check
School Meals Program

Alaska

Last Updated: 12/12/2012

Food Services: No state policy.

Adequate Time to Eat: No state policy.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: Sec 03.20.100 (2010) establishes a farm-to-school program in the Department of Natural Resources. The Department is required to coordinate with the Department of Health and Social Services, the Department of Education and Early Development, the Department of Administration, and the University of Alaska Cooperative Extension Service. The program must do the following:

  1. Coordinate with school procurement officials, buying cooperatives and other organizations to develop uniform procurement policies for use by public schools, along with materials and recommendations.
  2. Assist food producers, distributors and food brokers to market food grown in the state to public schools.
  3. Assist public schools in connecting with local producers
  4. Identify and recommend mechanisms that will increase the predictability of sales for producers and adequacy of supply for purchasers.
  5. Identify and make available to public schools existing curricula, programs and publications that educate students on te benefits of preparing and consuming food grown in the state.
  6. Support efforts to advance other farm-to-school activities


The statute also requires the Department of Education to collect data on the activities required above and report biennialy to the legislature. 


Alabama

Last Updated: 7/29/2013

Adequate Time to Eat: Healthy Snack Standards for Foods and Beverages at School (2005)
recommends that adequate time to eat should be allowed. "Adequate" is not defined.

School Breakfast: 
No state policy.

Food Allergies:
No state policy.

Farm-to-School
HB670 (2012) requires the Alabama Department of Agriculture and the State Department of Education to collaborate and cooperate to implement . The policy requires the Department of education to do the following:
(1) Investigate the potential of various procurement procedures and tools for school food authorities to purchase local farm products and abide by federal regulations including, but not limited to, the small purchase threshold, (2) Educate food service directors on the small purchase threshold and tools to promote their use for farm-to-school initiatives,
(3) Implement food preparation training for food service staff to accommodate sourcing fresh and local foods,
(4) Encourage school food service directors to include local farmers, processors, and suppliers when procuring farm products that fall under the small purchase threshold,
(5) Encourage all new school construction projects to consider kitchen facilities capable of producing fresh and healthy school meals and opportunities for hands-on learning.

HB670 (2012) requires the State Department of Agriculture to do the following: (1) house a farm-to-school point person to coordinate efforts, identify, target and promote job creation around farm-to-school initiatives, (2)  use existing web-based market development tools or a voluntary web-based directory of farmers, and (3) investigate opportunities for farmers to supply their products to commercial distributors.

 


Arkansas

Last Updated: 8/4/2014

Adequate Time to Eat: The Child Health Advisory Committee Recommendations for Standards to Implement through Rules & Regulations recommends adequate time for students to receive and consume meals. Lunch and breakfast schedules should allow 20 minutes of seated time for lunch and 10 minutes of seated time for breakfast. 

School Breakfast: Code 6-18-705 (1991) requires breakfast in schools with 20% or more free and reduced-price eligible students.

Food Allergies: No state policy.

Farm-to-School: No state policy.


Arizona

Last Updated: 7/16/2013

Food Services: ARS 15-242 (2007) requires all elementary, middle and junior high schools to participate in the National School Lunch Program with the exception of schools with fewer than 100 pupils not currently participating in the program.

Adequate Time to Eat: No state policy.

School Breakfast: No state policy.

Food Allergies: No state policy. However  the Department of Health Services has a Resource Guide for Supporting Children with Life Threatening Food Allergies.

Farm-to-School: No state policy.


California

Last Updated: 7/30/2013

Food Services: Education Code49430.7 (2008) requires, as a condition of receipt of funds in support of meals, schools or school districts must comply with the following requirements or prohibitions: (1) Not sell or serve a food item that has in any way been deep fried, pan fried or flash fried, (2) Not sell or serve an item containing artificial trans fat, (3) Not sell or serve a food item that has been fried in prohibitied oils of palm, coconut, palm kernel and lard.

Education Code 49531 (1997) and California Code of Regulations Title 5, Division 1, Chapter 15, Subchapter 1, Article 4, 15552 (no date available) allows any child nutrition entity to apply for available federal and state funds to the California Department of Education to provide nutritionally adequate breakfast, lunch or both to pupils each school day. Education Code 49531.1 (no date available) requires the California Department of Education to develop and maintain nutrition guidelines for all foods and beverages sold on public school campuses, which includes school lunches and breakfasts. The guidelines shall include fat, saturated fat, and cholesterol guidelines.

Adequate Time to Eat: 
No state policy.

School Breakfast
: No state policy.

Food Allergies:No state policy.

Farm-to-School:Education Code 49565-49565.8 (no date available) establishes the Fresh Start Pilot Program to provide fresh fruits and vegetables that have not been deep fried to public school students. School districts and charter schools may apply for grant funding to supplement a school breakfast program with the goal of providing one or two servings of fruit or vegetables, or both.  As a condition of receipt of funding, school sites participating in the program must include must include tasting and sampling of nutritious fruits and vegetables as part of nutrition education.  This may include the following: (1) educational sampling and tasting supported with nutrition education, (2) an offering of fruits or vegetables in the classroom reinforced with nutrition and agricultural bulletins, (3) a monthly school campus farmers' market, and (4) a produce sampling program that supports a school garden's harvest through additional purchases of local, in-season fruits or vegetables to be used for a sampling and tasting program.


Last Updated: 2/9/2010
check

Food Services: Education Code 49431 (2005) stipulates that the only food that may be sold to a pupil during the school day at elementary school are full meals and individually sold portions of nuts, nut butters,
seeds, eggs, cheese packaged for individual sale, fruit, vegetables that have not been deep fried, and legumes. An individually sold dairy or whole grain food item may be sold to pupils at an elementary school, except food sold as part of a USDA meal program, if it meets all of the following standards: (1)  Not more than 35% of its total calories from fat, (2) Not more than 10% of its total calories from saturated fat, (3) Not more than 35% of its total weight shall be composed of sugar, including naturally occurring and added  sugar, (4) Not more than 175 calories per individual food item. An elementary school may permit the sale of foods that do not comply with the regulations above as a part of as part of a school fundraising event if the items are sold by pupils of the school and the sale of those items takes place off of and away from school premises or the items are sold by pupils of the school and the sale of those items takes place at least one-half hour after the end of the school day.

Education Code
49431.2 (2005) requires all foods sold outside of the school meal programs to students on school grounds at each middle and high school to be approved for compliance with the nutrition standards. Foods generally regarded as snacks must contain not more than 35 percent of calories from fat, 10 percent of calories from saturated fat, 35 percent sugar by weight, and no more than 250 calories per item. Foods generally regarded as entrees must be less than 400 calories and contain no more than 4 grams of fat per 100 calories. Middle and high schools may permit the sale of foods that are not in compliance with the standards if the items are sold off of school premises or at least 30 minutes after the end of the school day or during a school-sponsored student activity after the end of the school day.

Education Code 49431.7 (2007) prohibits a school district from making available foods containing artificial trans fats or prepared with trans fats to students enrolled in K-12. This includes foods available through a vending machine or school food service establishment during school hours and up to one-half of an hour before and after school.

Education Code 49430.7 (2008) requires, as a condition of receipt of funds in support of meals, schools or school districts must comply with the following requirements or prohibitions: (1) Not sell or serve a food item that has in any way been deep fried, pan fried or flash fried, (2) Not sell or serve an item containing artificial trans fat, (3) Not sell or serve a food item that has been fried in prohibitied oils of palm, coconut, palm kernel and lard.

Education Code 49431.5 (2005) requires all beverages sold to students on school grounds to be approved for compliance with the beverage standards. Beverage standards are effective in elementary and middle schools as of January 1, 2006. Beverage standards are to be phased in to high schools between July 1, 2007 (when 50 percent of beverages sold to students must comply) and July 1, 2009 (when 100 percent of beverages sold to students must comply). Compliant beverages in elementary schools include fruit-based or vegetable-based drinks, composed of no less than 50 percent fruit juice/vegetable juice and with no added sweeteners, drinking water, with no added sweeteners; two-percent milk, one-percent milk, nonfat milk, soy milk, rice milk, and other similar nondairy milk. Sale of non-compliant beverages can take place off of and away from school premises, or be sold by pupils at least one-half hour after the school day. From one-half hour before to one-half hour after school, only compliant beverages for middle/junior high and high schools can be sold which includes the above list with the addition of electrolyte replacement beverages that contains no more than 42 grams of added sweetener per 20-ounce serving. Sale of noncompliant beverages can take place off of and away from school premises, or on school premises at least one-half hour after the end of the school day.

The Legislature declares in Education Code 35182.5 (2003) that state and federal laws require all schools participating in meal programs to provide nutritious food and beverages to pupils; that state and federal laws restrict the sale of food and beverages in competition with meal programs;" and that opportunities should be given to parents, pupils, and community members to review food and beverage contracts to ensure that items sold on campus provide nutritious sustenance to pupils, promote good health, help pupils learn, provide energy, and model fit living for life." Education Code 49590 (1997) also declares that the nutrition levels of meals served to school-age children pursuant to the National School Lunch Act be of the highest quality and greatest nutritional value possible."

Education Code 49531 (1997) and California Code of Regulations Title 5, Division 1, Chapter 15, Subchapter 1, Article 4, 15552 (no date available) allows any child nutrition entity to apply for available federal and state funds to the California Department of Education to provide nutritionally adequate breakfast, lunch or both to pupils each school day. Education Code 49531.1 (no date available) requires the California Department of Education to develop and maintain nutrition guidelines for all foods and beverages sold on public school campuses, which includes school lunches and breakfasts. The guidelines shall include fat, saturated fat, and cholesterol guidelines.

Education Code 49432 allows every public school to post a summary of nutrition and physical activity laws and regulations and requires every district to post its nutrition and physical activity policies in public view in all school cafeterias or other central eating areas.


Colorado

Last Updated: 8/21/2014

Food ServicesSB12-086 (2012) prohibits a public school or institute charter school from making available to a student a food item that contains any amount of industrially produced trans fat. The prohibition applies to all food and beverages made available to a student on school grounds during each school day and extended school day, including but not limited to a food or beverage item made available to a student in a school cafeteria, school
store, vending machine, or other food service entity existing upon school grounds or through any fundraising effort conducted by one or more students, teachers, or parents.

Adequate Time to Eat: Statute 22-32-136 (2005) also encourages local districts to adopt policies ensuring access to healthful food choices in appropriate portion sizes throughout the school day, and compliance with beverage restrictions adopted per SB 08-109 (2008). Statute 22-32-136 (2005) requires that students have "adequate time to eat."

School Breakfast: Statute 22-82.8 (2013) requires  every school with 70% or more students eligible for free or reduced-cost lunch during the prior school year to offer a free breakfast to each student in the school after the first bell. Individual schools may select a method and time to offer the breakfast, so long as it occurs after the first bell of the school day. Schools that do not participate in the national school lunch program are not required to participate. Schools with fewer than 100 students or a school within a district with less than 300 students are exempt.

 

Statute 22-82.7 (2007), also known as the "Smart Start Nutrition Program Act", creates an annual appropriation that is used to reimburse schools for the difference between free and reduced-price breakfasts served.  Therefore, all students who qualify for a reduced-price breakfast can be served without a charge.

Food Allergies: Statute 22-2-135 (2009) requires the State Board of Education to promulgate rules for the management of food allergies and anaphylaxis among students enrolled in public schools. The rules must include the following: (1) Reasonable accommodations for communication between schools and emergency medical services, (2)  Reasonable accommodations to reduce the risk of students' explosure to anaphylaxis-causing agents, (3) The provision of emergency anaphylaxis treatment training for appropriate staff, including self-injectable epinephrine, and (4) Procedures to ensure the availability of a student's self-injectable epinephrine to faculty and administrative staff in the event of an emergency. Statute 22-2-139 (2009) requires each school district board of education to adopt and implement a policy for the management of food allergies and anaphylaxis, in accordance with the rules established by the State Board of Education in Statute 22-2-135 (2009). Statute 22-30.5-518 (2009) requires the state charter school institute to adopt and implement a policy for the management of food allergies and anaphylaxis which at a minimum must satisfy the rules in 22-2-135 (2009) . Statute 22-2-135 (2009) requires each school district to provide notice to a parent or legal guardian of the school district's policy, including a form which parents or guardians may provide specific information about the student's history of allergy, symptoms, medication, emergency procedures and contact numbers, along with encouragement to parents to provide the school nurse or other administrator a supply of the prescribed medication.

Farm-to-School: SB81 (2010) creates the Farm-to-School Healthy Kids Act and establishes an interagency task force to develop farm-to-school program policies.

Statutes 22-82.5.101 through 108 (2006) establish a pilot fresh fruit and vegetable farm-to-school grant program for public schools. The program aims to increase the availability of locally grown fresh fruits and vegetables in school breakfast programs and throughout the school day. To the maximum extent possible, not less than seventy-five percent of participating students should be from school districts where not less than fifty percent of the enrolled students are eligible for free or reduced lunches.


Connecticut

Last Updated: 8/4/2014

Food Services: Statute Chapter 169, Section 10-215d (1991) calls for the State Board of Education to adopt regulations addressing nutrition standards for breakfasts and lunches provided to students by local boards of education. The regulations should be developed in consultation with the Department of Public Health, the School Food Services Association and the Connecticut Dietetic Association. The Action Guide for School Nutrition and Physical Activity Policies (2009) provides guidelines and policy recommendations for school meals, along with other areas.

Statute Chapter 170, Section 10-221p (2006) requires each local board of education to make available in schools nutritious and low-fat foods which include low-fat dairy products and fresh or dried fruit at all times when food is available for purchase by students during the regular school day.

Statute Chapter 169, Section 10-215e (2006) requires that the Department of Education publish a set of nutrition standards by January 1 of each year (Connecticut Nutrition Standards ). The standards will not apply to foods sold as part of the National School Lunch Program and School Breakfast Program unless such items are purchased separately from a school lunch or breakfast that is reimbursable under such program.
Statute Chapter 169, Section 10-215f requires districts that participate in the National School Lunch Program to certify annually to the Department of Education whether all food items made available for sale will meet the Connecticut Nutrition Standards. If the district implements healthy food certification under Statute Chapter 169, Section 10-215f of the Connecticut General Statutes, then all foods sold in vending machines and school stores must always meet the Connecticut Nutrition Standards. The Position Statement on Nutrition and Physical Activity (2010) states that local school boards should establish policies and procedures to ensure that all foods and beverages available on school premises, including school meals, vending machines, school stores, fundraisers, classroom parties and other events, meet state nutrition standards that are consistent with the Dietary Guidelines for Americans and national health recommendations that are consistent with the Dietary Guidelines for Americans and national health recommendations.

Statute Chapters 170, Section 10-221q (2006) allows only the following five categories of beverages to be sold to students from any source, including but not limited to, school stores, vending machines, school cafeterias, and any fundraising activities on school premises, whether or not school sponsored:
  • Milk that may be flavored but contain no artificial sweeteners and no more than four grams of sugar per ounce.
  • Nondairy milks such as soy or rice milk, which may be flavored but contain no artificial sweeteners, no more than 4 grams of sugar per ounce, no more than 35% percent of calories from fat per portion and no more than 10% percent of calories from saturated fat per portion.
  • 100% hundred per cent fruit juice, vegetable juice or combination of such juices, containing no added sugars, sweeteners or artificial sweeteners.
  • Beverages that contain only water and fruit or vegetable juice and have no added sugars, sweeteners or artificial sweeteners. These beverages must also meet the requirements specified in Requirements for Beverages Containing Water and Juice.
  • Water, which may be flavored but contain no added sugars, sweeteners, artificial sweeteners or caffeine.
  • Portion sizes of beverages, other than water as described in subdivision (5) of this subsection, that are offered for sale shall not exceed twelve ounces.
The State Board of Education's Position Statement on Nutrition and Physical Activity (2010) states that local school boards should establish policies and procedures that help schools promote good nutrition. Nutrition goals should also be incorporated into school improvement plans.

Adequate Time to Eat: Statute 10-221o (2004) requires each local school district to offer all full day students a daily lunch period of not less than 20 minutes.

School Breakfast: Statute Chapter 169, Section 10-215g (2006) establishes an in-classroom school breakfast pilot program through a competitive grant program for the purpose of assisting up to ten severe need schools to establish or expand in-classroom school breakfast programs.

Statute Chapter 169, Section 10-215h (2010) requires a child nutrition outreach program to increase participation in the federal School Breakfast Program. The child nutrition outreach program shall encourage schools to participate in the federal School Breakfast Program; employ innovative breakfast service methods where students eat their breakfast in their classrooms or elsewhere after school starts, rather than only before school and only in the cafeteria; and apply to the in-classroom breakfast grant program pursuant to section 10-215g.
Statute Chapter 172, Section 10-266w (2003) allows for grants to assist in providing school breakfasts to all students in each eligible severe need school. The sum of three thousand dollars for each severe need school in the school district which provides a school breakfast program and up to ten cents per breakfast served in each severe need school. Public Act 11-48, Section 198 (2011) revised the definition of a severe need breakfast school to one where twenty per cent or more of the lunches served to students at the school in the fiscal year two years prior to the grant year were served free or at a reduced price. School Breakfast is required in K-8 schools where 80 percent of lunches served are free or reduced price.

Food Allergies: Statute Chapter 169, Section 10-212c (2006) requires the Department of Education, in conjunction with the Department of Public Health, to develop and make available to each local and regional board of education guidelines for the management of students with life-threatening food allergies. Each local and regional board is then required to implement a plan based on these guidelines. The resulting Guidelines for Managing Life-Threatening Food Allergies in Connecticut Schools (2006) address education and training of school personnel, procedures for responding to life-threatening allergic reactions to food, processes for the development of individualized health care and food allergy action plans for affected students and protocols to prevent exposure to food allergens. Each local and regional board of education is required to implement a plan based on the guidelines. It is important to note that Statute 10-212c (2006) created an entitlement to an individualized health care plan for children with life-threatening food allergies regardless of the child's status as a student with a disability.

Farm-to-School: Statute Chapter 423, Section 22-38d establishes a farm to school program within the Department of Agriculture (in consultation with the Department of Education).The program shall facilitate and promote the sale of Connecticut-grown farm products by farm to school districts, individual schools and other educational institutions. The Department of Agriculture is charged with encouraging and soliciting Connecticut farmers to sell their products to districts, schools and other educational institutions, to develop a database of farmers interested in selling their products to schools, to facilitate purchases by school districts and to provide guidance to farmers interested in the program. The Department of education is charged with establishing a yearly week-long promotional event, with encouraging and soliciting school districts, individual schools and other educational institutions to purchase Connecticut-grown farm products, with providing outreach, guidance and training to districts, PTA organizations, schools and school food service directors, and with arranging interaction between potential purchasers and farmers and between students and farmers.
 

District of Columbia

Last Updated: 8/11/2014

Food Services:  Section 202 of the Healthy Students Act of 2010 outlines the nutritional standards for school meals. All breakfast, lunch, and after-school meals served to students in public schools and public charter schools or by organizations participating in the Afterschool Meal Program shall meet or exceed the federal nutritional standards set forth in applicable federal laws. 

Additionally, breakfast and lunch meals served to students in each public school and public charter school shall meet or exceed the following nutritional requirements per serving:
(a) Saturated fat: Fewer than 10% of total calories; and
(b) Trans fat: Zero grams
(c) Sodium requirements for school breakfasts, which shall not apply until August 1, 2020, provided, that public schools and public charter schools shall gradually reduce the amount of sodium served in school meals are the following: less than 430 milligrams for Grades Kindergarten through 5; less than 470 milligrams for Grades 6 through 8; and less than 500 milligrams for Grades 9 through 12. Sodium requirement for school lunches, which shall not apply until August 1, 2020, provided, that public schools and public charter schools shall gradually reduce the amount of sodium served in school meals are the following: less than 640 milligrams for Grades Kindergarten through 5; less than 710 milligrams for Grades 6 through 8; and less than 740 milligrams for Grades 9 through 12.

Section 103 of the Healthy Students Act of 2010 authorizes the Healthy Schools Fund to reimburse public schools and public charter schools ten cents for each lunch meal served that meets the requirements of sections 202 and 203. Additionally, to eliminate the reduced-price copayment under section 203(b)(1), the Office of the State Superintendent of Education shall reimburse public schools and public charter schools 40 cents for each lunch meal served to students who qualify for reduced-price meals.

Section 203 of the Healthy Students Act of 2010 prohibits public and public charter schools from charging students for meals if they qualify for reduced-price meals. It also requires schools to do the following: (1) provide meals that meet the dietary needs of children with diagnosed medical conditions as required by a physician; (3) solicit input from students, faculty, and parents, through tastes tests, comment boxes, surveys, a student nutrition advisory council, or other means, regarding nutritious meals that appeal to students; (4) promote healthy eating to students, faculty, staff, and parents; (5) provide at least 30 minutes for students to eat lunch; and (6) participate in federal nutritional and commodity food programs whenever possible.

Section 602 of the Healthy Students Act of 2010 requires each public school and public charter school to submit the following information to the Office of the State Superintendent of Education: the name of the school’s food service vendor; whether the school’s meals meet the nutritional standards required by federal and District law; where the information required by section 205 can be found; whether the school participates in the farm-to-school program under section 301; and whether the school participates in the School Gardens Program under section 503. This information shall also be posted online if the school has a website and make the form available to parents in its office. The Office of the State Superintendent of Education shall post the information on its website within 14 days of receipt.

Adequate Time to Eat:  Section 203 of the Healthy Students Act of 2010 states that public schools and charter schools shall provide at least 30 minutes for students to eat lunch.

School Breakfast:  Section 102 of the Healthy Students Act of 2010 authorizes the Healthy Schools Fund to reimburse public schools and public charter schools ten cents for each breakfast meal served that meets the requirements of sections 202 and 203. Section 103 also states that to provide free breakfast meals in public charter schools under section 203(a), the Office of the State Superintendent of Education shall reimburse public charter schools as follows: (A) thirty cents for each breakfast meal served to students who qualify for reduced-price meals; and (B) the difference between the free and paid rates for breakfasts served in severe-needs schools in the District of Columbia, as determined by the USDA, to students who do not qualify for free or reduced-price meals. 

Section 203 of the Healthy Students Act of 2010 requires public schools and public charter schools to offer free breakfast to all students if more than 40% of the students at the school qualify for free or reduced-price lunch. Public and charter elementary schools are required to offer breakfast in the classroom each day. Public and charter middle and high schools are required to offer alternative serving models, such as breakfast in the classroom or grab-and-go carts, each day to increase breakfast participation.
 
Food Allergies: Section 203 of the Healthy Students Act of 2010 states that public and public charter schools shall provide meals that meet the dietary needs of children with diagnosed medical conditions as required by a physician.

 


Last Updated: 8/11/2014
check

Farm-to-School: Section 101 of the Healthy Students Act of 2010 defines “locally grown” and “locally processed”, and requires public schools and public charter schools to serve locally grown, locally processed, and unprocessed foods from growers engaged in sustainable agriculture practices whenever possible. Preference shall be given to fresh unprocessed agricultural products grown and processed in the District of Columbia, Maryland and Virginia.

Section 103 of the Healthy Students Act of 2010 authorizes the Healthy Schools Fund to provide an additional 5 cents per lunch meal reimbursement to public schools and public charter schools when at least one component of a reimbursable lunch meal is comprised entirely of locally grown and unprocessed foods; provided, that the schools report the name and address of the farms where the locally grown foods were grown to the Office of the State Superintendent of Education.

Section 205 of the Healthy Students Act of 2010 requires food service providers to provide the following information to public schools and public charter schools: (1) menu for each breakfast and lunch meal served, (2) nutritional content of each menu item, (3) ingredients for each menu item; and (4) location where fruits and vegetables served in school are grown and processed and whether growers are engaged in sustainable agricultural practices.

Public schools and public charter schools are required to post this information in the school’s office, and online if the school has a website. Public schools and public charter schools are required to inform families that vegetarian option and milk alternatives are available upon request.

Section 302 of the Healthy Students Act of 2010 requires the Office of the State Superintendent of Education to, in conjunction with other agencies, community organizations, food service providers, public schools, and public charter schools, develop programs to promote the benefits of purchasing and eating locally grown and unprocessed foods that are from growers engaged in sustainable agriculture practices. At minimum, the Office of the State Superintendent of Education is required to conduct at least one program per year, such as an annual local flavor week or a harvest of the month program, in collaboration with other District agencies and nonprofit organizations.

Section 303 of the Healthy Students Act of 2010 requires that the Office of the State Superintendent of Education submit an annual comprehensive report on the District’s farm-to-school initiatives and recommendations for improvement to the Mayor, the Council, and the Healthy Schools and Youth Commission. Each public school and public charter school is also required to submit information about whether the school participates in the farm-to-school program. This information must be posted online if the school has a website and make the form available to parents in its office.


Delaware

Last Updated: 3/22/2013

Food Services: Administrative Code 14:852 (2004) requires each school district to implement a Child Nutrition Policy that minimally provides nutritious and balanced meals, and purchasing practices that ensure the use of quality products.

HB03 (2011) prohibits public schools and school districts from making any food containing artificial trans fatty acid available to students in grades K-12 during school hours. A food contains trans fatty acid if it is labeled as containing vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or if it contains more than 0.5 gram per serving of vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient.

Adequate Time to Eat: Administrative Code 14:852 (2004) requires adequate time to eat breakfast and lunch. "Adequate" is not defined.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: The Departments of Education, Agriculture and Health and Social Services signed a Memorandum of Agreement in 2010 focused on farm to school initiatives. The Memorandum of Agreement to Promote Healthy Eating and Nutrition Awareness included the following: (1) the identification of local agriculture producers and processors who can supply farm products, (2) development of a comprehensive "farm to school" strategy, (3) the development of new or enhancement of existing School Nutrition Programs incorporating local agricultural products, and (4) the development of  new school nutrition curricula or enhancement of existing, which may include school gardens.


Florida

Last Updated: 8/5/2014

Food Services: Statute Statute 570.981 (2011)  requires the State Board of Education to adopt rules regarding the administration and operation of the school food service programs. Each district shall then adopt policies that provide for an appropriate food and nutrition program that is consistent with the State Board policy. Each school district is also required to implement a school breakfast program in all elementary schools.

Statute 570.982 (2011) requires each district school board to develop a plan by May 1, 2006, to sponsor a summer nutrition program, beginning the summer of 2006, to operate sites in the school district as follows: (a) within 5 miles of at least one elementary school at which 50 percent or more of the students are eligible for free or reduced-price school meals and for the duration of 35 consecutive days; and (b) except as operated pursuant to paragraph (a), within 10 miles of each elementary school at which 50 percent or more of the students are eligible for free or reduced-price school meals. The bill allows for an exemption from this requirement provided that school boards seeking such exemption include the issue on the agenda of a regular or special school board meeting that is publicly noticed, provide residents an opportunity to participate in the discussion, and vote on whether to be exempt. Exemptions must be reported to the Commissioner of Education. The board must reconsider its decision to be exempt each year.  If a district school board elects to be exempt from sponsoring a summer nutrition program, it may encourage not-for-profit entities to sponsor the program.

Adequate Time to EatNo state policy.

School Breakfast: Statute 570.981 (2011) requires that universal free breakfast must be offered in schools in which 80 percent or more of the students are eligible for free and reduced price lunch meals. It also requires each elementary, middle, and high school to make a breakfast meal available if a student arrives at school on the school bus less than 15 minutes before the first bell rings and shall allow the student at least 15 minutes to eat the breakfast.

Food Allergies: No state policy.

Farm-to-School: Statute 570.981 (2011)  establishes the Florida Farm Fresh Schools Program within the Department of Education. The Program is required to work with the Department of Agriculture and Consumer Services to develop policies pertaining to school food services which encourage (1) School districts to buy fresh and high-quality foods grown in-state, (2) In-state farmers to sell their products to school districts and schools, (3) School districts and schools to demonstrate a preference for competitively priced organic food products. It also requires schools to make “reasonable efforts” to select food based on a preference for those that have maximum nutritional content. The Department s of Education and Agriculture must provide guidance, outreach and training about the benefits of fresh food products from in-state. 


Georgia

Last Updated: 7/31/2013

Food Services: State Board of Education Rule 160-5-6-.01 (2002) requires each local board of education to ensure participation by all schools in a state-approved nutrition program. The board must also provide a choice of menus or items and a job-related training program for school nutrition program personnel that provides annual in-service training, requires all new employees to complete a training program within the first full school year, and facilitates 30 credit hour training courses.  In addition, each food service facility must have a least one employee who is a certified food safety manager. Supervisory school nutrition personnel are required to meet certification requirements of a school nutrition director or director trainee, or where appropriate, a classified school nutrition manager/supervisor. The local board of education must establish a salary schedule and full-time equivalent positions that meet or exceed minimum state standards.

Adequate Time to Eat: No state policy.

School Breakfast: Code 20-2-66 (2007) requires school breakfast in K-8 schools with 25 percent or more free and reduced price eligible students and in all other schools with 40 percent or more free and reduced price eligible students.

Food Allergies: No state policy.

Farm-to-School: Code 20-2-500 (2009) authorizes the State Board of Education to promulgate rules and regulations to regulate contracts or purchases of $100.00 or more for or on behalf of students of any public elementary or secondary school. Such rules shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. House Resolution 589 (2011) commends Farm to School programs and recognizes March 30, 2011 as Farm to School Day at the state capitol.


Hawaii

Last Updated: 7/22/2013

Food Services: Administrative Rule 8-37-2 (1995) requires public schools to participate in the benefits of the National School Lunch Program, School Breakfast Program, and the Community Program to the extent possible. State Board of Education Policy 6800 (2007) requires each public school to provide food services that meet nutritional needs to students at a minimum cost. HRS 302A-404 (1996) requires school lunches to be made available in every school where students are required to eat lunch.

Adequate Time to Eat: No state policy.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: No state policy.


Iowa

Last Updated: 7/31/2013

281 IAC 58.7 requires districts to provide lunch programs for all students who attend public school 4 or more hours each school day. Code 256.7(29) requires establishing nutritional content standards for foods and beverages provided on school grounds during the school day. Code 256.7(57) requires convening a nutrition advisory panel to submit nutritional standard recommendations to the state board. Iowa Code 256.7(58) requires providing nutritional content standards and monitoring compliance. 281 IAC 58 outlines school breakfast and lunch program nutritional content standards for other foods and beverages.

Adequate Time to Eat: No state policy.

School Breakfast281 IAC 58.6 (2002) allows school districts to provide a school breakfast program at all schools in the district.

Food Allergies: No state policy.


Last Updated: 11/24/2010
check

Farm-to-School: Code 190A.1-190A.4 (2007) establishes a farm to school program to encourage and promote the purchase of locally and regionally produced or processed food. The program seeks to link elementary and secondary public and nonpublic schools with farms to provide schools with fresh and minimally processed food for inclusion in school meals and snacks, to encourage children to develop healthy eating habits, and provide farmers access to consumer markets. The program may include activities that provide students with hands-on learning opportunities, such as farm visits, cooking demonstrations, and school gardening and composting programs. The statute also establishes a council charged with establishing partnerships between public agencies, nonprofit organizations and schools and with seeking out financial or in-kind contributions to the program.


Idaho

Last Updated: 2/28/2013

Food Services: The Department of Education adopted New Nutrition Standards for Idaho Schools (2009) and strongly encourages each School Food Authority (SFA) to adopt the standards. The standards are outlined below:

  • Calories must be a minimum of 100% and a maximum of 110% of USDA calorie levels.
  • Strive to eliminate foods containing added trans fats.
  • Prohibit the use of deep fat frying as a food preparation method.
  • Limit serving pre-fried, flash-fried or par-fried side items/components to no more than three times per week for breakfast and lunch and other items.
  • Offer whole grains in all serving lines at least three times per week at breakfast and at least three times per week at lunch. For purchased foods, the whole grain must be listed first in the ingredient list. For homemade foods, more than 50% of the grains in the recipe must be whole grains.
  • Offer at a minimum one fruit on all points of service for breakfast. If only one fruit choice is offered at breakfast, juice may only be offered two times per week as the fruit choice. Offer at least one fruit and one non-fried vegetable at all points of service each day. When using frozen and canned fruits, products must be packed in natural juice, water or light syrup.
  • Offer only fat-free (skim) and low-fat 1% milk.
  • Offer legumes (dry beans and peas) at least once per week.
  • Do not offer grains with more than 14g of sugar per ounce in purchased products (exempting natural sugars such as fruits). Strive to include foods with less than 10g of sugar per ounce at breakfast.
  • Limit sodium to 2mg per calorie
  • Offer meals with at least 1 gram of fiber per 100 calories.
  • Limit cholesterol to 75mg for breakfast and 100mg for lunch.
  • Do not make saltshakers, sugar dispensers or salt and/or sugar packets available.
  • Accurately reflect condiment usage in nutrient analysis and on production records.
  • Use low-fat condiments and/or control portions of high-fat condiments whenever possible.
  • Limit á la carte foods that do not meet the Nutrition Standards for Idaho School Meals.
     

Adequate Time to Eat: No state policy.

School Breakfast
: No state policy.

Food Allergies: No state policy.

Farm-to-School: No state policy.


Illinois

Last Updated: 9/20/2011

Food Services: State Board of Education 23 Illinois Administrative Code Ch. 1, Section 305.10 (1978) provides for the free lunch program, the National Child Nutrition Program, and the federal Child Nutrition Program. 105 ILCS 125/4 (2005) mandates that every public must have a free lunch program. 105 ILCS 126/20 (2007) requires school districts to promulgate a plan to have summer breakfast or lunch (or both) service programs in which 50% or more students are eligible for free and/or reduced lunch and have a summer program.

State Board of Education 23 Illinois Administrative Code Ch. 1, Section 305.15 (2006) requires that all schools participating in the free lunch and breakfast programs adhere to the following regulations regarding food and beverage sales to students in grade eight and below during the regular school day (Also outlined in the School-Based Child Nutrition Programs Administrative Handbook (2008).  Beverages sold to students shall include only (1) flavored, or plain whole, reduced fat (2%), low-fat (1%), or nonfat milk, (2) reduced fat and alternative dairy beverages (i.e., rice, nut or soy milk or any other USDA-approved alternative beverage), (3) fruit and vegetable drinks containing 50% or more juice, (4) non-flavored, -sweetened nonnon-carbonated water, (5) yogurt or ice based fruit smoothie that contains less than 400 calories and no added sugars and is made from fresh or frozen fruit or fruit drinks containing at least 50% fruit juice, (5) any beverage exempted from USDA's list of Foods of Minimal Nutritional Value.  In addition, all schools participating in the free lunch and breakfast programs in which grades five and below are operating must prohibit the sale of all confections, candy and potato chips to students during meal periods.

The School-Based Child Nutrition Programs Administrative Handbook (2008) outlines requirements for foods sold to students in participating schools in the food service area during meal periods. Any foods sold outside of the reimbursable meal to grades Pre-K–12 in the food service area during meal periods cannot include any FMNV (chewing gum and certain candies [hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy, and candy coated popcorn]) unless exempted by the USDA. Schools with grades 5 and below must prohibit the sale to students of all confections, candy, and potato chips during meal periods. Foods sold to grades 8 or below outside the food service area or within the area other than during meal periods shall include only nuts, seeds, nut butters, eggs, cheese packaged for individual sale, fruits or non-fried vegetables, or low-fat yogurt products; or any food item that meets all of the following criteria:

  • Total calories from fat do not exceed 35 percent
  • Total calories from saturated fat do not exceed 10 percent
  • Total amount of sugar by weight does not exceed 35 percent; and 
  • Calories do not exceed 200.

Adequate Time to Eat: No state policy.

School Breakfast: 105 ILCS 125/2.5 (2005) requires the state board of education to fund a breakfast incentive program and make grants available for school boards and welfare centers who agree to start a school breakfast program with first priority to those schools with more than 40% on free and reduced priced meals.

Food Allergies105 ILCS 5/2-3/148 (2009) requires the State Board of Education, in conjunction with the Department of Public Health to develop and make available to each school board guidelines for the management of students with life-threatening food allergies. The guidelines must include the following: (1) education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with an auto-injector, (2) procedures for responding to life-threatening reactions to food, (3) a process for the implementation of individualized health care and food allergy action plans, and (4) protocols to prevent exposure to food allergens. Each school board is then required to develop a policy based on the guidelines developed for the management of students with life-threatening food allergies. The Guidelines for Managing Life-threatening Allergies in Illinois Schools (2011) encompass these requirements.

Farm-to-School: HB 0078 (2009) requires the Departments of Agriculture, Public Health and Education to establish the Farm Fresh Schools Program, a grant program for local schools.


Indiana

Last Updated: 8/6/2014

Food Services: IC 20-26-9-19 (2006) restricts foods and beverages that are served on the a la carte line of the cafeteria and are not part of federal school breakfast or lunch program. At least 50% of food and beverages choices for sale on school grounds must be better food choices."  Better food and beverage choices" are defined as follows:  (1) Fruit or vegetable drinks that are at least 50 percent juice and do not contain additional caloric sweeteners; (2) water and seltzer that does not contain added caloric sweetners; (3) low and fat-free milk, including non-dairy fortified milk (4) isotomic beverages; (5) foods that contain not more than 30 percent of total calories from fat, not more than 10 percent of total calories from saturated and trans fat, and not more than 35 percent of their weight from sugars not naturally occurring in fruits, vegetables or dairy products.  

In addition, food items that contain more than 210 calories (note: a la carte items not part of the federal school lunch and breakfast program) may not exceed the following portion sizes:  (1) 1.75 ounces for chips, crackers, popcorn, cereal, trail mixes, nuts, seeds, dried fruits and jerkey, (2) 2 ounces for cookies and cereal bars; (3) 3 ounces for bakery items; (4) 3 fluid ounces for frozen desserts; and (5) 8 ounces for non-frozen yogurt.  In addition, any beverage item for sale at school or on the school grounds (through the cafeteria, vending machines or other) may not exceed 20 ounces.  In the case of entrée and side dish items (including onion rings and French fries, the food item available for sale may not exceed the portion of the same item that is served as part of the school breakfast and lunch program.

Adequate Time to Eat: No state policy.

School Breakfast: Code 20-5-13.5 (1993)  and Code 20-26-9-13 (2005) require school breakfast in public schools with 25% or more free and reduced lunch eligible students.

Food Allergies: No state policy.

Farm-to-School: No state policy.


Kansas

Last Updated: 7/29/2013

Food Services: Statute 72-5115 (1973) allows the state board of education to enter into agreements with the US Department of Agriculture and other federal agencies for participation in a food service program. At a local level, Statute 75-5126 (2003) allows local boards of education to enter into contracts with the governing body of nonpublic schools, municipalities, or nonprofit organization for the provision of food. All money received by a school district under a contract must be deposited into the food service fund.

Statute 72-5122 (1973) allows the state board to conduct studies to improve and expand food service programs in schools in order to promote nutritional education. Further, the state board may conduct appraisals of the nutritive benefits of food service programs.

Adequate Time to Eat: The School Wellness Policy Model Guidelines (2010) recommends that students have at least 10 minutes to eat breakfast and 15 minutes to eat lunch.

School Breakfast: Statute 72-5125 (1992) requires all public schools to offer breakfast unless they have been granted an annual waiver by the Kansas State Board of Education. No waiver shall be granted for a school building in which 35 percent or more of the students are free and reduced price lunch eligible. 

Food Allergies:  No state policy.

Farm-to-School: No state policy.


Kentucky

Last Updated: 8/18/2013

Food Services: 702 KAR 6:050 (1991) requires all schools participating in the national school lunch and breakfast programs to serve a complete hot or cold breakfast and a complete hot or cold lunch of serving sizes that provide at least 1/3 to of the daily nutritive requirements of the school-age child being served. Lunch shall be made available to all children attending each school, and for those predetermined by school authorities to be unable to pay the full cost of the meal, meals shall be served without cost or at reduced cost. The same cost rule applies to schools serving breakfast.

KRS 158.854(4) (2005) restricts the sale of beverages in elementary schools to school-day-approved beverages that include water, 100% fruit juice, low-fat milk and any beverage that contains no more than 10 grams of sugar per serving. This limitation applies to vending machines, school stores, canteens, or fundraisers that sell beverages to students, teachers or groups.

702 KAR 6:090 (2006) restricts food and beverages sold during the time period beginning 30 minutes after the last lunch period to the end of the instructional period. Sections 1 and 2 provide detailed information on the nutritional requirements and characteristics of permitted beverages and food.


Adequate Time to Eat: Federal FNS Instruction 210.10 Section (2) encourages schools to provide sufficient lunch periods that are long enough to give all students enough time to be served and to eat their lunches.

School Breakfast: Statute 158.070 (2005) requires school districts to arrange bus schedules so that all buses arrive in sufficient time for schools to serve breakfast prior to the instructional day.

Food Allergies: Federal FNS Instruction 783-2, Revision 2, Meal Substitutions for Medical or other Special Dietary Reasons dictates that Food Service Programs that participate in the National School Lunch and School Breakfast Programs must accommodate children with disabilities and identify children that may be accommodated in the absence of a disability. 

Farm-to-School: No state policy.


Louisiana

Last Updated: 9/5/2013

Food Services: In Bulletin 741 (2005) allows any recognized school of public high school grade and under to participate in a school food service program offered by the local department of education. Part LXXIX (2005), 2303 applies the same to non-public schools. Participating schools must adhere to the requirements in Bulletin 1196 (2003). RS 17:192 (1991) states that all school children under the supervision and regulation of the state shall be given lunches that takes into consideration the nutritional needs of the children, the distance traveled from home to school, and the attendance of several schools. Each school system is to also required to participate in the national school breakfast program by providing free- or reduced-price breakfast to all eligible students in the school. RS 17:194 (1970) allows the state board of education to prescribe regulations, employ personnel, and take other necessary action to establish a school lunch program. 

Adequate Time to Eat: Bulletin 1196 Section 719 (2003) encourages all schools to provide a minimum of 30 minutes for lunch.

School Breakfast
RS 17:192 (1991) requires a school board to operate to School Breakfast program if at least 25 percent of the students enrolled in one or more schools in the system are eligible for free and reduced meals. Act 737 (2010) requires that, if a public school system has a policy of denying meals to children in elementary schools for nonpayment of meal fees, the school board must implement procedures including: a) providing notification to the child's parent or legal guardian as to the date and time after which meals may be denied, the reason for such denial, any action that may be taken by the parent or legal guardian to prevent further denial of meals, and the consequences of the failure to take appropriate actions to prevent such denial; and b) verify with appropriate school staff that the child does not have an Individual Education Plan that requires the child to receive meals provided by the
school. The school must provide a sandwich or a substantial and nutritious snack item to the child as a substitute for the denied meal. School boards must report annually to the state superintendent of education on the number of denied meals with information about all students whose meals were denied.
 
Food Allergies: No state policy.

Farm-to-School: No state policy.


Massachusetts

Last Updated: 11/26/2011

Food Services: No state policy addressing school meals specifically. However, HB4459 (2010) requires the Department of Public Health to develop guidelines that apply to all competitive food and beverages sold at school. It also requires the Department of Education to review the "Chefs in Schools" program of Boston Public Schools to identify other schools where the program could be implemented.

Adequate Time to Eat: No state policy.

School Breakfast: General Law Chapter 69, Section 1c  (no date available) requires breakfast in public schools considered "in severe need" and where more than 50 percent of students have applied for free and reduced lunch.

Food Allergies: No state policy.  However, the state does offer a policy guidance document for local school districts, Managing Life Threatening Food Allergies (2002).

Farm-to-SchoolHB4459 (2010) establishes a preferrential purchasing program for local produce by state agencies. It also requires the department of agricultural resources to collect data including, but not limited to:

  • Public school districts and other educational institutions currently purchasing locally grown farm products, as well as school districts or other educational institutions not yet preferentially purchasing locally grown farm products,
  • The type of farm products public schools wish to purchase;
  • Farms interested in selling locally grown farm products to public schools or other educational institutions,
  • The types of locallygrown farm products available,
  • The names and contact information of farmers and farm organizations marketing the locally grown farm products.
  • The name of the procurement contact person at each public school district; (2) a list of public school districts that feature locally grown foods on their published cafeteria menus,
  • A list of public school districts that have school garden or greenhouse projects and those public school districts that include local agriculture in their curricula, and
  • A list of public school districts that include serving locally grown foods in their wellness policies as a strategy to encourage healthy student meals.

Maryland

Last Updated: 6/23/2008
check

Farm-to-School: SB 158 (2008) establishes a farm-to-school program in the Department of Agriculture. The program is established to do the following: (1) Promote the sale of farm products grown in state to Maryland schools, (2) Solicit farmers to sell their products to schools, (3) Develop and update a database of interested farmers and their products, (4) Facilitate purchases from farmers by interested schools, (5) Provide outreach and guidance to farmers, and (5) Organize a one week promotional event known as "Maryland Homegrown School Lunch Week." 


Last Updated: 8/5/2014

Food Services: Code 7-601 requires that State Board of Education to adopt and publish standards for the administration of the subsidized and free feeding program, including eligibility conditions and a requirement that each county board provide a reduced price lunch program. Code 7-603 requires public schools to offer a program of subsidized or free feeding for eligible children. Code 7-701 requires elementary schools to offer a free and reduced-price breakfast program if the percentage of enrolled students eligible for free or reduced-price meals is 15% or greater. Code 7-704 authorizes the Maryland Meals for Achievement classroom breakfast program, which provides meals at no cost to all children in participating schools. To be eligible, at least 40% of enrolled students in a school must be eligible for free or reduced-price meals.

Adequate Time to Eat: No state policy.

School Breakfast
: Code 7-701 (1999) and 7-702 (1999) requires school breakfast in public elementary schools. Schools with less than 15 percent free and reduced lunch eligible students or low participation among free and reduced lunch eligible students may be exempted.

Food Allergies: HB26 (2009) requires the principal of a public school which has a student attending the school that has been identified to the school as having an anaphylactic allergy must designate a peanut-and tree nut-free table in the cafeteria.


Maine

Last Updated: 3/21/2012

Food Services: Statute Title 20-A 6602 (2001) requires public schools to provide nonprofit school food service programs by participating in the National School Lunch Program and providing Type A" meals. Only secondary schools limited to grades 9-12 are exempt. Furthermore, the Commissioner may assess the nutritional benefits of school lunch programs and report to the state board.

Title 20-A 6662.1 (2005) requires that food service programs post caloric information for pre-packaged a la carte menu items at point-of-decision.  It also requires the Department of Education to establish standards for food and beverages sold or distributed on school grounds but outside of school meal programs. These standards must include maximum portion sizes, except for portion sizes for milk, that are consistent with single-serving standards established by the USDA.

Adequate Time to Eat: No state policy.

School Breakfast: Sec 1. 20-A MRSA c. 6602 (2007) requires all schools that serve breakfast to provide breakfast  to all children eligible for free and reduced-price meals at no cost to the student.

Food Allergies: No state policy.

Farm-to-School: Sec. 1. 20-A MRSA c. 223, sub-c. 9 (2005) requires the Department of Education, in collaboration with the Department of Agriculture, to implement the USDA's Farm to School Program to provide locally grown fruits and vegetables in public schools.


Michigan

Last Updated: 8/18/2013

Food Services: The State Board of Education and the Department of Education recommend the following standards for foods and beverages served/sold through the Child Nutrition Program (School Breakfast and Lunch, Summer Feeding Programs, and After School Snack Programs) in its their Recommendations for all Foods and Beverages Available in Michigan Schools (2010): 

Recommendations for all Reimbursable Meals:

  • Calories: range based on Daily Reference Intakes
  • Fat: 25-35% of calories over the week
  • Trans fat: zero or less than or equal to .5 grams per serving as listed on the nutrition label or in manufacturer's specifications, for any food included on the school menu.


Recommendations for the following targets as total quantities for reimbursable meals throughout the school day:

  • Fiber 14-21 grams
  • Sodium 1,340-1,400 milligrams total throughout the school day reduced in a step-wise fashion so as to reach the target by 2020
  • Fruits and vegetables to increase over time to meet DGA.


Additional recommended standards for School Nutrition Programs:

  • For food-based menu planning systems, continue to offer a minimum of five components for lunch, four components for breakfast, and two for after school snacks.
  • Sodium: Salt shakers and packets shall not be available
  • Sugar: Sugar packets shall not be available
  • Legumes: Must be offered two times per week as either a meat/mealt alternate and/or vegetable component.


Adequate Time to Eat:  
The Model Local Wellness Policy (2005) recommends that schools provide students with adequate time to eat. "Adequate" is not defined.

School Breakfast: Code 380.1272a (1996) requires school breakfast in schools with 20 percent or more students are eligible for free or reduced lunch during the immediately preceeding school year. 

Food Allergies: No state policy.

Farm-to-School: The Farm to School Procurement Act  requires the Michigan Department of Education (MDE) and the Michigan Department of Agriculture (MDA) to collaborate to encourage school food authorities to purchase local farm products. The act requires MDE to: · investigate potential procedures and tools for school authorities to purchase local farm products and abide by Federal regulations, educate food service directors on the small purchase threshold and other procurement procedures and tools, and  implement food preparation training for food service staff to accommodate fresh and local foods. The MDA, as part of the collaboration, has to house a farm-to-school point person to coordinate its efforts with the MDE and the Department of Community Health, identify, target, and promote job creation around farm-to-school initiatives, investigate opportunities for farmers to supply their products to commercial distributors, and, in cooperation with commodity groups and growers associations, use existing web-based market development tools or adopt a voluntary web-based directory of farmers searchable by location. Public Acts 343 and 344, raise the small purchase threshold for school food purchases at public school districts and intermediate school districts. A higher small purchase threshold gives Michigan school food service directors more room to purchase local foods from Michigan farmers through informal purchasing procedures.


Minnesota

Last Updated: 8/4/2014

Food Services: Statute 124D.111 (1977) provides state funds for school lunches and Statute 124D.119 (1997) provides state funds for Summer Food Service Program.

Statute 124D.118 (2005) encourages each school district to participate in the state-supported school milk program for kindergarteners. For those districts who choose to participate, they must provide one serving of milk every school day to each kindergarten student attending a public or nonpublic school. Students are not, however, required to accept the milk.

Adequate Time to Eat: No state policy.

School Breakfast: Statute 124D.117 (1998) requires school breakfast in public schools at which 33 percent of school lunches were served during the second preceding year were free or reduced-price. Statute 124D.1158 (2003) provides state funds for school breakfast and requires that breakfast be provided at no charge to students eligible for reduced-price meals.

Food Allergies:  Statute 123D.114 (2000) requires public school districts and nonpublic schools participating in the School Lunch Program or Breakfast Program to make available to lactose intolerant students, upon a written request of the parent, lactose reduced milk; milk fortified with lactase in liquid, tablet granular or other form; or milk to which lactobacillus acidophilus has been added. 

Farm-to-School: No state policy.


Missouri

Last Updated: 8/28/2013

 

Food Services: Revised Statute 167.211 (1963) allows any school board to sell lunches to children attending the schools and shall not be sold at a price less than the cost of the food. State and local responsibilities for administering the Food Distribution Program can be found in 5 CSR 30-680.060 (1989), the National School Lunch Program found in 5 CSR 30-680.010  (1992), and the School Breakfast Program found in 5 CSR 30-680.030 (1993). 

Adequate Time to Eat:  No state policy. 

School Breakfast
: Statute 
191.803 (1992) requires school boards to establish a school breakfast program in schools in which 35 percent or more of the students enrolled on October first of the preceding school year were eligible for free or reduced price meals.  A waiver may be granted if a majority of the school board votes to opt out. Statute 191.813  requires agencies responsible for administering food programs, including the School Breakfast Program, to collaborate in designing and implementing outreach programs focused on populations at risk of hunger that effectively describe the programs, their purposes, and how to apply for them. These outreach programs must be culturally and linguistically appropriate for the populations most at risk.

Food Allergies: MRS 167.208 (2009) requires each school district to adopt a policy on allergy prevention and response, with priority given to addressing potentially deadly food-borne allergies. The policy must contain the following elements: (1) Distinguish between building-wide, classroom, and individual approaches to allergy prevention and management;  (2) Provide age-appropriate response to building-level and classroom-level allergy education and prevention;  (3) Describe the role of both certificated and noncertificated school staff in determining how to manage an allergy problem,  (4) Describe the role of other students and parents in cooperating to prevent and mitigate allergies; (5) Address confidentiality issues involved with sharing medical information, (6) Coordinate with the school health advisory council, local health authorities, and other appropriate entities to ensure efficient promulgation of accurate information and to ensure that existing school safety and environmental policies do not conflict. The Missouri Department of Health and Senior Services developed Guidelines for Allergy Prevention and Response (2012)
that includes model policy and procedures intended for use by any public school/school district to support implementation of this statute. The Missouri Department of Education has also made available on its Allergy Prevention and Response Network additional resources to aid school districts in developing policies.

Farm-to-School: No state policy.
 

Mississippi

Last Updated: 12/28/2013

Food Services: The Healthy Students Act (2007) requires the State Board of Education to adopt regulations for food choices, preparation and marketing.  The State Board of Education's Beverage Regulations and Nutrition Standards include the following guidelines. From one hour before the start of any meal services period until the end of the last meal period, no food or beverage items can be sold on the school campus. During meal periods, food items are only allowed to be sold through the school food service. School food service shall serve only those foods that are components of the approved federal meal patterns (or water or milk products) and such additional foods as necessary to meet the caloric requirements of the age group being served. With the exception of water and milk products, a student may purchase the individual components of the meal only if the full meal is also being purchased. 

Code 37-11-8 (2010) requires the Office of Healthy Schools/Department of Education to develop and implement the HealthierUS School Initiative (USDA) to facilitate healthier choices and practices by local school districts through the promotion of healthier school environments. The Office of Healthy Schools may provide financial incentives to schools receiving recognition through the HealthierUS program. Requirements for participating schools are outlined in the statute, including offering reimbursable lunches that demonstrate healthy menu planning practices and principals of the Dietary Guidelines for Americans and adhere to guidelines established by the Food and Nutrition service for foods served outside of the National School Lunch Program.

The State Board of Education requires that only 1% and fat-free milk be available on school campuses.

Adequate Time to Eat: 
The  Nutrition Standards require schools to provide a minimum of 24 minutes for students and staff to eat lunch, and recommend (but do not require) 10 minutes for breakfast.

School Breakfast: No state policy.

Food Allergies: No state policy. However the Department of Education provides guidance in Managing Food Allergies in Mississippi Schools (2008).

Farm-to-SchoolHB718 (2013) creates the Interagency Farm to School Council to identify models and methods of promoting  farm to school programs in the state in order to improve the availability of healthy fresh foods in schools and promote the economic development of Mississippi farmers and food producers. The statute specifies the membership of the Council. It also specifies the Council's responsibilities, including assisting farmers in marketing and building commercial relationships with food service directors in schools and the development of a website listing farmers and schools interested in participating in the program. 


Montana

Last Updated: 12/17/2012

Food Services: MCA 20-10-201 to 20-10-208 describes in detail the requirements for providing school food services. The Board of Public Instruction adopted a position statement (2005) encouraging all Montana schools to adopt a school wellness policy. Senate Joint Resolution No. 2 (2003) also urges districts to offer nutritious food and beverage choices whenever possible.

Adequate Time to Eat:   No state policy. However, the Montana Office of Public Instruction encourages schools to create pleasant and positive mealtimes through implementing a recess before lunch schedule and allowing adequate time to eat. State developed resources can be found at the following links: Recess before lunch – www.opi.mt.gov/recessbeforelunch and pleasant mealtimes – www.opi.mt.gov/pleasantmealtimes

School Breakfast
: No state policy.

Food Allergies: No state policy. 

Farm-to-School: No state policy.

 


North Carolina

Last Updated: 9/17/2013

Food Services: Statute 115C-263 (1981) requires local boards of education to provide school food services to the extent practicable in its public school system. Statute 115C-264 (2005) requires public child nutrition programs to participate in the federal National School Lunch Program.  The statute also prohibits public schools from using cooking oil that contains trans-fatty acids in their school food programs or sell processed foods containing trans-fatty acids. State Board of Education Policy TCS-S-000 (1993) prohibits the sale of foods and beverages to students in competition with the non-profit Child Nutrition Program. All food and beverages served to students during the school day must be operated on a non-profit basis by the Child Nutrition Program. Revenue from the sale of all foods and beverages sold to students during the school day must accrue to the non-profit Child Nutrition Program. 

The Board of Education Nutrition Standards for Elementary Schools (2006) requires school meals  meet the following minimum nutrition standards: (1)  Meals served must be consistent with the current edition of the Dietary Guidelines for Americans, Federal Regulations as approved for North Carolina and State Board of Education Policy on Nutrition Standards for School Meals; and (2) When averaged over the week, reimbursable meals will contain 20-35% of calories from fat, and < 10% total calories from saturated fat.  Trans fat and sodium levels will be monitored regularly and kept as low as possible.

In addition, the standards require a la carte items to meet the following criteria: (1) less than 35% total calories from fat, excluding seeds and nuts, (2) no more than 10% total calories from saturated fat, (3) no more than 1% total calories from trans fat, and (4) no more than 35% added sugar by weight. Item must be in the same serving size as offered that day as part of the reimbursable program with a limit of one additional entree portion. Single serving dairy products may contain no more than 200 calories, with no more than 35% total calories from fat, 10% total calories from saturated fat, 1% total calories from trans fat, and 35% added sugar by weight. Nuts and seeds may not exceed a 1 ounce portion. Yogurt or frozen yogurt may only be served in single servings. Food preparation methods for fruits and vegetables are limited to baking, roasting, broiling, boiling and steaming. Beverages are limited to water, 1% or less fat, 50% or more fruit juices with no added sweeteners and 100% frozen fruit products with no added sweeteners.

Adequate Time to Eat: No state policy.

School Breakfast: SB 415 (2011) appropriates funds to provide school breakfast at no cost to students at all grade levels qualifying for reduced-priced meals.

Food Allergies: No state policy.

Farm-to-School: No state policy.


North Dakota

Last Updated: 12/27/2011

Food Services: Administrative Rules 67-21-01 to 67-21-08 (2000) provides descriptions and requirements for school food programs. Code 15.1-35-03 (no date available) allows the superintendent of public instruction to provide for the establishment, maintenance, operation, and expansion of any child nutrition program and food distribution program by contracting with any public or private entity, adopting rules, employing personnel, etc.

Adequate Time to Eat: No state policy.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: No state policy.


Nebraska

Last Updated: 8/18/2013

Food Services: In accordance with CFR 210.11, the Competitive Foods Policy (2006) prohibits the sale of any food or beverages anywhere on school premises beginning one half hour before breakfast and or lunch service until one half hour after meal service unless all proceeds earned during these time periods go to the school nutrition program.  In addition, no foods of Minimal Nutritional Value, as defined by the USDA, can be sold in the Food Service areas beginning one half hour before breakfast and/or lunch service until one half hour after meal service under any circumstances.

Adequate Time to Eat: No state policy.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: No state policy.


New Hampshire

Last Updated: 7/12/2013

Food Services: RSA 189:11-a (2004) and State Board of Education Rule Ed 306.11 (2005) require each school board to make available meals for every pupil under its jurisdiction during school hours. For needy students, meals without cost or reduced should be made available according to income guidelines set by the state board. Students must also be accorded adequate time to consume meals in each elementary, middle, and high school.

Rule Ed 306.04 (2011) requires local school boards to adopt and implement written policies and procedures relative to supporting the availability and distribution of healthy foods and beverages that create a healthy environment in all schools throughout all school buildings during the school day. Rule Ed 306.04 (2011) requires that the policies include standards for nutrient dense foods and beverages for elementary, middle and high school, including portion size for nutrient dense foods and beverages that support the framework for healthier food choices in all school environments, and nutrition targets for foods and beverages made available outside of the fedrally regulated school meals program. The targets shall follow those developed by a nationally recognized research-based organization. The Departments of Health and Education provide guidance for these policies in School Foods: A Guide to Implementing the New Hampshire Administrative Rules for Education Regarding Food and Nutrition (2012).

Adequate Time to Eat: No state policy.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: No state policy.


New Jersey

Last Updated: 8/5/2014

Food Services: N.J.S.A. 18A:33-3 (1986) allows local boards of education to install, equip, supply, and operate cafeterias or other agencies for dispensing food to pupils in public school not-for-profit. N.J.S.A. 18A:33-4 (1974) requires each school with 5% or more students eligible for free or reduced price meals to make available lunch for all school children enrolled in the School.  N.J.S.A. 18A:33-10 (2003) requires public schools with 20% or more students eligible for free or reduced price meals in the previous year to establish a School Breakfast Program.

Administrative Code N.J.A.C. 2:36-1.7 requires districts to adopt a school nutrition policy in compliance with the comply with the New Jersey School Nutrition/Wellness Policy. Under this policy, foods defined by the USDA as having minimal nutritional value (FMNV), foods listing sugar in any form as the primary ingredient, and all forms of candy are banned from sale or free promotional distribution anywhere on school property during the school day.  This policy further applies to the federally reimbursable After School Snack Program.  Schools are also required to reduce the purchase of all products containing trans-fats.

Adequate Time to Eat: The Model School Nutrition Policy recommends providing adequate time for student meal service and consumption. "Adequate" is defined as 20 minutes after the student is served.

School Breakfast: N.J.S.A 18A:33-10 (2003) requires any school that has 20 percent or more students eligible for free or reduced-price lunch to participate in the School Breakfast Program (SBP). One-year waivers may be granted by the New Jersey Department of Agriculture to schools that lack the staff, facilities, or equipment to offer the SBP.

Food Allergies: N.J.S.A 18A:40-12.6a (2007) requires the Department of Education, in consultation with the Department of Health and relevant experts to establish and disseminate to each local board of education and nonpublic schools guidelines for the development of policy guidelines for the management of food allergies in the school setting and the emergency administration of epinephrine to students for anaphylaxis.

Senate Resolution 111 (2003) urges school districts to provide education and information for students and staff on the severe dangers that are faced by children who are allergic to peanuts and urges all school districts to establish peanut-free areas in their cafeterias.

The Department of Education also provides guidance in Guidelines for the Management of Life-Threatening Food Allergies in Schools (2008).

Farm-to-School: No state policy.


New Mexico

Last Updated: 8/5/2014

Food Services: 22-13-13 NMSA (no date available) requires the state board to prescribe standards and regulations for establishing and operating of a school lunch program.

Adequate Time to Eat: 6.291.1.9.I (6) NMAC, the student lunch period each day shall be at least 30 minutes.   Lunch recess shall not be counted as part of the instructional day.

School Breakfast: SB144 (2012) requires school districts and charter schools to provide free breakfast, after the instructional day has begun, to all students in elementary school in school districts where 85% or more of the students are eligible for free or reduced-price lunch. Schools with less than 85% of students on free and reduced price lunch may establish a program providing free breakfast after the instructional day has begun. A school district or charter school may apply for a waiver from this requirement.  Additionally, provided that instruction occurs simultaneously, time when breakfast is served or consumed pursuant to a state or federal program hall be deemed to be time in a school-directed program and is part of the instructional day.

 

Food Allergies: No state policy.

Farm-to-School: SM 54 (2008) requests that school districts to place great emphasis on, and make a high priority, for the purchase of locally grown foods for use in their school food programs; to encourage the Food Service Directors of NM school districts to search out local farmers who want to supply locally grown foods for school food programs; and to encourage copies of the NM Farm to School Directory be sent to all School Food Service Directors.


Nevada

Last Updated: 2/15/2010

Adequate Time to Eat: Statewide School Wellness Policy (2005) requires schools to designate at least 15 minutes for students to eat breakfast and at least 20 minutes for lunch.

School Breakfast
: No state policy.

Food Allergies: No state policy.

Farm-to-School: No state policy.


New York

Last Updated: 8/5/2014

Food Services8 CRR-NY 114.2(2011) allows any public school district, private, nonprofit schoolor "residential child care institution" to contract with a private food service management company for the purpose of managing and operating, in whole or in part, its food service program. Specific terms of these contracts are described in the policy language.

Adequate Time to Eat: No state policy.

School Breakfast
: Code Title 8, 114.1 (no date available) requires school breakfast in elementary schools, in schools located in districts with at least 125,000 inhabitants, and in schools that participate in the school lunch program and have 40 percent or more of lunches served to free and reduced price eligible students. 

Farm-to-School: Agriculture and Markets Law 16-5-b (2002) requires the Department of Agriculture and Markets to establish, in cooperation with the commissioner of education, a farm-to-school program to facilitate and promote the purchase of New York Farm Products by schools, universities and other educational institutions.  The Department of Agriculture and Markets is required to provide information to school districts regarding the availability of New York products (including types, amount and contact information of farmers and farm organizations), and shall coordinate with the Education department, school food service and other interested organizations to establish New York Harvest for New York Kids Week, with the aim of promoting New York agriculture and foods to children through school meal programs and in the classroom.


Last Updated: 9/9/2013
check

Food Allergies: The Allergy and Anaphylaxis Management Act (2007) requires Commissioners of Health and Education to establish state policy by June 2008 to manage the risk of anaphylaxis in public schools.  The bill requires schools to consider and take action in response to such state policy. The policy must include the following: (1) A procedure and treatment plan for responding to anaphylaxis, including responsibilities for school nurses and other school personnel, (2) A training course for appropriate school personnel for preventing and responding to anaphylaxis, (3) Procedures, guidelines and communication plan for the development of an individualized emergency health care plan for children with a food or other allergy, and (4) Strategies for the reduction of the risk of exposure to causative agents, including food and other allergens.

The Departments of Health and Education have also provided guidance in Making the Difference: Caring for Students with Life-Threatening Allergies (2008).


Ohio

Last Updated: 6/28/2010

Food Services: ORC 3313.814 (1979) requires each board of education, with consideration of each foods' nutritional value, to adopt and enforce standards for the types of food that may be sold on school premises and the specific times and place each type of food may be sold. The State Board of Education is to develop and adopt guidelines for use by local boards of education to enforce and implement this section.

ORC 3313.813 (2006) requires the state board of eduation to establish standards for a school lunch program, school breakfast program, child and adult care food program, special food service program for children, summer food service program for children, special milk program for children, food service equipment assistance program, and commodity distribution program established under the “National School Lunch Act.”

ORC 3313.816 (2010) prohibits public or chartered nonpublic schools from permitting the sale of a la carte beverage items other than the following during the regular and extended school day:

Schools with a majority of students in grades K-4 :

  • Water
  • Low-fat or fat-free milk, including flavored milk, 8 oz or less, with no more than 170 calories/8 oz (until Jan 1, 2014).
  • Low-fat or fat-free milk, including flavored milk, 8 oz or less, with no more than 150 calories/8 oz (after Jan 1, 2014).
  • 100% fruit juice, or 100% fruit juice and water blend with no added sweeteners, 8 oz or less, with no more than 160 calories/8 oz
Schools with a majority of students in grades 5-8:
  • Water
  • Low-fat or fat-free milk, including flavored milk, 8 oz or less, with no more than 170 calories/8 oz (until Jan 1, 2014).
  • Low-fat or fat-free milk, including flavored milk, 8 oz or less, with no more than 150 calories/8 oz (after Jan 1, 2014).
  • 100% fruit juice, or 100% fruit juice and water blend with no added sweeteners, 10 oz or less, with no more than 160 calories/8 oz
Schools with a majority of students in grades 9-12:
  • Water
  • Low-fat or fat-free milk, including flavored milk, 16 oz or less, with no  more than 170 calories/8 oz (until Jan 1, 2014).
  • Low-fat or fat-free milk, including flavored milk, 16 oz or less, with no more than 150 calories/8 oz (after Jan 1, 2014).
  • 100% fruit juice, or 100% fruit juice and water blend with no added sweeteners, 12 oz or less, with no more than 160 calories/8 oz
  • Any beverage of 12 oz or less that contains no more than 66 calories/8 oz.
  • Any size beverage that contains no more than 10 calories/8 oz, including caffeinated beverages and beverages with added sweeteners, carbonation, or artificial flavoring.
At least 50% of the a la carte beverages from the following sources during the regular and extended school day must be water or other beverages containing no more than 10 calories/8 oz: (1) school food service program, (2) vending machine located on school property that does not sell only milk or reimbursable meals, (3) a store operated by the school, a student association or other school-sponsored organization.

ORC 3313.817 (2010) requires each public and charted nonpublic school to use software (provided free-of-charge from the Department of Education, once available) to determine the nutritional value of each a la carte food item available for sale at the school. Each school must then comply with all of the following requirements:
(1)   No a la carte food item may be in the lowest rated category of foods designated by the software.
(2)   In the first school year in which the school is subject to this section, at least 20% of the a la carte food items available for sale from each of the following sources during the regular and extended school day shall be in the highest rated category of foods designated by the software. In each subsequent school year, it must reach at least 40%. Sources - School food service program, Vending machines located on school property; store operated by the school, a student association, or other school-sponsored organization.

Each a la carte food item that is not in the highest rated category of foods designated by the software must meet at least two of the following criteria: (a) at least five grams of protein, (b) at least 10% of the recommended daily value of fiber, (c) at least 10% of the recommended daily value of calcium (3) at least 10% of the RDV of iron, Vitamin A or Vitamin C. As an alternative to complying with these requirements, a public or chartered nonpublic school may comply with the most recent guidelines for competitive foods issued by the Alliance for a Healthier Generation with respect to the sale of a la carte food items.

Adequate Time to Eat
:
No state policy.

School Breakfast: ORC 3313.813 (2006) requires school breakfast in schools where at least 20 percent of students are eligible for free or reduced lunch, or where 50 percent or more of the students' parents have requested a breakfast program. ORC 3314.18 (2010) requires schools that are subject to this requirement to provide free breakfast to all those eligible for reduced price breakfast (in years that the general assembly appropriates funds for this purpose)

Food Allergies: ORC 3313.719 (2009) board of education of each school district and the governing authority of each chartered nonpublic school to establish a written policy with respect to protecting students with peanut or other food allergies.

Farm-to-School: No state policy.

Oklahoma

Last Updated: 9/17/2013

Food Services: Statute 70-5-147 (2005) states that students in elementary schools shall not have access to foods of minimal nutritional value (FMNV) except on special occasions. Middle and junior high school students shall not have access to FMNV, with the exception of diet soda with less than 10 calories per bottle, except after school, at evening events, and on special occasions. Lastly, students in high school should be provided and have access to healthy food options in addition to FMNV. Districts should provide incentives and encourage healthy food choices for high school students. The Oklahoma State Department of Education Child Nutrition Program developed a FMNV Fact Sheet to help clarify the USDA definition of FMNV.

Adequate Time to Eat: 
No state policy.

School Breakfast: No state policy. 

Food Allergies: No state policy.

Farm-to-School: Statute 2-5-60.1 to 2-5-60.4 (2006) establishes the Oklahoma Farm to School Program within the Department of Agriculture, Food and Forestry and requires the Department to employ a director to administer and monitor the program.  Support, in the form of staff, must be made available to the program from the Departments of Agriculture, Health, Education and Human Services.  The Director of the program is charged with establishing a partnership with public and nonprofit sources to implement a public engagement campaign, with conducting training, workshops and technical sessions to school food service directors and other leaders, and with encouraging school districts to develop and improve school nutrition plans using local grown farm-fresh products.  In addition, the Department of Agriculture must establish a Farm to School program website.


Oregon

Last Updated: 8/4/2014

Adequate Time to Eat: No state policy.

School Breakfast
ORS 327.535 (1991) requires school districts that provide lunch to provide breakfast if 25 percent or more of the students at the site are eligible for free or reduced price lunches, or if the school qualifies for assistance under Title I of the Elementary and Secondary Education Act of 1965.

Food Allergies: ORS 339.869 (2013) requires the State Board of Education, in consultation with the Oregon Health Authority, the Oregon State Board of Nursing and the State Board of Pharmacy to adopt guidelines for the management of students with life-threatening food allergies, which must include:

·       Standards for the education and training of school personnel to manage students with life-threatening allergies.

·       Procedures for responding to life-threatening allergic reactions.

·       A process for the development of individualized health care and allergy plans for every student with a known life-threatening allergy.

·        Protocols for preventing exposures to allergens


Farm-to-School: ORS 336.426 (2008) requires the Department of Education to establish the Farm-to-School and School Gardening Program. Specific responsibilities of the  Department: under this statute include assisting schools that participate in the USDA School Lunch and Breakfast Program in utilizing Oregon food products and produce from school gardens; providing information to districts on how farm-to-school and school garden projects may help implement wellness policies mandated by the USDA; working with the State Department of Agriculture to develop farm-to-school related programs; promoting food- and garden-based educational activities; and others.


Pennsylvania

Last Updated: 9/16/2013

Adequate Time to Eat: No state policy.

School Breakfast
: No state policy recommending or requiring school breakfast. However, schools that participate in the School Breakfast Program receive state reimbursement for each breakfast served, plus additional state reimbursement for each lunch served. The lunch reimbursement is higher for schools that serve breakfast to >20% of their enrollment.

Food Allergies: P.L. 996, No. 104 (2010) requires the Department of Education to collaborate with advisory health councils to develop guidelines for managing life-threatening food allergies in schools and publish the guidelines on the department's website. The guidelines shall address: the scope of the problem of childhood allergies and its impact on school student health; detailed policies and protocols; the systematic planning and multidisciplinary team approach needed prior to school entry by the student; school district staff's role and necessary training; responsibilities of the parent or guardian, school staff and the student's primary care provider; emergency response protocols; and the roles of specific staff members in the care of the student with a life-threatening allergic condition. The Pennsylvania Guidelines for Management of Food Allergies in Schools (2011) was developed to implement the law.

Farm-to-SchoolTitle 3 P.S. Chapter 31 (the “Healthy Farms and Healthy Schools Act”) (2006) establishes the Healthy Farms and Healthy Schools Program to be administered by the Departments of Education and Health. The purposes of the program are to educate kindergarteners and their families about the importance of choosing healthy, locally produced foods and increase awareness and availability of local agriculture. Grants are available to school districts and private schools to train teachers and other educational staff to provide nutrition and agriculture education, to increase parental and community involvement in education activities, to provide for field trips to nearby farms and to increase the ability of schools to procure locally grown foods for their program.


Rhode Island

Last Updated: 8/21/2013
check

Food Services:  The State Board of Education requires all school districts to comply with the Rhode Island Nutrition Requirements for Food Service Programs (2009) requires schools that provide the school lunch program and/or school breakfast program to abide by the guidelines in the requirements which exceed USDA standards. The requirements are as follows:

  • Whole Grains: All of the grains served that are considered as a “bread serving” (rice, bread, pasta, cereal etc.) as part of reimbursable meals & snacks will be at least 51% whole grain. This percentage increases by 10% per year until it reaches 100% whole grain by 2013/2014. Grain products must have no more than 7 grams of total sugar per ounce (grains with fruit may have more). See the approved whole grain list.
  • Fruits and Vegetables: In all menu planning options, schools must serve, at a minimum: 2 servings of fruit and/or vegetable per breakfast, 3 servings of fruit and/or vegetable per lunch, 1 serving of fruit and/or vegetable per each after school snack.
  • Fruits and Vegetables: Schools must offer at a minimum 3 different fruits in 1 week, 5 different non-fried vegetables in 1 week, 1 serving of fruit or vegetable per day will be dark green or orange. One serving of fruit or vegetable per day must be fresh or raw.
  • Juice: Schools may offer no more than one serving of 100% juice per day for breakfast and lunch and one serving of 100% juice for every 5 consecutive snacks served.
  • Sugar/Added Sugars: 100% juice or milk served as part of school lunch, school breakfast, or after school snack, may have no more than 4 grams of total sugar per ounce.
  • Sodium: May not exceed 575 mg for all components of school breakfast, 1070 mg for school lunch 1000 mg for soup served as a part of lunch, 350 mg for afterschool snack.
  • Milk: 1% or skim, non-flavored with no more than 4 grams of total sugar per ounce.
  • Cooked legumes: One or more servings of cooked legumes must be at least once per week.


Statute 16-8-10 (1956) requires all public elementary and secondary schools to make type A lunches available to student attending those schools in accordance with rules and regulations adopted by the department of elementary and secondary education. Statute 16-8-10.1 (1998) requires all public schools to make a breakfast program that meets any rules and regulations adopted by the commissioner available to students attending school.

Adequate Time to Eat: No state policy.

School Breakfast
:
Statute 16-8-10.1 (2005) requires all public schools to make a school breakfast program available to students attending the school.

Farm-to-School
: No state policy. The Rhode Island Farm to School Project at Farm Fresh RI helps school districts source locally.


Last Updated: 1/30/2013
check

Food Allergies: Statute 16-21-31 (2007) requires any school with a student that has an allergy to peanuts/tree nuts and/or food derived from peanut/tree nuts products to post a notice within the school building in a conspicuous place at every point of entry and within the cafeteria facility.  The notice must advise that there are students at the school with allergies to peanuts/tree nuts. 

Statute 16-21-32 (2007) requires the governing body of each elementary, middle or junior high school to develop a policy designed to provide a safe environment for students with peanut/tree nut allergies. When a school is aware that an enrolled student has a peanut/tree nut allergy with potentially serious health consequences, the school must implement a protocol, consistent with the governing body’s policy that provides the student with protections while he or she is attending school or participating in school-sponsored activities. The policy must include the development of an individual health care plan and an emergency health care plan for each student with a food allergy. The plans must be developed collaboratively and signed by the school nurse, the student’s health care provider, the parents/guardians of the student, and the student (if appropriate). Depending upon the nature and extent of the student’s peanut/tree nut allergy, the measures listed in the health plan may include the posting of signs at school, the prohibition of the sale of particular food items in the school, the designation of special tables in the cafeteria, the prohibition of particular food items in certain classrooms, and the complete prohibition of particular food items from a school or school grounds.


South Carolina

Last Updated: 8/4/2014

Food Services: Code 59-10-310 (2005) requires the State Board of Education to establish requirements for elementary food service meals and competitive foods based on the recommendations of the State Department of Education Task Force on Student Nutrition and Physical Activity Report, the National School Lunch Act, and the most recent Dietary Guidelines for Americans. The State Board of Education Regulation R43-168 (2006) outlines requirements for school food service meals, including provision of low-fat meal and beverage choices, provision of calorie, fat and serving size information, and provision of fruit, vegetable and whole grain selection with meals.

Code 59-10-320 (2005) requires the State Department of Education to make available to each district a coordinated school health model to address children's health issues, including nutrition services.

Code 59-10-350 (2005) requires each elementary school to provide at least 20 minutes for lunch once students have received their food. Total length for the lunch period must account for travel time to and from the cafeteria, time to go through the line, and time to bus trays.

Code 59-10-330 (2005) requires each school district, with the Coordinated School Health Advisory Council (CSHAC), to develop a school health improvement plan that addresses strategies for improving student nutrition and must be included in the district's strategic plan.

Adequate Time to Eat: Code 59-10-350 requires elementary schools to provide 20 minutes to eat their lunch once they have received their food.

School Breakfast
: Code 59-63-790 (2013) requires each school district to implement in each school a nutritional, well-balanced school breakfast program. 

Food Allergies: No state policy.

Farm-to-School: Statute 46-3-25 (2013) establishes the South Carolina Fresh on the Campus Program within the South Carolina Department of Agriculture. The purpose of the program is to foster direct relationships between South Carolina farms, schools, and other institutions and to provide schools and otherinstitutions with fresh and minimally processed foods for consumption by students. Requirements of the program are outlined in the statute.


South Dakota

Last Updated: 1/12/2013

Food Services: Statute 13-35-1 (1997) allows school districts to enter into contractual agreements with the Division of Education Services and Resources to establish school food services programs. Statute 13-35-2 (1975) allows pupils and school personnel to be charged for meals fed through a food services program.

Adequate Time to Eat: No state policy.

School BreakfastNo state policy. 

Food Allergies: No state policy.

Farm-to-School: No state policy.


Tennessee

Last Updated: 12/29/2013

 Food Services:  Code 49-6-2302 (1986) requires each school board to establish a school lunch program in every school under its jurisdiction.

The Rules of the State Board of Education, Minimum Nutritional Standards for Individual Food Items Sold or Offered for Sale to Pupils in Grades Pre-Kindergarten through Eight (Pre-K-8) 0520-1-6-.04 (2008) require the following minimum nutrition standards for individual foods items offered for sale to students in grades pre-k-8, anywhere on campus, during the school day. The standards do not apply to federally reimbursable meals, although it is strongly recommended. 

  • Beverages may only include milk (flavored or unflavored, reduced-fat, low-fat or skim/non-fat), 100% fruit and vegetable juices, (non-flavored, non-sweetened and non-carbonated) water, low-calorie beverages (flavored, sweetened and non-caffeinated) containing no additional sweeteners and no more than 15 calories/serving.
  • Food items must have 35% or less calories from fat (excluding nuts, seeds and nut butters), 10% or less calories from saturated fat, and 35% or less sugars by weight (not including fruits and vegetables).
  • Chips, cereals, crackers, French fries, baked goods, and other snack items may contain no more than 230 mg of sodium/serving; pastas, meats and soups may contain no more than 480 mg/serving.

Adequate Time to Eat: No state policy.

School Breakfast: Code 49-6-2302 (1986) requires school breakfast in K-8 schools in which 25 percent or more students participated in the free and reduced price lunch program,  based on a cumulative analysis of school lunch participation for the month of April of the preceding school year. For those schools not containing grades K-8, a breakfast program is required when 40 percent or more of students participated in the free and reduced price lunch program.

Food Allergies: Code 49-5-415 (2006) mandates the Departments of Education and Health to develop and make available guidelines for the management of students with life-threatening food allergies to each local education association (LEA). Upon issuance of the guidelines, each LEA is required to implement a plan based on the guidelines. Code 49-5-415 (2006) requires that guidelines include the following: (1) Education and training for school personnel on the management of students with life-threatening food allergies, (2) Procedures for responding to life-threatening allergic reactions to food, (3) Record  maintenance for students at risk, (4) Communication strategies for emergency medical response, (5) Strategies to reduce the risk of exposure to anaphylactic causative agents, (6) Procedures for the dissemination of information on life threatening food allergies and for accessibility of and administration of epinephrine in the absence of a school nurse, (7) Development of extracurricular programs related to anaphylaxis, (8) Creation of an individualized health plan for each student at risk and (9) Data collection. The resulting Guidelines for Life-Threatening Food Allergies in Tennessee Schools (2007) provide detailed instruction for LEAs in the development of food allergy management in the schools.

Chapter 963 of the Public Acts of 2008 amends subdivision (6) of Code § 49-6-2307 (2008) to include language that encompasses the availability of local agricultural products when establishing minimum nutritional standards for school lunch and school breakfast programs. 

Farm-to-School: Chapter 963 of the Public Acts of 2008 amends subdivision (6) Code § 49-6-2307  (2008) to include language that encompasses the availability of local agricultural products when establishing minimum nutritional standards for school lunch and school breakfast programs. 


Texas

Last Updated: 2/8/2012

Food ServicesThe Texas Public School Nutrition Policy (2010) requires that all schools participating in the federal child nutrition programs (National School Lunch Program, School Breakfast Program and After School Snack Program) must comply with the following nutrition policies. At the elementary level, schools may not provide Foods of Minimal Nutritional Value (FMNV), as defined by the USDA, or any other candy, at any time during the school day. FMNV include any carbonated beverage or soda, water ices (popsicles and others), chewing gum and certain candies. Such foods must not be sold or given away to students on school premises by school administrators or staff, students or student groups, parents or parent groups or any other person, company or organization.  At the middle school or junior high level, schools may not serve or provide access for students to FMNV and all other forms of candy until after the end of the last lunch period. At the high school level, schools may not serve or provide access to FMNV during meal periods in areas where reimbursable meals are served and/or consumed.  Access to candy not included in FMNV, however, is permitted.

Elementary, middle and high schools and other vendors may not serve items containing more than 28 grams of fat per serving size more than twice a week. By the 2006-07 school year, the goal is to reduce this to 23 grams of fat. French fries and other fried potato products may not be offered more than once per week (elementary) or three times a week (middle/junior high), may not exceed three ounces per serving, and students may only purchase one serving at a time. Baked potato products that are produced from raw potatoes and have not been pre-fried, flash-fried or deep-fat fried in any way may be served without restriction. Foods that are flash-fried by the manufacturer may be served but should be baked or heated by another method. All schools must eliminate frying as a method of on-site preparation for foods served as a part of school meals by 2009-10.  Beginning in 2006-07 school year, schools should reduce the purchase of any products containing trans fats. Schools also must abide by maximum portion sizes outlined in the Texas Public School Nutrition Policy (2010) 

At all levels (elementary, middle/junior high and high school), fruits and vegetables should be offered daily on all points of service. They should be fresh whenever possible, and when frozen or canned, packed in natural juice, water or light syrup. Schools must offer two percent, one percent and skim milk at all points where milk is served. By 2006-07, all beverages served in elementary schools should be milk, unflavored water and 100 percent fruit and/or vegetable juice. Schools serving potato chips should use reduced fat (no more than 5 grams per ounce) whenever possible.

There are various exceptions to the Texas Public School Nutrition Policy (2010) addressing issues such as school events, students with special needs, instructional use of food in the classroom, etc. 

Adequate Time to Eat: Texas Public School Nutrition Policy (2010) requires schools to provide adequate time to receive and consume meals. The minimum recommended "adequate time" after being served is 10 minutes for breakfast and 20 minutes for lunch.

School Breakfast: Code 33.901 (1995) requires school breakfast in public schools and open-enrollment charter schools in which 10 percent or more students are eligible for free or reduced price lunch.

Food Allergies: No state policy.

Farm-to-School: SB1027 (2009) establishes the interagency farm-to-school coordination task force and requires it to develop and implement a plan to facilitate the availability of locally grown food products in public schools. Some of the responsibilities the task force is charged with are as follows: (1) designing or updating nutrition or food education resources for schools, (2) expanding food-focused experiential education programs, (3) offer assistance in identifying funding sources and grants that allow schools to recover the costs associated with purchasing locally grown food, and (4) develop a database of locally grown food products, identify, design or make available training programs to enable local farmers and ranchers to market their products to schools.


Utah

Last Updated: 2/15/2010

Food Services: In R277-720 (2004) the Board administers the National School Lunch Program, School Breakfast Program, Special Milk Program, Child and Adult Care Food Program, Summer Food Service Program for Children, Food Distribution Program, Nutrition Education and Training Program, and At Risk After School Snack Program.

Adequate Time to Eat: The State Board of Education recommends that schools provide adequate time to eat to students (no link available).

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: No state policy.


Virginia

Last Updated: 11/16/2010

Food Services: 8VAC20-290-10 (1980) requires that any food items sold during lunch periods be limited to only those recognized as being components of the USDA school lunch program's reimbursable meal; the income from the sale of these items must accrue to the school lunch account.

Code 22.1-207.4 (2010) requires the Board of Education, in cooperation with the Department of Health, to develop nutritional guidelines for all competitive foods sold to students during school hours by December 1, 2011.This shall include guidelines for calorie, fat, sugar and sodium content.  The statute requires the Board to adopt either the Alliance for a Healthier Generation's Competitive Food Guidelines or the Institute of Medicine's Recommended Standards for Competitive Foods in Schools as the intitial statewide standard for competitive foods. Each local school board must adopt the standards as a part of their local wellness policy.
Code 22.1-207.3 (1994) requires each school board to establish a school breakfast program in any public school in which 25% or more of the enrolled students were approved to receive free or reduced price meals in the federally funded lunch program during the previous school year.

8VAC20-580-10 (1994) sets forth regulations for schools that are required to participate in the school breakfast program as set forth in 22.1-207.3. Schools must comply with state and federal regulations for meal preparation and service; provide a minimum of 2 hours between breakfast and lunch whenever possible; and all foods sold from 6:00am until after the last breakfast service must be of sound nutritional value and the income from the sale of these items must accrue to the school nutrition account.

Adequate Time to Eat: No state policy.

School Breakfast:
Code 22.1-207.3 (1993) requires school breakfast in public schools in which 25 percent or more students are eligible for free and reduced price lunch.

Food Allergies: No state policy.

Farm-to-School: Code 3.1-14.4 (2007) requires the Commissioner of Education to establish and maintain a farm-to-school website. The website shall facilitate and promote the purchase of Virginia farm products by schools, universities, and other educational institutions. The website shall present information including the availability of Virginia farm products, including types and amount, and the names of and contact information for farmers, farm organizations, and businesses marketing such products. 

Vermont

Last Updated: 8/8/2013

Adequate Time to Eat: No state policy.

School Breakfast:
The School Food Programs Act 22 (2003) requires school breakfast in all public schools unless the commissioner grants a waiver or the district is exempt from the requirement.

Food Allergies: 16 VSA 212 (2006) requires the Commissioners of Health and Education to annually inform superintendents and principals of appropriate practices regarding students with life-threatening allergies and chronic illnesses and to prepare and distribute policies, training materials, and school guidelines for managing students with life-threatening allergies and chronic illnesses.  16 VSA 563 (2006) requires local school boards to assign an employee to inform parents of students with life-threatening allergies and chronic illnesses of applicable provisions of Sec 504 of the Rehabilitation act and other applicable states, to inform appropriate school staff of their responsibilities and provide necessary training. Both 16 VSA 212 (2006) and 16 VSA 563 (2006) are inclusive of food allergies in the school setting.

The Department of Education has also provided guidance in Managing Life Threatening Allergic Conditions in School (2008)

Farm-to-School: Act 145 (2006) establishes a local foods grant program for the purpose of helping Vermont schools to develop relationships with local farmers and producers. Grants may be used to (1) purchase equipment, resources, and materials that will help to increase the use of local foods in the school food service programs, (2) purchase items, including local farm products, that will help teachers to use hands-on educational techniques to teach children about nutrition and farm-to-school connections, and (3) to provide professional development and technical assistance to help teachers education students about nutrition and farm-to-school connections. The Act requires the Secretary of Agriculture, Food and Markets to work to develop and implement educational opportunities for farmers to help them to increase their markets through sales to schools and other agencies. The Commissioner of Education is required to offer regional training sessions for public school food service personnel and child care resource development specialists regarding strategies for purchasing, processing, and serving locally grown foods, as well as information about nutrition, obesity prevention, coping with severe food allergies and food service operations.


Washington

Last Updated: 1/11/2010
check

Farm-to-School: RCW 15.64.060 (2008) establishes a farm-to-school program within the Department of Agriculture. It requires the Department to identify and develop policies and procedures to implement and evaluate the farm-to-school program, to assist food producers, distributors, and food brokers to market Washington grown food to schools, to assist schools in connecting with local producers, and to identify and make available existing curricula and publications to educate students on the benefits of consuming locally grown food. 


Last Updated: 8/22/2013

Food Services: WAC 392-157-125 (1994) requires school breakfasts and lunches to allow a reasonable amount of time for each child to take care of personal hygiene and enjoy a complete meal.

School Breakfast: RCW 28A.235.160 (2005) requires school districts to implement a school breakfast program in schools where 40 percent or more of the students are eligile to participate in the free or reduced price lunch program.

Food Allergies: No state policy. However, the Office of Public Instruction has published Guidelines for Care of Students with Life-Threatening Food Allergies (2008).


Wisconsin

Last Updated: 8/22/2013

Food Services: No state policy.

Adequate Time to Eat: No state policy.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: Statute 93.49 defines farm to school programs and requires the Department of Agriculture to promote farm to school programs, encourage schools to purchase food produced in the state, and provide nutritional and agricultural education, including farm visits, cooking demonstrations and composting and gardening at schools. The Department is also required to do the following: (1) identify impediments to purchasing locally produced food and seek to reduce those impediments, (2) advise and coordinate with other departments, including the department of instruction, (3) promote communication between local farmers and schools, (4) conduct training and provide technical assistance for school food personnel and management (5) promote farm to school through an education campaign, (6) provide information on its internet site concerning farm to school programs, (7) consult with the farm to school council and other interested persons.


West Virginia

Last Updated: 8/22/2013
check

Food Services: State Board Policy 4321.1 requires schools to make plain, unflavored water available throughout the school day at no charge. Cups must be available at any water dispenser for easy student access. It also requires all meals to be priced and served as a unit. Only milk, low-fat  and or 1% fat milkshakes and bottled water may be served as a la carte items at any grade level.

State Board Policy 4321.1 (2008) requires county boards of education to select one of two West Virginia Department of Education Lunch Menu Planning Options, as outlined in the policy. Under option A, meals must, over the averaged period of one week, meet the following requirements: 

  • Provide at least one-third  of students' recommended RDA for calories, protein, calcium, iron and vitamins A and C
  • Limit calories from fat to no more than 30%, saturated fat to less than 10%, and trans fat not to exceed 0.5 grams per product.
  • Limit sodium to 1100 milligrams
  • Provide at least 6 grams of naturally occurring dietary fiber
  • Offer water
  • Omit any foods or beverages containing non-nutritive, artificial sweeteners
  • Meet the Dietary Guidelines for Americans

Under option A, the policy also requires additional foods to be provided to pregnant or lactating students so that breakfast and lunch together provide the following:

  • A total of 5 oz of protein foods, of which 1 oz must be 1 oz of cheese, 1 cup of yougart or 8 oz milk
  • 3 servings from the grain group (preferably whole grains)
  • 1 1/4 cups from the fruit and vegetable group
  • 16 fluid oz from the milk group 
  • 1 cup of fruit in place of one serving of the grain group once a week is allowed.

The requirements of option B are broken down by grade level and meal component, and are outlined in Board Policy 4321.1 (2008).

Board Policy 4321.1 (2008) allows schools to provide a nutritious in-school snack through the child nutrition program. Snack items should be age appropriate to prevent choking and adjusted to meet the nutritional needs of the child based on age. Snack choices should include fruits/vegetables, whole grains and non-fat and/or 1% low-fat dairy.
 


Last Updated: 8/5/2014

Adequate Time to Eat: State Board Policy 4321.1 (2005) requires schools to provide a minimum of 10 minutes for breakfast and 20 minutes for lunch.

School Breakfast: Code 18-5-37 requires each county board of education to establish and operate a school breakfast program. Section 7.4.c of Board Policy 2510 (2008) requires districts to provide a breakfast program with balanced meals. All schools must serve meals that are nutritionally adequate.The state superintendant may grant waivers of up to two years to schools with compelling crcumstances. Board Policy 4321.1 (2008) outlines nutritional component requirements for school breakfast implementation.

Food Allergies: No state policy. However the Department of Education provides guidance in Guidelines for Allergies in the School Setting.

Farm-to-School: No state policy.


Wyoming

Last Updated: 8/30/2013

Food Services: Rule 7296 mandates that in order to receive supplemental funding, school districts must submit approval of a strategic plan for food service operations.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: No state policy, although the Wyoming Farm to School Resource Guide and the .Purchasing Resource Guide for Farm to School in Wyoming provide guidance to School Food Authorities on procurement of locally-produced products.

Print Page

Click the Print button to print only the content portion of the page. The left menu area and top header will not be printed