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Competitive Foods in School

Alaska

Last Updated: 6/16/2014

No state policy.

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


Alabama

Last Updated: 6/2/2014

The Healthy Snack Standards for Foods and Beverages at School (2005) approved by the Alabama State Board of Education prohibits the sale of foods of minimal nutritional value (FMNV) as determined by the USDA at all schools during meal times, anywhere on campus. In addition, no one on the school campus may provide access to FMNV for sale or for free, with the exception of birthday cakes and/or cupcakes which may be allowed on an infrequent basis. Schools are prohibited from selling or providing free of charge any food or meal that is in competition with the scheduled school meal. They are also required to restrict student access to concessions, extra sales, vending and fundraisers during the meal periods.

Healthy Snack Standards for Foods and Beverages at School (2005) outlines maximum portion size restrictions for all foods or beverages served or made available to students on school campuses, with the exception of school meals, which are governed by the USDA. Fried potato products (fries, tater tots, etc.) should be limited to a 3 ounce portion size. The following guidelines are required for nutrient content for single servings of snacks: (1) Low or moderate in fat (10% or less Daily Value of total fat), (2) Less than 30 grams of carbohydrate, (3) Less than 360 mg of sodium, (4) Contain 5% Daily value or more of Vitamin A, Vitamin C, iron, calcium, OR fiber.
A resolution(2007) adopted by the Alabama State Board of Education restricts the sale of beverages during the school day, with full compliance expected by the 2008-2009 school year. Under the resolution, no full-calorie sodas may be sold at any school. The restrictions are as follows:
Elementary and Middle schools:
  • Bottled water any size
  • Low-fat/non-fat/flavored milk (or milk alternative) up to 8 oz and 150 calories for elementary schools and 10 oz and 187 calories for middle schools
  • 100% juice with no added sweeteners up to 8 oz and 120 calories for elementary schools and 10 oz and 150 calories for middle schools
High Schools:
  • Bottled water any size
  • No/low calorie beverages up to 20 ounces and 25 calories
  • Low-fat, non-fat and flavored milk up to 12 ounces and 270 calories
  • 100% juice with no added sweeteners up to 12 oz and 180 calories
  • Other drinks such as light juices, sports drinks, teas, etc. up to 12 oz and 99 calories. 


Marketing
: The Healthy Snack Standards for Foods and Beverages at School (2005) requires vending machine displays in all schools to be limited to those that display water or 100% fruit juice with no added sweeteners.

 


Arkansas

Last Updated: 6/6/2014
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Code 20-7-133 (2003) requires the creation of a Child Health Advisory Committee, whose primary responsibility, according to Code 20-7-134 (2003), is to develop nutrition and physical activity standards and policy recommendations for the State Board of Education, which is then charged with implementation. The State Board of Education's Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools (2012) and Child Health Advisory Committee Recommendations for Standards to Implement through Rules & Regulations provide criteria for all foods and beverages served, sold and made available to students at elementary, middle and high school campuses.

The following requirements for reimbursable meals in all grade levels and a la carte items in middle and high schools apply:

  • No more than 23 grams of fat per serving
  • No more than 30 grams of sugar/8 ounce serving for flavored milk
  • Fruits and vegetables offered at all points of service
  • French fries are limited by portion size and frequency served/week.


The State Board of Education's Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools (2012) have the following restrictions for food and beverages:
Elementary Schools

  • No access to food or beverages sold or given away (including as a reward) outside meals at anytime, including vending, a la carte items, anywhere on school premises during school days. This includes all FMNV and competitive foods.
  • French fries may only be served once per week and must meet portion size limits
  • The Child Nutrition Program may only sell food items in the cafeteria, during meal periods that are already offered as a component of a reimbursable meal. Extra servings of desserts, French fries or ice cream are not allowed.

Middle/Junior and High Schools

  • The Child Nutrition Program may only sell food items in the cafeteria, during meal periods that are already offered as a component of a reimbursable meal.

Exceptions to the restrictions are outlined in the Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools.

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


Arizona

Last Updated: 8/22/2014

ARS 15-242 (2007) requires the Department of Education to develop nutrition standards for foods and beverages sold or served on the school grounds of elementary schools, middle schools and junior high schools during the normal school day.

 

The revised Arizona Nutrition Standards (2014) apply to all foods served or sold to students during the school day on the school campus in grades K-12.  They are aligned with USDA's Smart Snacks in Schools standards.   

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


California

Last Updated: 7/10/2014

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 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."

 

Fundraising:

According to California Code of Regulations, Title Five, Section § 15500, the governing board of a school district may approve up to four sales by student organizations in elementary schools.  Only one dessert-type food item can be sold (which is not be sold by the school food service on the same day), sales can not begin until after the end of the meal service period, and food items may not be prepared on the school campus.

According to California Code of Regulations, Title Five, Section § 15501, the governing board of a school district may approve sales by student organizations in middle/junior high and high schools, which may take place at any time during the school day, on up to four days per year.  They may not sell more than three type of food or beverages at a time, food may not be prepared on the school campus, and the items can not be those that are sold by the school food service on the same day. 

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


Colorado

Last Updated: 6/6/2014

SB12-086 (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.

SB 08-109 (2008) requires each school district board of education to adopt and implement a policy that prohibits, except as described in the Bill, the sale of beverages to students from any source, including but not limited to school cafeterias, vending machines, school stores, and fund-raising activities conducted on school campuses.  The State Board of Education's Rules for the Administration of the Healthy Beverages Policy (2008) require beginning July 1, 2009, beverages sold to students on school grounds during the regular and extended school day shall, at a minimum, meet the following nutritional standards:

Elementary level:
  *  Bottled Water
  *  Up to 8 oz servings of fat-free or low-fat milk, or USDA approved nutritionall equivalent milk alternatives
  *  Up to 8 oz servings servings of fat-free or low-fat nutritionally equivalent flavored milk up to 150 calories/8 oz
  *  Up to 8 oz servings of 100% juice with no added sweetners and up to 120 calories/8 oz

Middle school level:
  *  Bottled Water
  *  Up to 10 oz servings of fat-free or low-fat milk, or USDA approved nutritionall equivalent milk alternatives
  *  Up to 10 oz servings servings of fat-free or low-fat nutritionally equivalent flavored milk up to 150 calories/8 oz
  *  Up to 10  oz servings of 100% juice with no added sweetners and up to 120 calories/8 oz

High school level:
At least 50% of non-milk beverages must be water and no or low calorie options
*   Bottled water
*  No or low calorie beverages with up to 10 calories/8 oz (i.e., diet sodas, unsweetened diet teas, low calorie 
    sport drinks, fitness waters, flavored waters, seltzers)
*  Up to 12 oz servings of fat free or low fat milk. Milk includes nutritionally equivalent milk alternatives (per USDA)
*  Up to 12 oz servings of fat free or low fat nutritionally equivalent flavored milk up to 150 calories / 8 ounces
*  Up to 12 ounce servings of 100% juice, with no added sweeteners and up to 120 calories / 8 ounces
*  Other drinks, up to 12 ounce servings with no more than 66 calories / 8 ounces

Statute 22-32-136 (2005) also encourages local districts to establish rules for when and where competitive foods may be sold on school property.

SB12-086 (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.

State Board of Education Regulation 2202-R-203 (1998) prohibits the operation of competitive food or beverage services that is in competition with the district's food service program. Competitive food services must be closed 1/2 hour prior to and remain closed until 1/2 hour after the last regular scheduled school lunch and/or school breakfast period on the campus where school lunches and breakfasts are served. This restriction, however, may be waived for the competitive food service of mechanically-vended beverages offered to senior high school students outside of the meal service area. 

 

Fundraising Exemptions:
A June 5, 2014 memo (link not available) from Jane Brand, Director, Office of School Nutrition to School Nutrition Directors and Main Nutrition Contacts creates a policy, effective July 1, 2014, that will allow up to three exemptions per school building for school year 2014-2015. The duration of the fundraisers will be determined by the Local Educational Agencies. However, the duration must comply with the intent of the legislation to increase the consumption of healthy foods during the school day and create an environment that reinforces the development of healthy eating habits.
 


Connecticut

Last Updated: 6/2/2014

Beverages: Statute Chapter 170, Section 10-221q (2006) specifies that beverages that do not meet the requirements of state statute can never be sold from a vending machine or school store at any time, even after school hours. Approved beverages are limited to the following: 

  • Milk, flavored or unflavored with no artificial sweeteners and no more than 4 grams of sugar per ounce.
  • Nondairy milk such as soy or rice milk, which may be flavored but contain no artificial sweeteners, no more than 4 grams of sugar per fluid ounce, no more than 35 percent of calories from fat and no more than 10 percent of calories from saturated fat;
  • 100% fruit, vegetable or combination juice, with no added sugars, sweeteners or artificial sweeteners;
  • Beverages containing only water and fruit or vegetable juice, having 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 or artificial sweeteners or caffeine; and
  • Portion sizes, excluding water as described above, may not exceed 12 ounces.
  • Beverages that do not meet the requirement of state statute can only be sold to students on school premises if the local board of education votes to permit them and the following conditions are met: 1) the sale is in connection with an event occurring after the end of the regular school day or on the weekend; 2) the sale is at the location of the event; and 3) the beverages are not sold from a vending machine or school store. Schools are permitted to sell beverages that are not allowed by Chapter 170, Section 10-221q to teachers and other school staff members, as long as they are not accessible to students (e.g., a soda machine in teachers' lounge or coffee sold only to adults in the cafeteria). However, the Connecticut State Department of Education encourages districts to consider this issue in relation to the promotion of staff wellness practices.

 

Food: 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

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.

 

Fundraising:

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. In accordance with Statute Chapter 169, Section 10-215f, if a school district chooses to certify for the healthy food option (abiding by the Connecticut Nutrition Standards and receiving additional funding), all food offered for sale to students at all times, in all schools and from all sources (including, but not limited to school stores, vending machines, school cafeterias and any fundraising activities on school premises) must meet the Standards. This includes a la carte items in the cafeteria, fundraisers, snacks provided for a fee to students, food items offered for sale from an in-school culinary arts program, and foods provided for special occasions (e.g., end-of-the-year parties) if a fee is collected to cover the cost of food.

 

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. It also indicates that district policies and procedures should assist all administrators and staff with eliminating practices that are counterproductive to students’ health and learning or that contradict positive health messages, such as food rewards, taking away recess as punishment and selling unhealthy foods and beverages to raise funds. The SDE position statement also states that districts should use healthy eating goals and science-based nutrition standards, such as the Connecticut Nutrition Standards, to determine which foods and beverages are allowed for sale or distribution on school premises (e.g., cafeteria a la carte sales, vending machines, school stores, fundraisers, classroom parties, sporting events and other activities).

 

For all districts participating in USDA’s National School Lunch Program, School Breakfast Program, After-School Snack Program or Special Milk Program, Section 10-215b-1 (1992) of the Regulations of Connecticut State Agencies prohibits the sale of tea, coffee, soft drinks and candy from thirty minutes before the start of any state or federally subsidized milk or food service program until thirty minutes after such program. If the district implements healthy food certification, the sale of candy is prohibited at all times. Section 10-215b-23 (1992) of the Regulations of Connecticut State Agencies specifies that the income from the sale to students of food and beverages anywhere on the school premises during this timeframe must accrue to the school food authority for the benefit of the school food service programs.

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers will meet the standards outlined above, with no exemptions allowed.

 


District of Columbia

Last Updated: 6/2/2014
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Marketing: Section 206 of the Healthy Students Act of 2010 prohibits food and beverages that do not meet the USDA’s Healthier US Schools Challenge program at the Gold Level for competitive foods from being advertised or marketed through posters, signs, book covers, scoreboards, supplies, equipment, or other means in public schools or public charter schools. After first issuing a warning, the Office of the State Superintendent of Education may impose a penalty on public schools and public charter schools that violate the requirements, not to exceed $500 per day, paid to the Healthy Schools Fund, subject to the right to a hearing requested within 10 days after notice or imposition of the penalty is sent.
 

Fundraising:

Section 206 of the Healthy Students Act of 2010 requires that all beverages and snack foods provided by or sold in public schools and public charter school or provided by organizations participating in the Afterschool Meal Program, whether through vending machines, fundraisers, snacks, after-school meals, school stores, or other means, meet the requirements of the USDA’s Healthier US Schools Challenge program at the Gold Level for competitive foods. Exceptions to this include: food and drinks available only to faculty and staff members, provided that school employees shall be encouraged to model healthy eating, food provided at no cost by parents, food sold or provided at official after-school events and adult education programs. The Office of the State Superintendent of Education may adopt standards that exceed these requirements.

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers will meet the standards outlined above, with no exemptions allowed.


Delaware

Last Updated: 6/2/2014

Statute Title 14, Sec 4136 (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.

Administrative Code 14:852 requires, foods sold in addition to meals be selected to promote healthful eating habits and exclude those foods of minimal nutritional value."

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


Florida

Last Updated: 7/31/2013

Department of Agriculture Administrative Rule 5P-1.003 (2000) requires each district school board to control the sale of food and beverage items in competition with the district approved food service program, including those classified as “foods of minimal nutritional value,” listed in Code of Federal Regulations 210, Appendix B.  These items may be sold in secondary schools only, with the approval of the school board, one (1) hour following the close of the last lunch period. A school board may allow the sale of carbonated to students in high schools by a school activity or organization authorized by the principal at all times if a beverage of one hundred (100) percent fruit juice is sold at each location where carbonated beverages are sold. However, carbonated beverages may not be sold where breakfast or lunch is being served or eaten. Non-carbonated beverages, including one hundred (100) percent fruit juice, may be sold at all times during the day at any location. Consideration should be given to allowing only the sale of nutritious food and beverage items which meet at least USDA dietary guidelines for Americans.


Georgia

Last Updated: 9/19/2014

State Board of Education Rule 160-5-6-.01 (2011) requires each local board of education to ensure participation by all schools in a state-approved nutrition program and provide a policy prohibiting the sale of food of minimal nutritional value, as described in Federal Rule. The policy must prohibit the sale of foods of minimal nutritional value (FMNV) in elementary schools from the beginning of the school day until the last lunch period when students are scheduled to return to class.  For all other schools, FMNV must be prohibited in the dining, serving and kitchen areas during mealtime.

 

Fundraising Exemptions:

Per guidance outlined on the Georgia Department of Education website, "The Georgia State Board of Education approved 30 exempted fundraisers per school per school year not to exceed 3 days in length. However, there are time and place restrictions. Exempted fundraisers cannot operate anywhere on the school campus 30 minutes before until 30 minutes after the end of breakfast and lunch meal services. Exempted fundraisers cannot be in vending machines, school stores, snack bars or a la carte sales. Fundraisers occurring in these venues must meet the Smart Snacks standards."  The Georgia Department of Education will also consider applications for exempted fundraisers that exceed this limit on a case-by-case basis.


Hawaii

Last Updated: 6/16/2014

The following rules for all competitive foods and beverages on campus are compiled from the following sources: State Board of Education Policy 6810 (2007), HRS 302A-1146, the Hawaii Wellness guidelines (2006), and the Hawaii School Nutrition Standards.

Competitive Foods Vending Rules:
o    No public schools may operate stores or sell merchandise except for school lunches, milk, ice cream, candy, and products made or grown at the school, without permission from the DOE.
o    Competitive foods allowed for sale in elementary and secondary schools is limited to approved cafeteria supplementary items, and food prepared by culinary arts classes as part of their educational program.
o    Sale of competitive foods is not permitted during the school day except for principal-approved all-school events.

Competitive Foods Nutrition Rules:
o    All foods sold to students must comply with current USDA Dietary Guidelines
o    Nutrition information must be readily available near the point of purchase.
o    The following items are NOT to be sold anywhere on school property:
       § FMNVs as defined by the USDA
       § All foods listing sugar in any form as the first ingredient (such as candy)
       § Foods containing trans fats
o    All snack items sold or served on school property, including items from a la carte lines and fundraisers, provided in classrooms, or served in the reimbursable After School Snack Program must meet the following standards. Standards do not apply to fresh fruits and vegetables, nuts and seeds.
       § NO more than 8g total fat per serving (except nuts and seeds)
       § NO more than 2g saturated fat per serving
       § NO more than 200 calories
       § Zero grams of trans fat
       § NO more than 200 mg sodium
       § NO more than 8g sugar
       § Preferably at least 2g dietary fiber (not required)

Competitive Beverages:
o    Beverage selections in vending machines available to students shall only contain healthy beverages as approved by the Dept of Ed and must comply with current USDA Dietary Guidelines.
o    Sale of approved beverages via vending machines allowed throughout the day EXCEPT during meal serving periods when only water may be sold.
o    Approved Beverages for All Students:
§ Water without flavoring, additives or carbonation
§ 100% fruit juice
§ Low-fat and nonfat milk:
·         Lactose-free and soy beverages are included
·         Flavored milk with no more than 22g of total sugar per 8 oz portion
§ Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances
o    Approved Beverages for Secondary Students After School:
§ All of the above beverages, plus:
§ Non-caffeinated, non-fortified beverages with less than 5 cal per portion as packaged (with or without nutritive sweeteners, carbonation, or flavoring)
§ Sports drinks are not available in the school setting except when provided by the school for student athletes participating in sport programs involving vigorous activity of more than one hour’s duration.

Competitive Beverages Nutrition Rules:
o    All beverages sold to students must comply with current USDA Dietary Guidelines
o    Nutrition information must be readily available near the point of purchase.
o    The following items are NOT to be sold anywhere on school property:
       § Beverages defined as FMNVs by the USDA
       § All beverages listing sugar in any form as the first ingredient
       § Beverages containing trans fats
o    All beverage items sold or served on school property, including items from a la carte lines and fundraisers, provided in classrooms, or served in the reimbursable After School Snack Program must meet the following standards:
        § NO more than 8g total fat per serving
        § NO more than 2g saturated fat per serving
        § All beverages, except for water and 1% or less fat milk, may not exceed 12 oz.
        § Products containing 2% milk fat or more may not exceed 8 oz
        § Limit sugar
 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.

 


Iowa

Last Updated: 6/4/2014

State Board of Education Rule 281 IAC 58.9-11 (2009)  restricts the sale of a la carte, vending and regulated fundraising as follows:

  • Food and beverages listed as a part of a NSLP reimbursable meal may be sold in the same portion size and frequency a la carte without having to meet the Healthy Kids Act Nutritional Content Standards. Items not offered as part of a reimbursable meal must meet all standards listed below.
  • Calories for entrees may not exceed 400 
  • Calories for sides may not exceed 200 calories
  • Sodium for entrees may not exceed 600 mg (480 mg by 2014)
  • Sodium for sides may not exceed 400 mg (200 mg by 2014)
  • Saturated fat may not exceed 10% (excluding reduced fat cheese)
  • Trans fat may not exceed 0.5 gm/serving
  • Total fat may not exceed 35% calories (excluding nuts, seeds, nut butters and reduced fat cheese)
  • Sugar may not exceed 35% calories (excluding fruits and yogurts)
  • 50% of grains offered must be whole grain


Beverages in a la carte, vending and regulated fundraising are restricted to the following:
 

  • Milk - low fat/nonfat regular, low fat/nonfat flavored with no nonnutritive sweeteners, <27 gm sugar/8 oz (2014), <24 gm sugar/8oz (2017), <22 gm sugar/8 oz (2020)
  • 100% Fruit/Vegetable Juice with no added sweeteners
  • Water with no added nonutritive sweeteners
  • No sports drinks or flavored water for elementary students during the school day
  • No caffeinated beverages for elementary students during the school day, with the exception of beverages that contain trace amounts of naturally occurring caffeine-related substances (e.g., chocolate milk).
  • No sodas or carbonated beverages are to be made available to any students during the school day.

The model Wellness Policy (2010), put forth by the Iowa Association of School Boards recommends district wellness policies to include school food nutrition requirements and guidelines for all foods available on campus.

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


Idaho

Last Updated: 6/24/2014

The Department of Education adopted New Nutrition Standards for Idaho Schools (2009) and strongly encourages (does not require) each School Food Authority (SFA) to adopt the standards. The standards include limiting all a la carte foods to conform with the New Nutrition Standards.

 

Fundraising Exemptions:

The Idaho Smart Snacks in School Policy allows 10 exempted fundraisers per year, per school site.  Each fundraiser must not be longer than four consecutive days.  School districts will be able to request approval for additional fundraisers from the state department of education.


Illinois

Last Updated: 7/11/2014

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. 
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    Fundraising Exemptions:

    Emergency Rule 305 (School Food Service)  allows, during the 2014-2015 school year, no more than 9 exempted fundraising days for schools with grades 8 and below, and no more than 36 exempted fundraising days for schools with grades 9-12.  During the 2015-2016 school year, schools with grades 8 and below may have no more than 4 exempted fundraising days, and schools with grades 9-12 may have no more than 18 exempted fundraising days.  During the 2016-2017 school year, exempted fundraising days are prohibited in schools with grades 8 and below, and schools with grades 9-12 may have no more than 9 exempted fundraising days.

     

    There are no limits on the number of foods and beverages that may be sold, nor on the number of organizations or clubs to which a school may grant permission to fundraise on an exempted fundraising day.  Schools must adopt policies, contained within their local wellness policy, that state the procedure to be used to request an exempted fundraising day and the process and criteria to review and approve or deny a request.  Schools must also maintain a list for no less than three years of the exempted fundraising days held. 


    Indiana

    Last Updated: 6/2/2014

     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.

     

    Fundraising Exemptions:

    A March 18, 2014 memo from Indiana Superindent of Instruction, Glenda Ritz, to School Administrators creates a policy, in effect July 1, 2104, that allows two exemptions per school building, per school year, for fundraisers involving the sale of foods and/or beverages not meeting the nutrition standards for Smart Snacks and occurring during the school day. The maximum duration of an exempted fundraiser is one day.  Distribution of order forms and foods not intended for consumption at school are not affected by this policy.  There are no limits to fundraisers that meet the nutrition standards and any nonfood/beverage items.


    Kansas

    Last Updated: 6/9/2014

    The Kansas State Board of Education  requires  all accredited K-12 schools in Kansas to implement the Exemplary level of the School Wellness Model Policy Guidelines (2010) for foods and beverages sold in vending machines. According to these guidelines, foods of minimal nutritional value (FMNV) cannot be sold on school property in areas accessible to students in elementary and middle schools until after the end of the school day and in secondary schools until one hour after the last lunch period. The Exemplary guidelines for vended foods and beverages are as follows:

     Exemplary Level Food Standards:
    A la carte: (items sold by food service program other than SBP and NSLP meals)     
    § Allowed Portion Sizes:
    ·         Limited to the same portion size of any food item served that day in the NSLP or SBP
    § Allowed Foods:
    ·         Fruits and/or vegetables
    ·         Low-fat and/or nonfat yogurt
    ·         Other items- All items offered must meet all of the following guidelines per serving:

    o    Fat: 35% total calories max or less than 4g per 100 cal (except for nuts, seeds, nut butters)
    o    Sugar: 35% total weight max or less than 9g per 100 cal (except for fruit without added sugar)
    o    Calories: 200 calories max per selling unit
    o    Vending Machines and School Stores:

    § FMNVs cannot be sold on school property in areas accessible to students
    ·         In elementary and middle schools
    ·         In secondary schools until after the end of the school day
    § Allowed Foods:
    ·         All items offered must meet the following guidelines per selling unit:

    o    Fat: 35% total calories max or less than 4g per 100 cal (except for nuts, seeds, nut butters)
    o    Sugar: 35% total weight max or less than 9g per 100 cal (except for fruit without added sugar)
    o    Calories: 200 calories max per selling unit
    o    During the School Day: (all classroom activities, fundraisers, intramural events)

    § Students are encouraged to have individual water bottles in the classroom
    § Food and beverages for classroom parties, celebrations, and rewards will meet the same guidelines as Exemplary level for a la carte foods and will not be provided until at least one hour after the end of the last lunch period.
    § At least 75% of fundraising activities will not involve the sale of food or beverages.
    § Refreshments provided for students participating in school events adhere to the Exemplary guidelines for vended foods and beverages.
    § Parents, teachers, and organizations are informed about the guidelines and encouraged to follow them.

    o    After School:
    § “Snack” means two or more items that are served as a unit. On all days of the week, snacks meet the following standards:
    ·         Fat: 35% total calories max or less than 4g per 100 cal (except for nuts, seeds, nut butters)
    ·         Sugar: 35% total weight max or less than 9g per 100 cal (except for fruit without added sugar)

     

    Fundraising Exemption:

    A May 14, 2014 memo from Cheryl Johnson, Director, Child Nutrition & Wellness to authorized representatives of School Nutrition Programs creates a policy, in effect July 1, 2014, that allows one exempt fundraiser per school organization per semester that does not meet the Nutrition Standards for All Foods Sold in School during the school day (midnight before to 30 minutes after the end of the school day) on school grounds will be allowed. An organization is defined as a school group that is approved by the local board of education. Length of the organization’s exempt fundraiser cannot exceed 2 days.


    Kentucky

    Last Updated: 6/2/2014

    KRS 158.854 (2005) specifies that vending machines, school stores, canteens, or fundraisers that sell beverages to students, teachers or groups may sell only “school-day-approved beverages" including water, 100% fruit juice, low-fat milk and any beverage that contains no more than 10 grams of sugar per serving. 

    KRS 158.850 (2005) limits access to retail fast foods in the cafeteria to no more than one day each week. Under KRS 158.854(3) (2005), no school may sell competitive foods or beverages from the time of arrival of the first student at the school building until thirty minutes after the last lunch period. “Competitive food" is any food or beverage item sold in competition with the National School Lunch and School Breakfast Programs, but does not include any food or beverage sold a la carte in the cafeteria.

    KRS 158.854(1) (2005) requires the Kentucky Board of Education to promulgate an administrative regulation to specify the minimal nutritional standards for all foods and beverages that are sold outside of the National School Breakfast and School Lunch Programs.

    Beverages: 702 KAR 6:090 (Section 1) (2006) restricts the sale of beverages beginning thirty minutes after the last lunch period until the end of the last instructional period.  Beverages offered for sale, whether through vending machines, school stores, canteen or fundraisers on school property must be: (1) flavored or unflavored 1% or less milk, (2) flavored or unflavored, non-caloric, non-carbonated water, (3) 100% fruit or vegetable juice, (4) any beverage which does not contain more than 10 grams of sugar per serving (with the exception of fruit juice), (5) 17 ounces or less (excluding flavored, non-caloric or non-carbonated water) for elementary school and 20 ounces or less for middle and high school. 

    Food: 702 KAR 6:090 During the period beginning thirty (30) minutes after the last lunch period until the end of the last instructional period, a food item offered for sale through a vending machine, school store, canteen, or fundraiser on school property shall meet the following requirements: 

    ·         Calories from fat shall not exceed thirty (30) percent, excluding reduced fat (two (2) percent milk-fat or less), cheese, nuts, seeds, and nut butters.
    ·         Calories from saturated fat shall not exceed ten (10) percent.
    ·         Calories from sugar shall not exceed thirty-two (32) percent by weight.
    ·         The grams of sugar shall not exceed fourteen (14) grams. This limit shall not apply to fresh, frozen, canned or dried fruits and vegetables.
    ·         Chips, cereals, crackers, baked goods, and other snack items shall not contain more than 300 milligrams of sodium per serving.
    ·         Pastas, meats, and soups shall not contain more than 450 milligrams of sodium per serving.
    ·         Pizza, sandwiches, and main dishes shall not contain more than 600 milligrams of sodium per serving.
    ·         The portion or pack size is limited to the following:        
    o   2 oz for chips, crackers, popcorn, cereal, trail mix, nuts, seeds, or jerky
    o   1 oz for cookies
    o   2 oz for cereal bars, granola bars, pastries, muffins, doughnuts, bagels or other bakery-type items
    o   8 oz for non-frozen yogurt
    o   4 oz for frozen dessert items, including low-fat or fat free ice cream, frozen juice bars, or frozen real fruit items
     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.

     


    Louisiana

    Last Updated: 9/5/2013

    RS 17:197.1 (2009) restricts the sale of beverages and foods that can be sold on school grounds that are not part of the school food program beginning one half-hour before school begins and ending one-half hour after the school day ends to the following: (1) beverages (except milk and water) may not exceed 16 ounces, (2) 100% fruit or vegetable juice with no added sweeteners, (3) unsweetened flavored drinking water or unflavored drinking water, and (4) low-fat milk, skim milk, flavored milk and non-dairy milk.  At the high school level, beginning the last ten minutes of the lunch period (except for beverages sold as part of the reimbursable lunch), beverages are limited to (1) bottled water, (2) no calorie or low-calorie beverages containing no more than 10 calories per 8 oz, (3) up to 12 oz of servings of beverages that contain 100% fruit juice with no added sweeteners and up to 120 calories per 8 oz.

    RS 17:197.1 (2009) states that except for items sold as part of the school food program, food items which meet any of the following criteria may not be sold to students at public elementary and secondary schools or on the grounds of public elementary and secondary schools at any time during a period beginning half an hour before the start of the school day and ending half an hour after the end of the school day:

    (a)  Food of minimal nutritional value
    (b)  Snacks or desserts that exceed 150 calories per serving, have more than 35% of their calories from fat, or have more than thirty grams of sugar per serving, except for unsweetened or uncoated seeds or nuts.

    At the high school level, beginning the last ten minutes of each lunch period and except for food items sold as part of the school food program, the selection of food items offered for sale to students must be comprised of no more than fifty percent of the food items which meet any of the criteria stated above.

    Except for items sold as part of the school food program, fresh pastries may not be sold to students at public elementary and secondary schools or on the grounds of public elementary and secondary schools at any time during a period beginning one-half hour before the start of the school day and ending one-half hour after the end of the school day.

    737 of Bulletin 1196 (2003) only allows extra items to be sold to those who have received a complete meal and must occur when the meal is received and must meet the regulations for Child Nutrition Programs. The code further prohibits a la carte meal service. Extra sale items must meet component requirements as defined by the Child Nutrition Programs or must be an item offered on the menu that day. Exceptions to this rule (foods that may be sold as extras) include: milkshakes, frozen yogurt, yogurt, ice cream, and ice milk. Full-strength juice, milk and bottled water (unflavored with no additives) may be sold at any time during the day to students and adults whether or not they have purchased a meal. 753 encourages School Food Authorities to develop a policy that prohibits adults and students from taking carbonated beverages into the cafeteria during meal service.

    741  of Bulletin 1196 (2003) threatens to withhold reimbursement for lunch, special milk and/or breakfast from schools if concessions, canteens, snack bars, or vending machines are operated for profit before the end of the last lunch period for grades K-6. Similarly, reimbursements will be withheld if competitive foods are sold before the last 10 minutes of each lunch period for grades 7-12. This includes all lunch periods including those schools with multiple lunch periods. School districts are required to establish local rules or regulations necessary to control the sale of foods in competition with meals served under the National School Lunch and Breakfast Programs.

    Massachusetts

    Last Updated: 8/19/2013
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    HB4459 (2010) requires the Department of Public Health to develop regulations for all competitive foods and beverages sold on school grounds up to 30 minutes before the beginning of the school day or 30 minutes after the end of the school day. In the case of vending machines, however, the regulations apply at all times. The regulations may make reasonable exceptions for booster sales, fundraising and concession stands during the school day. The Department of Public Health must conduct a review of the regulations every 5 years and report the findings to the legislature. The report must include: (1) An assessment of success in implementing the regulations, (2) Challenges and barriers experienced in implementation (3) Changes in revenue received from reimbursable school meals and competitive food sales, (4) Changes in student participation in school meals, (5) recommendations for improvement of guidelines.

    As a result of HB4459 (2010), the Public Health Council issued  Nutrition Standards for Competitive Foods and Beverages in Public Schools. The standards are as follows:

    The standards define competitive foods are defined as those foods and beverages provided (1) school cafeterias, offered as a la carte items, (2) school buildings, including classrooms and hallways; (3) school stores; (4) school snack bars; (5) vending machines; (6) concession stands; (7) booster sales; (8) fundraising activities; (9) school-sponsored or school-related events; and (10) any other location on school property.  The competitive food standards do not apply to competitive foods and beverages sold on school grounds up to 30 minutes before the beginning or 30 minutes after the end of the school day. This exception does not apply to vending machines, however, which must comply at all times. The standards also require that all public schools make plain potable water readily available to all students during the day at no cost to the students and offer fresh fruit and non-fried vegetables for sale at any location where food is sold (except non-refrigerated vending machines and those dispensing only beverages. Schools may not use fryolators in the preparation of competitive foods and are required to make nutrition information available for students for non-prepackaged competitive foods and beverages (excluding fresh fruits or vegetables and foods or beverages sold during the school day at booster sales, concession stands and other school-sponsored  or school-related fundraisers and events).

    Beverages

    • Juice: 100% fruit or vegetable juice with no added sugar, no more than 4 oz
    • Milk and Milk Substitutes:  Fat free or low-fat (1% or less), no more than 8 oz and 22 grams of sugar per 8 oz
    • Water: No added sugars, sweeteners or artificial sweeteners, but may contain natural flavorings and/or carbonation
    • Beverages with added sugar or sweeteners:  Any beverages with added sugar or sweeteners not already prohibited in section 225.200 will be phased out by August 1, 2013; provided, however, that a public school may provide or sell flavored milk or milk substitutes that contain the same amount or less sugar than plain fat-free or low-fat milk.   
    • Other Beverages:  No beverages other than juice, milk, milk substitutes and water may be sold or provided. 

    Food

    • Calories: May not exceed 200 calories/item (except a la carte entrées, which may not exceed NSLP entrée items 
    • Fat: No more than 35% of total calories, except as provided in 105 CMR 225.200
    • Saturated Fat:  No more than 10% of total calories, except as provided in 105 CMR 225.2
    • Exceptions to fat and saturated fat include up to 1 ounce of nuts, nut butters, seeds, or reduced fat cheese.
    • Trans Fat: Must be trans-fat free.
    • Sugar: No more than 35% of total calories from total sugars. Exceptions include  non-fat or low-fat yogurt, including drinkable yogurt, with a a maximum of 30 grams of total sugars per 8 ounces and  100% fruit with no added sugar.
    • Sodium: No more than 200 mg per item. Exceptions include a la carte entrees (480 mg sodium limit)
    • Grains: All bread and other grain-based products must be whole grain
    • Artificial sweeteners: No food or beverage may contain an artificial sweetener.
    • Caffeine: No food or beverage may contain more than trace amounts of caffeine.

    Maryland

    Last Updated: 6/2/2014

    Code 7-423 requires vending machines in public schools to have and use a timing device to automatically prohibit or allow access to vending machines in accordance with the nutrition policies established by the respective county school board.

    Department of Education Management and Operations Memorandum (MOM) 012 (2005) limits the sale of beverages at all schools during the school day to the following:  water, non-carbonated, flavored water with less than 20 calories per serving, unflavored milk or soy milk (no more than 30gms/serving of sugar per 8 ounce serving), 100% fruit/vegetable juice (not to exceed 12 ounces), fruit/vegetable juice beverages with at least 10% juice and 100% vitamin C (not to exceed 12 ounces), isotonic beverages (not to exceed 16 ounces).

    Department of Education Management and Operations Memorandum (MOM) 012 (2005) prohibits the sale of Foods of Minimal Nutritional Value (FMNV) as defined in Appendix A of the memorandum, from 12:01 am until the end of the last lunch period for all schools.

    Department of Education Management and Operations Memorandum (MOM) 012 (2005) recommends that all other food" (including pre-packaged snacks) served in elementary and middle schools outside of the Child Nutrition Program should be offered only in single-serving portions.  The unit sold, regardless of the number of portions in the package, should contain:

    • No more than 9 grams of total fat, excluding seeds and nuts
    • No more than 2 grams of saturated fat
    • No more than 15 grams of sugar, excluding dried fruit with no added sugar.

     

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.

     


    Maine

    Last Updated: 6/9/2014

    Education Rule Chapter 51 (2006) bans the sale of foods of minimal nutritional value as defined by federal regulation 7 CFR 210.11 on school property 24 hours a day, seven days a week with exceptions under local school board policy for public events and sales to school staff. This policy effectively eliminates all sodas, candy, gum and many high calorie snack sales in vending machines and school stores.

    Education Rule Chapter 51 establishes that any food or beverage sold at any time on school premises for schools participating in the National School Lunch or School Breakfast programs must be a planned part of the total food service program of the school. These food and beverages shall only include items that contribute to the nutritional needs of children and develop desirable food habits and eliminates foods of minimal nutritional value. Revenue from all food and beverage sales on school premises shall be accrued to the benefit of the schools' non-profit school food service program with the exception of the local board's approval of a school or student organization to benefit from the sales. This includes foods and beverages sold at community events, school stores, and in vending machines.

    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.

    Marketing: Sec. 1. 20-A MRSA 6662, sub-3 (2007) prohibits advertising, in school buildings or on school grounds, of foods and beverages other than healthy foods and beverages that meet the state standards.

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.

     


    Michigan

    Last Updated: 6/2/2014

    The State Board of Education and the Department of  Education recommend the following standards for foods and beverages Served Outside the USDA Child Nutrition Programs at Elementary, Middle and High Schools in their Recommendations for all Foods and Beverages Available in Michigan Schools (2010). Standards apply to a la carte and vending. In addition, if classroom parties include food and/or beverages, at least half of the items offered should meet the standards. Fundraising activities should meet the standards, and fundraisers selling foods and/or beverages cannot be held less than 30 minutes before the firstlunch period stards, or less than 30 minutes after the final lunch period ends.

    Beverage Standards:

    • Water - without flavoring, additives, carbonation or added sugar
    • Juice - 100% juice or 100% juice/water blends, with no added sugar (up to 10 oz portion)
    • Milk - Low-fat (1%) or fat-free milk (flavored or unflavored) and lactose-free and soy beverages.
    • Sports drinks - Should not be available in the school setting. Coaches may determine whether sports drinks are made available to student athletes under allowable conditions to maintain hydration. Beverages such as water, low-fat or fat-free milk, and/or 100% juice should be considered
    • Other beverages - Not allowed at the elementary and middle school level. At the high school level, schools may choose to serve caffeinated, fortified, or flavored beverages with less than 5 calories per serving as packaged, up to 20 oz, or 100% juice or 100% juice/water blends wtih carbonation, up to 12 oz.


    Competitive Food Standards
    :

    Entrees:
    Any entree that is on the daily menu as a part of a reimbursable meal may be served/sold outside of a reimbursable meal in single serving and on that same day only. Calores must be 500 or less, saturated fat less than 6 grams/serving and less than 600 mg/serving of sodium.

    Other Foods:

    • Fruits, vegetables, whole grains, and related combination products and low-fat and fat-free dairy as packaged.
    • 200 calories or less, 35% or less total calories from fat, 10% or less total calories from saturated fat, trans fat free (less than or equal to .5 gm per serving), sugar may not exceed 35% or less total weight, no more than 230 mg sodium as packaged.
    • Schools may choose to serve nuts, seeds and reduced-fat cheese in 1 oz portions (exempt from fat and saturated fat standards). Low-fat yougurt can contain no more than 30 grams of total sugars per 8 oz portion.

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    Minnesota

    Last Updated: 6/5/2014

    The Healthy Kids Bill (2010) establishes the Healthy Kids Award program to reward K-12 schools that implement policies and practices that create opportunities for students to be physically active and make healthy food choices throughout the school day. The program also seeks to integrate nutrition education and healthy food and beverage choices throughout the school environment, including classrooms, cafeteria, vending, school stores, and fund-raising.The program requirements align with the Institute of Medicine's guidelines for school food and beverages.

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.  According to the Smart Snacks page MN Department of Education's School Nutrition Programs website, local education agencies may request approval for a case-by-case exemption from Smart Snack fundraising standards. The department is in the process of developing a “special circumstances” fundraiser exemption for use in limited situations.  


    Missouri

    Last Updated: 6/6/2014

    The Missouri Eat Smart Guidelines (2008) were developed to guide development of local wellness policies and include suggested nutrition standards for schools meals, a la carte items, vending/school stores, other foods available at school, and before- and after-school programs at three different levels: “Intermediate,” “Advanced,” and “Exemplary.”

     

    Fundraising Exemptions:

    An April 22, 2014 webinar states that they are creating a policy that will allow five exempt, one day, fundraisers annually, per school building.


    Mississippi

    Last Updated: 6/2/2014

    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. Outside of meal periods, as of the 2008-09 school year, only the following beverage options may be sold through vending, student stores, snack bars and other fundraising programs:

    Beverage Vending and Nutrition Regulations

    These regulations apply to all MS school campuses during the regular and extended school day (7am-4pm).  Extended day includes activities such as clubs, yearbook, student government, and childcare/latchkey programs. These regulations do NOT apply to school related events where parents and other adults constitute a significant portion of the audience or are selling beverages as boosters (i.e., interscholastic sporting events, plays, etc…)

    Allowed Beverages in Elementary School
    :

            § WATER: Bottled
    § MILK: Low-fat and nonfat regular and flavored milk, includes nutritionally equivalent milk alternatives such as soymilk
         ·  Up to 160 calories per 8 oz/Max 8 oz serving
    § JUICE: 100% juice with no added sweeteners that contains at least 10% of the recommended DC for three or more vitamins and minerals
           · Up to 120 calories per 8 oz/Max 8 oz


    Allowed Beverages in Middle School
    :
    ·  Same as elementary school, except juice and milk may be sold in 10 oz servings maximum
    ·  *If middle and high school students have shared access to areas on a common campus or in common buildings, then the school community has the option to adopt the high school standard.

    Allowed Beverages in High School
    :
    § *At least 50% of beverages must be water and no or low calorie options
    § WATER: Bottled
    § MILK: Low-fat and nonfat regular and flavored milk, includes nutritionally equivalent milk alternatives such as soymilk
              · Up to 160 calories per 8 oz
              ·  Max 12 oz serving
    § JUICE: 100% juice with no added sweeteners that contains at least 10% of the recommended DC for three or more vitamins and minerals

                       · Up to 120 calories per 8 oz
               · Max 12 oz
    § NO/LOW CAL BEVERAGES:
               · Up to 10 calories per 8 oz serving
    § LIGHT JUICES AND SPORTS DRINKS:
                · NO more than 66 calories per 8 oz serving/Max 12 oz 

    Snack Vending and Nutrition Regulations
    These regulations apply to all MS school campuses during the school day (7am-4pm). They cover all foods sold through vending machines, student stores, snack bars, fundraisers, and other sales available to students.  Restrictions also apply to at least 50% of the items vended in staff areas that are inaccessible to students.  Competitive food vending is available at schools at the discretion of the school district. These regulations do NOT apply to school related events where parents and other adults constitute a significant portion of the audience or are selling beverages as boosters (i.e., interscholastic sporting events, plays, etc…)

    COMPETITIVE FOOD RESTRICTIONS: Competitive foods may not be sold:
    § On the school campus for one hour before the start of any meal services period
    § The school food service staff shall serve only those foods which are components of the approved federal meal patterns being served (or milk products) and such additional foods as necessary to meet the caloric requirements of the age group being served.

    With the exception of milk products, a student may purchase individual components of the meal only if the full meal unit also is being purchased. Students who bring their lunch from home may purchase milk products.

    Competitive foods following the regulations may be sold to students grades 7-12.  Vending to K-6 students may be appropriate in districts were school lunches are sold early in the day (10:30-11:00am), and competitive foods may be sold to K-6 students at the discretion of the school district. School districts shall update the wellness policy to address limiting the number of extra sale items that may be purchased with a reimbursable meal excluding extra beverage purchases of milk, juice and/or water). Schools may sell extra items in individual packages not to exceed 200 calories and in portions not to exceed the menu portion serving size.

    REGULATIONS FOR SNACKS, BARS, AND DESSERT ITEMS:
    Category includes: chips, crackers, popcorn, cereal; trail mix, nuts, seeds, nut butters; jerky; cookies, animal/graham crackers and cereal bars; granola bars; baker items (e.g., pastries, muffins, soft pretzels); frozen desserts such as ice cream; cheese, yogurt; smoothies (made with low-fat yogurt or dairy alternative and/or fruit/juice)

    Nutrition Criteria per package 
    (based on manufacturer’s data or labels):

    Key Nutrients
    :At least 5% recommended DV for three or more nutrients (fiber; vitamins A, C, D, E; thiamin, niacin, riboflavin, calcium, iron, and zinc).  At least 3g protein per package may be substituted for one of the listed nutrients.

    Total Calories
    : Max 200 calories per package

    Fat:
    No more than 35% total calories from fat and 7g maximum (except nuts, seeds, nut butters, and cheeses).

    Saturated Fat and Trans Fat:
    No more than 10% calories from saturated fat and/or trans fat and 2g max (except nuts, seeds, nut butters, and cheeses)

    Added Sugar:
    No more than 35% added sugar by weight and 15g maximum (excludes sugars naturally occurring in fruits, vegetables, and dairy).
    o    For appropriate smoothies, yogurt, and pudding, no more than 5g total sugar (added and naturally occurring) per oz.
    Schools are encouraged to offer foods that:
    Have at least 10% of the recommended DV of one or more of the key nutrients listed above
    ·         Have at least 5g protein
    ·         List a whole grain as the first item on the ingredient listREGULATIONS FOR FRUITS AND

    VEGETABLES:
    Quality fruits and vegetables (‘quality’ meaning fruits and vegetables prepared and packaged without added sugar, fat, or sodium) must be available anywhere snack items are sold.

    Nutrition Criteria per package (based on manufacturer’s data or labels)
    :

    Key Nutrients
    :At least 5% recommended DV for three or more nutrients (fiber; vitamins A, C, D, E; thiamin, niacin, riboflavin, calcium, iron, and zinc).  Schools are encouraged to offer foods with at least 10% DV for one or more of these nutrients.

    Total Calories
    : Max 200 calories per package 

    Fat:
    No more than 35% total calories from fat and 7g maximum

    Saturated Fat and Trans Fat:
    No more than 10% calories from saturated fat and/or trans fat and 2g max

    Added Sugar:
    No more than 35% added sugar by weight and 15g maximum (excludes sugars naturally occurring in fruits and vegetables).

     

    Fundraising Exemptions:

    The regulations outlined above apply to all fundraising sales on all school campuses during the school day (7am-4pm), with no exemptions allowed.


    Montana

    Last Updated: 6/16/2014

    No state policy.

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    North Carolina

    Last Updated: 6/3/2014
    Statute 115C-264.2 mandates the following vending machine standards:  (1) Soft drinks are not to be sold (a) during breakfast or lunch periods, (b) at elementary schools or (c) contrary to the requirements of the National School Lunch Program; (2) Sugared carbonated soft drinks, including mid-calorie carbonated soft drinks, are not offered for sale in middle schools; (3) Not more than fifty percent (50%) of the offerings for sale to students in high schools are sugared carbonated soft drinks; (4) Diet carbonated soft drinks are not considered in the same category as sugared carbonated soft drinks; and (5) Bottled water products are available in every school that has beverage vending.  Each school may, with the approval of the local board of education, sell beverages to students in vending machines during the school day so long as all of these prerequisites are met.
     
    Statute 115C-264.2 stipulates that snack vending in all schools must meet the Proficient Level of the NC Eat Smart Nutrition Standards by.  Proficient level standards include eliminating the availability of snack vending to elementary students, and ensuring that seventy-five percent (75%) of snack vending products at the middle and high school levels do not exceed 200 calories per portion or snack vending package.
     
    16 NCAC 06H .0104 requires all competitive food sales to be exercised on a non-profit basis. The State Board of Education Nutrition Standards for Elementary Schools (2006) requires a la carte items 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.

    Statute 115C-264.2 stipulates that snack vending in all schools must meet the Proficient Level of the NC Eat Smart Nutrition Standards.

     

    Fundraising Exemption:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    North Dakota

    Last Updated: 8/25/2014

    Fundraising Exemptions:

    According to the North Dakota Department of Public Instruction's Child Nutrition website, they will allow three exempt fundraiseres with a one-day duration, per school year, per school building. 


    Nebraska

    Last Updated: 8/19/2013

    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.
     


    New Hampshire

    Last Updated: 6/24/2014

    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).

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    New Jersey

    Last Updated: 8/19/2013
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    N.J.S.A. 18A: 33-16 (2007) prohibits the following items from being served, sold or given away anywhere on school property at any time before the end of the school day, including items served in the reimbursable After School Snack Program: (1) Foods of minimal nutritional value (FMNV) as defined as the USDA, (2) All food and beverage items listing sugar, in any form, as the first ingredient, (3) All forms of candy as defined by the New Jersey Department of Agriculture. Schools are required to reduce the purchase of any products containing trans fats beginning September 1, 2007.  In addition, by September 2007, all snack and beverage items, sold or served anywhere on school property during the school day (including items in a la carte lines, vending machines, snack bars, school stores, fundraisers and After School Snack Program) must meet the following standards:

    • No more than 8 grams of fat/serving (excluding nuts and seeds) and 2 grams of saturated fat/serving.
    • Beverages not to exceed a 12-ounce portion size (other than 2% or less milk or water), with whole milk not exceeding 8 ounces
    • Beverages in elementary schools limited to milk, water or 100% fruit or vegetable juices
    • In middle and high schools, at least 60% of beverages offered (other than milk or water) must be 100% fruit or vegetable juice
    • In middle and high schools, no more than 40% of all ice cream and frozen deserts shall be allowed to exceed sugar, fat and saturated fat standards.

    The following exemptions to the policy apply:  (1) Foods and beverages served during special school celebrations or curriculum-related activities, with the exception of FMNV, (2) Medically authorized special needs diets, (3) School nurses using FMNV during the course of providing health care to individual students (4) Special needs students with IEPs that indicate a particular diet.

     


    New Mexico

    Last Updated: 8/19/2013
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     6.12.5 NMAC (2006) sets standards for competitive beverages and foods sold to students through vending machines, a la carte sales and fundraisers.  In elementary schools, beverages may not be sold through vending machines until after the last lunch period and may only include 2% or less milk or soy milk and water.  Vending machines at elementary schools may not sell carbonated beverages or food.  Middle schools are limited to the same beverage restrictions, with the addition of 100% fruit juice (no added sweeteners, less than 20 ounces and less than 125 calories/container).  Middle school vending machines may sell nuts, seeds, cheese, yogurt and fruit at all times, and other foods (with nutritional specifications outlined) after the lunch period.  High schools may sell the same beverages as elementary and middle schools, with the addition of fruit juice (at least 50%, not exceeding 20 ounces).  After the lunch period, vending machines may sell sugar-free and caffeine free carbonated drinks, non-carbonated flavored water with no added sweeteners and sports drinks.

    6.12.5 NMAC sets standards for competitive beverages and foods sold in a la carte sales and fundraisers.  In the area of a la carte sales, all schools follow regulations follow the same beverage restrictions for vending machines, with the exception of carbonated beverages, sport drinks and flavored water (which are not permitted).  A la carte food items may only be sold during the lunch period, and are restricted as follows:  (1) no more than 400 calories/container/package/amount served, (2) no more than 16 grams of fat/container/package/amount served, with a maximum of 2 grams of saturated fat and trans fat combined and (2) no more than 30 grams of sugar per serving/amount served.  These restrictions do not apply to nuts, seeds, cheese and yogurt.

    In the area of fundraisers, two sets of restrictions apply, those during school hours and those outside of school hours.  During school hours, beverages and food products may be sold at any time except the lunch period as long as they abide by the following restrictions.  In elementary schools, food products may not be sold as fundraisers.  Beverages are limited to 2% or less milk, soy milk or water (no carbonated beverages).  In middle and high schools, food and beverage items for fundraisers are subject to the same restrictions as those in vending machines (see above).  Outside of school hours, at least 50% of the choices/offerings for the fundraiser must meet high school vending standards. 


    Nevada

    Last Updated: 6/16/2014

    The Statewide School Wellness Policy (2005) adopted by the State Board of Education requires the following nutrition guidelines for all foods made available to elementary, middle/junior high and high school students, whether given away, earned, or sold, on the school campus during the school day. 

    • No Foods of Minimal Nutritional Value (FMNV) including any carbonated beverages, water ices, chewing gum and certain candies.
    • Fat limited to 30% of calories (not including nuts, seeds, fluid milk products containing 2% or less fat, and cheese or yougurt made from reduced-fat, low-fat or fat-free milk).
    • Saturated fat limited to 10% of calories.
    • Sodium: no more than 600mg/serving.
    • Sugars: no more than 35% by weight (not including sugars from fruit and vegetables when used as additives).
    • Electrolyte replacement beverages are not allowed in elementary schools and may not exceed 12 ounces for middle/junior and high schools.
    • Snacks and beverages must meet portion size limits outlined in the Statewide School Wellness Policy (2005).
    Each local educational agency may establish a policy that allows exemptions for food that exceed the established nutrition parameters in observance of state or national holidays, established religious observances, school community observances such as birthday parties, as part of a learning experience related to the reinforcement of established lesson plans in the classroom.

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    New York

    Last Updated: 6/2/2014

    Education Law 915 (2006) prohibits the sale of sweetened soda water, chewing gum, candies of various sorts, water ices (except for those that contain fruit or fruit juices) in public schools from the beginning of the school day until the end of the last scheduled meal period.

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    Ohio

    Last Updated: 8/20/2013

    Vending Machines/School Stores: 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.


    Oklahoma

    Last Updated: 9/17/2013

    Statute 70-5-147 states that students in elementary schools may have access to diet soda with less than 10 calories per bottle, except after school, at evening events, and on special occasions.


    Oregon

    Last Updated: 6/19/2014
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     HB 2650 (2007) restricts food and beverages sold in a school at all times during the regular or extended school day when the activities in the school are primarily under the control of the school district board.  This includes, but is not limited to, the time before or after classes are in session and the time when the school is being used for activities such as clubs, practice, student government or rehearsal.  The standards became applicable during the 2008-09 school year, with the exception of entrée and snack items (2009-10 school year).  Standards do not apply to food and beverage items sold as part of the USDA's National School Lunch or School Breakfast Program.

    The following restrictions apply to any entrée item that is sold individually:

    ·         No more than 4 grams of fat per 100 calories

    ·         No more than 450 total calories

     

    The following restrictions apply to any snack item defined as supplementing a meal, such as chips, crackers, onion rings, nachos, French fries, doughnuts, cookies, etc.):

    ·         No more than 35% of the total calories from fat (not applicable to legumes, nuts, nut butters, seeds, eggs, non-fried vegetables and cheese).

    ·         No more than 10% of total calories from fat (not applicable to nuts, eggs and cheese)

    ·         No more than 35% sugar by weight (not applicable to fruit and vegetables

    ·         No more than .5 grams of trans fat per serving

    ·         No more than 150 total calories if sold in a school in which the highest grade level in the school is grad 5 or less, 180 total calories in which the highest grade level is 6-8, and 200 total calories if which the highest grade level is 9-12.

     
    Beverages sold in a school are limited to the following:

    ·         Water

    ·         Fruit or vegetable juice (no more than 8 oz for up to grade 5, 10 oz for grades 6-8, and 12 oz for grades 9-12) that is 100% juice with no added sweetners and contains no more than 120 calories per eight ounces.

    ·         Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than 8 oz for up to grade 5 (10 oz for grades 6-8 and 12 oz for grades 9-12) is fat free or low fat and, if flavored, contains no more than 150 calories per 8 ounces.

    ·         No calorie or low-calorie beverages containing no more than 10 calories per 8 ounces (grades 9-12 only)

    ·         A beverage that is not more than 12 oz and contains no more than 66 calories per 8 ounces (grades 9-12 only)

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    Pennsylvania

    Last Updated: 8/1/2014

    P.L. 30, No. 40 (HB 185) (2005) states that a governing board of a school district cannot enter into or renew an exclusive advertising or vending contract for carbonated beverages, or non-nutritious beverages and foods (defined below) UNLESS the governing board holds a public hearing to ensure public funds are secure and to allow public comment. “Non-nutritious beverages and foods” are defined as:

    Non-nutritious foods:

    Foods that are not sold as part of the school breakfast or lunch program as a full meal and meet any of the following standards:

    * More than 35% total calories from fat

    * More than 10% total calories from saturated fat

    * More than 35% total weight from sugar

    * Non-nutritious beverages:

    Any beverage that is NOT one of the following:

    * Drinking water

    * Milk (includes flavored and nutritionally equivalent non-dairy alternatives)

    * 100% fruit juice with no added sweeteners

    *  Fruit-based drinks that are composed of at least 50% fruit juice with no added sweeteners

    *  An electrolyte replacement beverage that contains 42g or less of added sweetener per 20 oz

    “Added sweetener” includes any additive that enhances the sweetness of a beverage, including but not limited to, added sugar, but not including the natural sugar or sugars that are contained within any fruit juice that is a component of the beverage 

    The Nutrition Standards for Competitive Foods in Pennsylvania Schools provide voluntary guidelines for schools.  These previously were associated with an incentive program for additional reimbursement, which is no longer active. The standards address foods and beverages available a la carte, in school stores, in vending machines, through fundraisers, during classroom parties/celebrations, and also address topics including use of foods as rewards, foods from home, food in faculty lounges, and vegetarian options for students

    Nutrition standards for meals and a la carte foods/snacks served along with reimbursable meals:

    Foods of Minimal Nutritional Value may not be available anytime during the school day. No on-site deep fat fried foods will be sold a la carte, even if they are reimbursable meal components. This does not include stir-fried or sauteed foods. Pre-fried and flash-fried foods may not be offered a la carte more than three times per week.

    Standards for la carte foods:

    • A minimum of 3 fruits and 3 vegetables will be offered daily (at least 1 of each being fresh/raw). A variety of fruits and vegetables will be offered from day to day.
    • At least 50% of grains offered will be whole grains.
    Additional standards for foods offered a la carte that are not reimbursable meal components:
    • Must be packaged in single serving sizes
    • Less than 250 calories per serving
    • A minimum of 75% of the items must contain <35% or less of calories from total fat (excluding nuts, seeds, nut butters, and reduced fat cheeses), <10% of calories from saturated fat (excluding reduced fat cheeses), <35% sugar by weight (excluding naturally occurring sugars and low fat yogurts), not contain sugar as the first ingredient and provide minimal to no trans fatty acids.
    At least 75% of beverages must be:
    • Plain water
    • Flavored water with no sugars or artificial sweeteners (any size)
    • Flavored water with artificial sweeteners (17 oz or less in middle or high school only). Artificially sweetened water may not make up more than 25% of water and juice selections
    • 100% fruit and/or vegetable juice (8 oz or less for elementary, 12 oz or less for middle/high school)
    • Carbonated beverages with 70-100% pure juice with no added ingredients except water.
    • Milk (flavored or unflavored). At least 75% of milk offered must be 2% fat or less, 8 oz or less in elementary, 12 oz or less in middle/high school, no more than 30 grams sugar per 8 oz), with no artificial sweeteners.
    • The other 25% or less beverages cannot exceed 150 calories or 35 grams sugar per package.

     

    Fundraising Exemptions:

    A June 30, 2014 memo (link not available) from Carolyn C. Dumaresq, Ed.D., Acting Secretary of Education to Superintendents, Chief Administrators, Business Managers, School Nutrition Program Directors of Schools Participating in the School Nutrition Programs creates a policy, effective July 1, 2014, that will allow up to five exempted fundraisers in elementary and middle schools per year, and up to ten in high schools.  Each fundraiser may not exceed one school week.  Each Local Education Agency will need to establish a process for ensuring the number of exempt fundraisers does not exceed the maximum of five in each elementary and middle school building, and ten in each high school building.


    Rhode Island

    Last Updated: 8/20/2013

    Statutes 16-21-7 (1956, as amended in 2006 and 2007) and 16-21-29 (2006) require all elementary, middle, junior, and senior high schools to sell or distribute only healthier beverages and snacks. Healthier beverages are defined as: (1) Water, including carbonated water, flavored or sweetened with 100% fruit juice and containing no added sweetener; (2) Two percent fat milk, one percent fat milk, nonfat milk, and dairy alternatives, such as fortified soy beverages, plain or flavored, with a sugar content of not more than four grams per ounce; (3) 100% fruit juice or fruit based drinks that are composed of no less than 50% fruit juice and have no added sweetener; and (4) Vegetable-based drinks that are composed of no less than 50% vegetable juice and have no added sweetener. Healthier snacks are defined as: (1) Individually sold portions of nuts, nut butters, seeds, eggs and cheese packaged for individual sale, fruit, vegetables that have not been deep fried and legumes; (2) Individually sold portions of low-fat yogurt with not more than four grams of total carbohydrates per ounce and reduced fat or low fat cheese packaged for individual sale; and (3) Individually sold enriched or fortified grain or grain products or whole grain foods that contain no more than 30% calories from fat, no more than 10% total calories from saturated fat, and no more than seven grams of total sugar per ounce.

    Statute 16-21-7 (2007) requires all elementary, middle and junior high schools that sell or distribute beverages and snacks on their premises, including those sold through vending machines, to offer healthier beverages and snacks as defined in Statute 16-21-29 (2006). See the Approved Product List for Vending Machines and A La Carte Foods.


    South Carolina

    Last Updated: 6/4/2014

    Code 59-10-330 requires each school board of trustees to establish health and nutrition policies for its elementary schools aimed at limiting vending sales and sales of food and beverages with minimal nutritional value at any time during the school day except in the case of medical emergency and special occasions celebrated during school hours. This policy does not restrict the food a parent or guardian may provide his child's consumption at school. Code 59-10-340 (2005) mandates that each CSHAC determine which snacks may be sold in vending machines in elementary schools. 

    State Board of Education Regulation R43-168 (2006) established the following nutrition standards for foods and beverages sold outside of school meals for grades K-5. 

    • Low-fat, fat-free and 2% milk, water and 100% juices that do not contain added sweeteners must be available to all students.
    • Sodas, soft drinks, sport drinks, punches, iced teas and coffees and fruit-based drinks that contain less than 100% fruit juice or that contain added sweeteners may not be sold during the school day.
    • Only water, non-fat, low-fat or reduced-fat milk may be sold in portions larger than 12 ounces.
    • Snacks, sweets and side dishes (excluding seeds, nuts, and some cheese) may have no more than 30% calories from fat, less than 10% calories from saturated fat, no more than ~1% calories from trans fat, and no more than 35% added sugars by weight.
    • Not sell or serve the following beverages to students until after the last regularly scheduled class: 
      soda, soft drinks, sports drinks, punches, iced teas and coffees, and fruit-based drinks that contain less
      than 100 percent real fruit juice or that contain added sweeteners.

    Code 59-10-380 (2005) states that there is no limitation or prohibition on the sale or distribution of any food or beverage item through fundraisers by the students, teachers, or groups when the items are intended for sale off the school campus."

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    South Dakota

    Last Updated: 7/31/2014

    No state policy.

     

    Fundraising Exemptions:

    According to the SD Policy on Exempt Fundraisers (no date available), school-sponsored groups can each have one, day-long, exempt fundraiser per year during the school day on the school campus. Non school-sponsored groups cannot have fundraisers involving unallowable foods during the school day.  Exempt fundraisers cannot be given to another group. If an organized group chooses not to have an exempt fundraiser, another group cannot use that day.  Food cannot be ordered for delivery during the school day as a fundraiser, unless that is the school-sponsored group’s exempt fundraiser. This would include any food ordered at any time and delivered to the student(s) during the school day.  Additionally, data will be collected and analyzed at the end of ’14-15 school year on how the rule affected the fundraising of the school groups. A determination will then be made as to whether the exempt fundraising policy should be changed.


    Tennessee

    Last Updated: 7/31/2014

    Code 49-6-2307 (2004) directs the state board of education to establish minimum nutritional standards for individual food items sold or offered for sale to pupils in  pre-K –grade 8 through vending machines or other sources, including school nutrition programs.  The rules must include minimum nutritional standards and nutritionally sound portion sizes for individual food items sold or offered for sale and standards governing the time, place and circumstances of sales.  Any penalties assessed against a school nutrition program for violation of the rules committed by a noncompliant vendor, individual or entity must be reimbursed to the school by the noncompliant vendor. State Board of Education Rule 0520-1-6-.04 ( Minimum Nutritional Standards for Individual Items Sold or Offered for Sale to Pupils in Grades Pre-K-8, 2008) outlines these standards and requires each local board of education to implement a district policy that, at a minimum, ensures compliance with the standards and designates a person responsible for oversight.  The standards are outlined below.

    Standards and Implementations:

    o    The below nutrition standards apply to foods and beverages sold or offered for sale during the school day (including but not limited to school store items, fundraising items, a al carte items, vending machine items, and snack bar items) in schools that include students in grades Pre-K- 8. 

    o    Standards do NOT apply to foods served as a federally reimbursable meal to pupils.  However, it is strongly recommended that schools bring the meals to these standards.

     

            Allowed Beverages:

    o    Serving Size:  Except for non-flavored, non-carbonated, non-caffeinated water, one serving of beverage may NOT exceed 8 fl oz.

    o    WATER

    § Must be non-flavored, non-sweetened, and non-carbonated

    o    MILK

    § May be flavored or unflavored

    § Must have 2% milk fat or less

    § Must meet state and local standards for pasteurized fluid milk

    § USDA approved alternative dairy beverages are also permitted

    o    JUICE

    § 100% fruit and/or vegetable juice

    o    LOW-CAL BEVERAGES

    § Only flavored, non-carbonated beverages with no additional caloric sweeteners and less than 15 calories per serving are allowed

    § Includes flavored, sweetened, and non-caffeinated water

     

             Food Nutrition Standards:

    o    Fat: Maximum 35% total calories from fat (excluding nuts, seeds, and nut butters).

    § This is determined by dividing the calories from total fat by the total calories and multiplying by 100.  If calories from fat are not available, multiply the grams of fat by 9 to equal calories from fat.

    o    Saturated Fat: Maximum 10% total calories from fat

    § This is determined by dividing the calories from saturated fat by the total calories and multiplying by 100.  If calories from saturated fat are not available, multiply the grams of saturated fat by 9 to equal calories from fat.

    o    Sugar: Maximum 35% sugar by weight (excludes fruits and vegetables as below)

    § This is determined by dividing the grams of sugar by the gram weight of the product and multiplying by 100.  This includes both naturally occurring and added sugars.

    o    Sodium:

    § Chips, cereals, crackers, French fries, baked goods, and other snack items may contain no more than 230 mg of sodium per serving

    § Pastas, meats, and soups may contain no more than 480mg of sodium per serving

    § Pizza, sandwiches, and main dishes may contain no more than 600mg sodium per serving.

           
     Allowable Fruits and Non-Fried Vegetables:

    o    The fruits and vegetables that may be sold individually may be fresh, frozen, canned or dried, and they must be found in the Food Buying Guide for Child Nutrition Program (http://schoolmeals.nal.usda.gov/FBG/2003FBG/%20Section%202.pdf)

    § Such fruits and vegetables are exempt from sugar and portion-size limits.

    o    Examples of products that can NOT be sold as a fruit or vegetable:

    § Snack-type foods made from vegetables or fruits, such as potato chips and banana chips

    § Pickle relish, jam, and jelly

    § Tomato catsup and chili sauce.

     

             Maximum Portion Sizes for Foods:

    o    1.25 oz maximum portion size for chips, crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruit, or jerky

    o    1 oz maximum portion size for cookie

    o    2 oz maximum portion size for cereal and granola bars, pastries, muffins, doughnuts, bagels, and other bakery items.

    o    4 fl oz maximum portion size for frozen desserts, including but not limited to low-fat or fat-free ice cream

    o    1 oz maximum portion size pure cheese that is low fat or fat free containing 3.5g or less of fat

    o    8 oz maximum portion size for non-frozen yogurt

    o    * The portion size of a la carte entrees and side dishes, including potatoes, shall not be greater than the size of comparable portions offered as part of school meals.

     

    o    ** Individual food items that are part of a day’s reimbursable school lunch or part of the reimbursable school breakfast program may be sold on that day for that meal as an a la carte item.  All other school a la carte items are not to exceed the State Board of Education’s standards for foods sold individually. 

     

    Fundraising Exemptions:

    At its July 25, 2014 meeting, the Tennessee State Board adopted changes to State Board of Education Rule 0520-1-6-.04 that will allow exempted fundraisers to take place no more than 30 days per school year, per school site.  The principal of the school will ensure that this limit is not exceeded.


    Texas

    Last Updated: 6/4/2014

    Education Code 28.004 (2003) requires school districts to make available for inspection a statement of whether local policies were adopted that ensure compliance with agency vending machine and food service guidelines and restricting student access to vending machines.

    The Texas Public School Nutrition Policy (2010) states that by 2005-06 school year, no more than 30 percent of the beverages made available through vending machines on high school campuses should be sugared, carbonated soft drinks. Sugared, carbonated containers should be limited to no more than 12 ounces. Contracts and contract renewals after March 3, 2004 must expressly prohibit the sale of sugared, carbonated beverages in containers larger than 12 ounces.                                                

    The Texas Public School Nutrition Policy (2010) prohibits elementary schools from serving competitive foods (or provide access to them through direct or indirect sales) to students anywhere on school premises throughout the school day until the end of the last scheduled class. Competitive foods are defined as items sold in vending machines, in school stores, or through school fundraisers by parents, administrators or other groups or organizations. This does not pertain to food made available by the school food service department. Elementary schools may allow one nutritious snack per day under the teacher's supervision. The snack may be in the morning or afternoon, but may not be at the same time as regular meal periods. The snack may be provided by a teacher, parent, school food service or other group and should be at no cost to the student. The snack must comply with the sugar and fat limits of the Texas Public School Nutrition Policy (2010) and may not contain any FMNV or dessert types (cookies, cakes, cupcakes, pudding, ice cream or frozen desserts). 

    Middle or junior high schools may not serve competitive foods (or provide access to them through direct or indirect sales) to students anywhere on school premises during meal periods. This does not include food items made available by the school food service department. The competitive foods included in this policy do not include FMNVs, which are not allowed until after the last lunch period.

    High schools may not serve or provide access to competitive foods during meal periods in areas where reimbursable meals are served and/or consumed. This does not pertain to food items made available by the school food service department. All competitive foods sold or provided to students must meet the nutrition standards of the Texas Public School Nutrition Policy (2010).

    Carbonated beverages are not allowed to be provided to students any time, anywhere until after the end of the last scheduled class.

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    Utah

    Last Updated: 8/22/2013

    State Board of Education Rule R277-719-3 (2008) requires each school district and charter school to develop and implement a policy for schools that chose to provide vending machines. The policy must include (1) a requirement that all agreements for vending machines be in writing in a contract form approved by the local board of education or charter school governing board, (2) accepts uses of vending machine income, and (3) generally accepted accounting procedures.

    State Board of Education Rule R277-719-4 (2008) requires each school district and charter school to adopt a written policy for the sale of all foods that are not part of the reimbursable lunch, breakfast or after-school snack programs (i.e., vending, a la carte or other food sales). The policy applies to all foods sold anywhere on school grounds during the school day when school is in session in all areas of the school accessible to students. The policy may prohibit the sale of foods of minimal nutritional value and limit all foods to no more than 300 calories per unit. In addition, it may prohibit food based on the following criteria:

    • More than 35% total fat (not including nuts, seeds, non-fat and low-fat dairy)
    • More than 10% of total calories come from saturated fat (not including nuts, seeds, non-fat and low-fat dairy);
    • Presence of trans fats
    • Listing caffeine" as an ingredient
    • More than 35% of the product is sugar by weight (not including 100% fruit or vegetable juice with no added sugars, fruits, vegetables, nonfat or low-fat milk or yogurt
    • Sodium content greater than 200mg per portion (not including 100% fruit or vegetable juice; fruits; vegetables, nonfat or low-fat milk, yogurt or cheese).
    • Limit beverage size to no more than 20 ounces.

    Virginia

    Last Updated: 6/4/2014

    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.

     

    Fundraising:
    8VAC20-290-10 and 8VAC20-580-10 (State Board of Education) (1994) prohibit the sale of food items, during the lunch period and from 6:00am through the end of the last breakfast service, for the profit of any entity other than the school nutrition program.

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    Vermont

    Last Updated: 6/19/2014

    The Nutrition Guidelines for Competitive Food and Beverage Sales in Schools (2008), as required by Act 203 Section 16 (2008) outlines requirements for foods sold outside of reimbursable school meals. The requirements are listed below:

    Beverages:

    • Bottled water
    • 100% fruit or vegetable juice 6 oz elementary, 10 oz middle school, 12 oz high school
    • Low or non-fat white or flavored milk 8oz elementary, 10 oz middle school, 12 oz high school
    • Drinkable yougart up to 8 oz/150 calories per 8 oz for elementary school, 10 oz/150 calories per 8 oz for middle school, 12 oz/200 calories per 8 oz
    Foods:
    • Regular and reduced fat cheese, portion size no larger than 1.5 oz
    • Fat may not exceed 35% of total calories, with 10% or less saturated fat or equal to or less than 1 gram of saturated fat, 0 grams of trans fat. Exception for nuts, nut butters and seeds
    • Sugar limited to 35% by weight and no more than 30 grams/8 oz portion, with the exception of fruits
    • No more than 230 mg of sodium with the exception of low fat and fat free dairy products and vegetables with sauce or soups (less than 480 mg).
    • Calories for vegetables with sauce and soups - 100 calories for 1 nutrient, 150 for 2
    • Calories for snacks - 150 for elementary school, 180 for middle school, 200 for high school

     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    Washington

    Last Updated: 6/18/2014

    RCW 28A.210.360 requires each district board of directors to adopt a policy on access to nutritious foods and developmentally appropriate exercise by August 1, 2005, based on the model policy developed by the Washington state school directors association. This model policy includes addressing the nutrition of foods sold in competition with the federal school breakfast and lunch programs.

    RCW 28A.210.365 (2007) states that its a goal of Washington state to ensure that by 2010, "only healthy food and beverages provided by schools during school hours or for school-sponsored activities shall be available on school campuses."  Minimum standards for available food and beverages, except food served as part of a USDA meal program, are:

         (a) Not more than 35% percent of its total calories from fat (excluding nuts, nut butters, seeds, eggs, fresh or dried fruits, vegetables that have not been deep-fried, legumes, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products)
         (b) Not more than 10% of total calories form saturated fat (excluding eggs, reduced-fat cheese, partt-skim cheese, nonfat dairy products, or low-fat dairy products.
         (c) Not more than 35% percent of its total weight or 15 grams per food item shall be composed of sugar, including naturally occurring and added sugar (does not apply to the availability of fresh or dried fruits and vegetables that have not been deep-fried); and
         (d) The standards for food and beverages in this subsection do not apply to low-fat and nonfat flavored milk with up to thirty grams of sugar per serving, nonfat or low-fat rice or soy beverages, or 100% fruit or vegetable juice.

     

    Fundraising Exemptions:

    Per an April 2014 memo from the Office of the Superintendent of Public Instruction to local education agencies, all fundraisers must meet USDA's Smart Snacks standards.


    Wisconsin

    Last Updated: 6/20/2014

    Statute 118.12(4) (2001) allows any person to sell or promote the sale of foods or services on school district property provided that no district employee receives personal benefit that is of any value from the sale. Upon the board entering into a contract with one vendor that gives the exclusive right to sell soft drinks in one or more schools of the district, the contract may not prohibit the sale of milk in any school. The board must further ensure that milk is available to the maximum extent possible.

     

    Fundraising Exemptions:

    Per a May 28, 2014 email from the Wisconsin Department of Public Instruction (link not available) to school district administrators, they will allow two fundraiser exemptions per student organization, per school year.


    West Virginia

    Last Updated: 6/2/2014
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    State Board Policy 4321.1 (2008) prohibits offering food or beverages as an award or using them as a means of punishment or disciplinary action for any student during the school day. 

    State Board Policy 4321.1 (2008) encourages county boards of education to minimize marketing of other foods and beverages in the high school setting by locating their distribution in low student traffic areas and by ensuring that the exterior of vending machines does not depict commercial logos of products or suggest that the consumption of vended items conveys a health or social benefit. 

    Board Policy 4321.1 (2008) requires all other food and beverages (outside of the school meal program) to meet the following requirements.

    • No more than 200 calories per product/package
    • No more than 35% of total calories from fat, excluding nuts and cheese
    • 10% or less of the calories from saturated fat 
    • 0.5 grams or less of trans fat per product/package
    • No more than 200 milligrams of sodium per product/package
    • Limit fruit/vegetable portion sizes to no more than 4 oz fper product/package or elementary and 8 oz for middle/high school students

    Board Policy 4321.1 (2008) reccommends that only water, 100% fruit and/or vegetable juice and non-fat  and/or low-fat milk, flavored or unflavored, be sold, served or distributed during the school day. However, Code 18-2-6a (no date available) permits the sale of other juice beverages with a minimum of 20% real juice. Board Policy 4321.1 (2008) also prohibits the following: (1) the sale and/or distribution of coffee and coffee-based products during the school day, (2) the sale, service or distribution of products containing non-nutritive or artificial sweeteners, and (3) caffeine containing beverages with the exception of those containing naturally occurring caffeine substances.

    Code 18-2-6a (no date available) requires that soft drinks may not be sold during the school day in areas accessible to students in elementary, middle or junior high school through vending machines, in school stores, school canteens or through fundraisers. In elementary, middle school or junior high school, only healthy beverages may be sold at the aforementioned points of service. This does not restrict fund-raising activities off school groups. High schools which permit the sale of soft drinks through vending machines must ensure that 50% of the beverages offered for sale are healthy beverages" and that the machines are located near the vending machines containing soft drinks. Healthy beverages" are defined as water, 100% fruit and vegetable juice, low-fat milk and other juice beverages with a minimum of 20% juice. Board Policy 4321.1 (2008) reccommends that only water, 100% fruit and/or vegetable juice and non-fat and/or low-fat milk, flavored or unflavored, be sold, served or distributed during the school day at all levels.

    Board Policy 4321.1 (2008) prohibits candy, soft drinks, chewing gum, or flavored ice bars to be sold or served during the school day, except where county boards permit the sale of soft drinks in high schools, per Code 18-2-6a (no date available), but not during breakfast or lunch periods. The policy prohibits the selling of food outside the school nutrition programs in elementary schools from the time the first child arrives until 20 minutes after the last lunch period. Soft drinks may be sold in high schools during the school day provided that equal access to water and 100% fruit or vegetable juice is given. Reduced or low fat milk must also be offered wherever and whenever drinks are sold.
     

    Fundraising Exemptions:

    As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.


    Wyoming

    Last Updated: 6/20/2014

    No state policy.

     

    Fundraising Exemptions:

    Their All Foods Sold in Schools policy (link not available), states that, effective July 1, 2014, schools may hold up to five fundraisers that don't meet the Smart Snacks standards.  These fundraisers can each last up to two weeks (10 school days).  The Wyoming Department of Education will create a form for schools to use to document these and file it in preparation of the NSLP Administrative Reviews.  The Department is also creating an “Additional Exemption Request” form that schools can use if they want to conduct fundraisers in addition to the five that are allowed.


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