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Aerated Beverages Now Categorized as Soda Water


Nutrition Services Division Management Bulletin
Purpose: Policy

To: School Nutrition Program Sponsors

Number: USDA-SNP-06-2009

Attention: Food Service Director, County and District Superintendent, and Business Official

Date: February 2009

Subject: Aerated Beverages Now Categorized as Soda Water

Reference: United States Department of Agriculture Food and Nutrition Service Policy Memo TA 06-2008 and Title 7, Code of Federal Regulations, Part 210.11 and Appendix B

This Management Bulletin (MB) provides updated information from the United States Department of Agriculture (USDA) about the inclusion of “aerated beverages” in the Title 7, Code of Federal Regulations (7 CFR) Part 210.11, Appendix B, definition of Foods of Minimal Nutritional Value (FMNV). All beverages labeled as “aerated” or that bubble and fizz for several minutes after opening, are now to be categorized as “Soda Water,” which therefore includes these beverages as an FMNV. For more information about FMNV, see the California Department of Education (CDE) Web page http://www.cde.ca.gov/ls/nu/sn/mb05110.asp.        

Aerated beverages are not specifically prohibited by California Education Code; however, federal regulations bar this class of beverages in the food service area during the USDA meal period, unless the product is found on the current FMNV List of Exemptions. You may locate the FMNV List of Exemptions at the CDE Web page http://www.cde.ca.gov/ls/nu/he/fmnvexempts.asp. Any person may submit a petition to the USDA Food and Nutrition Service (FNS) requesting that an individual beverage be exempted from a category of foods of minimal nutritional value. If an exemption is granted by the USDA FNS, then the beverage is no longer prohibited in the food service area during the USDA meal period. Beverages that are currently on the FMNV List of Exemptions are, and will continue to be, considered exempt as an FMNV.

To remain in compliance with the competitive food regulations in 7 CFR, Part 210.11, sponsors must ensure that “aerated beverages” are not served in the food service area during the meal periods of both the National School Lunch and School Breakfast Programs. Please see the attached USDA memo for further explanation.

If you have any questions regarding this MB, please contact Mike Danzik, Nutrition Education Specialist, by phone at 916-445-7346 or by e-mail at mdanzik@cde.ca.gov.

Questions:   Nutrition Services Division | 800-952-5609
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