium, separate meal components.

5 Toward implementing the new standards Offer fruit daily at breakfast and saturated fat and trans fat in meals; and effective the following year, , July 1, lunch;. meet the nutrition needs of school 2012. In addition, USDA estimates that Offer vegetables daily at lunch, children within their calorie the school Food Authorities revenues'' including specific vegetable subgroups requirements. These improvements to rule will increase participation in weekly (dark green, orange, legumes, the school meal programs, largely based school meal programs by 800,000 and other as defined in the 2005 Dietary on recommendations made by the children.)

6 Guidelines) and a limited quantity of Institute of Medicine of the National In addition, the six-cent per lunch starchy vegetables throughout the week;. Academies, are expected to enhance the performance-based reimbursement Offer whole grains: half of the diet and health of school children, and increase included in the HHFKA will grains would be whole grain-rich upon help mitigate the childhood obesity provide additional revenue beginning implementation of the rule and all trend. October 1, 2012. The Congressional grains would be whole-grain rich two DATES: Effective date: This rule is Budget Office estimated about $ years post implementation.

7 Effective March 26, 2012. billion over 5 years will be provided in Offer a daily meat/meat alternate at Compliance date: Compliance with performance-based funding. breakfast;. the provisions of this rule must begin I. Background Offer fluid milk that is fat-free July 1, 2012, except as otherwise noted (unflavored and flavored) and low-fat The Richard B. Russell National (unflavored only);. on the implementation table provided in school Lunch Act (NSLA) in Section Offer meals that meet specific the preamble under SUPPLEMENTARY. 9(a)(4), 42 1758(a)(4), requires calorie ranges for each age/grade group.

8 INFORMATION. that school meals reflect the latest Reduce the sodium content of meals FOR FURTHER INFORMATION CONTACT: Dietary Guidelines for Americans'' gradually over a 10-year period through William Wagoner or Marisol (Dietary Guidelines). In addition, two intermediate sodium targets at two Aldahondo-Aponte, Policy and Program section 201 of the Healthy, Hunger-Free and four years post implementation;. Development Branch, Child Nutrition Kids Act of 2010 (Pub. L. 111 296, Prepare meals using food products Division, Food and Nutrition Service at HHFKA) amended Section 4(b) of the or ingredients that contain zero grams of (703) 305 2590.

9 NSLA, 42 1753(b), to require the trans fat per serving;. SUPPLEMENTARY INFORMATION: Department of Agriculture (USDA) to Require students to select a fruit or issue regulations to update the meal a vegetable as part of the reimbursable Executive Summary patterns and nutrition standards for meal;. This final rule modifies several key school lunches and breakfasts based on Use a single food-based menu proposed requirements to respond to the recommendations issued by the planning approach; and commenter concerns and facilitate Food and Nutrition Board of the Use narrower age/grade groups for successful implementation of the National Research Council of the menu planning.

10 Requirements at the State and local National Academies of Science, part of In addition, the proposed rule sought levels. The rule phases in many of the the Institute of Medicine (IOM). On to improve school meals by requiring changes to help ensure that all January 13, 2011, USDA published a State agencies (SAs) to: tkelley on DSK3 SPTVN1 PROD with RULES2. stakeholders the children, the schools, proposed rule in the Federal Register Conduct a nutritional review of and their supply chains have time to (76 FR 2494) to update the meal patterns school lunches and breakfasts as part of adapt. Most notably, this final rule and nutrition standards for the National the administrative review process.