House Agriculture Appropriations committee report language:

School Foods:

School Meals.—The Committee is concerned about the challenges and costs that local schools face in implementing the school meals final rule. While schools are still working to implement these nutrition standards for lunch, they also must begin implementing these standards for breakfast in the 2013–14 school year. In addition, USDA recently proposed more regulations on schools. Before USDA can begin implementing the requirements for the School Breakfast Program and the proposed rule on nutrition standards for all foods sold in school, USDA is directed to receive notification from each local school participating in the program that it can implement the final rule on nutrition standards in a workable and cost-neutral manner. While the Committee appreciates the flexibility USDA has provided to schools regarding the grain and protein requirements for school year 2013–2014, schools will still need certainty into the future. USDA is encouraged to extend this flexibility and provide schools with a long-term policy by September 1, 2013, to assist them with planning and procurement for future school years. As schools seek to implement the new school meal standards, the Committee encourages USDA to consider ways to assist schools with technical assistance and training to provide healthful, cost-effective foods that students will eat.

Improper Payments.—The Committee continues to be concerned about the staggering improper payment rates in the National School Lunch Program (NSLP) and School Breakfast Program (SBP). For fiscal year 2012, the NSLP had an error rate of 15.53 percent, which is $1.6 billion in improper payments. The SBP had an error rate of 25.18 percent, or an estimated $825 million. These programs have some of the highest error and improper payment rates of all Federal programs. The Committee provides funding to support USDA’s efforts to reduce erroneous payments and expects USDA to utilize any additional funds necessary from the State Administrative Expenses account to assist States and Local Educational Agencies in reducing errors.

Prioritization of Monitoring and Compliance Reviews.—The Committee directs the Secretary to allow States to vary the frequency of monitoring and compliance reviews of each school food authority based on past school performance, with no cycle extending more than five years as granted in the Healthy, Hunger-Free Kids Act of 2010.

WIC:

Eligible Foods.—The Committee encourages the Secretary to amend 7 CFR 246.10 in order for state agencies to include all varieties of fresh, whole or cut vegetables, except for vegetables with added sugars, fats, oils; provided that inclusion of such vegetables contribute towards meeting the special nutritional needs of program participants and increases the availability of low-cost, high- nutrient alternatives for participants throughout the year.

Menu Labeling:

Nutrition Labeling.—The Committee remains concerned with FDA’s proposed rule to regulate Nutrition Labeling of Standard Menu Items at Chain Restaurants. The Committee urges FDA to use the proposed alternative Option 2 definition of the rule which only applies to restaurants or retail establishments where the primary and majority of business is the selling of food for consumption or the selling of food that is processed or prepared on the premises. The Committee believes the agency should take into account the increased costs and logistical challenges chain restaurants will face in meeting the requirements of the proposed rule. To meet the requirements of the law, FDA should consider a clear, conspicuous statement of required nutritional information on a prominently displayed poster adjacent to the menu board and nutritional information to be provided in pamphlet form prominently displayed next to drive-through menu boards as meeting such requirements.



Hannah Jones
Nutrition Policy Coordinator
Center for Science in the Public Interest (CSPI)
1220 L Street, NW, Suite 300
Washington, DC 20005
Direct (202) 777-8387
Fax (202) 265-4954
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