The USDA interim final rule Nutrition Standards for All Foods Sold in
School as Required by the Healthy Hunger-Free Kids Act of 2010 designates responsibilities
of contracting entities (CE)1 for maintaining records that ensure
compliance with competitive food nutritional standards. To
read the exact requirement per 7 CFR § 210.11(b)(2) Recordkeeping click here.
The following Q&A will help CEs in
establishing local procedures to ensure compliance with competitive food nutritional
standards and rules.
1) I am
a CE operating NSLP. Who in my organization is responsible for ensuring compliance
with competitive food nutritional standards and rules?
Any department, group or organization at
your contracting entity (CE) that is involved in any food sales to students is
responsible for following competitive food nutritional standards established by
USDA’s Smart Snacks
and additional Texas competitive food
As a CE operating NSLP/SBP in Texas,
your compliance is demonstrated by maintaining the proper records to show that
all foods sold to students meet competitive food nutritional standards.
is responsible for maintaining the records that show I am compliant with USDA’s
Smart Snacks rule and additional Texas competitive food rules?
A CE’s Local Education Agency (LEA) is
responsible for maintaining records for all competitive food sales not sold by
the CE’s School Nutrition Program (SNP).
A CE’s School Nutrition Program (SNP)
is responsible for maintaining records for all competitive foods sold under the
auspices of the nonprofit school food service account.
3) What types of competitive food sales fall
under the responsibility of the CE’s LEA?
Food sales from
non-SNP sources including foods sold through LEA-operated vending machines,
school stores, snack bars, school functions/event sales, fundraisers and other
types of documents must be kept to demonstrate that a food meets competitive
food nutritional standards?
Documents or records that demonstrate
that food or beverage items sold meet competitive food nutritional standards
include, but are not limited to, receipts, nutrition labels and product
specifications or formulation statements.
5) Do I
need to maintain these records for all food sales?
No. Only records from food sales that
occur on the school campus during the school day to students must be maintained
to demonstrate compliance with competitive food nutritional standards. After‐school
events (occurring 30 minutes after the official end of the school day up until
midnight), off‐campus events, and non‐food based sales are not affected by these
6) Who will monitor
compliance with USDA’s Smart Snacks rule and additional Texas competitive food
TDA will monitor a CE’s compliance with all competitive food nutritional
standards and rules during an Administrative Review. This will include a review of a CE’s records from
both SNP and non-SNP food sales as part of the State Agency Administrative Review.
A CE is responsible for ongoing monitoring of all their competitive
food sales to ensure that competitive food nutritional standards and rules are
7) I am not sure if
the foods I want to sell to students meet competitive food standards. Where can
I go for help?
Section 20. Competitive Food
Nutritional Standards of the Administrator’s Reference Manual available at http://squaremeals.org/Programs/NationalSchoolLunchProgram/NSLPPolicyamp;ARM.aspx
The Alliance for a Healthier Generation’s Smart Snacks Food
Calculator available at http://tools.healthiergeneration.org/calc/calculator/
Additional guidance, tools and resources from Squaremeals.org
and from USDA available at http://www.fns.usda.gov/healthierschoolday/tools-schools-focusing-smart-snacks
Or call your regional ESC Child Nutrition
1 In Texas, there is no distinction between
local education agency (LEA) and school food authority (SFA). Both terms are synonymous and fall under the
jurisdiction of the entity that has contracted
with TDA to administer the school nutrition program (the CE).
2 Texas-specific competitive food rules apply
only to public, private and charter schools and not to RCCIs. RCCIs are only
required to follow the USDA Smart Snacks rule.
Actual requirement per 7 CFR § 210.11(b)(2)
Recordkeeping. The local educational
agency is responsible for the maintenance of records that document compliance
with the nutrition standards for all
competitive food available for sale to students in areas under its jurisdiction
that are outside of the control of the school food authority responsible for
the service of reimbursable school meals. In addition, the local educational
agency is responsible for ensuring that organizations designated as responsible
for food service at the various venues in the schools maintain records in order
to ensure and document compliance with the nutrition requirements for the foods
and beverages sold to students at these venues during the school day as
required by this section. The school food authority is responsible for
maintaining records documenting compliance with these for foods sold under the
auspices of the nonprofit school food service. At a minimum, records must
include receipts, nutrition labels and/or product specifications for the
competitive food available for sale to students.