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New State Food and Beverage Sale Regulations


Nutrition Services Division Management Bulletin
Purpose: Policy, Beneficial Information
To: School Nutrition Program Sponsors Number: NSD-SNP-08-2008
Attention: Superintendents, Food Service Directors, and Business Officials Date: July 2008

Subject: New State Regulations Restricting Food and Beverage Sales Outside the School Meal Programs

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.

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

Food and Beverage Restrictions (SBs 12, 965, and 490)

Food and Beverage Restrictions (5 CCR, sections 15575-15578)

Food Sales by Student Organizations
(5 CCR,, sections 15500-15501)

Foods of Minimal Nutritional Value
(Title 7, Code of Federal Regulations [CFR], part 210.11, Appendix B)

Local School Wellness Policy (LSWP)

  • The LSWP for each school district should be reviewed for compliance

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

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 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 at http://www.cde.ca.gov/ls/nu/sn/documents/mbnsdsnp082008att.doc

Questions:   Nutrition Services Division | 800-952-5609
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