The U.S. Department of Health and Human Services, Food and Drug Administration (FDA) published the final rule, Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments in the Federal Register (79 FR 71155) on Dec. 1, 2014.
The purpose of this memo is to clarify Smart Snacks standards for exempt foods that are paired together as a single snack.
This memorandum is to inform you that all foods of minimal nutritional value exemptions will end on June 30, 2014. Therefore, the attached list, Exemptions Under the Competitive Foods Regulation will become obsolete on July 1, 2014. Beginning July, 1, 2014, the interim final rule for Smart Snacks in School will go into effect for school year 2014-15. Therefore, any competitive foods and beverages must meet the nutrition standards specified in the interim final rule.
It has come to our attention that there may be some confusion concerning fluid milk, and how it is offered in reimbursable lunches. Under all menu planning approaches, fluid milk is a separate food component/menu item.
This notice corrects Title 7 of the Code of Federal Regulations, parts 210 to 299.
This final rule also adds a method that allows schools to use “any reasonable approach” to plan menus.