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 https://www.fns.usda.gov/transition-foods-and-foods-minimal-nutritional-value-smart-snacks-school-standards. 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 https://www.fns.usda.gov/school-meals/tools-schools-focusing-smart-snacks. For California’s competitive foods and beverage rules, please visit the California Department of Education’s Competitive Foods and Beverages Web page at http://www.cde.ca.gov/ls/nu/he/compfoods.asp.

If you have any questions regarding this subject, please contact Michael Danzik, Nutrition Education Consultant, by phone at 916-445-7346 or by e-mail at mdanzik@cde.ca.gov, or Desiree Rojo, Child Nutrition Consultant, by phone at 916-323-0213 or by e-mail at drojo@cde.ca.gov.If you have any questions regarding this subject, please contact the competitive foods and beverages team by e-mail at COMPETITIVEFOODS@cde.ca.gov.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Tuesday, May 21, 2019
Recently Posted in Nutrition
  • Tools to Optimize CEP Grouping and Funding (added 03-Jul-2020)
    The California Department of Education (CDE) Nutrition Services Division (NSD) is excited to partner with The California Food Policy Advocates (CFPA) to co-host a webinar to discuss Community Eligibility Provision (CEP).
  • USDA CACFP At-risk in Summer 2020 Waiver Request (added 01-Jul-2020)
    On June 30, 2020, the USDA confirmed that it has denied the CDE’s waiver request to allow program operators to continue to operate the At-risk Afterschool Meals component of the Child and CACFP past June 30.
  • Application for COVID-19 Disaster Relief (added 01-Jul-2020)
    Application for COVID-19 disaster relief reimbursement to offset fixed expenses, such as salaries and benefits, that continue to accrue during the temporary closure, pursuant to the 2020 Budget Act, Sec 118.
  • Emotional Health Fact Sheet (Spanish Version) (PDF) (added 26-Jun-2020)
    Simple things you can do to protect your health and create an emotionally healthy and safe environment for your staff and the students and families you serve during the COVID-19 pandemic.
  • Food Safety Handout (English) (PDF) (added 26-Jun-2020)
    Simple food safety guidelines for families receiving meals from the Child Nutrition Programs.

  • Food Safety Handout (Spanish Version) (PDF) (added 26-Jun-2020)
    Simple food safety guidelines for families receiving meals from the Child Nutrition Programs.
  • USDA Child Nutrition Responses #26, #30, #32 (added 23-Jun-2020)
    As part of the COVID-19 Families First Coronavirus Response Act, the USDA issued Child Nutrition Programs (CNP) flexibility waiver extensions #26, #30, and #32 as part of the COVID-19 Child Nutrition Response Act.
  • SSO COVID-19 Protective Mask Supply Survey (added 22-Jun-2020)
    The California Department of Education (CDE) Nutrition Services Division is assessing the protective mask needs for Seamless Summer Option program operators (SSO) who will be providing meals this summer.
  • Pandemic EBT Application Deadline Extended (added 19-Jun-2020)
    The California Department of Social Services (CDSS) and the California Department of Education (CDE) are excited to announce that the Pandemic EBT (P-EBT) application deadline has been extended to July 15, 2020.
  • USDA CNP Nationwide Waiver Revision and Extensions (added 16-Jun-2020)
    In June 2020, the U.S. Department of Agriculture (USDA) released several policy memorandums to state agencies and Child Nutrition Programs (CNP) Operators during the Novel Coronavirus (COVID-19) public health emergency.