Nutrition Services Division Management Bulletin |
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Action Required |
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| To: School Nutrition Program Sponsors |
Number: NSD-SNP-08-2008 |
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| Attention: Superintendents, Food Service Directors, and Business Officials |
Date: July 2008 |
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| Subject: New State Regulations Restricting Food and Beverage Sales Outside the School Meal Programs |
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| Reference: Title 5, California Code of Regulations, sections 15575-15578 | |||
This Management Bulletin (MB) provides information regarding the implementation of new regulations governing food and beverages sold outside the federally reimbursable meal program to students on school campuses. The new regulations can be found in Title 5, California Code of Regulations (CCR), sections 15575-15578. These sections of the CCR clarify and further define ambiguous areas of Senate Bills (SBs) 12 and 965 (Escutia, statutes of 2005). The following conveys a summary of the areas included in the CCR and also includes the final version of the regulations (Attachment I). Full text of the CCR can be found at the California Office of Administrative Law Web site at http://ccr.oal.ca.gov (Outside Source).
SBs 12 and 965 (now California Education Code [EC] sections 49430-49431.5), set rigorous new nutrition standards for food and beverages sold outside the federally reimbursable meal programs to students in public schools, in kindergarten through grade twelve. The California Department of Education (CDE), Nutrition Services Division (NSD) received many questions regarding the implementation of various areas of these two laws. As a result, the CDE/NSD, with extensive input and support from a stakeholder advisory group, developed regulations that further define or clarify language found in SBs 12 and 965. The California State Board of Education and the Office of Administrative Law adopted these regulations, and they are effective September 4, 2008. These regulations work in conjunction with, and do not take the place of, California EC sections 49430-49431.5.
The Title 5 regulations, along with SBs 12 and 965, are components of the competitive food rules that govern food and beverage sales outside the federally reimbursable meal programs. In order to ensure compliance with all of the competitive food rules, school districts should review the current laws, regulations, and policies.
Current Competitive Food Rules
The following provides a summary of current competitive food rules:
| Rule | Resource |
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Food and Beverage Restrictions (SBs 12, 965, and 490) |
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Food and Beverage Restrictions (5 CCR, sections 15575-15578) |
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Food Sales by Student Organizations |
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Foods of Minimal Nutritional Value |
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Local School Wellness Policy (LSWP) |
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Overview of Food Restrictions
The following is an overview of the restrictions on foods and beverages as set forth in Title 5 CCR, sections 15575-15578. The attached regulations further define or clarify foods and beverages:
| Food | Rationale for Clarification/Additional Definition |
|---|---|
Dairy Food |
For elementary schools. Added to distinguish cheese packaged for individual sale, which is an exempt item, from other dairy foods, which must meet nutrient restrictions. |
Entrée |
For middle, junior high, and high schools. Added to distinguish an entrée item from a snack item. |
Exempt and Non-Exempt Food |
For all grades. Added to further clarify foods that do not have to comply with certain nutrient standards. |
Dried, Canned, Frozen Fruit |
For all grades. Added to allow the exemption of certain types of fruits with added sweeteners. |
Full Meal |
For elementary schools. Added to clarify where meal pattern requirements are found in federal regulations. |
Whole Grain and Whole Grain Food Item |
For elementary schools. Added to clarify what constitutes a whole grain, and what food items are considered to be whole grain foods. |
Items Prepared with Two or More Foods |
For all grades, especially middle, junior high and high school. Added to clarify compliance of a food that is comprised of two or more different foods. |
Separate Items Sold Together |
For all grades, especially middle, junior high and high school. Added to clarify compliance when two or more foods are sold as separate items, but combined into one food item before consuming. |
Overview of Beverage Restrictions
Beverages |
Rationale for Clarification/Additional Definition |
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General (to distinguish from a food) |
For all grades. Added in order to categorize a product (as a beverage or food) before analyzing for compliance. |
Electrolyte Replacement Beverage |
For middle, junior high, and high schools. Added to further define additional nutrients and nutrient amounts. |
Milk |
For all grades. Added to further define additional nutrients and nutrient amounts. |
Non-dairy Milk |
For all grades. Added to further define additional nutrients and nutrient amounts. |
As these and other restrictions on food and beverage sales outside the school meal programs evolve, the NSD will continue to provide additional training and technical assistance. The NSD plans to provide training in fall 2008 that focus on all of the competitive food rules, including these new regulations. The NSD also plans to add a “Competitive Foods” area to the CDE Web site which will outline the various competitive food rules.
If you have any questions, please contact your NSD representative in the Field Services Unit at 916-445-0850 or 800-952-5609. You also may contact Karen King, Child Nutrition Consultant, at 916-323-6035 or by e-mail at kaking@cde.ca.gov, or Mike Danzik, Nutrition Education Specialist, at 916-445-7346 or by e-mail at mdanzik@cde.ca.gov.
Attachment
Final Version of the Food and Beverage Regulations (DOC; 39KB; 4pp.)
