USDA’s February 2023 Proposed Rule to
April 25, 2023
Update Nutrition Standards Latest Update to Nutrition Standards
May 31, 2024
for School Meals
Kara Clifford Billings
On
On
February 7, 2023April 25, 2024, the U.S. Department of Agriculture (USDA) , the U.S. Department of Agriculture (USDA)
released a proposed rulefinalized a rule (“Child Nutrition
Analyst in Social Policy
Analyst in Social Policy
(“Child Nutrition Programs: Revisions toPrograms: Meal Patterns Consistent With the 2020 Meal Patterns Consistent With the 2020
-2025 Dietary Dietary
Guidelines for Americans”) Guidelines for Americans”)
to update
updating the nutrition standards (also known as the nutrition standards (also known as
meal patterns) for ) for
reimbursable school meals served through the National School Lunch Program (NSLP) and reimbursable school meals served through the National School Lunch Program (NSLP) and
School Breakfast Program School Breakfast Program
(SBP). The rule implements most—but not all—of the changes included in a February 2023 proposed rule under a similar name. USDA’s stated goals in updating the nutrition standards include “help[ing] children lead healthier lives” and aligning the standards with the most recent Dietary Guidelines for Americans as required by law. The update is the latest in a series of changes to school nutrition standards that started with the implementation of the Healthy, Hunger-Free Kids Act of 2010 (P.L. 111-296) and continued under subsequent Administrations and Congresses.
The April 2024 rule finalizes(SBP). USDA’s stated goal is to “improve the school meal pattern requirements ... based on a comprehensive review of the Dietary Guidelines for Americans, 2020-2025 (Dietary Guidelines), robust stakeholder input on school nutrition standards, and lessons learned from prior rulemaking.”
The rule proposes changes to added sugars, sodium, whole grains, and milk rules for reimbursable school meals changes to added sugars, sodium, whole grains, and milk rules for reimbursable school meals
. It also proposes stricter enforcement of Buy American rules for school meals—establishing a cap of 5% on nondomestic purchases. The rule would also make:
• It places a new limit on added sugars in school meals (less than 10% of weekly calories) to take effect in
school year (SY) 2027-2028, and establishes product-specific limits on added sugars for breakfast cereals, yogurt, and flavored milk to take effect in SY2025-2026;
• It requires a 15% reduction in sodium in school lunches and a 10% reduction in sodium in school
breakfasts, both taking effect in SY2027-2028;
• It continues a current requirement allowing both flavored and unflavored low-fat (1%) and fat-free milk in
school meals.
• It continues a current requirement that at least 80% of weekly grains in school meals must be whole grain-
rich (defined as consisting of at least 50% whole grains, with any remaining grains being enriched).
It also requires stricter enforcement of Buy American rules for school meals—establishing a cap of 10% on nondomestic food purchases in SY2025-2026, 8% in SY2028-2029, and 5% in SY2031-2032. The rule also makes several changes geared toward accommodating cultural, religious, and ethical dietary needs and several changes geared toward accommodating cultural, religious, and ethical dietary needs and
preferences, preferences,
streamliningloosening certain program requirements certain program requirements
(such as hiring standards for school nutrition program directors and medical notes for disability-related meal requests), and expanding local foods in school meals. Some of these changes , and expanding local foods in school meals. Some of these changes
would also apply to foods sold in schools (apply to foods sold in schools (
competitive foods) and served through the Child and Adult Care Food Program ) and served through the Child and Adult Care Food Program
(CACFP) and the Summer Food Service Program (SFSP). (CACFP) and the Summer Food Service Program (SFSP).
The comment period on the rule closes on May 10, 2023. In developing the rule, USDA took into account comments it received through listening sessions and on a prior, transitional rule that pertains to nutrition standards in school year (SY) 2022-2023 and SY2023-2024. USDA plans to issue a final rule “in time for schools to plan for school year 2024-2025.”While the rule takes effect on July 1, 2024, most changes take effect in SY2025-2026 or later.
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Contents
Introduction ..................................................................................................................................... 1
Recent History ................................................................................................................................. 1
ProposedRegulatory Changes ........................................................................................................................... 2 3
Sodium ...................................................................................................................................... 23
Added Sugars ............................................................................................................................ 34
Whole Grains ............................................................................................................................ 4
Milk ........................................................................................................................................... 45
Buy American............................................................................................................................ 56
Other Changes ........................................................................................................................... 67
Sourcing Local Foods ......................................................................................................... 67
Changes for Schools Serving American Indian and Alaska Native Students ..................... 67
Educational Requirements for School Nutrition Program Directors .................................. 7
Afterschool Snack Nutrition Standards............................................................................... 78
Fruits and Vegetables in School Breakfasts ........................................................................ 78
Exemption for HummusBean Dip as a Food Sold in Schools ........................................................... 78
Nuts and Seeds .................................................................................................................... 7
Estimated Cost ........8 Meal Modifications for Students with Disabilities ............................................................. 8
Estimated Cost ............................................................ 8
Stakeholder Reactions and Next Steps ............................................................................................ 8
Tables
Table 1. Proposed Sodium Limits: NSLP 9 Stakeholder Reactions and Next Steps ........................................................................................... 2. 9
Tables
Table 2. Current and Historical NSLP Sodium Limits .............................................1. NSLP Sodium Limits in the April 2024 Final Rule and Prior Rulemaking ....................... 3
Table 32. Changes to the Whole Grain Standard for School Meals, 2012-2022 ....Present ........................... 45
Table 43. Changes to the Milk Options in School Meals, 2012-2022 ....Present ........................................... 5
Contacts
Author Information .......................................................................................................................... 9 11
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USDA’s February 2023 Proposed Rule to UpdateLatest Update to Nutrition Standards for School Meals
Introduction
The federal government has prescribed nutritional requirements for school meals since the The federal government has prescribed nutritional requirements for school meals since the
authorization of the National School Lunch Program (NSLP) in 1946. Such requirements have authorization of the National School Lunch Program (NSLP) in 1946. Such requirements have
changed throughout the course of history. Current law requires the Secretary of Agriculture to changed throughout the course of history. Current law requires the Secretary of Agriculture to
prescribe “minimum nutritional requirements” based on “tested nutritional research.”1 In addition, prescribe “minimum nutritional requirements” based on “tested nutritional research.”1 In addition,
school meal nutrition standards must be “consistent with the goals of the most recent Dietary school meal nutrition standards must be “consistent with the goals of the most recent Dietary
Guidelines [for Americans]” (DGAs).2 Under these parameters, USDA has established detailed Guidelines [for Americans]” (DGAs).2 Under these parameters, USDA has established detailed
nutritional requirements in regulations.3 nutritional requirements in regulations.3
This report discusses the latest
This report discusses the latest
proposed revision of nutritional requirements for school meals, as revision of nutritional requirements for school meals, as
promulgated by the U.S. Department of Agriculture (USDA) in a promulgated by the U.S. Department of Agriculture (USDA) in a
proposedfinal rule on April 25, 2024.4 According to USDA, the rule rule on February 7, 2023.4 The proposal, according to USDA, was informed by the DGAs and feedback from was informed by the DGAs and feedback from
stakeholders, particularly in the wake of temporary changes to nutrition standards for school meals during the COVID-19 pandemic.stakeholders on a proposed rule.5 In addition to summarizing the contents of the In addition to summarizing the contents of the
proposal, final rule, this report provides a recent history of changes to the nutrition standards and discusses reactions this report provides a recent history of changes to the nutrition standards and discusses reactions
to and potential implications of the to and potential implications of the
proposedrule. While the report covers most of the finalized changes, it does not detail every requirement included in the final rule. rule.
Recent History
The The
February 2023 proposed rule shouldApril 2024 rule can be viewed in the context of changes to school nutrition be viewed in the context of changes to school nutrition
rules since the enactment of the Healthy, Hunger-Free Kids Act of 2010 (P.L. 111-296). That act rules since the enactment of the Healthy, Hunger-Free Kids Act of 2010 (P.L. 111-296). That act
required USDA to update nutrition standards for school meals served through NSLP and SBP and required USDA to update nutrition standards for school meals served through NSLP and SBP and
establish nutrition standards for foods sold in schools (establish nutrition standards for foods sold in schools (
competitive foods) based on ) based on
recommendations from the National Academies of recommendations from the National Academies of
ScienceSciences, Engineering, and Medicine and the , Engineering, and Medicine and the
DGAsDGAs
.56 USDA finalized a school meals rule in 2012 and a competitive foods rule in 2016.USDA finalized a school meals rule in 2012 and a competitive foods rule in 2016.
67 The The
2012 rule altered and added nutritional requirements for school meals, including increasing the amount of fruits, vegetables, and whole grains and limiting flavored milk, sodium, and calories. Subsequently, some schools reported difficulty implementing the standards, including challenges
2012 rule altered and
1 Section 9(a)(1)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(1)(A)). 1 Section 9(a)(1)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(1)(A)).
2 Section 9(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)). For more information on the 2 Section 9(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)). For more information on the
DGAs, see CRS Report R47488, DGAs, see CRS Report R47488,
The Dietary Guidelines for Americans: Development, Implementation, and
Considerations for Congress. .
3 The current nutrition standards for school meals are located at 7 C.F.R. §210.10 (lunches) and 7 C.F.R. §220.8
3 The current nutrition standards for school meals are located at 7 C.F.R. §210.10 (lunches) and 7 C.F.R. §220.8
(breakfasts). (breakfasts).
4 U.S. Department of Agriculture (USDA), Food and Nutrition Service (FNS), “Child Nutrition Programs:
4 U.S. Department of Agriculture (USDA), Food and Nutrition Service (FNS), “Child Nutrition Programs:
Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans,” 89 Federal Register 31962, April 25, 2024, https://www.federalregister.gov/documents/2024/04/25/2024-08098/child-nutrition-programs-meal-patterns-consistent-with-the-2020-2025-dietary-guidelines-for.
5 USDA, FNS, “Child Nutrition Programs: Revisions to Revisions to
Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans,” 88 Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans,” 88
Federal Register 8050, February 7, 8050, February 7,
2023, https://www.federalregister.gov/documents/2023/02/07/2023-02102/child-nutrition-programs-revisions-to-meal-2023, https://www.federalregister.gov/documents/2023/02/07/2023-02102/child-nutrition-programs-revisions-to-meal-
patterns-consistent-with-the-2020-dietary-guidelines-for. patterns-consistent-with-the-2020-dietary-guidelines-for.
5 For more information on the DGAs, see CRS Report R47488, The Dietary Guidelines for Americans: Development,
Implementation, and Considerations for Congress.
6 USDA, FNS, “Nutrition StandardsUSDA also took into account feedback it received on USDA, FNS, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” 87 Federal Register 6984, February 7, 2022, https://www.federalregister.gov/documents/2022/02/07/2022-02327/child-nutrition-programs-transitional-standards-for-milk-whole-grains-and-sodium when developing the aforementioned proposed rule. In addition, USDA finalized selected provisions from the proposed rule, USDA, FNS, “Simplifying Meal Service and Monitoring Requirements in the National School Lunch and School Breakfast Programs,” in the National School Lunch and School Breakfast Programs,”
7785 Federal
Register 174094, January , January
26, 201223, 2020, https://www.federalregister.gov/documents/2020/01/23/2020-00926/simplifying-meal-service-and-monitoring-requirements-in-the-national-school-lunch-and-school.
6 For more information on the DGAs, see CRS Report R47488, The Dietary Guidelines for Americans: Development, Implementation, and Considerations for Congress.
7 USDA, FNS, “Nutrition Standards in the National School Lunch and School Breakfast Programs,” 77, https://www.federalregister.gov/documents/2012/01/26/2012-1010/nutrition-standards-in-the-national-school-lunch-and-school-breakfast-programs; and USDA, FNS, “National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010; Final Rule,” 81 Federal Register 50131, July 29, 201617, January 26, 2012, https://www.federalregister.gov/documents/2012/01/26/2012-1010/nutrition-standards-(continued...)
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added nutritional requirements for school meals, including increasing the amount of fruits, vegetables, and whole grains and limiting flavored milk, sodium, and calories.
Some schools reported difficulty implementing the standards, including challenges , https://www.federalregister.gov/documents/2016/07/29/2016-17227/national-school-lunch-program-and-school-breakfast-program-nutrition-standards-for-all-foods-sold-in.
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with obtaining whole grain and low-sodium products and student acceptance of foods.with obtaining whole grain and low-sodium products and student acceptance of foods.
78 Over Over
time, Congress and time, Congress and
USDA responded by changing aspects of the milk, whole grain, and sodium requirements. Appropriations acts from FY2015 to FY2017 delayed reductions in sodium and provided exemptions from the whole grain and/or milk requirements.9 In December 2018, USDA during the Trump Administration issued a final rule making changes to milk, whole grain, and sodium requirements in SY2019-2020 forward.10 In April 2020, this rule was vacated by a U.S. District Court due to a procedural error, reverting the programs to the milk, sodium, and whole grain policies established in the 2012 final rule.11 However, at that time, nutrition standards had already been eased by the Biden Administration in response to the COVID-19 pandemic, and such flexibilities continued through SY2021-2022.12 In addition, the FY2021 appropriations act (P.L. 116-260; enacted in December 2020) ensured the allowance of 1% flavored milk in the programs.
In February 2022, USDA during the Biden Administration issued a final transitional rule making changes to the milk, whole grain, and sodium requirements starting in SY2022-2023 and stating its intentions to issue further rulemaking for subsequent school years.13 In February 2023, the agency published a proposed rule to make permanent changes to milk, whole grain, sodium, and other school meal requirements, such as Buy American rules.14 In March 2024, the Consolidated Appropriations Act, 2024 (P.L. 118-42) included two provisions requiring specific milk and sodium standards in the final rulemaking (specifically, allowing 1% flavored milk and capping sodium limits; discussed further in this report).15 In April 2024, USDA published the final rule.
in-the-national-school-lunch-and-school-breakfast-programs; and USDA, FNS, “National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010; Final Rule,” 81 Federal Register 50131, July 29, 2016, https://www.federalregister.gov/documents/2016/07/29/2016-17227/national-school-lunch-program-and-school-breakfast-program-nutrition-standards-for-all-foods-sold-in.
8USDA responded by changing aspects of the milk, whole grain, and sodium requirements (further detail is provided in the sections to follow).8 The school meal patterns were also temporarily eased during the COVID-19 pandemic (from March 2020 through SY2021-2022).9
Proposed Changes
Sodium
Over the course of a school week, the average reimbursable lunch and breakfast must fall within certain sodium limits. Schools are currently operating under a limit (Target 1, shown for lunches in Table 2) that was established in the transitional rule.10 Seeking alignment with sodium recommendations for children in the DGAs11 and the Food and Drug Administration’s (FDA’s) voluntary sodium reduction targets for the U.S. food supply,12 USDA proposes a 10% reduction in sodium in SY2025-2026 (for both breakfasts and lunches), another 10% reduction in SY2027-2028 (for breakfasts and lunches), and another 10% reduction in SY2029-2030 (for lunches only) (amounts displayed in Table 1).
For a comparison with existing and prior sodium limits for school lunches, see Table 2.
Table 1. Proposed Sodium Limits: NSLP
Sodium Limit for an Average Lunch
Age/Grade
SY2025-2026 and SY2027-2028 and
SY2029-2030
Group
SY2026-2027
SY2028-2029
Forward
Grades K-5
< 1,000 mg
< 900 mg
< 810 mg
Grades 6-8
< 1,105 mg
< 990 mg
< 895 mg
7 For example, see School Nutrition Association, “Stories from the Frontlines: School Cafeteria Professionals Discuss For example, see School Nutrition Association, “Stories from the Frontlines: School Cafeteria Professionals Discuss
Challenges with New Standards,” May 28, 2014, https://schoolnutrition.org/sna-news/stories-from-the-frontlines-Challenges with New Standards,” May 28, 2014, https://schoolnutrition.org/sna-news/stories-from-the-frontlines-
school-cafeteria-professionals-discuss-challenges-with-new-standards. school-cafeteria-professionals-discuss-challenges-with-new-standards.
8 Appropriations acts in FY2015, FY2016, and FY2017 made changes to milk, whole grain, and/or sodium requirements. In December 2018, USDA under the Trump Administration issued a final rule making changes to such requirements in SY2019-2020 forward (these policies9 The FY2015-FY2017 appropriations acts and the December 2018 final rule are discussed in CRS Insight IN11009, are discussed in CRS Insight IN11009,
USDA’s Final Rule on
Milk, Whole Grains, and Sodium in School Meals and CRS Report R45486, and CRS Report R45486,
Child Nutrition Programs: Issues in the
115th Congress). The December 2018 rule was subsequently vacated by a U.S. District Court (see.
10 Ibid. 11 USDA, FNS, “Child USDA, FNS, “Child
Nutrition Programs: Rescission of Milk, Whole Grains, and Sodium Flexibilities: Notice of Nutrition Programs: Rescission of Milk, Whole Grains, and Sodium Flexibilities: Notice of
VacaturVacatur,” 85 ” 85
Federal
Register 74847, November 24, 2020), reverting the programs to the milk, sodium, and whole grain policies established in the 2012 final rule. However, the FY2021 appropriations act reinstated 1% flavored milk. In February 2022, USDA under the Biden Administration issued a final rule making changes to the milk, whole grain, and sodium requirements starting in SY2022-2023 and stating its intentions to issue further rulemaking for subsequent school years (see USDA, FNS, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” 87 Federal Register 6984, February 7, 2022).
9Register 74847, November 24, 2020.
12 USDA, FNS, “COVID-19 Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs,” USDA, FNS, “COVID-19 Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs,”
March 25, 2020, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-4; and USDA, FNS, “Nationwide March 25, 2020, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-4; and USDA, FNS, “Nationwide
Waiver to Allow Specific School Meal Pattern Flexibility for SY 2021-22,” August 27, 2021, Waiver to Allow Specific School Meal Pattern Flexibility for SY 2021-22,” August 27, 2021,
https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-90. https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-90.
1013 USDA, FNS, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” 87 USDA, FNS, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” 87
Federal
Register 6984, February 7, 2022. 6984, February 7, 2022.
11 USDA and U.S. Department of Health and Human Services (HHS),14 USDA, FNS, “Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans,” 88 Federal Register 8050, February 7, 2023, https://www.federalregister.gov/documents/2023/02/07/2023-02102/child-nutrition-programs-revisions-to-meal-patterns-consistent-with-the-2020-dietary-guidelines-for.
15 Division B, Title VII, §§769, 770.
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12 FDA, “Sodium Reduction,” http://www.fda.gov/SodiumReduction.
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Age/Grade
SY2025-2026 and SY2027-2028 and
SY2029-2030
Group
SY2026-2027
SY2028-2029
Forward
Grades 9-12
< 1,150 mg
< 1,035 mg
< 935 mg
Source: Adapted from USDA, FNS, “Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans,” 88 Federal Register 8050, February 7, 2023 (Proposed Rule). Notes: Individual lunches can go over these limits, but the average lunch over the school week must meet the limits.
Table 2. Current and Historical NSLP Sodium Limits
Sodium Limit for an Average Lunch
Target 1 (SY2014-
Target 2
Age/Grade
2015 to SY2019-
Interim Target 1A (SY2020-2021 and
Target 3 (Never
Group
2020, SY2022-2023)
(SY2023-2024)
SY2021-2022)
Implementeda)Regulatory Changes
Sodium Over the course of a school week, the average reimbursable lunch and breakfast must fall within certain sodium limits. Schools are currently operating under limits—Target 1 for breakfasts and Target 1A for lunches—that were established in the transitional rule (lunch targets are displayed in Table 1).16
The final rule maintains the Target 1 standard for breakfasts and Target 1A standard for lunches for the next three school years (SY2024-2025 through SY2026-2027), after which point meals must meet the Target 2 standard (displayed in Table 1 for lunches), which will equate to a 10% sodium reduction for breakfasts and a 15% reduction for lunches. This aligns with a FY2024 appropriations act provision requiring current sodium limits to remain in effect through SY2026-2027, and eventual targets established through the rulemaking not to fall below Target 2 limits.17 The proposed rule would have reduced sodium levels further (by 20% for breakfasts and 30% for lunches)—a level that would have fallen between Target 2 and Target 3.
Table 1 compares the sodium limits established in the final rule with sodium limits established in prior rulemaking.
Table 1. NSLP Sodium Limits in the April 2024 Final Rule and Prior Rulemaking
Sodium Limit for an Average Lunch
Age/Grade
Group
Target 1a
Interim Target 1Ab
Target 2c
Target 3d
Grades K-5
Grades K-5
< 1,230 mg
< 1,230 mg
< 1,110 mg
< 1,110 mg
< 935 mg
< 935 mg
< 640 mg
< 640 mg
Grades 6-8
Grades 6-8
< 1,360 mg
< 1,360 mg
< 1,225 mg
< 1,225 mg
< 1,035 mg
< 1,035 mg
< 710 mg
< 710 mg
Grades 9-12
Grades 9-12
< 1,420 mg
< 1,420 mg
< 1,280 mg
< 1,280 mg
< 1,080 mg
< 1,080 mg
< 740 mg
< 740 mg
Source: Adapted from USDA, FNS, “Nutrition Standards in the National School Lunch and School Breakfast Adapted from USDA, FNS, “Nutrition Standards in the National School Lunch and School Breakfast
Programs,” 77 Programs,” 77
Federal Register 4087, January 26, 2012 (Final Rule); 4087, January 26, 2012 (Final Rule);
andUSDA, FNS, “Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements,” 83 Federal Register 63775, December 12, 2018 (Final Rule); USDA, FNS, “Child Nutrition Programs: USDA, FNS, “Child Nutrition Programs:
Transitional Standards for Milk, Whole Grains, and Sodium,” 87 Transitional Standards for Milk, Whole Grains, and Sodium,” 87
Federal Register 6984, February 7, 2022 (Final 6984, February 7, 2022 (Final
Rule). Notes: Individual lunches can go over these limits, but the average lunch over the school week must meet the limits. Sodium limits were not ful y enforced from March 2020 through SY2021-2022Rule); and USDA, FNS, “Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans,” 89 Federal Register 31962, April 25, 2024 (Final Rule). Notes: Individual lunches can go over these limits, but the average lunch over the school week must meet the limits. a. Per the 2012 rule, the Target 1 standard for lunches was effective from SY2014-2015 through SY2018-2019
and, per the 2018 final rule, in the first half of the 2019-2020 school year (until vacated by a U.S. district court). The 2022 transitional rule reinstituted Target 1 for lunches in SY2022-2023.
b. The 2022 transitional rule made Target 1A effective for lunches in SY2023-2024, extended by the April
2024 final rule through SY2026-2027.
c. Target 2 limits were in effect during the latter half of SY2019-2020 through SY2021-2022 under the 2012
rule; however, sodium limits were not ful y enforced during this timeframe due to waivers provided due to waivers provided
during the COVID-19 pandemic. a. 77 Federal Register 4087 originally scheduled Target 3 implementation for SY2022-2023. during
16 USDA, FNS, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” 87 Federal Register 6984, February 7, 2022.
17 P.L. 118-42, Division B, Title VII, §770.
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the COVID-19 pandemic. The April 2024 final rule sets Target 2 as the final standard for lunches, taking effect in SY2027-2028.
d. The 2012 rule originally scheduled Target 3 implementation for SY2022-2023 but it was never implemented.
USDA explained in the final rule that it took into account feedback from stakeholders including school nutrition professionals and industry representatives in developing the final sodium limits. It maintained that its approach was consistent with the Food and Drug Administration’s (FDA’s) gradual approach to reducing sodium in the U.S. food supply. USDA acknowledged that the final sodium limits exceed sodium recommendations for children in the DGAs, and that it may pursue future sodium reduction efforts in the school meals programs.18
Added Sugars
There is currently no limit on sugar in reimbursable school meals. Since the 2015-2020 iteration, There is currently no limit on sugar in reimbursable school meals. Since the 2015-2020 iteration,
the DGAs have recommended limiting the DGAs have recommended limiting
added sugars13sugars19 to less than 10% of daily calories. to less than 10% of daily calories.
The proposed rule would similarly enactLikewise, the final rule enacts an added sugars limit of less than 10% of calories an added sugars limit of less than 10% of calories
per week.
Additionally, the proposed rule would adoptacross the week in the school lunch and breakfast programs starting in SY2027-2028.
Additionally, the rule adopts product-based limits on added sugars. Starting in SY2025-2026, breakfast cereals are to product-based limits on added sugars. First, there would be a limit of no more than 2 ounce equivalents per week of grain-based desserts (e.g., cereal bars and toaster pastries) in school breakfasts (the same limit already exists for lunches).14 In addition, breakfast cereals would be limited to no more than 6 grams of added sugars per dry be limited to no more than 6 grams of added sugars per dry
ounce, yogurts ounce, yogurts
wouldare to be limited to no more than 12 grams of added sugars per 6 ounces, and be limited to no more than 12 grams of added sugars per 6 ounces, and
flavored milk flavored milk
would is to be limited to no more than 10 grams of added sugars per 8 fluid ounces (for be limited to no more than 10 grams of added sugars per 8 fluid ounces (for
flavored milk sold as a competitive food in middle and high schools, the limit flavored milk sold as a competitive food in middle and high schools, the limit
wouldwill be 15 grams be 15 grams
per 12 fluid ounces). The rule per 12 fluid ounces). The rule
would applyalso applies the same standard to Child and Adult Care Food the same standard to Child and Adult Care Food
13Program (CACFP) yogurt and breakfast cereals and eliminates CACFP’s cap on total sugars for such items.
The final rule does not implement a policy from the proposed rule that would have limited added sugars in grain-based desserts (e.g., cereal bars, toaster pastries) in school breakfasts.
Whole Grains Currently, at least 80% of the weekly grains in school meals must be whole grain-rich (defined in regulations to mean that at least 50% of the grains are whole grains, and any remaining grains are enriched). The final rule retains this requirement, with USDA maintaining that the 80% requirement encourages whole grains while also providing exceptions for local and cultural preferences, such as white rice or white flour tortillas. The proposed rule had offered two alternatives: (1) retaining the 80% requirement, or (2) requiring 100% of grains to be whole grain-rich (like the 2012 rule), except that enriched grains could be offered one day per week.
Table 2 compares the final rule whole grain standard with previous policies.
18 FDA, “Sodium Reduction,” http://www.fda.gov/SodiumReduction; USDA and U.S. Department of Health and Human Services (HHS), Dietary Guidelines for Americans, 2020-2025, 9th edition, December 2020, p. 46.
19 According to the U.S. Food and Drug Administration (FDA), “Added sugars include sugars that are added during the According to the U.S. Food and Drug Administration (FDA), “Added sugars include sugars that are added during the
processing of foods (such as sucrose or dextrose), foods packaged as sweeteners (such as table sugar), sugars from processing of foods (such as sucrose or dextrose), foods packaged as sweeteners (such as table sugar), sugars from
syrups and honey, and sugars from concentrated fruit or vegetable juices. They do not include naturally occurring syrups and honey, and sugars from concentrated fruit or vegetable juices. They do not include naturally occurring
sugars that are found in milk, fruits, and vegetables.” FDA, “Added Sugars on the New Nutrition Facts Label,” sugars that are found in milk, fruits, and vegetables.” FDA, “Added Sugars on the New Nutrition Facts Label,”
https://www.fda.gov/food/new-nutrition-facts-label/added-sugars-new-nutrition-facts-label. https://www.fda.gov/food/new-nutrition-facts-label/added-sugars-new-nutrition-facts-label.
14 For an illustration of ounce equivalents, see USDA, FNS, “Exhibit A: Grain Requirements For Child Nutrition Programs,” https://foodbuyingguide.fns.usda.gov/Content/TablesFBG/ExhibitA.pdf.
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link to page
link to page
78 link to page link to page
78 link to page 8 link to page 9 USDA’s Latest Update to Nutrition Standards for School Meals
Table 2. Changes to the Whole Grain Standard for School Meals, 2012-Present link to page 7 USDA’s February 2023 Proposed Rule to Update Nutrition Standards for School Meals
Program (CACFP) yogurt and breakfast cereals and eliminate CACFP’s cap on total sugars for such items.
Whole Grains
Currently, at least 80% of the weekly grains in school meals must be whole grain-rich (whole
grain-rich is defined in regulations to mean that at least half of the grains are whole grains, and any remaining grains are enriched). The proposed rule provides two options: (1) retaining the 80% requirement, or (2) requiring 100% of grains to be whole grain-rich (like the 2012 rule), except that enriched grains could be offered one day per week.
Previous changes to the whole grain standards are shown in Table 3.
Table 3. Changes to the Whole Grain Standard for School Meals, 2012-2022
Law, Regulation, or Policy
Summary
2012 rule
2012 rule
Required 50% of grains to be whole grain-rich, scaling
Required 50% of grains to be whole grain-rich, scaling
up to 100% by SY2014-2015 up to 100% by SY2014-2015
FY2015-FY2017 appropriations acts
FY2015-FY2017 appropriations acts
Allowed certain exemptions from the 100% whole
Allowed certain exemptions from the 100% whole
grain-rich requirement for schools demonstrating grain-rich requirement for schools demonstrating
hardshihardshi
pa
2018 rule
2018 rule
Required 50% of grains to be whole grain-rich starting
Required 50% of grains to be whole grain-rich starting
in SY2019-2020; in SY2019-2020;
allowedal owed certain exemptions certain exemptions
2020 court vacatur and policy rescissio
2020 court vacatur and policy rescissio
nb
Reverted to 2012 standard
Reverted to 2012 standard
2022 transitional rule
2022 transitional rule
Required 80% of grains to be whole grain-rich starting
Required 80% of grains to be whole grain-rich starting
in SY2022-2023in SY2022-2023
2024 final rule
Retains 80% requirement going forward
Source: CRS, based on specified laws and regulations. CRS, based on specified laws and regulations.
Note: Whole grain standards were not ful y enforced from March 2020 through SY2021-2022 due to waivers Whole grain standards were not ful y enforced from March 2020 through SY2021-2022 due to waivers
provided during the COVID-19 pandemic. provided during the COVID-19 pandemic.
a. The laws required USDA to allow states to grant exemptions to school districts that could “demonstrate a. The laws required USDA to allow states to grant exemptions to school districts that could “demonstrate
hardship, including financial hardship, in procuring specific whole grain products which are acceptable to the
hardship, including financial hardship, in procuring specific whole grain products which are acceptable to the
students and compliant with the whole grain-rich requirements.” Schools that received exemptions stil had students and compliant with the whole grain-rich requirements.” Schools that received exemptions stil had
to meet a 50% whole grain-rich requirement. USDA, FNS, “Child Nutrition Programs’ Flexibilities for to meet a 50% whole grain-rich requirement. USDA, FNS, “Child Nutrition Programs’ Flexibilities for
School Year 2018-2019,” June 1, 2018, https://www.fns.usda.gov/cn/child-nutrition-program-flexibilities-School Year 2018-2019,” June 1, 2018, https://www.fns.usda.gov/cn/child-nutrition-program-flexibilities-
school-year-2018-2019. school-year-2018-2019.
b. The 2018 rule was vacated
b. The 2018 rule was vacated
(struck down) by a U.S. District Court (see USDA-FNS, “Child Nutrition by a U.S. District Court (see USDA-FNS, “Child Nutrition
Programs: Rescission Programs: Rescission
of Milk, Whole Grains, and Sodium Flexibilities: Notice of Vacatur,” 85 of Milk, Whole Grains, and Sodium Flexibilities: Notice of Vacatur,” 85
Federal Register 74847, November 24, 2020), reverting the programs to the whole grain policies established in the 2012 74847, November 24, 2020), reverting the programs to the whole grain policies established in the 2012
rule.
Milk
Under the 2022 transitional rule, schools are currently allowed to serve 1% flavored milk in the programs. The proposed rule provides two options:
1. allow only unflavored milk (1% or fat-free) for younger students (the proposal
gives an option of defining such students as grades K-5 or grades K-8) and allow flavored and unflavored (1% or fat-free) for older students (option of grades 6-12 or 9-12), or
2. retain the current policy.
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Option 1 would take effect in SY2025-2026. In either case, flavored milk would be subject to the new added sugar limit.
Previous changes to the milk standards are shown in Table 4.
Table 4. Changes to the Milk Options in School Meals, 2012-2022rule.
Milk The final rule maintains current policy allowing both flavored and unflavored 1% and fat-free milks in the school meals programs and for children over the age of six in CACFP (children under the age of six in CACFP may only have unflavored milk). This is consistent with a provision in the FY2024 appropriations act that required the final rulemaking to allow flavored 1% milk in the programs.20 As discussed earlier in this report, flavored milks must meet product-specific added sugar limits.
The proposed rule had considered whether to adopt a more restrictive policy that would have only allowed flavored milk for middle and/or high school students, or retain current policy.
Table 3 compares the finalized milk policy with previous changes to the milk standards .
Table 3. Changes to the Milk Options in School Meals, 2012-Present
Law, Regulation, or Policy
Summary
2012 rule
2012 rule
Allowed 1% unflavored milk and fat-free flavored milk
Allowed 1% unflavored milk and fat-free flavored milk
starting in SY2012-2013 starting in SY2012-2013
FY2017 appropriations act
FY2017 appropriations act
Allowed certain exemptions, allowing schools
Allowed certain exemptions, allowing schools
demonstrating hardshidemonstrating hardshi
pa to serve 1% flavored milk to serve 1% flavored milk
2018 rule
2018 rule
Allowed 1% flavored milk
Allowed 1% flavored milk
20 P.L. 118-42, Division B, Title VII, §769.
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Law, Regulation, or Policy
Summary
2020 court vacatur and policy rescission
2020 court vacatur and policy rescission
Reverted to 2012 standard
Reverted to 2012 standard
FY2021 appropriations act
FY2021 appropriations act
Allowed 1% flavored milk
Allowed 1% flavored milk
2022 transitional rule
2022 transitional rule
Allowed 1% flavored milk
Allowed 1% flavored milk
2024 final rule
Allows 1% flavored milk going forward
Source: CRS, based on specified laws and regulations. CRS, based on specified laws and regulations.
Note: Milk requirements were not ful y enforced from March 2020 through SY2021-2022 due to waivers Milk requirements were not ful y enforced from March 2020 through SY2021-2022 due to waivers
provided during the COVID-19 pandemic. provided during the COVID-19 pandemic.
a. The law required USDA to allow states to grant exemptions “to schools which demonstrate a reduction in a. The law required USDA to allow states to grant exemptions “to schools which demonstrate a reduction in
student milk consumption or an increase in school milk waste.”
student milk consumption or an increase in school milk waste.”
b. The 2018 rule was vacated (struck down) by a U.S. District Court (see USDA-FNS, “Child Nutrition
b. The 2018 rule was vacated (struck down) by a U.S. District Court (see USDA-FNS, “Child Nutrition
Programs: Rescission of Milk, Whole Grains, and Sodium Flexibilities: Notice of Vacatur,” 85
Programs: Rescission of Milk, Whole Grains, and Sodium Flexibilities: Notice of Vacatur,” 85
Federal Register 74847, November 24, 2020), reverting the programs to the whole grain policies established in the 2012 74847, November 24, 2020), reverting the programs to the whole grain policies established in the 2012
rule. rule.
Buy American
Section 12(n) of the Richard B. Russell National School Lunch Act requires Section 12(n) of the Richard B. Russell National School Lunch Act requires
school food
authorities1521 to purchase domestic commodities or products “to the maximum extent to purchase domestic commodities or products “to the maximum extent
practicable.”practicable.”
1622 The U.S. territories, Alaska, and Hawaii are exempt from this rule except that The U.S. territories, Alaska, and Hawaii are exempt from this rule except that
school food authorities in Hawaii and Puerto Rico must prioritize commodities or products from school food authorities in Hawaii and Puerto Rico must prioritize commodities or products from
their jurisdictions when they are produced “in sufficient quantities to meet the needs of [school] their jurisdictions when they are produced “in sufficient quantities to meet the needs of [school]
meals.” USDA has not specified a limit on nondomestic purchases in regulations or guidance. Its meals.” USDA has not specified a limit on nondomestic purchases in regulations or guidance. Its
current guidance permits school food authorities to make exceptions to the Buy American current guidance permits school food authorities to make exceptions to the Buy American
requirements on a limited basis when requirements on a limited basis when
• a product “is not produced or manufactured in the U.S. in sufficient and a product “is not produced or manufactured in the U.S. in sufficient and
reasonably available quantities of a satisfactory quality,” or
reasonably available quantities of a satisfactory quality,” or
15
• “competitive bids reveal the costs of a U.S. product are significantly higher than
the non-domestic product.”23
School food authorities must interpret when this is the case and document any exceptions they make.24
The final rule institutes new limits on nondomestic purchases: 10% of school food authorities’ annual commercial food purchases beginning in SY2025-2026, 8% beginning in SY2028-2029,
21 Federal regulations designate school food authorities as the local authorities in charge of operating the school meal Federal regulations designate school food authorities as the local authorities in charge of operating the school meal
programs; typically, these are foodservice departments within school districts. programs; typically, these are foodservice departments within school districts.
1622 Statute defines Statute defines
domestic commodities or products as those that are both produced and processed substantially in the as those that are both produced and processed substantially in the
United States. Accompanying conference report language elaborated that United States. Accompanying conference report language elaborated that
processed substantially means that the means that the
product is processed in the United States and contains over 51% domestically grown ingredients. U.S. Congress, product is processed in the United States and contains over 51% domestically grown ingredients. U.S. Congress,
Conference Committee, William F. Goodling Child Nutrition Reauthorization Act of 1998, conference report to Conference Committee, William F. Goodling Child Nutrition Reauthorization Act of 1998, conference report to
accompany H.R. 3874, 105th Cong., 2nd sess., H.Rept. 105-786 (Washington, DC: GPO, 1998), p. 38. accompany H.R. 3874, 105th Cong., 2nd sess., H.Rept. 105-786 (Washington, DC: GPO, 1998), p. 38.
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“competitive bids reveal the costs of a U.S. product are significantly higher than
the non-domestic product.”17
School food authorities must interpret when this is the case and document any exceptions they make.18
The proposed rule would institute a new limit on nondomestic purchases: 5% of school food authorities’ annual commercial food purchases.19 School food authorities would23 USDA, FNS, “Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program,” June 30, 2017, https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american. 24 A recent U.S. Government Accountability Office (GAO) report recommended that USDA standardize this process. GAO, “School Meal Programs: USDA Could Enhance Implementation of the Buy American Provision,” GAO-23-105884, April 13, 2023, https://www.gao.gov/products/gao-23-105884.
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and 5% beginning in SY2031-2032.25 School food authorities will be required to be required to
document compliance with this threshold. The document compliance with this threshold. The
proposed rule would also maintainrule also maintains the requirement the requirement
that nondomestic purchases meet one of the two reasons for exception listed abovethat nondomestic purchases meet one of the two reasons for exception listed above
. The proposed rule would also codify (related to product availability and cost)—though it changes the product availability criterion.26 The rule also codifies current current
guidance regarding the application of the Buy American rules to fish and fish productsguidance defining domestically harvested fish. .
Other Changes
Sourcing Local Foods
Under current law, child nutrition program operators are allowed to apply a preference for local
Under current law, child nutrition program operators are allowed to apply a preference for local
products (products (
referred to as geographic preference) when reviewing proposals and bids from vendors (e.g., they ) when reviewing proposals and bids from vendors (e.g., they
may award additional points for local products when scoring proposals).may award additional points for local products when scoring proposals).
20 USDA proposes expanding27 The final rule expands local procurement options for local procurement options for
program operators by additionally allowing “locally grown, operators by additionally allowing “locally grown,
raised, or caught” to be used as a procurement specification (i.e., raised, or caught” to be used as a procurement specification (i.e.,
“a written description of the product or service that the vendor must meet to be considered responsive and responsible”) for unprocessed or minimally processed food itemsa requirement) in soliciting unprocessed or minimally processed food items, effective SY2024-2025. The final rule does not specify a definition of local for such purposes; rather, it allows state agencies and program operators to adopt their own definitions. .
Changes for Schools Serving American Indian and Alaska Native Students
In addition to certain U.S. territories, the
In addition to certain U.S. territories, the
proposed rule would allowfinal rule allows tribally operated schools, tribally operated schools,
Bureau of Indian Education schools, schools serving primarily American Indian or Alaska Native Bureau of Indian Education schools, schools serving primarily American Indian or Alaska Native
children,children,
21 28 and schools in Hawaii and Guam to serve vegetables to meet and schools in Hawaii and Guam to serve vegetables to meet
the minimumminimum daily and weekly grains grains
requirements (e.g., requirements (e.g.,
at least 1 ounce equivalent daily for students in grades K-5,students in grades K-5 must be provided at least 1 ounce equivalent of grains daily and 8-9 ounce and 8-9 ounce
equivalents equivalents
over the course of a week)weekly) starting in SY2024-2025. USDA’s stated intent is to make it easier to serve . USDA’s stated intent is to make it easier to serve
traditional foods such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams. This traditional foods such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams. This
change change
wouldis also also
to be made to nutrition standards in CACFP and SFSP. be made to nutrition standards in CACFP and SFSP.
The proposed rule would also codifyThe rule also codifies a definition of a definition of
traditional foodIndigenous foods and current agency policy allowing and current agency policy allowing
traditionalsuch foods to foods to
be served as part of reimbursable school meals.
17 USDA, FNS, “Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program,” June 30, 2017, https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american. 18 A recent U.S. Government Accountability Office (GAO) report recommended that USDA standardize this process. GAO, “School Meal Programs: USDA Could Enhance Implementation of the Buy American Provision,” GAO-23-105884, April 13, 2023, https://www.gao.gov/products/gao-23-105884.
19 In the rule, USDA cites a forthcoming study showing that 26% of school food authorities reported using Buy American exceptions, and such exceptions made up 8.5% of these school food authorities’ purchases in SY2017-2018.
20be served as part of reimbursable school meals.
Educational Requirements for School Nutrition Program Directors
Under current regulations, school nutrition program director hires in mid-sized districts (2,500 to less than 10,000 students) are required to have at least an associate’s degree, and hires in large districts (10,000 or more students) are required to have a bachelor’s degree.29 The proposed rule would allow state agencies to approve hires that do not meet these education requirements if they have at least 10 years of school nutrition program experience starting in SY2024-2025.
25 In the rule, USDA cites a forthcoming study showing that 26% of school food authorities reported using Buy American exceptions, and such exceptions made up 8.5% of these school food authorities’ purchases in SY2017-2018. 26 Specifically, it allows exceptions when “the product is listed on the Federal Acquisitions Regulations (FAR) 25.104 Nonavailable articles list and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality” (p. 32027). If a product is on the FAR list, no further documentation is required. 27 Section 9(j) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(j)); and USDA, FNS, Section 9(j) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(j)); and USDA, FNS,
“Procurement Geographic Preference Q&As,” February 1, 2011, https://www.fns.usda.gov/procurement-geographic-“Procurement Geographic Preference Q&As,” February 1, 2011, https://www.fns.usda.gov/procurement-geographic-
preference-qas. preference-qas.
2128 Defined as “schools where American Indian or Alaska Native children represent the largest demographic group of Defined as “schools where American Indian or Alaska Native children represent the largest demographic group of
enrolled children.” enrolled children.”
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Educational Requirements for School Nutrition Program Directors
Under current regulations, school nutrition program director hires in mid-sized districts (2,500 to less than 10,000 students) are required to have at least an associate’s degree, and hires in large districts (10,000 or more students) are required to have a bachelor’s degree.22 The proposed rule would allow state agencies to approve hires that do not meet the education requirements if they have at least 10 years of school nutrition program experience.29 For further information about federal requirements for the school nutrition workforce, see CRS Report R47199, The School Foodservice Workforce: Characteristics and Labor Market Outcomes.
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Afterschool Snack Nutrition Standards
The
The
proposed rule would updatefinal rule updates nutrition standards for the NSLP Afterschool Snack Program to nutrition standards for the NSLP Afterschool Snack Program to
reflect current statutory requirements. Specifically, statute requires that nutritional requirements reflect current statutory requirements. Specifically, statute requires that nutritional requirements
for afterschool snacks served through the CACFP At-Risk Afterschool Meal and Snack Program for afterschool snacks served through the CACFP At-Risk Afterschool Meal and Snack Program
also apply to the NSLP Afterschool Snack Program.also apply to the NSLP Afterschool Snack Program.
2330 This This
wouldwill generally result in stricter generally result in stricter
requirements related to fruits and vegetables, low-fat milk, whole grains, and grain-based desserts requirements related to fruits and vegetables, low-fat milk, whole grains, and grain-based desserts
in the NSLP Afterschool Snack Program. in the NSLP Afterschool Snack Program.
NSLP Afterschool Snack Program operators must implement these changes by SY2025-2026.
Fruits and Vegetables in School Breakfasts
Under program regulations, schools are allowed to substitute vegetables for fruits in school
Under program regulations, schools are allowed to substitute vegetables for fruits in school
breakfasts, but not all of those vegetables can be starchy vegetablesbreakfasts, but not all of those vegetables can be starchy vegetables
.24 Since FY2019, (e.g., breakfast potatoes).31 Since FY2019 (as of the cover date of this report), appropriations acts have waived this requirement—allowing any amount of starchy vegetables to appropriations acts have waived this requirement—allowing any amount of starchy vegetables to
substitute for fruit in school breakfasts. substitute for fruit in school breakfasts.
USDA proposes to continueThe final rule continues to restrict the types of to restrict the types of
vegetables that may be substituted for fruits in school breakfasts, but only when schools make vegetables that may be substituted for fruits in school breakfasts, but only when schools make
substitutions more than one day per weeksubstitutions more than one day per week
(the FY2024 appropriations act overrides this requirement for SY2024-2025). .
Exemption for HummusBean Dip as a Food Sold in Schools
Current nutritional requirements for competitive foods include limits on total fat and saturated fat.
Current nutritional requirements for competitive foods include limits on total fat and saturated fat.
Several products receive exemptions from the fat limits under current regulations (e.g., reduced Several products receive exemptions from the fat limits under current regulations (e.g., reduced
fat cheeses, whole eggs, and nut and seed butters). The fat cheeses, whole eggs, and nut and seed butters). The
proposal would exempt hummusfinal rule also exempts bean, pea, and lentil dips (e.g., hummus) from the from the
total fat standard but not from the saturated fat standardtotal fat standard but not from the saturated fat standard
starting in SY2024-2025. .
Nuts and Seeds
Nut and seed butters (e.g., peanut butter and sunflower butter) can currently fulfill meat/meat
Nut and seed butters (e.g., peanut butter and sunflower butter) can currently fulfill meat/meat
alternate requirements in the child nutrition programs. alternate requirements in the child nutrition programs.
For consistency, USDA proposes allowing According to USDA, for consistency, the final rule allows nuts and seeds (e.g., peanuts and sunflower seeds) to fulfill the entire meat/meat alternate nuts and seeds (e.g., peanuts and sunflower seeds) to fulfill the entire meat/meat alternate
component as well (currently, nuts and seeds may only count toward half of the requirement)component as well (currently, nuts and seeds may only count toward half of the requirement)
starting in SY2024-2025. . This change This change
wouldwill also be made to nutrition standards in also be made to nutrition standards in
CACFP and SFSP.
Meal Modifications for Students with Disabilities
Under current school meal regulations, schools may make meal substitutions that do not meet the nutrition standards—including milk substitutions—for students with disabilities who have a written statement signed by a licensed physician.32 The final rule expands the type of healthcare professionals that can provide medical notes for students making a disability-related meal modification request: allowing both state licensed healthcare professionals (individuals who are authorized to write medical prescriptions under state law, which may include nurse practitioners
30CACFP and SFSP.
22 For further information about federal requirements for the school nutrition workforce, see CRS Report R47199, The
School Foodservice Workforce: Characteristics and Labor Market Outcomes.
23 Section 17A(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a(d)). Section 17A(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a(d)).
2431 Specifically, at least 2 cups per week must be from the dark green, red/orange, beans and peas, or other vegetable Specifically, at least 2 cups per week must be from the dark green, red/orange, beans and peas, or other vegetable
subgroups defined in regulations at 7 C.F.R. §220.8(c) and (c)(2)(ii). subgroups defined in regulations at 7 C.F.R. §220.8(c) and (c)(2)(ii).
32 Note that meal substitutions that meet nutrition standards can be provided with or without a medical note for students with or without disabilities.
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and physician’s assistants) (starting immediately) and registered dieticians (starting in SY2025-2026) to provide such statements. The rule makes similar changes to CACFP.
Estimated Cost The finalEstimated Cost
The proposed rule includes a Regulatory Impact Analysis that estimates that the changes would rule includes a Regulatory Impact Analysis that estimates that the changes would
cost school districts an additional 3cost school districts an additional 3
-4 cents per meal cents per meal
and $220-$274 million annually, on average.25 The largest costs would be related to the sodium proposal ($120 million annually), followed by the added sugars proposal ($80 million annually), and the milk proposal (option 1, $53 million)., on average, and a nationwide total of approximately $206 million annually ($1.645 billion over eight school years).33 There are no estimated changes in federal costs. The largest costs to schools are related to the added sugars policy ($110 million annually) and the sodium policy ($86 million annually). USDA also estimates a yearly average of $16 million in administrative costs. Most costs are associated with “shifts in purchasing patterns and increased labor costs.”34 Sodium costs, for example, would stem from the price of lower-sodium products Sodium costs, for example, would stem from the price of lower-sodium products
and labor costs associated with preparing lower sodium meals. There is currently no federal and labor costs associated with preparing lower sodium meals. There is currently no federal
funding dedicated to implementing the rule, though USDA touted funding available through funding dedicated to implementing the rule, though USDA touted funding available through
the its Healthy Meals Incentives initiative Healthy Meals Incentives initiative
in its announcement of the proposal.26
Stakeholder Reactions and Next Steps
By the end of March 2023, there were roughly 60,000 comments on the proposed rule. These comments represent perspectivesand the Patrick Leahy Farm to School Grant Program in the final rule.35
Stakeholder Reactions and Next Steps The proposed rule garnered significant attention, receiving 136,000 comments, approximately 5,000 of which were unique. The comments came from a variety of stakeholders, including school nutrition from a variety of stakeholders, including school nutrition
professionals, parents, public health advocates, and food industry representativesprofessionals, parents, public health advocates, and food industry representatives
., and were mixed in terms of their support.36 Many stakeholders supported stricter requirements (particularly new added sugar limits) in the vein of improving children’s health, while some industry representatives advocated against restrictions on flavored milk and product-based added sugar limits.37 The School The School
Nutrition Association, a membership organization for school nutrition professionals, argued that Nutrition Association, a membership organization for school nutrition professionals, argued that
programs programs
“lacklacked the capacity the capacity
” to meet stricter standards in the wake of supply chain issues and to meet stricter standards in the wake of supply chain issues and
labor shortages, and labor shortages, and
worryworried about the palatability of about the palatability of
the changes to children and the impact on changes to children and the impact on
participation (and, therefore, revenue).27 There were mixed reactions from industry groups, including some proponents of the milk changes and some opponents to the added sugars limits.28 Other organizations, such as the American Heart Association, supported the proposal, particularly the new added sugars limits, maintaining that the changes would improve children’s diets and ultimately their health outcomes.29 USDA similarly emphasized the impacts on children’s nutrition and health in the proposed rule, frequently citing findings from its School Nutrition and Meal Cost Study.30
The comment period on the rule closes on May 10, 2023, and USDA says in the rule that it plans to issue a final rule prior to SY2024-2025. However, under the proposal, not all changes would take effect immediately. The whole grains changes would take effect immediately, whereas milk, sodium, and product-based added sugars rules would start taking effect in SY2025-2026. The weekly cap on added sugars would take effect two years later, in SY2027-2028.31
25 See the “Regulatory Impact Analysis” section and Table 23 on page 8134 of 88 Federal Register 8050. 26 USDA, “USDA Announces Steps To Improve Child Health through Nutritious School Meals, February 3, 2023,” https://www.usda.gov/media/press-releases/2023/02/03/usda-announces-steps-improve-child-health-through-nutritious-school. For more information on the Healthy Meals Incentives initiative, see USDA, FNS, “Healthy Meals Incentives,” https://www.fns.usda.gov/cnp/healthy-meals-incentives.
27 School Nutrition Association, “SNA Comments on Proposed Nutrition Standards,” March 27, 2023, https://schoolnutrition.org/wp-content/uploads/2023/03/2023-SNA-Comments-on-Proposed-Nutrition-Standards.pdf.
28 National Milk Producers Federation, “NMPF Protecting Dairy in Schools,” March 2, 2023, https://www.nmpf.org/nmpf-protecting-dairy-in-schools; and PBS, “New federal rules would limit sugar in school meals for the 1st time,” February 3, 2023, https://www.pbs.org/newshour/health/new-federal-rules-would-limit-sugar-in-school-meals-for-the-first-time.
29 American Heart Association, “Updated USDA nutrition standards will produce healthier school meals,” February 3, 2023, https://newsroom.heart.org/news/updated-usda-nutrition-standards-will-produce-healthier-school-meals.
30 USDA, FNS, Office of Policy Support, School Nutrition and Meal Cost Study, April 2019, https://www.fns.usda.gov/school-nutrition-and-meal-cost-study.
31 USDA, FNS, “Proposed Implementation Timeline for Updating the School Meal Standards,” February 3, 2023, https://www.fns.usda.gov/cn/proposed-timeline-updating-school-meal-standards.
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In contrast, according to one media outlet, the final rule “has been broadly cast as a meaningful compromise, receiving positive reactions from across the spectrum.”39 While calling for additional federal funding to support schools in implementing the changes, the School Nutrition
33 See the “Regulatory Impact Analysis” section starting on page 32093 and Table 20 on page 32113 of 89 Federal Register 31962.
34 Ibid. 35 Ibid., p. 31964. 36 USDA-FNS analyzed and summarized the comments in the final rule and in an accompanying document (USDA, FNS, “Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans: Revised Final Narrative Summary of Public Comments,” Docket FNS-2022-0043, prepared by ICF, July 29, 2023, https://www.regulations.gov/document/FNS-2022-0043-96125).
37 National Milk Producers Federation, “NMPF Protecting Dairy in Schools,” March 2, 2023, https://www.nmpf.org/nmpf-protecting-dairy-in-schools; PBS, “New federal rules would limit sugar in school meals for the 1st time,” February 3, 2023, https://www.pbs.org/newshour/health/new-federal-rules-would-limit-sugar-in-school-meals-for-the-first-time; and American Heart Association, “Updated USDA nutrition standards will produce healthier school meals,” February 3, 2023, https://newsroom.heart.org/news/updated-usda-nutrition-standards-will-produce-healthier-school-meals.
38 School Nutrition Association, “SNA Comments on Proposed Nutrition Standards,” March 27, 2023, https://schoolnutrition.org/wp-content/uploads/2023/03/2023-SNA-Comments-on-Proposed-Nutrition-Standards.pdf.
39 Helena Bottemiller Evich, “Is this the end of the school lunch wars?,” Food Fix, April 26, 2024.
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Association “expressed appreciation to USDA for reflecting feedback from school nutrition professionals in its final rule.”40 The Center for Science in the Public Interest, which advocates for healthier school meals, praised the added sugar limits while calling the sodium limits “a missed opportunity,” noting that they exceed recommended amounts for children.41 The National Milk Producers Federation thanked USDA for keeping flavored milk in the programs.42 The Sugar Association supported the 10% added sugar target but criticized the product-based limits on added sugars, arguing that they “could limit access to nutrient-dense foods that are associated with better overall diet quality and further expose children to massively increased use of artificial sweeteners.”43
As discussed in this report, the changes in the final rule are to phase in over the upcoming school years—largely starting in SY2025-2026. There are several potential implications of the rule. While some companies have already reformulated products to meet the new limits, food manufacturers may have to further reduce the sodium and added sugar content in foods sold to schools. This could potentially result in fewer available products and/or higher prices, and schools are already coping with some supply chain issues according to recent surveys.44 If existing federal funds are not enough to cover the difference, school districts may decide to raise funds from other sources, such as student payments or local or state tax revenue. Schools might also struggle with other aspects of the final rule, such as staffing costs and challenges (e.g., if they shift to more scratch cooking) and new administrative burdens (e.g., documentation associated with Buy American rules). There is also the question of whether the meal changes will be appealing to students and whether they will affect participation and revenue. Over the long term, research may shed light on whether the new standards have an effect on children’s diets and health outcomes.
There are no further updates to school nutrition standards scheduled for the near future. However, school nutrition standards are required by law to be consistent with the DGAs, which can necessitate updates when the DGAs change. It is also possible that Congress and/or future Administrations will decide to make changes to the standards through laws or rulemaking on their own timelines.
40 School Nutrition Association, “SNA Reacts to Release of Final School Nutrition Rule,” April 24, 2024, https://schoolnutrition.org/sna-news/sna-reacts-to-release-of-final-school-nutrition-rule.
41 Center for Science in the Public Interest, “USDA sets first added sugars limit on school breakfasts, lunches,” April 24, 2024, https://www.cspinet.org/statement/usda-sets-first-added-sugars-limit-school-breakfasts-lunches.
42 National Milk Producers Federation, “NMPF Thanks USDA for Keeping Low-Fat Flavored Milk in Schools, Culminating 12-Year Effort,” April 24, 2024, https://www.nmpf.org/nmpf-thanks-usda-for-keeping-low-fat-flavored-milk-in-schools-culminating-12-year-effort.
43 The Sugar Association, “USDA school meals rule could decrease diet quality, expose kids to more artificial sweeteners,” April 24, 2024, https://www.sugar.org/resources/releases/usda-school-meals-rule-could-decrease-diet-quality-expose-kids-to-more-artificial-sweeteners.
44 For example, see USDA, FNS, “Results of USDA’s Food and Nutrition Service-Administered School Food Authority Survey II on Supply Chain Disruption and Student Participation,” July 2023, https://www.fns.usda.gov/research/cn/results-fns-administered-sfa-survey2-supply-chain-disruption; and School Nutrition Association, “Staying Afloat in a Perfect Storm,” July 2022, https://schoolnutrition.org/wp-content/uploads/2022/07/Jul22-SupplyChainReport.pdf.
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Author Information
Kara Clifford Billings Kara Clifford Billings
Analyst in Social Policy
Analyst in Social Policy
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