W. Va. Code R. § 126-85-104

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 126-85-104 - School Meals Initiative For Healthy Children (SMI)

104.1. The SMI underscores our national health responsibility to provide healthy school meals that are consistent with the RDAs, the calorie goals and the Dietary Guidelines for Americans.

104.2. With the publication of the Final Rule of USDA's SMI on June 13, 1995, ail schools became responsible for planning menus that meet specific minimum standards for key nutrients and calories by the beginning of School Year (SY) '96-97. SAs were given the authority to grant waivers to SFAs to postpone implementation of the nutrition standards until no later than SY '98-99.

104.3. The SMI Rule, along with action by Congress, provides for four menu planning systems. Additionally, when guidelines are published by USDA, schools may request approval of additional menu planning systems that will achieve the nutrition goals of SMI.

104.4. Nutrition Goals.

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104.5. Menu Planning Systems and Nutrient Analysis:

104.5.1. The currently approved menu planning systems include two food-based menu planning systems:

a. Enhanced Food-Based Menu Planning (the Enhanced Meal Pattern), and

b. Traditional Food-Based Menu Planning (the Traditional Meal Pattern);

104.5.2. and two nutrient-based menu planning systems:

a. Nutrient Standard Menu Planning (NSMP or NuMenus), and

b. Assisted Nutrient Standard Menu Planning (ASNMP or Assisted NuMenus).

104.6. Nutrient-based menu planning requires the use of a computer and USDA approved nutrient analysis software to plan menus that include the daily required menu items and, when averaged over the week, meet appropriate age/grade-based Nutrient Standards and the Dietary Guidelines. With NSMP (NuMenus), meal planning and analysis will be accomplished at the school or school district level; with ANSMP (Assisted NuMenus), the menus will be developed and analyzed by an entity other than the SFA.

104.7. In reviewing compliance with the requirements of SMI for school districts that use nutrient-based menu planning, the SA will assess the nutrient analysis for the last completed school week prior to the review period to determine if nutrient analysis methodology were applied appropriately. Part of the review will consist of a review of menus and production records to determine if they correspond to the analysis and if the menu, as offered, over a school week, meets the Nutrient Standards and the Dietary Guidelines.

104.8. The food-based menu planning systems provide age/grade-based meal patterns that require specific foods (components) in specific quantities. SFAs which use food-based menu planning are not required to perform nutrient analyses but are still required to meet the Nutrient Standards and the Dietary Guidelines. The SA will conduct menu reviews that include performing nutrient analyses of the menus served during the review period to determine compliance with the Nutrient Standards and the Dietary Guidelines.

104.9. If a school district that uses food-based menu planning performs a nutrient analysis of planned menus using USDA approved nutrient analysis software, the State agency may accept the nutrient analysis after determining that the analysis was conducted under the criteria established in the regulations.

104.10. The purpose of nutrient analysis is to determine and compare the calories and certain nutrients contained in a menu to an appropriate nutrient standard and to monitor levels of certain dietary components.

104.11. Performing an accurate nutrient analysis is critical to nutrient-based menu planning and to the evaluation of food-based menus.

W. Va. Code R. § 126-85-104