The purpose of this amendment is to adopt the United States Department of Agriculture competitive food standards and establish an exemption for infrequent school-sponsored fundraisers during the school day as allowed by the Healthy, Hunger-Free Kids ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food, Nutrition and Wellness

RULE NO.:RULE TITLE:

5P-1.003Responsibilities for the School Food Service Program

PURPOSE AND EFFECT: The purpose of this amendment is to adopt the United States Department of Agriculture competitive food standards and establish an exemption for infrequent school-sponsored fundraisers during the school day as allowed by the Healthy, Hunger-Free Kids Act of 2010. The effect is to adopt the competitive food standards as established by the United States Department of Agriculture that go into effect on July 1, 2014 for those schools participating in the National School Lunch Program and School Breakfast Program to follow and allow those schools to have infrequent school-sponsored fundraisers that do not comply with the United States Department of Agriculture competitive food standards.

SUMMARY: The proposed rule amends the current rule to require that competitive food and beverage items sold to students during the school day which meet the nutrition standards for competitive food as defined and required in 7 CFR 210.11 (as amended by the USDA Food and Nutrition Service Interim Final Rule) are not allowable until one (1) hour after the conclusion of the district school food service program’s last designated meal period unless the items are being sold by the district school food service program during its designated meal service periods. The proposed rule permits each district school board to grant a special exemption from the nutrition standards for competitive foods as required in 7 CFR 210.11 for the purpose of conducting infrequent school-sponsored fundraisers. The proposed rule defines the term “school-sponsored fundraiser,” and encourages the establishment of a Healthy School Team by each school for the purposes of supporting the efforts of each school district’s local wellness policy.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon a survey of a diverse cohort of stakeholders. The Department also received feedback and estimated costs through three workshops conducted across the state. Additionally, no interested party submitted additional information regarding the economic impact. Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 570.07(23), 595.404(3), (9) FS.

LAW IMPLEMENTED: 595.404(1), (3), (4) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, June 18, 2014, 4:00 p.m. – 6:00 p.m.

PLACE: Florida Department of Agriculture and Consumer Services, Eyster Auditorium, 3125 Conner Boulevard Tallahassee, FL 32399

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robin Safley, 1(800)504-6609 or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5P-1.003 Responsibilities for the School Food Service Program.

(1) No change.

(2)(a) through (b) No change.

(c) To control the sale of food and beverage items in competition with the district approved food service program, including those classified as “foods of minimal nutritional value,” listed in Code of Federal Regulations 210, Appendix B. These items may be sold in secondary schools only, with the approval of the school board, one (1) hour following the close of the last lunch period. A school board may allow the sale of carbonated beverages to students in high schools by a school activity or organization authorized by the principal at all times if a beverage of one hundred (100) percent fruit juice is sold at each location where carbonated beverages are sold. However, carbonated beverages may not be sold where breakfast or lunch is being served or eaten. Non-carbonated beverages, including one hundred (100) percent fruit juice, may be sold at all times during the day at any location. Consideration should be given to allowing only the sale of nutritious food and beverage items which meet at least United States Department of Agriculture dietary guidelines for Americans. Competitive food and beverage items sold to students during the school day which meet the nutrition standards for competitive food as defined and required in 7 CFR 210.11 shall not be sold on any school campus until one (1) hour after the conclusion of the district school food service program’s last designated meal period unless the items are being sold by the district school food service program during its designated meal service periods. Each district school board is permitted to grant a special exemption from the nutrition standards for competitive foods as required in 7 CFR 210.11 for the purpose of conducting infrequent school-sponsored fundraisers not to exceed the following maximum number of school days per school campus each school year:

School Type	Maximum Number of Days Allowed for Exempted Competitive Food Fundraisers
Elementary Schools	0 days
Middle School/Junior High Schools	= 10 days
Senior High Schools	= 15 days
Combination Schools	= 10 days
Elementary Schools: Schools providing regular or other instruction at one or more grade levels from PK through grade 5. This category includes schools serving grade 6 if also serving one or more grades PK through 5 (e.g., a K-6 school). Middle/Junior High Schools: Schools providing regular or other instruction in middle school configurations (grades 6-8) and junior high school configurations (grades 7-9). This category also includes schools serving a single grade in the 6-8 range (e.g., a 6th grade center). Senior High Schools: Schools providing regular or other instruction at one or more grade levels from 9 to 12. This classification includes 9th grade centers. Combination Schools: Schools providing regular or other instruction in grade groupings that include more than one of the categories described above (e.g., PK-8, 6-12, K-12, etc.).

For the purposes of this section, “school-sponsored fundraiser” shall be defined as any event or activity occurring on the school campus during which currency, tokens, tickets, or the like are exchanged for the sale or purchase of items or services to benefit the school, a school organization or group, or a charitable organization, and which is authorized according to district school board policy and has been approved by the school principal or designee. Each district school board shall maintain records documenting the occurence of any exempted competitive food fundraisers to demonstrate compliance with this rule. In the absence of a Healthy School Team the Local Educational Agency shall maintain records demonstrating compliance in accordance with 7 CFR 210.11

(d) To encourage each school to establish a Healthy School Team. Any Healthy School Team should include, but not be limited to, the following stakeholders: parents, students, school food service program representatives, school administrators, school health professionals, physical education teachers and the public. A Healthy School Team should, at a minimum, be responsible for  ensuring compliance with paragraph (c) of this rule and 7 CFR 210.11 as it relates to competitive food and beverage items sold on school campuses; maintaining a school calendar identifying the dates when exempted competitive food fundraisers will occur in accordance with the frequency specified in paragraph (c) of this rule; and reporting its school’s compliance with this rule to the designated Local Educational Agency official or school official responsible for overall compliance with the Local Educational Agency’s wellness policy. In the absence of a Healthy School Team the Local Educational Agency shall maintain records demonstrating compliance in accordance with 7 CFR 210.11. To require that when competitive food and beverage items are sold during the school day all proceeds from such sales shall accrue to the food service program or to a school organization approved by the school board.

(e) through (l) No change.

(3) through (4) No change.

Rulemaking Authority 570.07(23), 595.404(3), (9), 1006.06(2) FS. Law Implemented 595.404(1), (3), (4), 1006.06, 1006.0605, 1006.0606 FS. History–Amended 3-26-66, 4-17-72, 4-19-73, 10-20-73, Revised 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 10-18-77, 12-11-79, 1-7-81, 7-28-81, 9-23-81, 6-28-83, 10-15-84, 7-10-85, Formerly 6A-7.42, Amended 5-3-88, 5-16-90, 6-30-92, Formerly 6A-7.042, Amended 10-11-99, 1-25-00, Formerly 6-7.042, 6A-7.0411, Amended___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Robin Safley, Director, Division of Food, Nutrition, and Wellness

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 29, 2014