Supporting Statement 4-21-08 final

SUPPORTING STATEMENT FOR

“Child Nutrition Database”

OMB No. 0584-0494

Timothy Vázquez

Technical Assistance Section

Nutrition Promotion and Training Branch

Child Nutrition Division

Food and Nutrition Service/USDA

Park Center Building, Room 632

3101 Park Center Drive

Alexandria, VA 22302

(703) 305-2853

FAX (703) 305-2549

E-Mail: [email protected]

SUPPORTING STATEMENT

1. Justification

1. Circumstances that make the information collection necessary.

The Child Nutrition (CN) Database is a necessary component in implementation of USDA’s Food and Nutrition Service (FNS) National School Lunch Program (NSLP) and School Breakfast Program (SBP): School Meals Initiative for Healthy Children final rule published in the June 13, 1995 Federal Register, Volume 60, No.113. The overriding purpose in NSLP and SBP initiatives is to serve more nutritious and healthful meals to schoolchildren. FNS updated the regulations (7 CFR 210.10), which establish the specific nutrition criteria for reimbursable school meals incorporating the Recommended Dietary Allowances (RDA) issued by the Food and Nutrition Board, Commission on a Life Sciences National Research Council for key nutrients, energy allowances for calories, and the most current nutritional standards as outlined in the Dietary Guidelines. In order to conduct nutrient analysis, data are needed on the nutrients contained in a wide range of foods.

The CN Database contains information on the nutritional compositions of: 1) USDA

Commodities; 2) USDA National Nutrient Data Base for Standard Reference (SR) food items which are used in the SBP and NSLP; 3) standardized recipes for school food service developed by USDA; and 4) brand name commercially processed foods. Implementation of Nutrient Standard Menu Planning (NSMP) is dependent upon the school or school food authority’s ability to analyze the nutrient content of foods. Therefore, USDA requires (7 CFR 210.10(i)(4)), that the CN Database be incorporated into all approved school food service software systems used for menu and recipe analysis under NSMP. Under Assisted Nutrient Standard Menu Planning (ANSMP), the CN Database would be used in providing assistance with nutrition analysis. The CN Database is available free of charge and will be regularly maintained and updated to ensure that the information is as accurate and current as possible.

The Agricultural Research Service (ARS) and FNS originally cooperated in the development of the CN Database. ARS administered, updated, and maintained the CN Database ensuring data accuracy and validity. Currently the collection of data and management of the database are done by an outside contractor. Continuous collection of brand name commercially processed nutrient data is necessary. Very little nutrient data for these commercially processed foods exist in the literature, other referenced nutrient database, or from other government sources. Many of these foods are specifically formulated for the Child Nutrition Programs, including National School Lunch, School Breakfast, Summer Food Service, and Child and Adult Care Food Programs, making them unique and different from other food products. Manufacturers that voluntarily submit the nutrient information for this collection do so because they are selling the product in the school marketplace.

2. Indicate how, by whom, and for what purpose the information is to be used.

The information gathered for the CN Database is required to be used in software programs approved by USDA for use in meeting the nutrient standards and nutrition

goals of the Child Nutrition Programs. Both the State agencies and program operators use the information for auditing and menu planning purposes. The regulations require that all meals meet specific nutrient standards and comply with the Dietary Guidelines. This would be an impossible task without the aid of a software program and the information would be inadequate or incorrect if the database was in error or did not contain the required information. Data already collected are being used in software programs as described above. The USDA-approved nutrient analysis software generates a report that compares a planned menu against the required nutrient standards used for Federal meal reimbursement. This allows the user to modify the menu until the nutrient standards are met. State agencies use the USDA-approved software to audit menus that have been served for compliance with the nutrient standards.

3. Describe whether, and to what extent, the collection of information involves the use of automated technological collection techniques or other forms of information technology.

According to the Government Paperwork Elimination Act (GPEA) 1998 and E-Government (E-Gov) 2002, Federal agencies are required to provide electronic submission as an alternative to paper submission where feasible. FNS makes every effort to comply with these requirements and has acquired a contractor to provide an automated process for this information collection. The contractor has an automated system at www.cndatabase.net to reduce time in adding data to the CN Database. To improve efficiency and data quality, this system incorporates an electronic version of form FNS-710 for data entry to be used by the manufacturer and the system maintains the information required in the CN Database. In lieu of internet access, FNS offers the data collection instrument in paper form FNS-710. The contractor has a system of transferring the requested information to the CN Database with no additional input from the manufacturers. In addition, certain products, either generic or commercial, are added by downloading them from the SR maintained by ARS on their website with no additional impact on the manufacturers www.nal.usda.gov/fnic/foodcomp/search/.

4. Describe efforts to identify duplication.

Similar nutrient databases exist; however, those do not meet FNS specific needs for menu and recipe analysis of meals served by schools. Very little nutrient data for these commercially processed foods exist in the literature, other referenced nutrient database, or from other government sources. Many of these foods are specifically formulated for the Child Nutrition Programs, including National School Lunch, School Breakfast, Summer Food Service, and Child and Adult Care Food Programs, making them unique and different from other food products. Manufacturers that voluntarily submit the nutrient information for this collection do so because they are selling the product in the school marketplace. FNS identifies commercially processed foods commonly used in schools which already have the required nutrient information included in the USDA SR database and has the contractor retrieve this data from the SR for inclusion in the CN Database.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

All Child Nutrition Programs using NSMP/ANSMP use the CN Database. Therefore, it reduces the burden to small businesses because they do not have to supply the same information to every program involved. Information required has been held to the minimum, small businesses can submit their information to one central facility, the CN Database contractor, who will make this information available to all Child Nutrition Programs via the CN Database.

6. Consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently.

Collecting and updating the information regularly prevents the Agency from falling out of compliance with program regulations. If the information is not collected regularly, the

CN Database will become less useful to program operators causing them to rely on their vendor for required nutritional information. Without any oversight, vendors could supply nutritional information that is inaccurate causing the program operator to plan meals for children that do not meet specific nutrient standards or comply with the Dietary Guidelines. Serving meals to children that do not meet the established nutrient standards is an infringement of program requirements. Frequency of collection is conducted occasionally on an as needed basis which is determined by the company. If a company wants to add or change product information in the CN Database, the company would submit the new information to the contractor to update the database. If company information that is in the database has not been updated for several years, the company will be contacted to obtain any new information or to verify that the unchanged information is still accurate.

7. Circumstances that would cause an information collection to be conducted in a manner that is inconsistent with 5CFR 1320.6

There are no special circumstances that would cause this information collection to be conducted in a manner inconsistent with 5CFR 1320.6

8. Provide a copy and identify the date and page number of the publication in the Federal Register of the agency’s Notice.

The Notice was published in the Federal Register, November 23, 2007, Vol. 72, No.225, Page 65698. FNS received one comment on this notice. The commenter praised and acknowledged the Agency’s efforts to streamline the collection process and remarked on the positive impact that these efforts will have on the manufacturers submitting the nutrient data. The frequency, methods, and availability of data for collection have been discussed with several software vendors and Child Nutrition label companies. It was generally agreed that since FNS accepts the Food and Drug Administration’s required Nutrition Facts Panel label data, it is readily available. Due to the logistics of preparing the data and the time it takes to disseminate the updated information to the end users, FNS has changed from a semi-annual release date to an annual release date.

9. Explain any decision to provide any payment of gift to respondents.

There is no payment or gift provided to respondents.

10. Describe any assurance of confidentiality provided to respondents.

Respondents know in advance of submission how the data will be used. Responses are voluntary and no proprietary information such as percentage of formulation is requested.

11. Provide additional justification for any questions of a sensitive nature.

No sensitive information is requested.

12. Provide estimates of the hour burden of the collection of information.

The total number of burden hours may vary depending on the status of the required information for a maximum of 120 minutes. If the required pieces of information are readily available (i.e. internal computer database), then the burden hours could be substantially fewer than if all the information is stored on paper and each piece of paper must be retrieved in order to be included in the CN Database by the contractor. Since FNS is accepting data that would normally be put on retail labels, we expect the nutritional information to be readily available for the companies to submit. Based on conversations with the contractor, the average time needed to provide the requested information on form FNS-710 is estimated to be two hours or 120 minutes per response for the electronic or paper form. FNS estimated the number of respondents is 32 manufacturers; the frequency of response per respondent annually is 1120.

Although FNS accepts both methods: paper FNS-710 or electronic form, with the addition of the electronic format, it is anticipated that collection of this information will be accomplished almost exclusively by the electronic form FNS-710, CN Database Qualification Report. The electronic form FNS-710 has a feature that does not allow a respondent or the contractor to submit an incomplete form. Therefore, FNS will discontinue Form FNS-709, CN Database Report: Products Missing Nutrient Information because it is obsolete. Since FNS-709 includes the same request of information from FNS-710, its elimination will not ultimately affect the burden of information collection or the collection of information.

Form FNS – 710

Number of Respondents: 32

Estimated Frequency of Responses per Respondent: 35

Estimated Annual Responses: 1120

Estimated Time per Response: 2 Hours

Total Annual Burden: 2240 Hours

Total Annual Burden for Form FNS - 710: 2240 Hours

As expected, the number of products missing nutrient information decreased drastically and the hours spent on updating data has increased; however, FNS overall burden of hours has been reduced. Going forward, hours updating will stay level now that the new label requirements for Trans Fat have been fully implemented.

Since FNS is accepting Nutrition Facts label information and this information has been required on retail products since July 1994, the nutritional information required for the CN Database should be readily available for all products at no additional cost to the public. The respondents are expected to use a data entry specialist to report the required information. Using an average pay rate of $12.33/hour based on the 2006, Bureau of Labor Statistics for 43-9021 Data Entry Keyers (http://www.bls.gov/oes/current/oes439021.htm), the total cost would be $27,619.20. The amount of this burden would vary depending on exactly how many products any particular company submitted.

2,240 hours total burden X $12.33/hour = $27,619.20.

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information.

There are no startup or annualized maintenance costs.

14. Estimates of annualized cost to the Federal government.

The Federal government is contracting out the collection of information and the maintenance of the CN Database. The annual cost of this is estimated to be $100,000.00. Approximately $40,000 of this is directly related to data collection. The remaining $60,000 is for maintenance of the CN Database itself.

15. Reasons for any program changes or adjustments reported in items 13 or 14 of the OMB form 83-I.

There is a reduction of 60 burden hours. This reduction results from a decrease in the number of submissions with incomplete data as part of the functionality of the new electronic format of Form FNS-710. The electronic format of form FNS-710 used by the respondents and the FNS contractor employed to maintain and update the CN Database does not allow users to submit incomplete forms. Additionally, respondents take more time to submit new product information than they take when submitting updates to existing product information, reducing the overall burden of hours. Additionally, FNS will discontinue Form FNS-709, CN Database Report: Products Missing Nutrient Information because it is obsolete. Since FNS-709 includes the same request of information from FNS-710, its elimination will not ultimately affect the burden of information collection or the collection of information.

16. For collection of information whose results will be published.

The data collected are expected to be released annually in ASCII and Microsoft Access format on the Healthy Meals Resource System Website http://healthymeals.nal.usda.gov/cndatabase.html. The data are then downloaded by USDA-approved nutrient analysis software vendors who use it as part of their approved software to be used in the weekly planning of Child Nutrition Program meals by NSLP and SBP participants (schools). The information is expected to be updated annually, and the contract will run for a period of one year. Currently, the CN Database is expected to be updated and published annually until such time as it no longer serves a purpose for the Child Nutrition Programs.

17. Seeking approval to not display the expiration date for OMB approval of the information collection.

We are seeking approval to not display the expiration date. These database and paper forms are expected to be used on a continuous basis, and each time the form expires necessitates the destruction of the expired forms. We have developed an electronic form to allow electronic submission through the CN Database contractor. To display the expiration date on the electronic form would require updating the form’s programming each time its approval is extended and add costs to the contract. To reduce the future burden associated with such updates, we propose not including the expiration date on the electronic form rather than updating it.

18. Exceptions to the certification statement identified in Item 19.

No exceptions to the certification statement in Item 19.

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