SACRAMENTO — State Superintendent of Public Instruction Jack O'Connell announced today new state regulations clarifying ambiguous areas of law governing the foods and beverages sold on public school grounds have gone into effect this month.

"California is a leader in improving school nutrition," said O'Connell. "These new state regulations will ensure that the food and beverages sold at schools are as healthy as possible. Children need help to develop good eating habits and learn about nutritious food choices so they don't fall victim to the silent epidemic of childhood obesity that ultimately can affect their health and academic careers."

The California Department of Education worked with nutrition representatives from the field to develop the regulations after hearing from local school districts about certain ambiguous areas of the law that were making compliance difficult. The State Board of Education adopted the regulations proposed by O'Connell in May 2008. The Office of Administrative Law approved the adopted regulations in August 2008, and those regulations became effective on September 4, 2008.

The new food and beverage regulations work in conjunction with, and do not take the place of existing state law. California passed laws in 2005 that created some of the most rigorous school- food and beverage standards in the country. The new laws went into effect in 2007 and set nutrition standards for the foods that schools can sell outside of the meal programs. The standards included setting limits on fat, saturated fat, sugar, and overall calories. The law also limits the type of beverages that can be sold, allowing schools to sell water, milk, certain juices, and electrolyte replacement beverages. Elementary and middle/junior high schools were required to follow the beverage restrictions by July 1, 2007. The beverage restrictions in high schools are being phased in, with at least 50 percent of beverages complying with the standards by July 1, 2007, and all beverages complying by July 1, 2009.

The new regulations clarified the state law by:

1. Defining what constitutes an "entrée" in middle and high school campuses, because entrees can contain higher calories than foods not meeting this designation.
2. Clarifying that an "entrée" must also contain certain food groups. This provides a succinct definition, making it easier for schools to follow and comply.
3. Specifying that while the law exempts fruit and nuts from the nutrition restrictions on fat, sugar, and calories. The restrictions are not waived for fruit or nuts containing added sugar or fat (such as chocolate covered raisins or nuts).
4. Limiting the amount of sugar contained in milk in order to avoid highly sweetened milks from being sold.

A recent management bulletin released by the California Department of Education at New State Food and Beverage Sale Regulations - School Nutrition further explains the new food and beverage regulations. To view the new regulations, please visit California Code of Regulations [http://ccr.oal.ca.gov] (Outside Source), Title 5, sections 15575 – 15578.