Skip to main content
California Department of Education Logo

Repeal of Foods of Minimal Nutritional Value

Nutrition Services Division Management Bulletin

Purpose: Beneficial Information

To: National School Lunch Program and School Breakfast Program Sponsors

Attention: Food Service Directors

Number: SNP-15-2015

Date: March 2015

Reference: U.S. Department of Agriculture Food and Nutrition Service, Policy Memorandum SP 53-2014: Transition of Foods and Foods of Minimal Nutritional Value to Smart Snacks in Schools Standards; Title 7, Code of Federal Regulations, sections 210.11 and 210.11a

Subject: Repeal of Foods of Minimal Nutritional Value: Effects on Competitive Food and Meal Program Requirements

On July 1, 2014, the Smart Snacks in School (SSIS) rule found in Title 7, Code of Federal Regulations, Section 210.11 (7 CFR 210.11) became effective and the Foods of Minimal Nutritional Value (FMNV) rule (7 CFR 210.11a) became obsolete. This Management Bulletin provides School Nutrition Program sponsors with information regarding the effects of this change.

Effects on the Sale of Competitive Foods

Prior to July 1, 2014, the FMNV rule prohibited certain items to be sold to students during the meal period within the food service area. Items included carbonated or aerated beverages, water ices, chewing gum, hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy, and candy-coated popcorn.

As of July, 1, 2014, the FMNV list of foods and beverages no longer exists. Any food or beverage previously included on the FMNV list is now subject to the new SSIS rule (as well as California’s competitive food and beverage rules) to determine compliance.

Effects on the National School Lunch Program and the School Breakfast Program

Previously, the FMNV rule did not allow foods or beverages on the FMNV list to be served as a component or an extra item in the National School Lunch Program (NSLP) or the School Breakfast Program (SBP).

As of July 1, 2014, school food authorities (SFA) can serve certain foods and beverages previously included on the FMNV list as a component (provided it meets the meal pattern requirements) or an extra item in the NSLP and the SBP. For example, a carbonated 100 percent juice beverage can now count for the fruit component; prior to July 1, 2014, it was considered an FMNV and did not count. Please remember to count calories, saturated fat, and sodium for any food or beverage served, regardless if it is counted as a component or an extra item, in the NSLP or the SBP.

The Nutrition Services Division (NSD) strongly discourages serving foods or beverages containing high levels of calories, sugar, fat, saturated fat, or sodium as extra items in the NSLP and the SBP. The NSD recommends using the competitive food and beverage rules as guidance when analyzing whether to serve extra items as part of the NSLP and the SBP. The NSD also recommends that language surrounding this issue be integrated into the district local school wellness policy.

Guidelines and Information

SFAs can access Policy Memo SP 53-2014 on the Transition of Foods and Foods of Minimal Nutritional Value to Smart Snacks in School Standards web page at The USDA Policy Memo reminds SFAs that the Alliance for a Healthier Generation developed an online calculator to help school districts assess foods and beverages for compliance with the new national rules. However, due to the integration of state and federal rules, this online calculator is not applicable in California in situations where the California requirement is stricter.

For specific information regarding the new SSIS rule, please visit the USDA Smart Snacks web page at For California’s competitive foods and beverage rules, please visit the California Department of Education’s Competitive Foods and Beverages web page at

If you have any questions regarding this subject, please contact the Competitive Foods and Beverages team by email at

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Friday, November 04, 2022
Related Content
  • Child Nutrition Programs Course Catalog
    A catalog of online training courses for program operators participating in the Child Nutrition Programs.
  • Competitive Foods and Beverages
    Information on competitive foods and beverages including definitions, background, compliance, resources, policy guidance, and frequently asked questions for sponsors participating in the National School Lunch Program or School Breakfast Program.
  • Healthy Eating & Nutrition Education
    Information about improving nutrition and establishing healthy eating habits in school, child care, adult and after school settings.
  • School Nutrition
    Meal and milk programs offered at public and private non-profit schools and residential child care institutions.
  • School Nutrition Programs Management Bulletins
    School Nutrition Programs (SNP) management bulletins for sponsors of the National School Lunch Program, School Breakfast Program, Special Milk Program, and State Meal Program.
Recently Posted in Nutrition
  • Farm to Summer Celebration Week Recognition (added 07-Dec-2022)
    The NSD is congratulating summer program operators who participated in Farm to Summer Celebration Week.
  • 2022 KIT Office Hours Webinar (added 07-Dec-2022)
    The CDE/NSD is offering a 2022 KIT Funds Office Hours webinar to provide LEAs an opportunity to receive additional information and ask questions regarding the 2022 KIT Funds.
  • State Reimbursement for Nonpublic School Sites (added 05-Dec-2022)
    Flexibilities for eligible school nutrition program sponsors to receive state reimbursement for meals served at approved nonpublic school sites.
  • 2022 KIT Deadline Reminder (added 05-Dec-2022)
    The CDE is reminding the local educational agencies to apply for the 2022 KIT Funds by the December 9, 2022 deadline.
  • Prop 12 Final Rule, Farm Animal Confinement (added 02-Dec-2022)
    This management bulletin clarifies the final rule of the Farm Animal Confinement Initiative as it relates to USDA Foods and commercial purchases made by Child Nutrition Program Operators.

  • CNAC Minutes for the May 9, 2022 Meeting (added 29-Nov-2022)
    Meeting minutes for the State Superintendent of Public Instruction Child Nutrition Advisory Council (CNAC) on May 9, 2022.
  • November 15, 2022 Tuesday at 2 Town Hall Resources (added 29-Nov-2022)
    The California Department of Education (CDE) Nutrition Services Division (NSD) hosted the monthly Tuesday @ 2 School Nutrition Town Hall webinar October 25, 2022 for school food service operators, chief business officials, and community partners.
  • P-EBT Benefits and Resources for Households (added 21-Nov-2022)
    This message provides resources to school food authorities on the upcoming California Pandemic Electronic Benefit Transfer (P-EBT) for School Year (SY) 2021-22 and Summer 2022.
  • 2022 KIT Guidance and Deadline Extension (added 21-Nov-2022)
    The CDE/NSD is extending the deadline to submit the 2022 KIT Funds online registration form to December 9, 2022 and providing additional guidance regarding the definition of “freshly prepared onsite meals” and regarding vended meals.
  • Pandemic EBT Local Administrative Grant (added 17-Nov-2022)
    The U.S. Department of Agriculture provided the California Department of Education $2.8 million grant for Pandemic Electronic Benefit Transfer (P-EBT) allowable administrative costs reimbursement.