Local School Wellness Policy Final Rule--Revised

This management bulletin (MB) supersedes MB SNP 13-2017 and provides a more succinct description of local school wellness policy (LSWP) requirements. The oversight, development, implementation, and monitoring of the LWSP is a local educational agency (LEA) function.

Effective August 29, 2016, the U.S. Department of Agriculture (USDA), Food and Nutrition Service (FNS) Final Rule: Local School Wellness Policy Implementation Under the Healthy, Hunger-Free Kids Act (HHFKA) of 2010 (81 FR 50151) requires LEAs to, among other things, adopt a LSWP. This requirement was adopted with the goal of strengthening the ability of an LEA to create a school environment that promotes student health, well-being, and ability to learn.

These LSWP requirements are codified in 7 CFR 210.31 and apply to LEAs that participate in the National School Lunch Program (NSLP) or School Breakfast Program (SBP).

This final rule can be accessed on the USDA FNS School Meals Final Rule web page at https://www.fna.usda.gov/cn/fr-072916c.

Local School Wellness Policy Requirements

Overview

Each LEA must establish a LSWP for all schools participating in the NSLP or SBP under its jurisdiction. The policy must be a written plan that includes, among other things, methods to promote student wellness, prevent and reduce childhood obesity, and provide assurance that school meals and other food and beverages sold and otherwise made available on the school campus during the school day are consistent with applicable minimum federal standards (7 CFR 210.31[a]).

In addition to the larger wellness policy goals mentioned above, 7 CFR 210.31(c) lists the required LSWP content, which is discussed in further detail in this MB, as follows:

1. Specific goals for nutrition promotion and education, physical activity, and other school-based activities that promote student wellness; in developing these goals, LEAs must review and consider evidence-based strategies and techniques.
   
   
2. Standards for all foods and beverages provided, but not sold, to students during the school day on each participating school campus under the jurisdiction of the LEA;
   
   
3. Standards and nutrition guidelines for all foods and beverages sold to students during the school day on each participating school campus under the jurisdiction of the LEA, that are consistent with the NSLP and SBP regulations, competitive food and beverage regulations, which includes marketing during the school day only items that meet the federal competitive food and beverage standards;
   
   
4. Identification of the position of the LEA or school official(s) responsible for the implementation and oversight of the local school wellness policy to ensure each school's compliance with the policy;
   
   
5. A description of the manner in which parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public are provided an opportunity to participate in the development, implementation, and periodic review and update of the local school wellness policy; and
   
   
6. A description of the plan for measuring the implementation of the local school wellness policy, and for reporting local school wellness policy content and implementation issues to the public.

In addition to the six requirements listed above, local school wellness policies must include the full nondiscrimination statement as required by 7 CFR 15 “Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture”.

Goals for Nutrition Promotion and Education, Physical Activity, and Other School-based Activities

The LSWP must, per 7 CFR 210.21(c)(1), include specific goals, informed by evidence-based strategies and techniques for:

• Nutrition promotion
• Nutrition education
• Physical activity
• Other school-based activities that promote student wellness.

While there is no requirement that an LEA identify time or frequency specifications (i.e., days per week, and minutes per day/week) for these goals, writing specific and measurable goals are helpful to the LSWP assessment process that will evaluate progress towards meeting them. It is also recommended that nutrition education be part of a comprehensive health education curricula as well as integrated into other core subjects.

Standards for Foods and Beverages Provided but Not Sold

LEAs must include in their LSWP standards for foods and beverages provided, but not sold, to students during the school day on each participating school campus (7 CFR 210.31[c][2]). Examples of such items include food and beverages provided for classroom parties, school celebrations, or rewards and incentives.

While there are currently no federal requirements governing food and beverages given away, California does prohibit distributing items that contain brominated vegetable oil, potassium bromate, propylparaben, or red dye 3 effective January 1, 2027 (HSC 109025). LEAs have the opportunity to define their own nutrition culture through the establishment of additional local nutrition standards that may be more restrictive than existing state and federal regulations for foods and beverages provided but not sold to students.

Standards and Nutrition Guidelines for Food and Beverages Sold

LEAs must include in their LSWPs standards and nutrition guidelines for foods and beverages sold to students on campus during the school day, as stated in 7 CFR 210.31(c)(3). When drafting these standards and guidelines, LEAs should also include applicable California-specific requirements for school meals and competitive foods that, for example, ban certain food additives and food dyes, require whole grain competitive entrees, and prohibit the sale and service of par, flash, or deep fried foods (EC 49501.5, 49430.7–49431.5; HSC 109025). For more information on California-specific requirements for competitive foods, review Management Bulletins: Competitive Foods and Beverages Overview (SNP 04-2025), Competitive Food and Beverage Entrées, Nutrient Standards, and Exemptions (SNP-05-2025), and Competitive Foods-Determining Compliant Beverages (SNP-06-2025).

Policies for Food and Beverage Marketing

Per 7 CFR 210.31(c)(3)(iii), LSWPs must contain language that food and beverage items advertised on school grounds during the school day must meet the federal competitive food and beverage standards described in 7 CFR 210.11, regardless of where or when these foods or beverages are purchased, distributed, or consumed.

Marketing commonly includes oral, written, or graphic statements, including logos and trademarks, made for the purpose of promoting the sale of a food or beverage product. Therefore, the marketing standards apply to items such as posters, flyers, and other printed materials advertising products. It also applies to prizes or other premium items given to students to promote a product, cups used for beverage dispensing, and various equipment, such as the exterior of vending machines, menu boards, coolers, trash cans, and other food service equipment. Noncompliant items do not need to be replaced immediately, however, as LEAs review new contracts and consider replacing durable equipment, decisions should reflect the applicable marketing guidelines established in the LEA LSWP.

Examples of marketing exempt from LSWP include:

• Materials used for educational purposes in the classroom
• When implementing a health or nutrition curriculum that favors the consumption of some foods over others
• Items of personal expression such as clothing
• Packing of products brought from home for personal consumption

An example of unallowable marketing may be a poster displayed or flyer distributed to students on school campus, during the school day that markets a pizza night fundraiser. Regardless if the pizza night occurs off school campus and/or outside of the school day, the poster or flyer cannot be posted or distributed for this event unless all items allowed for sale for this fundraiser meet the federal Smart Snacks in Schools (SSIS) requirements. When a restaurant sells items that do not meet the SSIS requirements, it cannot be marketed to students on school campus, during the school day. If, on the other hand, specific items that meet the SSIS requirements are being marketed and those are the only items allowed for sale during the fundraiser, then the marketing of these items is allowed.

School food service departments are reminded to also consider how they market or advertise their offerings in the school meal programs. The LSWP regulations do not allow the marketing or advertising of individual foods or beverages if they do not meet the SSIS requirements—regardless if, how, or where these items are being sold. For example, a district food service department cannot market or advertise a side dish that is served solely as a part of the school meal program if it does not meet the SSIS requirements.

Additional information can be found on the USDA Final Rule: Local School Wellness Policy Implementation Under the HHFKA of 2010 web page at https://www.fna.usda.gov/cn/fr-072916c.

State-specific Policies for Food and Beverage Marketing

In addition to federal marketing and advertising requirements, EC 49431.9 prohibits a school, school district or charter school that is participating in the NSLP or SBP from:

• Advertising any food or beverage during the school day on any property or facility owned or leased by the school district or school and used for school-related activities, including, but not limited to, school buildings, athletic fields, facilities, signs, scoreboards, or parking lots, or any school buses or other vehicles, equipment, vending machines, uniforms, educational material, or supplies, unless the item complies with the applicable state and federal competitive food requirements
  
  
• Participating in a corporate incentive program that rewards students with free or discounted foods or beverages that do not comply with the state and/or federal competitive food requirements

These restrictions do not apply to any of the following:

• Advertising on broadcast, digital, or print media, unless the media are produced or controlled by the LEA, school, faculty, or its students
• Advertising on clothing with brand images
• Advertising contained in product packaging

Noncompliant items and materials purchased prior to January 1, 2018, must be brought into compliance as these items are replaced or contracts are renegotiated.

While this EC allows advertising of infrequent school fundraising events for food or beverages that do not meet the state and/or federal competitive food requirements, the applicable federal rule is stricter and does not allow this practice. Therefore, public noncharter schools and school districts, or charter schools, participating in the NSLP or SBP are not allowed to advertise on school campus during the school day any foods or beverages that do not comply with the state and federal competitive food requirements, including infrequent school fundraising events.

Identification of Local School Wellness Policy Leadership

Each LEA is required to designate one or more LEA or school officials to ensure that participating schools comply with the LSWP (7 CFR 210.31[e][1]). An LEA has discretion regarding which LEA or school official to select. Once identified, the position or official responsible for the implementation and oversight of the LSWP must be noted in the LSWP (7 CFR 210.31[c][4]).

Public Participation in the Local School Wellness Policy

As defined in 7 CFR 210.31(c)(5), the LSWP must contain a description of the manner in which parents, students, school food authority representatives, teachers of physical education, school health professionals, the school board, school administrators, and members of the general public are provided an opportunity to participate in the development, implementation, and periodic review and update of the LSWP. Public involvement is often achieved through the formation of an LSWP committee.

It is important to note that federal regulations specifically require public access during each step of the LSWP process, from development to evaluation. While LEAs have discretion in exactly how they implement this requirement, a good-faith effort to promote and encourage public participation at every stage should be made.

Measuring Implementation, Conducting Assessments, and Providing Updates

LEAs are required to assess compliance with their LSWP at least once every three years, referred to as the triennial assessment, and to make the assessment results available to the public. The assessment must measure the implementation of the LSWP and include, at a minimum:

• Extent to which schools under the jurisdiction of the LEA are in compliance with the LSWP
• The extent to which the LEA’s LSWP compares to a model LSWP
• A description of progress made in attaining the goals of the LSWP

LEAs are also required to make appropriate updates or modifications to the LSWP based on the triennial assessment.

Note that while there is no requirement for LEAs to annually report progress of LSWPs for each school, recall that LEAs are required to annually notify the public about the content of the LSWP and any updates to the policy (7CFR 210.31[d][2]).

LEAs may use a variety of methods to assess compliance with the LSWP and progress toward benchmarks, goals, and objectives. Developing an LSWP with measurable objectives and realistic annual benchmarks will help when it is time to evaluate progress. The USDA's LSWP Implementation Tools and Resources web page, accessed at https://www.fna.usda.gov/tn/implementation-tools-and-resources provides model wellness policy examples, wellness committee resources, and triennial assessment resources.

Public Notification

As noted previously, LEAs are required to annually notify households of the availability of the LSWP, as well as any updates made to the policy (7 CFR 210.31[d][2]). Schools and school districts are also encouraged to include, as a part of that notification, a summary of each school’s events or activities related to LSWP implementation. Additionally, while there is no set timeframe or deadline for this annual announcement, the USDA recommends providing this information at or near the start of each school year. Best practices for providing public notification include highlighting the policy on school websites, linking to the policy in social media accounts, sending updates in a parent or school newsletter, and including the policy in a presentation during parent and staff meetings.

An LEA must also inform the public about progress towards meeting LSWP goals and compliance with the LSWP by making the triennial assessment available to the public in an accessible and easily understood manner (7 CFR 210.3[d][3]). See below for additional information on the triennial assessment requirement.

Recordkeeping

LEAs are required to retain records that document compliance with the LSWP requirements (7CFR 210.31[f]). Examples of such documentation include, but are not limited to:

• The most current and approved LSWP
  
  
• Documentation showing how the LEA involved the community
  • For example, a copy of the invitation to participate, which is located on the LEA’s Web page or in a school newsletter or flyer, a list of members involved
    
    
• Documentation demonstrating how the LSWP was compared to a model policy
  • For example, a completed comparison tool such as the WellSat
    
    
• Documentation showing how the LSWP, any updates, and the triennial assessment were made available to the public
  • For example, the posted policy, summary of updates or triennial assessment on the LEA’s Web page or linked or summarized in a school newsletter or flyer
    
    
• The triennial assessment
  • For example, a copy of the report with the results of the assessment and the date the assessment was conducted

Nondiscrimination Statement

Per 7 CFR Part 15 Nondiscrimination, LEAs are required to include the full nondiscrimination statement on their local school wellness policy (https://www.fna.usda.gov/civil-rights/nds).

Additional Resources

Additional information is available on the:

• The CDE Nutrition Services Division’s LSWP web page, accessed at https://www.cde.ca.gov/ls/nu/he/wellness.asp#assessment 
  
  
• USDA's LSWP Implementation Tools and Resources web page, accessed at https://www.fna.usda.gov/tn/implementation-tools-and-resources
  
  
• The California Local School Wellness Policy Collaborative web page, accessed at https://dairycouncilofca.org/who-we-are/get-involved/california-local-school-wellness-policy-collaborative
  
  
• USDA Food and Nutrition Association Nondiscrimination Statements web page, accessed at https://www.fna.usda.gov/civil-rights/nds.

Contact Information

Email LSWP@cde.ca.gov with questions.