State Regulations (A-Z) | State Regulations (A-Z) |
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Alabama Health Promoting Environment School Food Services/School Food Environment Food Services: The Nutrition Policy (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. This includes any food and beverage listing sugar or high fructose corn syrup as the first ingredient on all school premises until after the end of the last scheduled class (excluding carbonated beverages outside of meal times in middle and high school). These restrictions include school parties. Nutrition Policy (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. It also prohibits schools from using Child Nutrition Program funds to purchase new fryers. It also restricts the sale of milk to 1% or less. Special Populations: No state policy. Vending Machines/School Stores: The Nutrition Policy (2005) approved by the State Board of Education prohibits the sale of carbonated beverages in elementary schools. In middle schools, 70% of the selection must be noncarbonated water, fruit juice, milk products, teas and sport drinks. 30% of the selection may be carbonated beverages, but of those, 50% (or 15% of total) must be low/no-calorie drinks. In high schools, 50% of the selection must be noncarbonated water, fruit juice, milk products, teas and sport drinks. 50% of the selection may be carbonated beverages, but of those, 50% (or 25% of total) must be low/no-calorie drinks. In elementary and middle schools, all fronts of vending machines must picture water or fruit juice products. High schools must abide by the same rules, except those machines located in athletic spectator settings (e.g., football stadiums). Foods sold separately through the vending machines, cafeteria snack items (a la carte), and school stores must follow the Alabama's Action for Healthy Kids standards. Snack foods, 1.5 ounce servings: * Low or moderate in fat (less than 10% DV of total fat). * Less than 30 grams of carbohydrate * Less than 360 mg of sodium * Contain 5% DV of either vitamin A, vitamin C, iron, calcium or fiber. Other Food Sales: No state policy. Arizona Health Promoting Environment Healthy Fundraising Solutions is Arizona 15-242 (2006) compliant. School Food Services/School Food Environment Food Services: ARS 15-242 (2006) requires all elementary, middle and junior high schools to participate in the National School Lunch Program with the exception of schools with fewer than 100 pupils not currently participating in the program. It also 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. Pursuant to ARS 15-242 (2006), elementary and middle schools are required to abide by the Arizona Nutrition Standards (2006). The Standards apply to all foods served/sold in vending machines, snack bars, a la carte, fundraisers and school events, regardless of whether or not they are exempt from the USDA FMNV food list. The Arizona Nutrition Standards (2006) include the following provisions: Food standards: · 35% or less total calories from fat · 10% or less total calories from saturated and trans fatty acids · No more than 35% total sugar by weight · Must contain at least 1 gm of fiber · Maximum 400 calories and 800 mg sodium per serving for entrée items sold as a la carte · Maximum 300 calories per serving for all other items · Maximum 600 mg sodium per serving Certain exceptions to the food standards are included in the Arizona Nutrition Standards (2006). Arkansas Health Promoting Environment School Food Services/School Food Environment Food Services: 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 resulting Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools (2005) restrict food and beverages as follows:
Reimbursable meals in all grade levels and a la carte items in middle and high schools must meet the following nutrition standards:
Elementary Schools:
Middle/Junior and High Schools: Exceptions to the restrictions are outlined in the Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools Special Populations: No state policy. Vending Machines/School Stores: Codes 6-7-119 and 20-7-135(c) (2003) and Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools (2005) prohibit in-school access to vending machines that offer food and beverages to elementary school students. In middle/junior and high schools beginning ½ hour after the lunch period ends, at least 50% of beverages in vending machines, school stores and other sales venues must be 100% fruit juice, low-fat or fat-free milk, unflavored or unsweetened water. Other Food Sales:
Middle/Junior and High Schools: California Health Promoting Environment Healthy Fundraising Solutions is California Senate Bill 12 Compliant School Food Services/School Food Environment Food Services: Education Code §49431 (Senate Bill 12, 2005), requires all foods sold outside of the school meal program to students on school grounds at each elementary school to be approved for compliance with the nutrition standards, effective July 1, 2007. Foods that may be sold outside of the school meal program to pupils on school campus during the school day are full meals; exempt foods (nuts, nut butter, seeds, eggs, cheese packaged for individual sale, fruit, vegetables that have not been deep fried, and legumes); and an individually sold dairy or whole grain food containing 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 175 calories per item. Elementary schools may permit the sale of foods that are not in compliance with the standards as part of a fundraising event when the items are sold by students off of school premises or at least 30 minutes after the end of the school day. Education Code §49431.2 (Senate Bill 12, 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, effective July 1, 2007. 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. Colorado Health Promoting Environment Healthy Fundraising Solutions is Colorado statute 22-32-134 compliant. School Food Services/School Food Environment (1) It is the intent of the general assembly that school districts work with contractors to increase over time the nutritional value of foods offered to students in school vending machines and to phase in higher nutritional standards as vendor contracts are renewed. It is also the intent of the general assembly that the department of education provide, within existing appropriations, guidance and assistance to school districts regarding healthful alternatives and nutritional diets. (2) On or before July 1, 2004, each school district board of education is encouraged to adopt a policy by resolution providing that, by the 2006-07 school year, at least fifty percent of all items offered in each vending machine or adjoining set of vending machines located in each school of the school district shall meet the criteria set forth in subsection (3) of this section. (3) (a) Foods and beverages sold through school vending machines that meet acceptable nutritional standards shall consist of the following: (I) Plain, unflavored, noncarbonated water; (II) Milk, as that term is defined in section 25-5.5-101, C.R.S., and shall include but not necessarily be limited to chocolate milk, soy beverage, rice beverage, and other similar dairy or nondairy beverage; (III) One hundred percent fruit juices or fruit-based drinks composed of no less than fifty percent juice, without additional sweeteners; (IV) An electrolyte replacement beverage that contains forty-two grams or fewer of additional sweetener per twenty-ounce serving; (V) Nuts, seeds, dairy products, fresh fruits or vegetables, dried fruits or vegetables, and packaged fruits in their own juice; and (VI) Any other food item containing: (A) Not more than thirty-five percent of total calories from fat and not more than ten percent of those calories from saturated fat; and (B) Not more than thirty-five percent of its total weight in sugar. (b) For purposes of this section, "additional sweetener" means an additive that enhances the sweetness of a food or beverage, including but not limited to sugar. "Additional sweetener" does not include the natural sugar or sugars that are contained in any fruit juice that is a component of the food or beverage. Connecticut Health Promoting Environment Healthy Fundraising Solutions is Connecticut Senate Bill 373 Compliant School Food Services/School Food Environment Food Services: Statute Chapter 169, Section 10-215d (1995) calls the State Board of Education to adopt regulations addressing nutrition standards for breakfasts and lunches provided to students by local boards of education. The regulations should be developed in consultation with the Department of Public Health, the School Food Services Association, and the Connecticut Dietetic Association. Public Act No. 04-224 (2004) requires each local board of education to offer all full day students a daily lunch period of not less than 20 minutes. Public Act No. 04-224 (2004) requires each local board of education to make available in schools nutritious, low-fat foods and drinks, which include low-fat milk, 100% natural fruit juices and water, low-fat dairy products, fresh or dried fruit at all times when food is available for purchase during the regular school day by students enrolled in the school. The State Board of Education’s Position Statement on Nutrition and Physical Activity (2005) states that local school boards should establish policies and procedures that, “help schools promote good nutrition”. Nutrition goals should also be incorporated into school improvement plans. Public Act No. 06-63 (2006) eliminates the sale of tea, coffee and soft drinks to students in public schools. It permits the sale of only the following beverages to students from any source, including but not limited to, school stores, vending machines, school cafeterias, and any fund-raising activities on school premises, whether or not school sponsored: (1) Milk that may be flavored but contain no artificial sweeteners and no more than four grams of sugar per ounce, (2) nondairy milks such as soy or rice milk, which may be flavored but contain no artificial sweeteners, no more than four grams of sugar per ounce, no more than thirty-five per cent of calories from fat per portion and no more than ten per cent of calories from saturated fat per portion, (3) one hundred per cent fruit juice, vegetable juice or combination of such juices, containing no added sugars, sweeteners or artificial sweeteners, (4) beverages that contain only water and fruit or vegetable juice and have no added sugars, sweeteners or artificial sweeteners, and (5) water, which may be flavored but contain no added sugars, sweeteners, artificial sweeteners or caffeine. Portion sizes of beverages, other than water as described in subdivision (5) of this subsection, that are offered for sale pursuant to this subsection shall not exceed twelve ounces. Public Act No. 06-63 (2006) allows school districts that participate in the National School Lunch Program to receive additional funding if food items sold to students meet the Connecticut Nutrition Standards (2006). Eligible districts that opt for the healthy food certification will receive 10 additional cents per lunch, based on the total number of reimbursable lunches (paid, free and reduced) served in the district in the prior school year. If a district chooses to receive this additional funding, it must certify that all food items sold to students separately from a reimbursable school breakfast or lunch will comply with the Connecticut Nutrition Standards. These food items include 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 fundraising activities on school premises. If a district certifies for the healthy food option, foods that do not meet the Connecticut Nutrition Standards (2006) can only be sold to students at school if permitted by the local board of education or school governing authority and the following three 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 food items are not sold from a vending machine or school store. The board of education or governing authority must take action to allow the sale to students of food items that do not meet the Connecticut Nutrition Standards (2006). Public Act No. 06-63 (2006) requires that the Department of Education publish a set of nutrition standards by August, 1, 2006 and then January 1 of each year thereafter (Connecticut Nutrition Standards (2006) for food items offered for sale to students at schools. The standards will not apply to foods sold as part of the National School Lunch Program and School Breakfast Program unless such items are purchased separately from a school lunch or breakfast that is reimbursable under such program. Public Act No. 05-104 (2005) requires the department of education to develop guidelines for the management of students with life-threatening food allergies and make them available to each local and regional board of education. The guidelines shall include education and training for school personnel regarding the management of students and the administration of medication with a cartridge injector, procedures for responding to emergency situations, a process for developing individualized health care and food allergy action plans, and protocols to prevent exposure to food allergens. Special Populations: No state policy. Vending Machines/School Stores: Public Act No. 06-63 (2006) Public Act No. 06-63 (2006) states that beverages that are not specified in the Act (i.e., soda, iced tea and sport drinks) can only be sold to students at school if permitted by the local board of education or school governing authority 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. Beverages that do not qualify are not permitted to be sold from vending machines at any time, including after school hours. Schools are permitted to sell beverages that are not allowed in Public Act No. 06-63 (2006) to teachers and other school staff members, as long as they are not accessible to students (i.e., a soda machine in teachers’ lounge or coffee sold to adults only in the cafeteria. However, Connecticut Nutrition Standards (2006) encourages districts to consider this issue in relation to the promotion of staff wellness practices. Other Food Sales: The State Board of Education’s Position Statement on Nutrition and Physical Activity (2005) states that local school boards should establish policies and procedures that, “make decisions regarding the sale and use of foods and beverages at school-sponsored activities (such as fundraisers, parties, and sports events) based on healthy eating goals.” Nutrition goals should also be incorporated into school improvement plans.
Delaware Health Promoting Environment School Food Services/School Food Environment Food Services: Administrative Code 14:852 (2004) requires each school district to implement a Child Nutrition Policy that minimally provides nutritious and balanced meals, purchasing practices that ensure the use of quality products, and adequate time to eat breakfast and lunch. Special Populations: No state policy. Vending Machines/School Stores: No state policy. Other Food Sales: 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”. Physical Activity Other Than Physical Education
Interscholastic Athletics: Administrative Code 14:1001 (2002) states, “Local school districts shall establish their own academic eligibility criteria for participation in extra-curricular activities for all extra-curricular activities except for interscholastic athletics”, which are defined in Administrative Codes 14:1008 and 14:1009 (2004). Florida Health Promoting Environment School Food Services/School Food Environment Food Services: Statute 1006.06 (2002) requires the State Board of Education to adopt rules regarding the administration and operation of the school food service programs. Each district shall then adopt policies that provide for an appropriate food and nutrition program that is consistent with the State Board policy. Each school district is also required to implement a school breakfast program in all elementary schools. Statute 1006.0605 (2002) requires each district shall report to the department any activity or initiative that provides access to a food service program during school vacation periods of over two weeks to students who are eligible for free or reduced-price meals. Additionally, 1006.0606 (2005) requires each district school board to develop a plan by May 1, 2006, to sponsor a summer nutrition program, beginning the summer of 2006, to operate sites in the school district as follows: (a) within 5 miles of at least one elementary school at which 50 percent or more of the students are eligible for free or reduced-price school meals and for the duration of 35 consecutive days; and (b) except as operated pursuant to paragraph (a), within 10 miles of each elementary school at which 50 percent or more of the students are eligible for free or reduced-price school meals. The bill allows for an exemption from this requirement provided that school boards seeking such exemption include the issue on the agenda of a regular or special school board meeting that is publicly noticed, provide residents an opportunity to participate in the discussion, and vote on whether to be exempt. Exemptions must be reported to the Commissioner of Education. The board must reconsider its decision to be exempt each year. If a district school board elects to be exempt from sponsoring a summer nutrition program, it may encourage not-for-profit entities to sponsor the program. Special Populations: School districts participating in the child nutrition programs are required to make substitutions or modifications to the meal requirements for those participants with disabilities who are unable to consume the meals offered to non-disabled participants. Any child in a household receiving food stamp benefits is certified as eligible for free school meals without further application. Direct certification is the process under which local education agencies certify children who are members of households receiving assistance under the Food Stamp Program, as eligible for free school meals, without further application, based on information provided by the State/local agency administering the Food Stamp Program Vending Machines/School Stores: Administrative Rule 6A-7.042 (2000) requires each district school board to control the sale of food and beverage items in competition with the food service program. These competitive food and beverage items may only be sold in secondary schools with the approval of the board, one hour after the closing of the last lunch period. Other Food Sales: Administrative Rule 6A-7.042 requires each district school board to control the sale of food and beverage items in competition with the food service program. These competitive food and beverage items may only be sold in secondary schools with the approval of the board, one hour after the closing of the last lunch period. School boards may allow the sale of carbonated beverages to high school students by a school activity or organization approved by the principal at all times if 100% fruit juice is sold at each location where carbonated beverages are sold. Carbonated beverages may not be sold where breakfast or lunch is being served or eaten; however, non-carbonated beverages may be sold at all times during the day at any location. All proceeds from the sales must accrue to the food service program or a school organizations approved by the board. Georgia Health Promoting Environment School Food Services/School Food Environment Food Services: SBOE Rule 160-5-6-.01 (2002) requires each local board of education to ensure participation by all schools in a state-approved nutrition program and provide a policy addressing the sale of food with minimal nutritional value. The board must also provide a choice of menus or items and a job-related training program for school nutrition program personnel that provides annual in-service training, requires all new employees to complete a training program within the first full school year, and facilitates 30 credit hour training courses. Special Populations: No state policy. Vending Machines/School Stores: No state policy. Other Food Sales: SBOE Rule 160-5-6-.01 requires each local board of education to ensure participation by all schools in a state-approved nutrition program and provide a policy addressing the sale of food with minimal nutritional value. The policy must prohibit the sale of those foods in elementary schools and below from the beginning of the school day until the last lunch period when students are scheduled to return to class and for all other schools, in the dining, serving, and kitchen areas during mealtime. Idaho Health Promoting Environment School Food Services/School Food Environment Food Services: No state policy. Special Populations: No state policy. Vending Machines/School Stores: No state policy. Other Food Sales: No state policy. Illinois Health Promoting Environment Healthy Fundraising Solutions is Illinois Section 305.15 CompliantSchool Food Services/School Food Environment Food Services: 23 Illinois Administrative Code Ch. 1, Section 305.10 (1978) provides for the free lunch program, the National Child Nutrition Program, and the federal Child Nutrition Program. 105 ILCS 125/2.5 (2005) requires the state board of education to fund a breakfast incentive program and make grants available for school boards and welfare centers who agree to start a school breakfast program with first priority to those schools with more than 40% on free and reduced priced meals. 105 ILCS 125/4 (2005) mandates that every public must have a free lunch program. 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. 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, non-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. Special Populations: No state policy. Vending Machines/School Stores: The requirements outlined in 23 Illinois Administrative Code Ch. 1, Section 305.15 (2006) (see Other Food Sales) apply to foods sold in vending machines and school stores for in schools for grades eight and below. For those schools that include both grade eight and grade nine and above, schools may request an exemption based on their inability to separate access to food and beverages for grades eight and below and nine and above for the 2006-07 school year only. Other Food Sales: 23 Illinois Administrative Code Ch. 1, Section 305.15 requires that food sold to students outside of food service areas or within food service areas other than during meal periods include only the following: (1) nuts, seeds, nut butters, eggs, cheese packaged for individual sale, fruits or non-fried vegetables, or low-fat yogurt products or (2) any food item whose total calories from fat do not exceed 35%, calories from saturated fat do not exceed 10%, total amount of sugar by weight does not exceed 35% and calories do not exceed 200. Indiana Health Promoting Environment Healthy Fundraising Solutions meets Indiana “Better Food Choice” regs. School Food Services/School Food Environment Food Services: IAC 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 sweetners; (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. Special Populations: No state policy. Vending Machines/School Stores: IAC 20-26-9-19 (2006) stipulates that vending machines that dispense food and beverages at elementary schools must not be available to students. At least 50% of the food items and beverages available for sale at school or on school grounds, including vending machines, must qualify as "better choice foods and beverages" (see details under Food Services). Other Food Sales: No state policy. Iowa Health Promoting Environment School Food Services/School Food Environment Food Services: 281 IAC 58.6 (2002) allows school districts to provide a school breakfast program at all schools in the district. 281 IAC 58.7 (2002) requires districts to provide lunch programs for all students who attend public school 4 or more hours each school day. The model Wellness Policy (2005), put forth by the State Board, recommends district wellness policies include school food nutrition requirements and guidelines for all foods available on campus. Suggestions can be found within the policy. Special Populations: No state policy. Vending Machines/School Stores: The model Wellness Policy, put forth by the State Board, recommends district wellness policies include guidelines and policies on vending sales, including disallowing soft drink sales and other unhealthy foods. Suggestion can be found within the policy.
Kansas Health Promoting Environment School Food Services/School Food Environment Food Services: Statute 72-5125 (1992) requires local boards to enter into an agreement with the state board to establish and maintain a school breakfast program that makes breakfasts available to students in the school. Senate Bill 154 (2005) requires the state board of education to establish nutritional guidelines for all food and beverages available to students during the school day. In developing the guidelines, particular attention should be given to "providing healthy food and beverages, physical activities and wellness education with the goal of reducing and preventing childhood obesity." Statute 72-5119 (1973) requires all money received by the school for food service to be credited to the "food service fund." Statute 72-6424 (1992) established the fund. Statute 72-5115 (1973) allows the state board of education to enter into agreements with the US Department of Agriculture and other federal agencies for participation in a food service program. At a local level, Statute 75-5126 (2003) allows local boards of education to enter into contracts with the governing body of nonpublic schools, municipalities, or nonprofit organization for the provision of food. All money received by a school district under a contract must be deposited into the food service fund. Statute 72-5122 (1973) allows the state board to conduct studies to improve and expand food service programs in schools in order to promote nutritional education. Further, the state board may conduct appraisals of the nutritive benefits of food service programs. Special Populations: No state policy. Vending Machines/School Stores: No state policy. Other Food Sales: No state policy. Kentucky Health Promoting Environment 30% fat/32% sugar/300mg sodium/2oz School Food Services/School Food Environment Food Services: 702 KAR 6:050 (1991) requires all schools participating in the national school lunch and breakfast programs to serve a complete hot or cold breakfast and a hot or cold lunch of serving sizes at least 1/3 to ½ of the daily nutritive requirements of the school age child being served. Further, lunch is to be made available to all children attending each school and for those predetermined by school authorities, meals shall be served at without cost or at reduced cost. KRS 158.850 (2005) limits access to retail fast foods in the cafeteria to one day a week. KRS 158.854(3) (2005) prohibits the sale of 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 defined as any food or beverage item sold in competition with the National School Lunch and School Breakfast program. KRS 158.854(4) (2005) restricts the sale of beverages in elementary schools to “school-day-approved beverages.” These include water, 100% fruit juice, low-fat milk and any beverage that contains no more than 10 grams of sugar per serving. This limitation applies to vending machines, school stores, canteens, or fundraisers that sell beverages to students, teachers or groups. 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. 702 KAR 6:090 (2006) restricts food and beverages sold during the time period beginning 30 minutes Special Populations: Special dietary needs are accommodated in accordance with the guidance issued by the US Dept of Agriculture based on the requirements of the Americans with Disabilities Act of 1990. Vending Machines/School Stores: KRS 158.854 (2005) restricts the sale of beverages to “school-day-approved beverages.” These include water, 100% fruit juice, low-fat milk and any beverage that contains no more than 10 grams of sugar per serving. This limitation applies to vending machines, school stores, canteens, or fundraisers that sell beverages to students, teachers or groups. 702 KAR 6:090 (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. 702 KAR 6:090 (2006) restricts the sale of food items beginning thirty minutes after the last lunch period until the end of the last instructional period. This includes the sale of food items in vending machines, school stores, canteen, and fundraiser on school property. The complete list of restrictions which include calories, portion size, fat, sugar and sodium content can be found in Section 2 of 702 KAR 6:090 (2006). Other Food Sales: 702 KAR 6:090 (2006) restricts sales of a la carte items in the cafeteria line during the serving of breakfast or lunch. All items must meet the food item and beverage standards established in Section 1 and 2 of the policy. Louisiana Health Promoting Environment School Food Services/School Food Environment Food Services: In Bulletin 741 (2005), §2103 allows any public high school grade and under to participate in a school food service program. Part LXXIX (2005), §2303 applies the same to non-public school students. Participating schools must adhere to the requirements in Bulletin 1196 (2003). RS 17:192 (1991) states that all school children under the supervision and regulation of the state shall be given lunches that takes into consideration the nutritional needs of the children, the distance traveled from home to school, and the attendance of several schools. Each school system is to also participate in the national school breakfast program by providing free- or reduced-price breakfast to all eligible students in the school. RS 17:194 (1970) allows the state board of education to prescribe regulations, employ personnel, and take other necessary action to establish a school lunch program.
According to RS 17:197.1 (SB 146) (2005), except for foods sold as a part of the school food program, the following items are prohibited beginning one half-hour before school begins until one-half hour after the school day ends.
Special Populations: No state policy. Maine Health Promoting Environment School Food Services/School Food Environment Food Services: Statute Title 20-A §6602 (2001) requires public schools to provide nonprofit school food service programs by participating in the National School Lunch Program and providing “Type A” meals. Only secondary schools limited to grades 9-12 are exempt. Furthermore, the Commissioner may assess the nutritional benefits of school lunch programs and report to the state board. Title 20-A §6662.1 (2005) requires that food service programs post caloric information for pre-packaged a la carte menu items at point-of-decision. It also requires the Department of Education to establish standards for food and beverages sold or distributed on school grounds but outside of school meal programs. These standards must include maximum portion sizes, except for portion sizes for milk, that are consistent with single-serving standards established by the USDA. Special Populations: The Maine Department of Education follows federal guidelines for special population needs. Vending Machines/School Stores: 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. Other Food Sales: 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. Maryland Health Promoting Environment School Food Services/School Food Environment Food Services: Code §7-601 requires that State Board of Education to adopt and publish standards for the administration of the subsidized and free feeding program, including eligibility conditions and a requirement that each county board provide a reduced price lunch program. Code §7-603 requires public schools to offer a program of subsidized or free feeding for eligible children. Code §7-701 requires elementary schools to offer a free and reduced-price breakfast program if the percentage of enrolled students eligible for free or reduced-price meals is 15% or greater. Code §7-704 authorizes the Maryland Meals for Achievement classroom breakfast program, which provides meals at no cost to all children in participating schools. To be eligible, at least 40% of enrolled students in a school must be eligible for free or reduced-price meals. 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). Special Populations: No state policy. Vending Machines/School Stores: 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). Other Food Sales: 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. Massachusetts Health Promoting Environment School Food Services/School Food Environment
Food Services: No state policy. Michigan Health Promoting Environment Healthy Fundraising Solutions meets Michigan Wellness Policy regs. School Food Services/School Food Environment Food Services: The State Board of Education recommends in its Policy on Offering Healthy Foods and Beverages in Venues Outside of the Federally Regulated Child Nutrition Programs (2003) that each school offer and promote whole grain and enriched grain products, fresh, frozen, dried, or canned vegetables and fruit, non-fat, low-fat, plain yogurt and milk, nuts, trail mix, or soy bean snacks, and accompaniments in 1 ounce servings or less. The Model Local Wellness Policy (2005) also recommends districts adopt policies where reimbursable school meals meet federal program requirements and nutrition standards. It is also recommended that the district monitor all food and beverages sold or served to students for nutritional value. Special Populations: No state policy. Vending Machines/School Stores: The Model Local Wellness Policy recommends districts adopt policies where the district superintendent continually evaluates vending policies and contracts. Other Food Sales: The Model Local Wellness Policy recommends districts adopt policies where the district monitors all food and beverages sold or served to students for nutritional value. Physical Activity Other Than Physical Education Interscholastic Athletics: No state policy. Mississippi Health Promoting Environment School Food Services/School Food Environment Food Services: State Board Policy on Competitive Foods and Extra Food Sales EEH (1985) requires school food service staff to only serve foods that are components of approved federal meal patterns and any additional foods needed to meet the caloric requirement of the age group being served. Special Populations: None specified. Vending Machines/School Stores: None specified. Other Food Sales: At a minimum, the State Board Policy on Competitive Foods and Extra Food Sales EEH declares that no food items will be sold on school campus for 1 hour before the start of any meal service period. Local boards are encouraged to develop more comprehensive restrictions. Missouri Health Promoting Environment School Food Services/School Food Environment Food Services: Revised Statute 167.211 (1963) allows any school board to sell lunches to children attending the schools and shall not be sold at a price less than the cost of the food. State and local responsibilities for administering the Food Distribution Program can be found in 5 CSR 30-680.060 (1989), the National School Lunch Program found in 5 CSR 30-680.010 (1992), and the School Breakfast Program found in 5 CSR 30-680.030 (1993). Special Populations: No state policy. Vending Machines/School Stores: No state policy. Other Food Sales: No state policy. Montana Health Promoting Environment School Food Services/School Food Environment Food Services: Montana Annotated Codes 20-10-201 to 20-10-208 describes in detail the requirements for providing school food services. The Board of Public Instruction adopted a position statement (2005) encouraging all Montana schools to adopt a school wellness policy. Senate Joint Resolution No. 2 (2003) also urges districts to offer nutritious food and beverage choices whenever possible. Special Populations: No state policy. Vending Machines/School Stores: No state policy. Other Food Sales: No state policy. Nebraska Health Promoting Environment School Food Services/School Food Environment Food Services: In accordance with CFR 210.11, the Competitive Foods Policy (2006) prohibits the sale of any food or beverages anywhere on school premises beginning one half hour before breakfast and or lunch service until one half hour after meal service unless all proceeds earned during these time periods go to the school nutrition program. In addition, no foods of Minimal Nutritional Value, as defined by the USDA, can be sold in the Food Service areas beginning one half hour before breakfast and/or lunch service until one half hour after meal service under any circumstances. Special Populations: No state policy. Vending Machines/School Stores: Statute 79-2,132 (no date available) allows a school store in which students may purchase food, beverages, and personal or consumable items. The Competitive Foods Policy (2006) restricts the profits from vending machines. If a vending machine, not operated by a school nutrition program, is open during the meal service period, the profits from that period must go to the school nutrition program. Other Food Sales: No state policy. Nevada Health Promoting Environment Healthy Fundraising Solutions meets Nevada Wellness Policy standards. School Food Services/School Food Environment
Food Services: The State Board of Education adopted the Statewide School Wellness Policy (2005). Each local district was required to develop and implement their policy by July 1, 2006. The local policy may be more restrictive than the state policy but may not be less restrictive. The Statewide School Wellness Policy (2005) 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. New Hampshire Health Promoting Environment School Food Services/School Food Environment Food Services: RSA 189:11-a (2004) and Rule Ed 306.11 (2005) require each school board to make available meals for every pupil under its jurisdiction during school hours. For needy students, meals without cost or reduced should be made available according to income guidelines set by the state board. Students must also be accorded adequate time to consume meals in each elementary, middle, and high school. Special Populations: No state policy. Vending Machines/School Stores: No state policy. Other Food Sales: No state policy. New JerseyHealth Promoting Environment School Food Services/School Food Environment Food Services: N.J.S.A. 18A:33-3 (1986) allows local boards of education to install, equip, supply, and operate cafeterias or other agencies for dispensing food to pupils in public school not-for-profit. N.J.S.A. 18A:33-4 (1974) requires each school with 5% or more students eligible for free or reduced price meals to make available lunch for all school children enrolled in the School. N.J.S.A. 18A:33-10 (2003) requires public schools with 20% or more students eligible for free or reduced price meals in the previous year to establish a School Breakfast Program. N.J.A.C. 2:36-1.7 requires districts to adopt a school nutrition policy by September 2006. By September 2007, districts will have to comply with the Model School Nutrition Policy. Under this policy, foods defined by the USDA as having minimal nutritional value (FMNV), foods listing sugar in any form as the primary ingredient, and all forms of candy are banned from sale or free promotional distribution anywhere on school property during the school day. This policy further applies to the federally reimbursable After School Snack Program. Schools are also required to reduce the purchase of all products containing trans-fats. Senate Bill 1218 (2006) 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. 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
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 Health Promoting Environment Healthy Fundraising Solutions meets New Mexico Title 6.12.5. School Food Services/School Food Environment Food Services: 22-13-13 NMSA (no date available) requires the state board to prescribe standards and regulations for establishing and operating of a school lunch program. Special Populations: No state policy. Vending Machines/School Stores: 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. Other Food Sales: 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. Fund raisers: (1) Beverages and food products may be sold as fund raisers at any time during normal school hours except during the lunch period and are subject to the following requirements and limitations: (a) Elementary schools: (i) Beverages sold shall only include: milk with a fat content of 2 percent or less; soy milk; and water. Carbonated beverages shall not be sold. (ii) Food products shall not be sold as fund raisers to students in elementary schools. (b) Middle schools: (i) Beverages sold shall only include: milk with a fat content of 2 percent or less; soy milk; water; and one hundred percent fruit juice that has no added sweeteners and no more that 125 calories per container and a serving size not to exceed 20 ounces. Carbonated beverages shall not be sold. (ii) Food products sold are subject to the following requirements: nuts, seeds, cheese, yogurt, and fruit may be sold and are not subject to restrictions; food products other than nuts, seeds, cheese, yogurt and fruit shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats and shall contain no more than 15 grams of sugar per container or per package or amount served. (c) High schools: (i) Beverages sold shall only include: milk with a fat content of 2 percent or less, soy milk, water and juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces. (ii) Food products sold are subject to the following requirements: nuts, seeds, cheese, yogurt, and fruit may be sold and are not subject to restrictions; food products other than nuts, seeds, cheese, yogurt and fruit shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats and shall contain no more than 15 grams of sugar per container or per package or amount served. (2) Beverages and food products may be sold as fund raisers outside of normal school hours provided that at least 50 per cent of the offerings meet the following requirements: (a) Beverages: milk with a fat content of 2 percent or less; soy milk, water and juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces. (b) Food products: nuts, seeds, cheese, yogurt, and fruit may be sold and are not subject to restrictions; food products other than nuts, seeds, cheese, yogurt and fruit shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats, and shall contain no more than 15 grams of sugar per container or per package or amount served. [6.12.5.8 NMAC - N, 02-28-06]
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