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January 20, 2016

Senate Committee Unanimously Passes Childhood Nutrition Bill with King Provisions

WASHINGTON, D.C. – U.S. Senator Angus King (I-Maine) announced today that the Senate Agriculture Committee unanimously passed the Improving Child Nutrition Integrity and Access Act of 2016, a major piece of legislation that reauthorizes childhood nutrition programs and includes important provisions from two other bills that he introduced last year with Senator John Hoeven (R-N.D.) and Senator Jim Inhofe (R-Okla.). The included provisions from the Healthy School Meals Flexibility Act, which he cosponsored with Senator Hoeven, aim to improve nutrition standards and benefit students while easing some regulatory mandates on whole grains and sodium to alleviate the unintended challenges facing school meal programs. The included provision from the School Lunch Price Protection Act, which he cosponsored with Senator Inhofe, would prevent School Food Authorities (SFAs) from being forced to raise meal prices when a school's program is financially solvent.

The Improving Child Nutrition Integrity and Access Act of 2016 will now move to the Senate floor for consideration by the full Senate.

“The overwhelming and bipartisan support for this bill proves that even in today’s hyper-partisan climate, good policy can occasionally triumph,” Senator King said. “This unanimous vote of approval from the Agriculture Committee will help provide both healthy food for our students and flexibility for our schools. I look forward to working on this bill on the floor to ensure that kids receive nutritious meals without breaking the bank for local school districts. With the advancement of this legislation, we’re one step closer to realizing that goal.”

Senator King announced yesterday the agreement to include the King-Hoeven provisions in the Improving Child Nutrition Integrity and Access Act of 2016. The agreement was the result of bipartisan negotiations led by Senator Hoeven in collaboration with the Senate Agriculture Committee, the U.S. Department of Agriculture (USDA), the White House, and the non-profit School Nutrition Association.

Last year, Senators King and Hoeven introduced the bipartisan Healthy School Meals Flexibility Act in the Senate. The legislation sought to provide permanent flexibility for schools to comply with the USDA’s sodium and whole grain requirements under the National School Lunch and Breakfast programs. The legislation passed today incorporates key parts of the King-Hoven legislation, notably with regard to whole grains and sodium.

AGREEMENT SUMMARY:

  • WHOLE GRAINS:  Under current regulations, all grains offered with school meals must be whole grain rich – down to the croutons on the fresh salad bar. This agreement requires 80 percent of the grains offered with school meals to be whole grain rich, allowing schools to offer occasional servings of enriched grain products like white rice or corn tortillas to which nutrients have been added after processing. The change provides flexibility for schools struggling with product availability and allows schools to make special exceptions to appeal to diverse student tastes and regional preferences for items like white tortillas or biscuits that don’t meet current standards.
  • SODIUM:  Schools have made great strides in reducing sodium to meet Target 1 sodium levels, effective on July 1, 2014. However, school nutrition professionals have warned that later sodium targets will push many healthy options, like low-fat deli sandwiches, soups and salads off the menu, due in part to naturally occurring sodium in foods.

Under the agreement, schools gain two additional years to meet Target 2 limits, which will now take effect on July 1, 2019. Starting in 2019, a study will be conducted to determine whether scientific research supports the final sodium limits (effective July 1, 2022) and whether food companies are capable of preparing foods that meet those limits. The study will also evaluate the impact of Target 2 limits on student lunch participation, food cost, safety and food service operations.

  • A LA CARTE:  Smart Snacks in School regulations (effective July 1, 2014) severely limited the items sold in cafeteria a la carte lines, prohibiting the sale of everything from low-fat, whole-grain pizza to salads or hummus with a side of whole grain pretzels. As a result, students have fewer healthy choices in the cafeteria and schools have collected less revenue to offset the higher cost of meeting new regulations. This agreement will establish a working group to examine the impact of a la carte restrictions and recommend to USDA a list of allowable nutrient-rich food exemptions for a la carte sale.
  • LUNCH PRICE PROTECTION: Under current law, the U.S. Department of Agriculture (USDA) requires organizations tasked with administering school lunch programs – known as School Food Authorities (SFAs) – to increase prices for meals according to a formula called the Paid Lunch Equity Formula. The goal of the formula was to ensure that SFAs have adequate funds and are able to remain solvent. However, as currently designed, the formula can force an SFA to raise their meal prices even if the SFA has a positive fund balance. The increase in price can result in lunches becoming unaffordable, which forces parents to find the additional money or stop using the school lunch program altogether. The agreement mirrors Senator King’s School Lunch Price Protection Act by blocking these mandatory price increases for schools that meet or exceed the non-federal revenue target in their school food service accounts.

The Healthy School Meals Flexibility Act is endorsed by national school organizations including the School Nutrition Association (SNA) and the National School Boards Association. The School Lunch Price Protection Act is also endorsed by the SNA.

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