Federal

USDA Sifts Comments on School Vending Machines, ‘A La Carte’ Items

By Nirvi Shah — April 19, 2013 6 min read
In this Oct. 16, 2012 photo, a student reaches for apple slices placed among other fruits and vegetables such as fruit cocktail, carrots and oranges, at Norview High School in Norfolk, Va. The foods are part of the daily lunch menu. School cafeterias across the country are wrangling with the federal Healthy, Hunger-Free Kids Act of 2010, which requires schools that want certain federal funds to serve smaller lunches with more fruits and vegetables and less protein and carbohydrates.
  • Save to favorites
  • Print

High school students shouldn’t have access to caffeinated or sugary drinks on campus. Snacks sold at elementary and middle schools shouldn’t have as many calories as those sold in high schools. And perhaps schools shouldn’t have vending machines or a la carte lunch lines at all.

Those thoughts are among the nearly 250,000 comments sent to the U.S. Department of Agriculture over the past few months in response to the agency’s proposal for updating the nutritional standards of school vending-machine fare, items sold on a la carte lunch lines, and other foods sold at school aside from lunches and breakfasts. Comments were due by April 9.

Acting to regulate such items for the first time in decades, the USDA has suggested limiting fat, calories, and sodium in those so-called competitive foods—items that compete with highly regulated school lunches and breakfasts. The agency also wants those snacks and entrees to be made from whole grains, fruits, vegetables, dairy products, or protein; and would mandate that they naturally contain such nutrients as calcium and fiber.

The regulations wouldn’t apply to food sold for occasional fundraising or at after-school events.

While many commenters agree that the standards for the items at issue need an overhaul, especially because new and similar rules are now in place for school lunches, some attacked the USDA proposal as being too restrictive, while others found it didn’t go far enough.

National rules for competitive foods would replace a patchwork of state policies. A recent review by the federal Centers for Disease Control and Prevention found 39 states have policies about such foods and drinks, but some govern only beverages; others apply only to elementary and middle schools; and some are merely recommendations.

Objecting to Loopholes

While nutrition advocates said they like a lot of what the USDA is proposing, they are concerned about some of the particulars.

One big sticking point for such advocates is about a loophole the USDA proposed for the nutritional requirements of items sold a la carte that have been served as part of a school meal. The agency asked for comments on one of two possible ways lunch or breakfast components could be sold a la carte.

Under one proposal, the department would allow these items to be sold daily a la carte if they meet proposed rules about sugar and fat. The second proposal would allow components to be sold any day they are a part of school meals or within four days of that.

Because many school menus are cyclical, health advocates worry schools would serve pizza and french fries every day a la carte, just as many do now. When those foods are a part of a complete meal, the entire meal must meet calorie, sodium, fat, sugar, and other requirements; individual items sold in school meals don’t have nutritional requirements.

“Permitting the sale of individual items that do not meet nutrition standards would undercut efforts to promote healthier diets,” the Princeton, N.J.-based Robert Wood Johnson Foundation told the USDA. “If parents want to allow their children to have such items, that is their choice. But schools should not be in the business of selling unhealthy foods.”

But the School Nutrition Association, an Oxon Hill, Md.-based group that represents those who run school cafeterias, disagrees. Once an item passes muster in the lunch line, the group said, there should be no limits on serving those foods on a la carte lines. That would be too complicated for cafeteria managers and a double standard, it said.

Another issue: Competitive foods would have to provide 10 percent of the needed quantity of the daily value of a naturally occurring nutrient listed as one of public-health concern by the 2010 Dietary Guidelines for Americans, created by the USDA and the U.S. Department of Health and Human Services—including calcium and fiber. The USDA asked for opinions on whether foods fortified with those nutrients should be allowed.

“I’ve become concerned that even the ‘naturally occurring’ standard could easily become a hollow one in the hands of the food industry,” wrote Bettina Elias Siegel, the author of a blog called The Lunch Tray, in comments to USDA. Ms. Siegel also runs the nutrition subcommittee of the school-health-advisory council for the 204,000-student Houston school district.

“A food producer can add to its product a single natural ingredient for fortification purposes, such as nonfat dry milk powder for its calcium content,” Ms. Siegel wrote.

“But if the foods in question are highly processed, ‘better-for-you’ junk foods—‘Baked Flamin’ Hot Cheetos with Calcium’—the sale of such items still falls far afield of the agency’s laudable goal of encouraging children to enjoy more natural foods in their whole state.”

The School Nutrition Association said it supports the 10 percent proposal—and supports including foods fortified with the nutrients—but noted that the nutrient content of some foods isn’t readily available.

Drink Dilemma

The agency’s proposal would keep sodas and sports drinks out of elementary and middle schools but allow them at high schools if they have no more than 60 or 75 calories in a 12-ounce serving. They could even be sold during school meals—just not in the cafeteria.

That means high school students could keep buying low- or no-calorie sodas and other drinks besides water, milk, and juice.

“We agree with the rationale to offer some flexibility in beverage choices in high schools but are concerned that sugary drinks are far less healthy than other options,” the Kids’ Safe and Healthful Foods Project wrote in its comments.

“Sugary beverages add calories with little or no nutritional benefit and replace consumption of other healthier beverage choices,” the Washington-based advocacy group said. “To ensure the healthiest options are available, we recommend limiting the number of calories per container to as low as possible.”

But the School Nutrition Association supports drinks with more calories—80 per 12-ounce serving—and selling those allowed in vending machines in the cafeteria.

“To explicitly make certain beverages available outside of the meal-service area during the meal-service period invites students to make those purchases outside of, and to the detriment of, the meal-service area,” the group said.

Another issue is the size of snacks. The Dallas-based American Heart Association wants the USDA to limit calories for snack foods, but the organization doesn’t like that the proposed limit of 200 calories would apply to all children.

“Calorie needs vary by age and activity level and change as children grow older. A one-size-fits-all approach is not appropriate,” the group said. “Instead, we recommend that you establish maximum calorie limits that vary by age group as the agency did with the school meals program. Using this approach, younger children would have lower calorie limits.”

And while creating an exemption for foods sold as part of school fundraisers makes sense, the National Education Association’s Health Information Network told the USDA, the agency needs to be clear about what that means.

“Fundraisers like donut sales in the morning, pizza sold outside the cafeteria at lunch time, and candy bar sales in the afternoon not only impact student health, but also compete with federally reimbursed meals,” the NEA group wrote. “Unhealthy fundraisers weaken the ability of schools to promote and provide healthy options throughout the school day and over the whole campus.”

The USDA will issue final regulations after reviewing these comments. If those aren’t out by June 30, they won’t take effect until the 2014-15 school year, at the earliest.

Nirvi Shah, Writer contributed to this article.
A version of this article appeared in the April 24, 2013 edition of Education Week as Comments Weighed On Vending Machine, ‘A La Carte’ Proposals

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Ed. Dept. Would Have More Power to Cut Off Grants Under New Rules
The agency last year ended in-progress grants worth more than $2 billion, with courts often objecting.
5 min read
Jeanette Vyhanek, a counselor at Wellstone Elementary, teaches a class of kindergarten students at the St. Paul school on Oct. 31, 2025 in Minnesota.
Jeanette Vyhanek, a counselor at Wellstone Elementary in St. Paul, Minn., teaches a class of kindergarten students on Oct. 31, 2025 in Minnesota. Federal grants to expand the ranks of school counselors and other school mental health services were among hundreds terminated by the Trump administration in 2025. New rules from the U.S. Department of Education would give the federal agency greater latitude to end in-progress grants.
Alex Kormann/The Minnesota Star Tribune via TNS
Federal Q&A Education Data Collection Has Cratered Under Trump. Can It Be Rebuilt?
Ed. Dept.'s data-gathering agency is too unstable to adapt to changing needs, a new report claims.
6 min read
A student raises her hand to ask a question in her third grade classroom at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022. The arm of the government that oversees education data which tracks educational outcomes for students, faces major challenges ahead due to financial cuts.
A student raises her hand to ask a question in her 3rd grade classroom at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022. Federal education data-gathering, like the Condition of Education report, includes baseline information on students and schools. But cuts to the Education Department's statistics wings and mounting criticism of how it operates raise questions about how it can best fulfill its mission.
Charlie Riedel/AP
Federal Education Department Tells Schools Race Can’t Factor Into Student Discipline
A letter to educators follows up on last month's rescission of longstanding discrimination rules.
5 min read
Assistant Secretary for Civil Rights for the Department of Education nominee Kimberly Richey testifies before the Health, Education, Labor and Pensions committee about her nomination in Washington, D.C., on June 5, 2025.
Assistant Secretary for Civil Rights Kimberley Richey testifies before the Senate's Health, Education, Labor and Pensions committee at her nomination hearing in Washington on June 5, 2025. A new letter to educators from Richey instructs schools not to consider race at all in school discipline policies, following the Trump administration's rescission of longtime anti-discrimination rules.
Jason Andrew for Education Week
Federal Q&A What Head Start's English-Only Rule Could Mean for English Learners
Research shows it's not necessary to lose a home language to learn English.
3 min read
Long Beach, CA - March 20 : Teacher Monica Alvarado, left, leads activities with staff in the infant class at Educare Los Angeles at Long Beach , a very high-quality child care center in Long Beach on Wednesday, March 20, 2024 in Long Beach, CA.
Teacher Monica Alvarado, left, leads activities with staff in the infant class at Educare Los Angeles at Long Beach, a very high-quality child care center in Long Beach on Wednesday, March 20, 2024 in Long Beach, Calif. Head Start programs for early childhood education will no longer promote bilingualism under a proposed rule change.
Brian van der Brug / Los Angeles Times via TNS