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Exemptions Under the Competitive Foods Regulation

Products identified by the United States Department of Agriculture (USDA) that are not considered to be foods of minimal nutrition value (FMNV) and can, therefore, be sold during the meal period in a school food service area.

The products in the list below are not considered to be foods of minimal nutrition value (FMNV) and can, therefore, be sold during the meal period in a school food service area pursuant to federal regulations. This does not mean that these products are approved or endorsed either by the United States Department of Agriculture (USDA) or the California Department of Education (CDE). Nor does an exemption indicate that these products have significant nutritional value. In addition, the exemptions should not be perceived as guidance or encouragement concerning their possible purchase.

The list does not reflect any such exemption from California state law, e.g., Senate Bills 12, 965, and 490 – Education Code sections 49431, 49431.2, 49431.5, and 49431.7. While the products listed below are exempted under the federal FMNV regulations, many may not be compliant with Senate Bills 12, 965, or 490.

Please also be aware that several companies with exempted foods or beverages produce similar products that are not exempted. Some products previously exempted have been removed while new products have been added. Therefore, the following list contains the most up-to-date list of exempted foods and beverages under the federal FMNV regulations.

USDA List of FMNV Exemptions (PDF; Dated Apr-2012)

Questions: Mike Danzik | MDanzik@cde.ca.gov | 916-445-7346 
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