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Summary of State School Nutrition Standards (List is in progress)

Year 2008 2007 2006 2005 2004 2003 2002 & earlier Number of 2 6 6 18 5 2 19 States Passing Laws or Regulations State CO MS, FL, IN, AZ, CA CO, LA, AR, CA AL, CA, Legislation ND, NJ, CT, RI (2), (3), CO, TN, WA CO, CT, Passed OR, RI, PA, TN IL, KS FL, GA, SD (2), KY, HI, IL, KY, LA, ME, LA, ME, MD, NM, MD, MS, NC (2), NE, NJ, OK, RI, NY, NC, SC, WV VA, WV State WV IL, Regulation (revised) TX MD, NJ, TX (revised) TN

Alabama General Snack Standards: AL’s Healthy Snack Standards for Food and Beverages at School (06/12/05) AL Board of Edu Resolution (6/14/07, full compliance by 08-09)

- All Schools (K-12): o NUTRITION CONTENT GUIDELINES: (for single servings of ALL snack foods) . Low or moderate in fat (10% or less DV of total fat) . Have less than 30 grams of carbohydrate (10% or less DV of total fat) . Have less than 360 mg of sodium . Contain 5% DV or more (10% is healthiest) of at least one: Vitamin A, Vitamin C, iron, calcium, or fiber (5% DV) o FOODS THAT COUNT AS SNACK ITEMS: . Beverages . Snacks and Desserts . Fruits and Vegetables o WHEN THESE STANDARDS APPLY: . Standards apply to snacks in categories including a la carte sales in the cafeteria, vending machines, school stores, fundraisers, classroom parties and other school events. . *Guidelines do not apply to school-related events where parents/other adults are a significant part of the audience, or are selling beverages as boosters (school plays, interscholastic sporting events, etc…)* o GENERAL RECOMMENDATIONS: . Frying as a method of on-site preparation for any foods served in schools should be limited with the intent of elimination. Fried potato products should be limited to a 3 oz portion size. . Schools should increase whole grain options as well as fruit and vegetable options, preferably using freshly grown Alabama produce . Cafeteria cooking techniques should aim to provide fiber and reduce fat, sugar and sodium.

Updated: January 14, 2008 www.schoolnutrition.org 1 School Beverage Guidelines: AL’s Healthy Snack Standards for Food and Beverages at School (06/2005) AL Board of Edu Resolution (6/14/07, full compliance by 08-09)

- All Schools: o WATER: . Bottles of any size allowed . Water may be plain or flavored. Flavored waters may not have added sugar or caffeine. May NOT be carbonated. . Must have 0 calories o MILK: . Only low fat (1% or less) or nonfat milk allowed . May be flavored, but flavored milks may not contain more than 30 grams of total sugar per 8 oz serving . No more than 10% of DV may come from fat . Milk may NOT contain artificial sweeteners . Milk availability may NOT be restricted at any time during the school day . Includes nutritionally equivalent milk alternatives (per USDA) such as soy milk. Same nutrition restrictions as milk apply. o JUICE: . Must be 100% juice with no added sweeteners . Must contain at least 10% of recommended DV for at least 3 vitamins and minerals . 100% juice is exempt from “30 gram max per 8 oz” sugar standard

- Elementary Schools: o MILK: . Up to 8 oz . Up to 150 cal o JUICE: . Up to 8 oz . Up to 120 cal o CARBONATED SOFT DRINKS shall NOT be available for sale to students at any time during the school day (effective 05-06 school year) - Middle Schools: o MILK: . Up to 10 oz . Up to 187 cal (150 cal per 8 oz) o JUICE: . Up to 10 oz . Up to 150 cal (120 cal per 8 oz, 15 cal per 1 oz) o CARBONATED SOFT DRINKS shall NOT be available for sale to students at any time during the school day (effective 08-09) - High Schools: o MILK: . Up to 12 oz . Up to 270 calories (180 cal per 8 oz) o JUICE: . Up to 12 oz . Up to 180 cal (120 cal per 8 oz) o CARBONATED BEV: . Must be no/low cal . Up to 20 oz; up to 25 cal (10 cal per 8 oz) o OTHER: . Up to 12 oz; may include light juices, sports drinks, teas, etc… . Up to 99 cal (66 cal per 8 oz)

Updated: January 14, 2008 www.schoolnutrition.org 2 School Snack/Dessert Guidelines: AL’s Healthy Snack Standards for Food and Beverages at School (06/2005) - All Schools: o FOODS UNDER THIS CATEGORY (and maximum serving sizes that may be provided/sold) . Baked chips, popcorn, rice cakes, puffed snacks (1.25 oz max) . Crackers, hard pretzels, pita chips, snack mix (1.25 oz max) . PB-filled crackers and cheese-filled crackers (1.25 oz max) . Trail mix, nuts, seeds, soy nuts (1.25 oz max) . Cereals (1.25 oz max) . Low-fat cookies, animal or graham crackers, cereal or granola bars (1.33 oz max) . Bakery items, e.g. (toaster)pastries, muffins, bagels, soft pretzels (2 oz max) . Low-fat frozen desserts, low-fat ice cream and pudding, fruit bowls (4 oz max) . Low-fat yogurt (8 oz max) . Smoothies (made with low-fat yogurt, low-fat dairy alt. and/or fruit/juice) (12 oz max) o SPECIFIC NUTRTION EXCEPTIONS: . Nuts, seeds, peanut and other nut butters may provide more than 10% DV of total fat . Naturally occurring sugars in fruits, vegetables, and dairy products are not included in the max amount of carbohydrates per serving o FIBER/GRAIN RECOMMENDATION: . Schools are encouraged to provide choices of whole grains and naturally occurring grains with minimal amounts of added fat or sugar. Choices containing fiber should be encouraged.

School Fruit/Veg Guidelines: AL’s Healthy Snack Standards for Food and Beverages at School (06/2005) - All Schools: o REQUIREMENTS: . Quality fruits and vegetables must be made available at any place snack items are sold (vending machines, a la carte lines, etc…) . “Quality” means “prepared and packaged without added fat, sugar, or sodium. . No more than 10% DV calories may be from fat . No more than 10% DV of carbohydrates OR 30 grams max per serving o PORTION SIZES: . ½ cup MIN for quality fruits and vegetables . ½ cup MAX for vegetables or fruits with added fat . 1.25 oz MAX for dried fruit

General Vending Rules: AL’s Healthy Snack Standards for Food and Beverages at School (06/2005) - All Schools: o Schools are prohibited from selling/providing any food or meal that is in competition with the scheduled school meal o Schools are required to restrict student access to concessions, extra sales, vending and fundraisers during the meal periods. o Schools may not schedule sales immediately before or after meals that would compete with the meal service. If such sales should occur, all income generated must be deposited into the Child Nutrition account. o Foods of Minimal Nutritional Value (FMNV) may NOT be sold in schools. . Includes: Water ices/slushes/popsicles not containing fruit juice; chewing gum; candies processed predominately from sugar or corn syrup sweeteners (e.g., hard candies, licorice, cotton candy, etc…) - Elementary Schools: o Vending machine displays must be of a product that is water or 100% fruit juice with no added sweeteners (effective 05-06) - Middle Schools: o “” (effective 06-07) - High Schools:

Updated: January 14, 2008 www.schoolnutrition.org 3 o “” (effective 06-07) o Vending machines must contain at least 50% water and now/low calorie options o Alaska Vending machines/school stores: No state policy Other food sales: No state policy

There is, however, a comprehensive “Alaska School Wellness Toolkit” that provides individual schools with the resources necessary to develop comprehensive wellness policies that are NOT less restrictive than the federal guidelines. ______

Arizona

ARS 15-242 (2006) requires all elementary, middle and junior high schools to participate in the National School Lunch Program, with the exception of schools with fewer than 100 pupils not currently participating in the program. The law allows schools with grades 9-12 to adopt nutrition standards for their own campuses. Further, the law prohibits new and renewal contracts beginning July 15, 2006 to include sugared, carbonated beverages and all other foods of minimal nutritional value to be served on elementary, middle, and junior high school campuses. Approval of a carbonated beverage may only be made by the Department of Education if it meets or exceeds the department's definition of minimal nutritional value.

*Both of the Standards below were produced by the Arizona Dept of Education. The ARS 15-242 lists food standard requirements only for K-8 schools, with some differentiation between Elementary and Middle/Junior High School Standards. The Voluntary Arizona Nutrition Standards is meant as a tool to help high schools develop healthier food environments and lists recommendations rather than requirements.

General Snack Standards: “The Arizona Nutrition Standards” ARS 15-242 (Revised 09/2007) K-8 only Voluntary Arizona Nutrition Standards for High Schools (Final Release: 05.2007)

- All K-8 Schools: (ARS 15-242) o FOOD STANDARDS: NSLP ENTREES SOLD A LA CARTE . 40% or less of total calories from fat . 10% or less of total calories from saturated and trans fatty acids (combined)  Exceptions: Reduced fat cheese in any form, nuts, and seeds may exceed total saturated fat standard . No more than 35% total sugar by weight  Exceptions: Solid dairy products, fruits, and vegetables may exceed sugar by weight standard. . Must contain at least 1g of fiber  Exceptions: Solid dairy products, jerky, fruits, and vegetables are exempt. . MAX 400 calories per serving for entrée items sold as a la carte . MAX 800mg of sodium for entrée items sold a la carte . Final preparation method can NOT be deep-fat fried o FOOD STANDARDS: NON-NSLP ENTREES SOLD A LA CARTE . Same as NSLP entrees sold a la carte except:  NO deep-fat fried chips or crackers  35% (not 40%) or less of total calories from fat o Exceptions: Reduced fat cheese in any form, nuts, and seeds may exceed total fat standard o FOOD STANDARDS: ALL OTHER ITEMS . Same as Non-NSLP entrees sold a la carte except:

Updated: January 14, 2008 www.schoolnutrition.org 4  MAX 300 cal (not 400 cal) per serving for all other items o Exceptions: Fruit-based smoothies may contain up to 400 calories.  MAX 600 mg (not 800 mg) sodium for all other snack items o WHEN THESE STANDARDS APPLY: . All K-8 grade schools are required to abide by the Arizona Nutrition Standards set forth by the Arizona Dept of Education effective July 1, 2006. . Guidelines apply to ALL foods and beverages sold in vending machines, snack bars, a la carte, fundraisers and school events during the normal school day. Guidelines do NOT apply to classroom parties. . **If a school has grades K-6  Elementary School Standards . **If a school has grades K-8, K-5  Elementary School Standards and grades 6-8  Middle/Junior High School Standards

- High Schools: (School compliance is VOLUNTARY) o FOOD STANDARDS: NSLP ENTREES SOLD A LA CARTE . MAX 400 calories . Portion size cannot exceed portion size of an NSLP reimbursable entrée . Final preparation cannot be deep-fat fried . Recommended: 2 mg sodium or less per calorie . Recommended: Trans fat free food o FOOD STANDARDS: NON-NSLP ENTREES SOLD A LA CARTE . MAX 400 calories . No more than 35% total calories from fat  Exception: Reduced fat cheese in any form, nuts, and seeds may exceed total fat standard . No more than 10% of total calories from saturated fat  Exception: Reduced fat cheese in any form may exceed saturated fat standard . No more than 35% sugar by weight  Exception: Solid dairy products, fruits, and vegetables may exceed sugar by weight standard. . Minimum 1 gram fiber  Exception: Solid dairy products, fruits, vegetables, and jerky are exempt from fiber standard . Final preparation method cannot be deep-fat fried . Recommended: 2 mg sodium or less per calorie served . Recommended: Trans fat free food . All deep-fat fried chips and crackers restricted outside NSLP meals o FOOD STANDARDS: ALL OTHER NON-ENTRÉE TYPE FOOD ITEMS . Same as Non-NSLP entrees sold a la carte except:  MAX 300 cal (not 400 cal) per serving for all other items o WHEN THESE STANDARDS APPLY: . Standards apply to all foods and beverages sold in vending machines, snack bars, a la carte, fundraisers and school events during the normal school day. Guidelines do NOT apply to classroom parties.

School Beverage Guidelines: “The Arizona Nutrition Standards” ARS 15-242 (Revised 09/2007) K-8 only Voluntary Arizona Nutrition Standards for High Schools (Final Release: 05.2007) - All K-8 Schools: (ARS 15-242) o WATER: . May contain natural or artificial, non-caloric sweeteners . Cannot contain caffeine or a caffeine derivative . No portion size restriction o FRUIT SMOOTHIE:

Updated: January 14, 2008 www.schoolnutrition.org 5 . Must be yogurt or ice based . Must not exceed 400 calories . 12 oz max portion size o MILK AND ALTERNATIVES: . Only fat free, low fat (1% milk fat), and reduced fat (2% milk fat) milk . Reduced fat enriched rice, nut or soy milk allowed . Flavored milk may contain no more than 4 grams of sugar per ounce . 12 oz max portion size (both milk and alternatives) o PROHIBITED: . Any carbonated beverages and caffeine/energy drinks - Elementary Schools: o JUICE: . Must contain 100% fruit and/or vegetable juice . 8 oz max portion size o FRUIT SMOOTHIE: . Must contain 100% fruit juice o ISOTONIC SPORTS DRINKS, ELECTROLYTE-REPLACEMENT DRINKS: . Prohibited - Middle Schools: o JUICE: . Must contain no less than 50% fruit and/or vegetable juice . No sugar added . Nutrient values must equal 100% juice drinks . 12 oz max portion size o FRUIT SMOOTHIE: . Must contain no less than 50% fruit juice o ISOTONIC SPORTS DRINKS, ELECTROLYTE-REPLACEMENT DRINKS: . Can only be served in Middle and Junior High Schools . 12 oz max portion size - High Schools: o At least 50% of available beverages must include… . WATER:  May contain natural or non-caloric sweeteners  No portion size restriction . MILK/ALTERNATIVES:  Reduced-fat milk (2%) or less  Reduced fat enriched rice, nut or soy milk allowed  Flavored milk may contain no more than 4 grams of sugar per oz  12 oz max . JUICE:  May contain no less than 50% fruit and/or vegetable juice  16 oz max . FRUIT SMOOTHIE (Yogurt or Ice based)  Must contain no less than 50% fruit or fruit juice  MAX 400 calories  16 oz max o No more than 50% of available beverages served may include: . Sports drinks, electrolyte-replacement drinks  12 oz max . Diet beverages (including diet soda)  If NSLP participant, considered FMNV and cannot be sold where reimbursable meals are sold and eaten. Restricted access recommended during entire school day.  20 oz max

Updated: January 14, 2008 www.schoolnutrition.org 6 . Fruit juice drinks/ades  12 oz max . Tea drinks  16 oz max o PROHIBITED: Energy drinks (“A beverage containing caffeine and labeled as, but not limited to, an energy drink, mood stimulant, or metabolism enhancer.”)

Maximum Food Portion Sizes: “The Arizona Nutrition Standards” ARS 15-242 (Revised 09/2007) K-8 only Voluntary Arizona Nutrition Standards for High Schools (Final Release: 05.2007)

- K-8 Schools: o FOODS LIST (and maximum portion sizes) . Entrees (cannot exceed served portion size of the NSLP reimbursable meal) . Chips, crackers, popcorn (1.5 oz max) . Trail mix, nuts, seeds, jerky (2 oz max) . Cookies, bars, brownies (2 oz max) . Muffins, sweet rolls, donuts, pastries (3 oz max) . Low fat, non-frozen yogurt (8 oz max) . Frozen desserts, ice cream, pudding (3 oz max) . Cheese (2 oz max) . Candy bars, sports bars, and similar products (must meet all nutrition standards, no max portion size) - High Schools: (Compliance is voluntary) o FOODS LIST (and maximum portion sizes) . Entrees (cannot exceed served portion size of the NSLP reimbursable meal) . Chips, crackers, popcorn (2 oz max) . Trail mix, nuts, seeds, jerky (2 oz max) . Cookies, bars, brownies (2 oz max) . Muffins, sweet rolls, donuts, pastries (4 oz max) . Low fat, non-frozen yogurt (8 oz max) . Frozen desserts, ice cream, pudding (4 oz max) . Cheese (2 oz max) . Fruit based frozen desserts (min 50% fruit/fruit juice) (4 oz max serving) . Candy bars, sports bars, and similar products must meet all standards.

General Vending Rules: “The Arizona Nutrition Standards” ARS 15-242 (Revised 09/2007) K-8 only - All K-8 Schools: o Foods of Minimal Nutritional Value (FMNV) may NOT be sold during the school day. . Includes: Water ices/slushes/popsicles not containing fruit juice; chewing gum; candies processed predominately from sugar or corn syrup sweeteners (e.g., hard candies, licorice, cotton candy, etc…) - High Schools: o Foods of Minimal Nutritional Value (FMNV) may NOT be sold in the food service area where a reimbursable meal is sold or eaten. . Includes: Water ices/slushes/popsicles not containing fruit juice; chewing gum; candies processed predominately from sugar or corn syrup sweeteners (e.g., hard candies, licorice, cotton candy, etc…) ______

Arkansas House Bill 1583 (Act 1220 of 2003) created the Child Health Advisory Committee (CHAC) to develop statewide nutrition and physical activity standards. The bill also mandated banning elementary school students' access to vending machines offering food and soda. The bill further requires schools to report annually to parents and the community the amount and source of funds received and expended from competitive food and beverage contracts.

Updated: January 14, 2008 www.schoolnutrition.org 7 In August 2005, the Arkansas Dept of Education made up the ADE Rules Governing Nutrition and Physical Activity Standards in AK Public Schools which formulated vending and food access rules in public schools. It also mandated that by April of every year, the CHAC must make an updated list of maximum portion sizes and nutrition standards that the ADE sends out via Commissioner Communication Memo.

The standards listed below are accurate as of April 2009. See memo: http://arkedu.state.ar.us/commemos/custview.cgi?filename=4199&sortby=subject

General Vending Rules: Rules Governing Nutrition and Physical Activity Standards…in AK Public Schools (August 2007)  reviewed and unchanged in March 2009 SY2009-2010 Middle/Junior High/High School Allowable Competitive Foods/Beverages – Maximum Portion Size List - All Schools: o “Competitive Foods” definition: . Foods and beverages sold or made available to students that compete with the school’s operation of the NSLP, School Breakfast Program and/or After School Snack Program, including, but not limited to sales in vending venues, school stores, or as part of school fundraisers to students on school premises during the declared school day. o Foods of Minimal Nutritional Value (FMNV) definition: . Includes: Water ices/slushes/popsicles not containing fruit juice; chewing gum; candies processed predominately from sugar or corn syrup sweeteners (e.g., hard candies, licorice, cotton candy, etc…) o Vending Restrictions: . Contracts: New/renewed vending contracts for carbonated and sweetened non-carbonated beverages will be restricted to no more than 12 oz per vended container (after 8.8.2005). Modifications or revisions must be in full compliance with all sections of the “Rules Governing Nutrition…” . Vending portions: All FMNV or competitive food/beverages sold to students will be restricted to no more than 12 oz per vended container. (Large portion sizes may be sold for unsweetened unflavored water.)  Exception: Milk of 1% fat or less has a max portion size of 16 oz. Water may be sold in unlimited quantities. . Fruits: A choice of two fruits and/or 100% fruit juices must be offered for sale whenever competitive foods are sold. Fruits are preferably fresh, or in natural juice, water, or light syrup if canned. . Beverages: At point of choice, at least 50% of beverage selections in vending machines, school stores, and other sales venues shall be100% fruit juice, low-fat/fat-free milk, and plain water. . FMNV: CANNOT be served or sold in the cafeteria, and cannot be purchased with funds from the non-profit school food service account. . Off-Campus: If fundraisers involve food/beverage items that are sold or distributed off campus, these rules do not limit those activities. - Elementary Schools: o Elementary students will not have access to vended food and beverages anytime, anywhere on the school premises during the declared school day o NO FMNV or competitive food are allowed in any context at the school site during the declared school day o The Child Nutrition Program may only sell food items in the cafeteria, during meal periods that are offered as a component of the reimbursable meal and/or are extra meals meeting the same requirements as reimbursable meals. The sale or distribution of extra dessert, French fry, or ice cream servings is prohibited. - Middle/Junior High/High Schools:

Updated: January 14, 2008 www.schoolnutrition.org 8 o NO FMNV or competitive food allowed in any context at the school sites until 30 minutes after the last lunch period has ended. o The only FMNV or competitive food that will be allowed are listed below in the “Allowable Competitive Foods/Beverages” section below, and only up to the maximum portion sizes listed. o The Child Nutrition program may only sell food items in the cafeteria, during meal periods. Food must be 1) a component of a reimbursable meal (extra milk, fresh fruits, vegetables, unsweetened unflavored water and/or 2) another food/beverage item that meets standards of max portion size and/or 3) an extra meal meeting the same requirements as the reimbursable meals. - EXCEPTIONS: For all K-12 Schools o Does not restrict what parents may provide for their own child’s lunch or snacks, but parents may not provide restricted items for other children at school. o Does not restrict school nurses using FMNVs or candy while providing health care to individual students o Does not apply to special needs students whose IEP plan indicates use of an FMNV or candy for behavior modification or other suitable need. o Students may be given any food and/or beverage during the school day for up to nine different events each school year (TBD and approved by school officials). Items may not be given during meal times in areas where school meals are being served/consumed. o Snacks may be provided or distributed by the school as part of a planned instructional program. Snacks should meet USDA Child and Adult Care Snack Patterns. o Foods integrated as a vital part of the instructional program are allowed at any time.

Allowable Competitive Foods/Beverages: SY2009-2010 Middle/Junior High/High School Allowable Competitive Foods/Beverages – Maximum Portion Size List

- WHEN THESE STANDARDS APPLY: o Maximum portion size restrictions and nutrition standards apply to all foods and beverages served, sold, or made available to students on all K-12 school campuses (except for reimbursable school meals).

- Middle/Jr High/High Schools: o ALLOWABLE COMPETITIVE FOODS (and maximum portion sizes) . Chips (baked or no more than 7.5g fat per oz), crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruit, jerky, pretzels (max 1.5 oz) . Cookies (max 1.5 oz) . Cereal bars (max 1.5 oz) . Baker Items (e.g. pastries, muffins, doughnuts; excluding items that count as two bread components served/sold only at breakfast) (max 3 oz) . Frozen Desserts, Ice cream (no more than 10g fat) (max 4 oz) . Yogurt (max 4 oz) o ALLOWABLE COMPETITIVE BEVERAGES (and maximum portion sizes) . Fat free or 1% milk fat milk, flavored or unflavored (max 16 oz) . Fruit Juices or blends of juices with 100% juice (max 12 oz) . Sweetened non-carbonated beverages with less than or equal to 15g sugar per serving and less than or equal to 55mg caffeine per serving (max 12 oz) o ALLOWABLE COMPETITIVE FMNVs (and maximum portion sizes) . Carbonated beverages with less than or equal to 15g sugar per serving and less than or equal to 55mg caffeine per serving (max 12 oz) . Fruit snacks fortified with Vitamin C (max 2.5 oz)

Portion Restrictions for French Fries/Fried Potato Products: SY2009-2010 Middle/Junior High/High School Allowable Competitive

Updated: January 14, 2008 www.schoolnutrition.org 9 Foods/Beverages – Maximum Portion Size List

- Elementary School: . Maximum Serving Size: ¾ cup . Frequency Limitation: 1 time per week - Middle/Jr High School: . Maximum Serving Size: 1 cup . Frequency Limitation: Restricted to a ratio of one to six menu items - High School: . Maximum Serving Size: 1 ½ cups . Frequency Limitation: Restricted to a ratio of one to six menu items . California

Beverage Nutrition and Vending Rules: California Education Code Section 49431.5 - All K-12 Schools: o The governing board of each school district is expected to annually review its compliance with the following nutrition standards and rules. - Elementary Schools: o Beverages allowed for sale: . Fruit/vegetable-based drinks that have at least 50% fruit/vegetable juice. No added sweeteners. . Drinking water with no added sweetener. . Milk with 2% milk fat or less. Soy milk, rice milk, similar nondairy milks. o Vending machines: . May be used to sell drinks meeting the above standards at any time. o If standards are NOT met, school may permit sale if: . The sale is part of a school fundraising event, the items are sold by pupils of the school and the sale takes place off of and away from the school premises . The items are sold by pupil of the school and sale takes place at least one- half hour after the school day. - Middle/Jr High Schools: o Beverages allowed for sale within half an hour before/after the school day: . Fruit/vegetable-based drinks that have at least 50% fruit/vegetable juice. No added sweeteners. . Drinking water with no added sweetener. . Milk with 2% milk fat or less. Soy milk, rice milk, similar nondairy milks. . An electrolyte replacement beverage that contains no more than 42g added sweetener per 20 oz. o Vending machines: . May be used to sell drinks meeting the above standards at any time. . May be used to sell drinks that do not meet the above standards as long as access is restricted half an hour before school until half an hour after school. o If standards are NOT met, school may permit sale if: . Sale occurs at a school-sponsored event at least one-half hour after the school day. . Vending machines, pupil stores, and cafeterias are used later than one-half hour after the school day. - High Schools: o By July 1, 2009 all beverages sold to pupils from half an hour before and after the school day must meet the Middle/Jr High standards.

Snack Nutrition and Vending Rules: California Education Code Section 49431.1-4 (2005) SB 490 (June 27, 2007) (in green) CA Code of Regulation 15500-15501 (in blue)

Updated: January 14, 2008 www.schoolnutrition.org 10 - All K-12 Schools: o Starting July 1, 2009, a school may not sell food through vending machines or school food service establishments containing artificial trans fats or use food containing artificial trans fat to prepare food items served to pupils. (Does not apply to USDA meal program) . A food is considered to contain artificial trans fat if it contains any kind of partially hydrogenated vegetable oil, unless it is officially labeled as having less than 0.5 g trans fat per serving. . A “school food establishment” is a place that regularly sells or serves a food item or meal on a school campus. . If the Commission on State Mandates determines this act contains costs mandated by the state, reimbursement to agencies and school districts will be made according to Part 7 of Div 4 Title 2 of the Govt Code. o The governing board of each school district is expected to annually review its compliance with the following nutrition standards and rules. - Elementary Schools: o Foods that may be sold to a pupil during the school day: . Full USDA reimbursable meals and individually sold portions of nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruit, vegetables that have not been deep fried, and legumes (no nutrition restrictions). o Individually sold dairy or whole grain food items sold outside the USDA meal program must meet the following standards: . No more than 35% total calories from fat . No more than 10% total calories from saturated fat . No more than 35% total weight from sugar, including naturally occurring and added sugar . No more than 175 calories per individual food item o If these standards are NOT met, individual dairy and whole grain food items can still be sold if: . The items are sold by pupils of the school and the sale takes place off of and away from school premises . The items are sold by pupils of the school and the sale takes place at least a half hour after the end of the school day o Food Sales by Pupil Organizations: . The sale and the single food item to be sold must be approved by school district’s governing board or county superintendent of schools . Sale may not begin until after the midday food service period. . If the sale takes place during the regular school day, the item may not be prepared on the premises. The item must be a dessert type food and cannot be one sold in the food service program at that school that school day. . There can be no more than 4 of these sales per year per school. - Middle/Jr High/High Schools: o Snack Standards: Food must contain . No more than 35% total calories from fat  Exceptions: nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruits, non-deep fried vegetables, legumes . No more than 10% total calories from saturated fat  Exceptions: eggs, cheese packaged for individual sale . No more than 35% total weight from sugar, including naturally occurring and added sugar  Exceptions: fruits, non-deep fried vegetables . No more than 250 calories per individual food item (non-entrée item) . Entrée: A la carte entrée items shall contain a maximum of 400 calories, shall have no more than 4 grams of fat per 100 calories, and by categorized as entrée items in the SBP or NSLP.

Updated: January 14, 2008 www.schoolnutrition.org 11 o If these standards are NOT met, food items can still be sold if . The sale of those items takes place off of and away from school premises . The sale of those items takes place on school premises at least one-half hour after the end of the school day . The sale of those items occurs during a school-sponsored pupil activity after the end of the school day. o Food Sales by Pupil Organizations: . The governing board of a district or a county superintendent must approve the sale and the food items to be sold. . If the sale takes place during the regular school day, the item may not be prepared on the premises. They cannot be food items sold by the district in the food service program at that school during that day. . The sales may occur at any time during the school day as long as only one organization each school day is selling more than three types of food or beverage items and/or student organizations conduct no more than four food sales during a school year in each school and such sales are held on the same four days for any or all organizations. ______

Colorado

Beverage Nutrition and Vending Rules: Colorado SB 08-129 (2008) (in red) CO State Board of Edu “Rules for Admin of Healthy Bevgs” (2008) - All K-12 Schools: . By July 1, 2009 all school board districts and the state charter school institute are required to adopt beverage standards that at minimum meet the following state standards (based on the Alliance for a Healthier Generation voluntary beverage guidelines). . Rules do not apply to NSLP or SBP beverages. . Rules apply to regular and extended school day (includes but is not limited to before and after school activities). . “Sale of beverages” includes but is not limited to: school cafeterias, vending machines, school stores, and fundraising activities conducted on school campuses. . These standards apply to beverage contracts entered into or renewed by a school district on or after July 1, 2009. . School-related events where parents and other adults are a significant part of an audience are exempt from these rules. (School plays, band concerts, etc…) - Elementary Schools: o Beverages allowed for sale: . WATER (bottled) . MILK:  Up to 8 oz fat free or low-fat. Includes nutritionally equivalent milk alternatives (per USDA)  Up to 8 oz fat free or low-fat nutritionally equivalent flavored milk. Up to 150 cal per 8 oz. . JUICE:  Up to 8 oz servings 100% juice. No added sweeteners.  Up to 120 cal per 8 oz. - Middle/Jr High Schools: o Beverages allowed for sale: . WATER (bottled) . MILK:

Updated: January 14, 2008 www.schoolnutrition.org 12  Up to 10 oz fat free or low-fat. Includes nutritionally equivalent milk alternatives (per USDA)  Up to 8 oz fat free or low-fat nutritionally equivalent flavored milk. Up to 150 cal per 8 oz. . JUICE:  Up to 10 oz servings 100% juice. No added sweeteners.  Up to 120 cal per 8 oz. o Exception: If middle and high school students have shared access to a common campus or buildings, the school community may adopt the high school standard - High Schools: o Beverages allowed for sale: . WATER (bottled) . MILK:  Up to 12 oz fat free or low-fat. Includes nutritionally equivalent milk alternatives (per USDA)  Up to 12 oz fat free or low-fat nutritionally equivalent flavored milk. Up to 150 cal per 8 oz. . JUICE:  Up to 12 oz servings 100% juice. No added sweeteners.  Up to 120 cal per 8 oz. . NO/LOW CAL BEVERAGES: (e.g., diet teas, fitness/flavored waters, etc…)  Up to 10 cal per 8 oz  NO diet sodas . At least 50% of non-milk beverages must be water and no/low cal options

Policies Concerning Competitive Foods:

Statute 22-32-136 (2008) encourages local districts to adopt policies ensuring that every child has access to healthful food choices in the cafeteria, in vending machines, and in fundraising food activities. The statute also encourages districts to provide information regarding the nutritional contents of the foods sold in the school cafeterias and the vending machines. Statute 22-32-136 also encourages local districts to establish rules for when and where competitive foods may be sold on school property.

Regulation 2202-R-203 (1998) prohibits the operation of competitive food or beverage services that are in competition with the district’s foodservice program. Competitive foodservices must be closed one-half hour prior to and remain closed until one-half hour after the last regular scheduled school lunch and/or school breakfast period on the campus during which school lunches and breakfasts are served. This restriction, however, may be waived for the competitive foodservice of mechanically vended beverages offered to senior high school students.

Connecticut

* For a convenient chart of the Connecticut Food and Beverage Nutrition standards, go here

General Standards and Rules: Connecticut Nutrition Standards (Revised December 2008) - The CSDE is required to publish updated nutrition standards by January 1 of each year. The most recent version of the standards is available here. - Because of dubious nutritional value, products that are significantly fortified or contain nutrition supplements are not on CSDE’s List of Acceptable Foods and Beverages, regardless of whether their nutrition content meets the standard requirements.

Beverage Nutrition and Vending Rules: CT Statute Ch 170, Sect 10-221q (2006) Connecticut Nutrition Standards (Revised December 2008) - All K-12 Schools:

Updated: January 14, 2008 www.schoolnutrition.org 13 o Only the following beverages are allowed in any K-12 school from any source, including but not limited to school stores and cafeterias, vending machines, and any fund-raising activities on school premises. . MILK AND ALTERNATIVES:  May be flavored. No artificial sweeteners. No more than 4g sugar per oz.  Nondairy milk may have no more than 35% calories from fat per portion and no more than 10% calories from saturated fat per portion. . JUICE:  100% fruit/vegetable juice. No added sugars, or (artificial or natural) sweeteners.  Or beverages with only water and fruit/vegetable juice. *No water and juice beverages currently meet this requirement because of additional ingredients.* . WATER:  May be flavored. No added sugars, (artificial or natural) sweeteners, or caffeine. . Max portion sizes for all above drinks (except water) is 12 oz. . Carbonated/aerated water and juice beverages can only be sold if they meet state requirements for the appropriate beverage category. If they have not been exempted by USDA from federal FMNV definition they can NOT be sold during meal periods. o Each district board of education or governing authority may permit at schools under its jurisdiction the sale of beverages that are not listed below provided that: . Such sale is at the location of and in connection with an event occurring after the regular school day or the weekend. . The beverages are NOT sold from a vending machine or school store.

Food Nutrition and Vending Rules: Connecticut Nutrition Standards (Revised December 2008) CT Statute Ch 169, Sect 10-215f (2006) (in red) CT Statute Ch 170, Sect 10-221p (2006) (in blue) - All K-12 Schools: o All standards listed below are effective July 1, 2009. Applicable to all foods sold separately from SBP or NSLP. Food standards are voluntary. o All local/regional boards of education that participate in NSLP shall certify in its annual application to the Dept of Ed for school lunch funding whether all food items for sale to students (and not exempted) will meet these standards. . If food sales occur at an event after the end of the regular school day or on the weekend, and the sale is not made from a vending machine or school store, the sale is exempt from certification. . Incentive: Healthy food certified districts receive an additional 10 cents per lunch, based on the total number of reimbursable lunches served in the prior year. o Each local/regional board must make nutritious and low-fat foods (such as low-fat dairy products and fresh fruit) available for purchase by students at all times when food is available for purchase in such schools during the regular school days.

School Snack/Dessert Guidelines: Connecticut Nutrition Standards (Revised December 2008) - All Schools: o FOODS UNDER THIS CATEGORY (and maximum serving sizes that may be provided/sold) . Baked chips, popcorn, rice cakes, puffed snacks (1.25 oz max) . Crackers, hard pretzels, pita chips, snack mix (1.75 oz max) . PB-filled crackers (including graham) and cheese-filled crackers (1.5 oz max)

Updated: January 14, 2008 www.schoolnutrition.org 14 . Trail mix, nuts, seeds, soy nuts (1.75 oz max) . Jerky (1.25 oz) . Cereals (2 oz max) . Cookies, animal or graham crackers, cereal or granola bars (2 oz max) . Bakery items, e.g. (toaster)pastries, muffins, bagels, soft pretzels (3 oz max) . Low-fat frozen desserts, low-fat ice cream and pudding, fruit bowls (4 fl oz max) . Pudding, parfaits and cottage cheese (4 fl oz max) . Yogurt and cultured soy (8 oz max) . Smoothies (made with low-fat yogurt, low-fat dairy alt. and/or fruit/juice) (10 fl oz max) . Cheese (low-fat recommended), including natural cheese, pasteurized blended cheese, pasteurized processed cheese (2 oz) . Nut butters (2 tbsp)

o NUTRITION STANDARDS: Food must contain . Fat: No more than 35% total calories AND max 7g fat per package. No chemically altered substitutes.  Exceptions: nuts, nut butters, seeds, eggs, cheese served in specified portion sizes . Saturated Fat: No more than 10% total calories AND max 2g per pack  Exceptions: Nuts, seeds, nut butters, cheese . Zero trans fats (less than 0.5 gram) . Added sugars: No more than 35% by weight AND max 15g per package (excludes naturally occurring sugars in fruits, vegetables, and dairy products.)  Exceptions: Yogurt, pudding = max 5g total sugars per oz. Smoothies = max 5g total sugars per fl oz. . No artificial sweeteners or sugar alcohols. . Sodium: No more than 500mg per package . Caffeine: None allowed, with the exception of trace amounts of naturally occurring caffeine-related substances. . Condiments: Limit use and provide low-fat, low-sugar, and low-sodium varieties. o RECOMMENDATIONS: . Schools should encourage the availability of whole grains and foods containing fiber. . Limit grain-based snack items made from enriched flour.

Entree Guidelines: Connecticut Nutrition Standards (Revised December 2008) - All Schools: o If an entrée item that is planned and served as part of a USDA reimbursable school meal for the day is also sold a la carte on the same day, it does not need to meet any other nutrition standards. Portion sizes shall not be larger than portion served as part of the reimbursable meal for the appropriate age/grade group.

o NUTRITION STANDARDS: For other non-USDA a la carte entrees . Portion size: Shall not be larger than the serving size that would normally be served as part of a reimbursable meal for the appropriate age/grade group under the USDA meal pattern. . Fat: No more than 18g per entrée. No chemically altered fat substitutes. . Saturated fat: No more than 5g per entrée. . Trans fats: Zero trans fats (less than 0.5 gram)

Updated: January 14, 2008 www.schoolnutrition.org 15 . Added sugars: No more than 15g per entrée. No artificial sweeteners or sugar alcohols. . Sodium: No more than 500mg per entree . Caffeine: None allowed, with the exception of trace amounts of naturally occurring caffeine-related substances. . Condiments: Limit use and provide low-fat, low-sugar, and low-sodium varieties. o RECOMMENDATIONS: . Schools should increases choices of entrees with whole grains and foods containing fiber. . Cooked Grain Guidelines: Connecticut Nutrition Standards (Revised December 2008) - All Schools: o NUTRITION STANDARDS: For other non-USDA a la carte entrees . Portion size: Shall not be larger than the serving size that would normally be served as part of a reimbursable meal for the appropriate age/grade group under the USDA meal pattern. . Fat: No more than 7g per serving. No chemically altered fat substitutes. . Saturated fat: No more than 2g per serving. . Trans fats: Zero trans fats (less than 0.5 gram) . Added sugars: No more than 15g per serving. No artificial sweeteners or sugar alcohols. . Sodium: No more than 500mg per entree . Caffeine: None allowed, with the exception of trace amounts of naturally occurring caffeine-related substances. . Condiments: Limit use and provide low-fat, low-sugar, and low-sodium varieties. o RECOMMENDATIONS: . Schools should increases choices of whole grains and naturally occurring grains.

Soup Guidelines: Connecticut Nutrition Standards (Revised December 2008) - All Schools: o NUTRITION STANDARDS: For other non-USDA a la carte entrees . Portion size: Not to exceed 1 cup . Fat: No more than 7g per serving. No chemically altered fat substitutes. . Saturated fat: No more than 2g per serving. . Trans fats: Zero trans fats (less than 0.5 gram) . Added sugars: No more than 15g per serving. No artificial sweeteners or sugar alcohols. . Sodium: No more than 1,000mg per entree . Caffeine: None allowed, with the exception of trace amounts of naturally occurring caffeine-related substances. . Condiments: Limit use and provide low-fat, low-sugar, and low-sodium varieties. o RECOMMENDATIONS: . Schools should increase choices of soup containing vegetables, legumes and whole grains.

Fruit and Vegetable Guidelines: Connecticut Nutrition Standards (Revised December 2008) - All Schools: o “ Quality”: Fruits and vegetables prepared and packaged without added fats, sugars or sodium. o NUTRITION STANDARDS: For other non-USDA a la carte entrees

Updated: January 14, 2008 www.schoolnutrition.org 16 . Portion size: At least ½ cup of quality. ½ cup max of non-quality. Dried fruit should be limited to 1.5 oz. . Fat: No more than 35% total calories AND 7g per serving. No chemically altered fat substitutes. . Saturated fat: No more than 10% total calories AND 2g per serving. . Trans fats: Zero trans fats (less than 0.5 gram) . Added sugars: No more than 35% by weight and 15g per serving. No artificial sweeteners or sugar alcohols. . Sodium: No more than 500mg per entree . Caffeine: None allowed, with the exception of trace amounts of naturally occurring caffeine-related substances. . Condiments: Limit use and provide low-fat, low-sugar, and low-sodium varieties.

Other Food Policies:

The State Board of Education's Position Statement on Nutrition and Physical Activity (2005) states that local school boards should establish policies and procedures that, make decisions regarding the sale and use of foods and beverages at school-sponsored activities (such as fundraisers, parties, and sports events) based on healthy eating goals." Nutrition goals should also be incorporated into school improvement plans.

For all districts participating in USDA’s National School Lunch Program, School Breakfast Program, After- School Snack Program or Special Milk Program, Section 10-215b-1(no link available) of the Regulations of Connecticut State Agencies prohibits the sale of candy from thirty minutes before the start of any state or federally subsidized milk or food service program until thirty minutes after such program. If the district implements healthy food certification, the sale of candy is prohibited at all times. Section 10- 215b-23 (no link available) of the Regulations of Connecticut State Agencies specifies that the income from the sale to students of food and beverages anywhere on the school premises during this timeframe must accrue to the school food authority for the benefit of the school food service programs. ______Delaware Administrative Code 14:852 (2004) requires each school district to implement a Child Nutrition Policy that minimally provides nutritious and balanced meals, purchasing practices that ensure the use of quality products, and adequate time to eat breakfast and lunch.

Administrative Code 14:852 requires “foods sold in addition to meals be selected to promote healthful eating habits and exclude those foods of minimal nutritional value.” ______Florida

General Nutrition and Vending Rules: Administrative Code 6A-7.0411 (2000)

- School Food Service: o School districts are responsible for adopting policies coverall all phases of the district school food service program. In addition to providing reimbursable lunches and breakfast, if desired, supplemental foods which make a nutritional contribution to these meals may also be provided. o School districts are responsible for controlling the sale of food and beverage items in competition with the foodservice program - Competitive Foods: o Allowed for sale in secondary schools only with the approval of the school board. o Includes FMNVs. o Only allowed one hour after the close of the last lunch period.

Updated: January 14, 2008 www.schoolnutrition.org 17 o All proceeds from competitive food sales must accrue to the food service program or to a school organization approved by the school board. - Competitive Beverages: o Non-carbonated beverages, including 100% fruit juice, may be sold at all times during the day at any location. o School board may allow the sale of carbonated beverages to high school students by a school activity/organization authorized by the principal at all times. 100% fruit juice beverage must be sold at each location where carbonated beverages are sold. . Carbonated beverages may NOT be sold where breakfast or lunch is being served or eaten. o All proceeds from competitive food sales must accrue to the food service program or to a school organization approved by the school board.

2006 Legislative Changes Regarding School Wellness Policies and Nutrition Guidelines Senate Bill 772 was passed by the 2006 Florida State Legislature and was signed into law as Chapter 2006-301, Laws of Florida, by Governor Bush on June 25, 2006. Section 18 of the bill creates Section 1003.453, Florida Statutes, school wellness and physical education policies and nutrition guidelines.

Section 1003.453 Section 18 of the Florida Statues (2006) requires each school district to submit to the Dept of Ed a copy of its school wellness policy and a copy of its physical education policy. The districts must annually review these policies and send in any chances. As required in the statute, the Florida Department of Education Office of Food and Nutrition Management now has links to Florida District Wellness Policies at the following web site. http://www.fldoe.org/FNM/wellness/localpolicies.asp . The law also mandates specific wellness and nutrition information the Dept of Ed must have on its website.

______

Georgia

General Nutrition and Vending Rules: GA SBOE Rule 160-5-6-.01 (2002)

- School Food Service: o Each local board of education shall maximize student participation and quality meals in the school nutrition program by having all schools participate in a state-approved nutrition program - Competitive Foods: o Sale of FMNVs shall be prohibited by the local school board in elementary schools from the beginning of the school day to the end of the last lunch period. o Sale of FMNVs shall be prohibited by the local school board in all schools in the dining, serving, and kitchen areas during mealtime.

Hawaii

General Nutrition and Vending Rules: HI BOE Policy 6810 (2004) (in black) HRS 302A-1146 (2004) (in red) Hawaii Wellness Guidelines (in blue) Hawaii School Nutrition Standards (in teal)

- Competitive Foods Vending Rules: o No public schools may operate stores or sell merchandise except for school lunches, milk, ice cream, candy, and products made from the school, without permission from the DOE.

Updated: January 14, 2008 www.schoolnutrition.org 18 o Competitive foods allowed for sale in elementary and secondary schools is limited to approved cafeteria supplementary items, and food prepared by culinary arts classes as part of their educational program. o Sale of competitive foods is not permitted during the school day except for principal- approved all-school events. - Competitive Foods Nutrition Rules: o All foods sold to students must comply with current USDA Dietary Guidelines o Nutrition information must be readily available near the point of purchase. o The following items are NOT to be sold anywhere on school property: . FMNVs as defined by the USDA . All foods listing sugar in any form as the first ingredient (such as candy) . Foods containing trans fats o All snack items sold or served on school property, including items from a la carte lines and fundraisers, provided in classrooms, or served in the reimbursable After School Snack Program must meet the following standards: . NO more than 8g total fat per serving (except nuts and seeds) . NO more than 2g saturated fat per serving . NO more than 200 calories . NO more than 200 mg . NO more than 8g sugar . Preferably at least 2g dietary fiber (not required) - Competitive Beverages: o Beverage selections in vending machines shall only contain healthy beverages as approved by the Dept of Ed and must comply with current USDA Dietary Guidelines. o Sale of approved beverages via vending machines allowed throughout the day EXCEPT during meal serving periods when only water may be sold. o Approved Beverages for All Students: . Water without flavoring, additives or carbonation . 100% fruit juice . Low-fat and nonfat milk:  Lactose-free and soy beverages are included  Flavored milk with no more than 22g of total sugar per 8 oz portion . Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances o Approved Beverages for Secondary Students After School: . All of the above beverages, plus: . Non-caffeinated, non-fortified beverages with less than 5 cal per portion as packaged (with or without nutritive sweeteners, carbonation, or flavoring) . Sports drinks are not available in the school setting except when provided by the school for student athletes participating in sport programs involving vigorous activity of more than one hour’s duration. - Competitive Beverages Nutrition Rules: o All beverages sold to students must comply with current USDA Dietary Guidelines o Nutrition information must be readily available near the point of purchase. o The following items are NOT to be sold anywhere on school property: . Beverages defined as FMNVs by the USDA . All beverages listing sugar in any form as the first ingredient . Beverages containing trans fats o All beverage items sold or served on school property, including items from a la carte lines and fundraisers, provided in classrooms, or served in the reimbursable After School Snack Program must meet the following standards: . NO more than 8g total fat per serving . NO more than 2g saturated fat per serving . All beverages, except for water and 1% or less fat milk, may not exceed 12 oz.

Updated: January 14, 2008 www.schoolnutrition.org 19 . Products containing 2% milk fat or more may not exceed 8 oz . Limit sugar ______

Idaho

No state policies. ______

Illinois

General Nutrition and Vending Rules: 23 IL Administrative Code Ch 1 Sect 305.15 (effective 2008)

- All K-8 Schools: o Competitive Beverages allowed to be sold: . MILK: Flavored or plain; whole, reduced fat, low-fat, or nonfat fluid milk that meets state and local standards for pasteurized fluid milk . ALT. DAIRY: Reduced fat and enriched alternative dairy beverages (USDA approved) . JUICE: Must contain at least 50% fruit/vegetable juice . WATER: non-flavored, non-sweetened, non-carbonated . FRUIT SMOOTHIE (yogurt or ice based):  Less than 400 calories with no added sugars  Made from fresh/frozen fruit or fruit drinks with at least 50% fruit juice . Any beverage exempted from USDA’s list of FMNVs (State Board of Ed will notify schools of these exemptions every January) o Competitive Food allowed to be sold outside of food service areas or within food service areas other than during meal periods: . Any nuts, seeds, nut butters, eggs, cheese packaged for individual sale, fruits or non-fried vegetables, low-fat yogurt products . Other foods are allowed if all of the following:  Total calories from fat do NOT exceed 35%  Total calories from saturated fat do NOT exceed 10%  Total amount of sugar by weight does NOT exceed 35%  Calories do not exceed 200 . **Any school with K-5 classes must prohibit the sale to students of all confections, candy and potato chips during meal periods. - Application of Standards: o Standards do NOT apply to food or beverage items sold as part of a reimbursable meal or to foods sold within food service areas during meal periods. o Standards apply before school and during the regular school day. o Standards do NOT apply to food or beverage items sold to a student who presents a written recommendation for that food or beverage item signed by a licensed physician. o If a school serves students in both grades 8 and below and grades 9 and above, the school shall ensure that food and beverage sales to students in grades 8 and below meet the standards. o **All revenue from sales of competitive food or beverages shall accrue to the nonprofit school lunch program account.

Note: The Illinois State Wellness Policy Task Force has updated their recommendations for Statewide Nutrition Standards as of January 2007. The recommendations, however, have not yet been written into law. ______

Updated: January 14, 2008 www.schoolnutrition.org 20 Indiana

Competitive Food and Beverage Standards: Indiana Administrative Code 20-26-9-19 (2006)

- General Rules: o A vending machine at an elementary school may NOT be accessible to students. o At least 50% of the food and beverage items available for sale at a school or on school grounds must qualify as better choice foods and beverages. o These rules and standards do NOT apply to food or beverage items that are: . part of the NSLP or SBP; . sold in an area inaccessible to students; . sold after normal school ours; or . sold or distributed as part of a fundraiser conducted by students, teachers, school groups, or parent groups, if the food or beverage is not intended for student consumption during the school day. o These rules and standards DO apply to food or beverage items sold in the a la carte line of a school cafeteria that are not part of the NSLP or SBP.

- K-12 Standards: o “Better Choice” Competitive Beverages: . MILK: Low-fat and fat free. Includes chocolate, soy, rice, and other similar dairy and nondairy calcium fortified milks. . JUICE: Must contain at least 50% fruit/vegetable juice. No additional caloric sweeteners. . WATER: And seltzer water. May not contain additional caloric sweeteners. . Isotonic beverages . A beverage item available for sale at a school or on school grounds may not exceed 20 oz. o “Better Choice” Competitive Foods: . May not have more than 30% total calories from fat . May not have more than 10% total calories from saturated and trans fat . May not have sugars make up more than 35% of their weight  Not counting the naturally occurring sugars in fruits, vegetables, and dairy products. . If a food item contains more than 210 calories, the item may not exceed the following portion limits:  For potato chips, crackers, popcorn, cereal, trail mixes, nuts, seeds, dried fruit, and jerky = 1.75 oz  For cookies and cereal bars = 2 oz  For bakery items (e.g., pastries, muffins, and donuts) = 3 oz  For frozen desserts, including ice cream, = 3 fl oz  Non-frozen yogurt = 8 oz  For entrée and side dish items, including French fries and onion rings, the food item may not exceed the portion of the same entrée or side dish item that is served as part of the NSLP or SBP. ______

Iowa

Competitive Food and Beverage Standards: Iowa Administrative Code 281 Ch 58.9-11 (2009) [pp. 2618-2620] - General Rules: o School districts that offer a la carte, vending, and regulated fundraising items shall ensure that those offerings include at least two fruits or non-fried vegetables, with no more than one being a juice option.

Updated: January 14, 2008 www.schoolnutrition.org 21 o The nutrition standards below apply to food or beverage items that are: . Sold in the vending machines . Sold as a la carte items . Sold as part of regulated fundraising (fundraising on school property targeted primarily to PK-12 students by or through other PK-12 students, student groups, school organizations, or on-campus school stores). . Any other food sold or provided on the school grounds of any school during the school day that is not part of the SBP or NSLP. o The nutrition standards below do NOT apply to food or beverage items: . That are part of the SBP or NSLP . Sold as part of other fundraising events . Sold at concession stands . Provided by parents, other volunteers, or students for class events (may be regulated by school board) . Provided by staff for consumption by staff or students (may be regulated by school board)

- Nutrition Standards: o NSLP Items: . NSLP entrée or side items that are sold a la carte do not need to meet any additional standards as long as they are offered in the same portion sizes and frequencies per week as they appear on the NSLP menu. o Other Food Items: . Calories: 400 cal max for entrée items, 200 cal max for other items . Sodium: 600mg/serving max for entrée items, 400mg/serving max for others . Sodium starting 2014: 480mg/serving max for entrees, 200mg/serving max for others . Saturated fat: 10% total calories max (excluding reduced-fat cheese) . Trans fat: 0.5g/serving max . Total fat: 35% total calories max (excluding nuts, seeds, nut butters, reduced-fat cheese) . Sugar: 35% total calories max (excluding fruits and yogurts) . Dietary Fiber/whole grain: 50% grains offered must be whole grain o Beverages: . MILK:  Low fat/non fat regular or flavored with no nonnutritive sweeteners  Max 27g sugar/8 oz (2014), 24g (2017), 22g (2020) . JUICE:  100% fruit/vegetable juice  No added sweeteners . WATER:  No added nonnutritive sweeteners . SPORTS DRINKS/FLAVORED WATER:  None to be made available to elementary school students during the school day . CAFFEINATED BEVERAGES:  None to be made available to elementary students during the school day with the exception of beverages that contain trace amounts of naturally occurring caffeine-related substances (e.g., chocolate milk) . SODAS/CARBONATED BEVERAGES:  None to be made available to any students during the school day ______

Kansas

Updated: January 14, 2008 www.schoolnutrition.org 22 Kansas SB 154 (June 2005) SB 154 was signed by the governor and chaptered on June 6, 2005. The bill requires the state board of education to develop nutrition guidelines for all foods and beverages made available to students in Kansas’s public schools during the school day. Local school districts should take the state guidelines (summarized below) into account when developing local wellness policies, as required by federal law.

KS SCHOOL WELLNESS POLICY MODEL GUIDELINES: NUTRITION STANDARDS (Fall 2005) - Basic Level: o A la carte: . Items should comply with the USDA regulations prohibiting FMNV sales where school meals are served or eaten during the meal period. o Vending: . Items sold should comply with USDA regulations prohibiting FMNV sales where school meals are served or eaten during the meal period. o During the School Day: . Items should comply with the USDA regulations prohibiting FMNV sales where school meals are served or eaten during the meal period. o After School: . Snacks served under the USDA After School Care Snack Program comply with all applicable federal regulations and state policies

- Advanced Level Food Standards: o A la carte: (sold by food service program outside SBP and NSLP) . Allowed Portion Sizes:  Limited to the same portion size of any food item served that day in the NSLP or SBP . Allowed Foods:  Fruits and/or vegetables  Yogurt  Other items- at least 50% of items offered must meet all of the following guidelines per serving: o Fat: 35% total calories max or less than 4g per 100 cal (except for nuts, seeds, nut butters) o Sugar: 35% total weight max or less than 9g per 100 cal (except for fruit without added sugar) o Calories: 200 calories max per selling unit o Vending Machines and School Stores: . FMNVs cannot be sold on school property in areas accessible to students  In elementary and middle schools until after the end of the school day  In secondary schools until one hour after the last lunch period . Allowed Foods:  At least 50% of items offered must meet the following guidelines per selling unit: o Fat: 35% total calories max or less than 4g per 100 cal (except for nuts, seeds, nut butters) o Sugar: 35% total weight max or less than 9g per 100 cal (except for fruit without added sugar) o Calories: 200 calories max per selling unit o During the School Day: (all classroom activities, fundraisers, intramural events) . Students may have individual water bottles in the classroom

Updated: January 14, 2008 www.schoolnutrition.org 23 . Food and beverages for classroom parties, celebrations, and rewards will meet the same guidelines as Advanced level a la carte foods and will not be provided until at least one hour after the end of the last lunch period. . At least 50% of fundraising activities will not involve the sale of food or beverages. . Fundraising activities involving the sale of food or beverages will not take place until the end of the last lunch period. . Refreshments provided for students participating in school events adhere to the Advanced guidelines for vended foods and beverages. . Parents, teachers, and organizations are informed about the guidelines and encouraged to follow them. o After School: . “Snack” means two or more items that are served as a unit. On at least 3 days of the week, snacks meet the following standards:  Fat: 35% total calories max or less than 4g per 100 cal (except for nuts, seeds, nut butters)  Sugar: 35% total weight max or less than 9g per 100 cal (except for fruit without added sugar)

- Advanced Level Beverage Standards: o Beverages allowed for a la carte: . Water, non-caloric . Milk with less than 360 calories . Soy or rice beverages with 35% max weight from total sugar (or less than 9g per 100 cal) . 50-100% juice o Allowed beverages for vending machines and school stores: . Water, non-caloric . Milk with less than 360 calories . Soy or rice beverages with 35% max weight from total sugar (or less than 9g per 100 cal) . 50-100% juice . Electrolyte replacement beverages that contain max 48g sweetener per 20 oz selling unit may be offered in drink machines located near high school athletic training centers o Beverage Rules for school-day activities: . See Advanced Level Food Standards “During the School Day” rules listed above. o After School Programs: . See “After School Programs” rules under the Advanced Level Food Standards listed above.

- Exemplary Level Food Standards: o A la carte: (items sold by food service program other than SBP and NSLP meals)

. Allowed Portion Sizes:  Limited to the same portion size of any food item served that day in the NSLP or SBP . Allowed Foods:  Fruits and/or vegetables  Low-fat and/or nonfat yogurt  Other items- All items offered must meet all of the following guidelines per serving: o Fat: 35% total calories max or less than 4g per 100 cal (except for nuts, seeds, nut butters)

Updated: January 14, 2008 www.schoolnutrition.org 24 o Sugar: 35% total weight max or less than 9g per 100 cal (except for fruit without added sugar) o Calories: 200 calories max per selling unit o Vending Machines and School Stores: . FMNVs cannot be sold on school property in areas accessible to students  In elementary and middle schools  In secondary schools until after the end of the school day . Allowed Foods:  All items offered must meet the following guidelines per selling unit: o Fat: 35% total calories max or less than 4g per 100 cal (except for nuts, seeds, nut butters) o Sugar: 35% total weight max or less than 9g per 100 cal (except for fruit without added sugar) o Calories: 200 calories max per selling unit o During the School Day: (all classroom activities, fundraisers, intramural events) . Students are encouraged to have individual water bottles in the classroom . Food and beverages for classroom parties, celebrations, and rewards will meet the same guidelines as Exemplary level for a la carte foods and will not be provided until at least one hour after the end of the last lunch period. . At least 75% of fundraising activities will not involve the sale of food or beverages. . Fundraising activities involving the sale of food or beverages will not take place until the end of the last lunch period. . Refreshments provided for students participating in school events adhere to the Exemplary guidelines for vended foods and beverages. . Parents, teachers, and organizations are informed about the guidelines and encouraged to follow them. o After School: . “Snack” means two or more items that are served as a unit. On all days of the week, snacks meet the following standards:  Fat: 35% total calories max or less than 4g per 100 cal (except for nuts, seeds, nut butters)  Sugar: 35% total weight max or less than 9g per 100 cal (except for fruit without added sugar)

- Exemplary Level Beverage Standards: o Beverages allowed for a la carte: . Water, non-caloric . Only low-fat (1% or ½%) and/or skim (nonfat) milk . Soy or rice beverages with 35% max weight from total sugar (or less than 9g per 100 cal) . 100% juice o Allowed beverages for vending machines and school stores: . Water, non-caloric . Only low-fat (1% or ½%) and/or skim (nonfat) milk . Soy or rice beverages with 35% max weight from total sugar (or less than 9g per 100 cal) . 100% juice . Electrolyte replacement beverages that contain max 48g sweetener per 20 oz selling unit may be offered in drink machines located near high school athletic training centers o Beverage Rules for school-day activities: . See Exemplary Level Food Standards “During the School Day” rules listed above. o After School Programs:

Updated: January 14, 2008 www.schoolnutrition.org 25 . See “After School Programs” rules under the Exemplary Level Food Standards listed above.

KS SCR 1604 (Research) is a resolution chaptered on June 6, 2005, that would request that the department of education, in cooperation with other entities, study the state's public schools with regard to school food programs, the availability of other food items available on school grounds, any available classes on health and physical activities intended to promote healthy bodies and physical fitness, and to report to the legislature their findings and recommendations for improving the diets and physical well being of students. http://www.kn- eat.org/SNP/SNPDocs/Polices_and_Guidance/KSDE_Memos/2005_KSDE_Nutrient_Standards.pdf

Statute 72-5122 (1973) allows the state board to conduct studies to improve and expand foodservice programs in schools in order to promote nutritional education. Further, the state board may conduct appraisals of the nutritive benefits of foodservice programs. ______Kentucky

SB 172 requires the Kentucky Board of Education to promulgate regulations for the nutritional content of foods and beverages sold outside of meals. Schools are required to follow minimum specified standards unless a waiver has been requested by the district for the school and approved by the KBE. The minimum nutritional standards for foods and beverages available on public school campuses during the school day were codified by the KBE in 2006 in 720 KAR 6:090.

New Guidelines for Competitive Food and Beverages: Alternative guide to the new KY standards Kentucky SB 172, in law as KRS 158.854 (June 2005) in black 720 KAR 6:090 (2006) in blue

- General Competitive Food Vending Rules o Each school shall limit access to retail fast foods in the cafeteria, whether sold by contract, commercial vendor, or otherwise, to no more than one day a week. (Effective 06-07 school year) o No school may sell competitive food or beverages from the time of the arrival of the first student at the school until thirty minutes after the last lunch period. . “Competitive food” means any food or beverage item sold in competition with the SBP or NSLP. Term does NOT apply to food or beverages sold a la carte in the cafeteria. o None of the rules above apply to the sale of any foods or beverages by fundraisers off school property.

- Penalties for Competitive Food Vending Rules Violations o First violation = fine of no less than one week’s revenue from the sale of competitive food o Subsequent violations = fine of no less than one month’s revenue from the sale of competitive food o “Habitual violations” (five or more violations within a six month period) = six month ban from competitive food sales for the violating school o Revenue collected as a result of the above fines shall be transferred to the food service fund of the local school district

- Beverage Minimal Nutrition Standards: All Schools o These standards apply to beverages available as a la carte items on the cafeteria line during breakfast and lunch and also to competitive beverages sold during the allowed

Updated: January 14, 2008 www.schoolnutrition.org 26 time window through vending machines, school stores, canteens or fundraisers on school property. o Allowed Beverages: . MILK: Fluid flavored or unflavored milk with no more than 1% milk fat . WATER: Plain or flavored, non-caloric, noncarbonated . JUICE: 100% fruit/vegetable juice . Any beverage that contains no more than 10g sugar per serving  Limit does not apply to allowable juice products o Serving Size Limits: . Elementary school: 17 oz, except for allowable water (unlimited) . Grades 6-12: 20 oz

- Food Minimal Nutrition Standards: All Schools o These standards apply to foods available as a la carte items on the cafeteria line during breakfast and lunch and also to competitive foods sold during the allowed time window through vending machines, school stores, canteens or fundraisers on school property. o Also, schools may offer for a la carte sale any item that can be part of a reimbursable breakfast or lunch, according to federal meal pattern regulations. o Nutrition Standards: . Fat: Maximum 30% calories from fat  Excludes reduced fat (2% or less) milk, cheese, nuts, seeds, nut butters  If calories from fat (or saturated fat) not available, the grams of fat or saturated fat shall be multiplied by nine to equal calories from fat . Saturated Fat: Maximum 10% calories from saturated fat . Sugar: Maximum 32% sugar by weight, no more than 14g sugar  Includes naturally-occurring sugars  Does not apply to fresh, frozen, canned or dried fruits and vegetables . Sodium:  300mg per serving max for chips, cereals, crackers, bakedgoods, and other snack items  450 mg per serving max for pastas, meats, and soups  600mg per serving max for pizza, sandwiches, and main dishes o Portion Size Limits: . 2 oz max portion or pack size for chips, crackers, popcorn, cereal, trail mix, nuts, seeds, or jerky . 1 oz max portion or pack size for cookies . 2 oz max portion or pack size for cereal bars, granola bars, pastries, muffins, doughnuts, bagels, or other bakery-type items . 8 oz max portion or pack size for non-frozen yogurt . 4 oz max portion or pack size for frozen dessert items, including low-fat or fat free ice cream, frozen fruit juice bars, or frozen real fruit items ______Louisiana

SB 146, in law as Louisiana RS 17:971.1 (2005) in black Bulletin 1196, 737, 741 and 753 (last updated December 2008) in blue

* In the below standards, the term “high school” refers to any school whose grade structure falls within the 6-12 range and includes grades in the 10-12 range or any school that contains only grade 9.

- General Rules: o Vending Contracts:

Updated: January 14, 2008 www.schoolnutrition.org 27 . Standards apply to vending contracts entered after May 15, 2005 o The State Board of Elementary and Secondary Education shall provide by rule for the placement of competitive foods in public elementary and secondary schools and provide for the enforcement of those rules. o Nothing in the Food and Beverage Vending Nutrition Standards sections below prohibits or limits the sale or distribution of any food or beverage item through fund- raisers by students, teachers, or groups when the items are intended for sale off the school campus. o Reimbursement for lunch, special milk, and/or breakfast may be withheld from schools if concessions, canteens, snack bars, or vending machines are operated on a profit basis outside of the nutritional standards before the appropriate time period. o The school food authorities shall be required to reimburse the school food service account for any funds withheld for violation of the Competitive Foods Policy. o School systems must establish local rules as are necessary to control the sale of foods in competition with meals served under NSLP and SBP.

- Beverage Vending and Nutrition Standards: o The beverage standards below apply to all beverages sold outside the school food program at public elementary and secondary schools or on the grounds of such schools at any time during a period beginning one-half hour before the school day and ending one-half hour after the end of the school day. . *Starting the last ten minutes of each lunch period, except for items sold as part of the school food program, the selection of beverages offered for sale to public high school students shall be comprised of no less than 50% beverages from the state-allowed beverages. o Allowable Beverages and Standards: . JUICE: 100% fruit/vegetable juice, no added natural or artificial sweeteners . MILK: Low-fat, skim, flavored, and non-dairy milk allowed . WATER: Unsweetened flavored drinking water or unflavored drinking water  Each public elementary or secondary school principal shall determine if students shall be allowed to possess drinking water in classrooms during classes o Portion Size Limits: . All drinks must be limited to 16 oz in size, except milk and water o *School food authorities are encouraged to develop a policy that prohibits adults and students from taking carbonated beverages into the cafeteria during meal service.

- Food Vending and Nutrition Standards: o Except for food sold as part of the school food program, food items which meet any of the following criteria shall NOT be sold to students at public elementary and secondary schools or on the grounds of such schools at any time during a period beginning one-half hour before the school day and ending one-half hour after the end of the school day. o *Starting the last ten minutes of each lunch period, except for food items sold as part of the school food program, no more than 50% of food items offered for sale to students in public high schools shall be comprised of food meeting any of the criteria below. . FMNVs as defined in Section 220.2 of Title 7 of the Code of Federal Reg. . Fresh pastries (as defined by rules promulgated by the State Board of Elementary and Secondary Education in accordance with the Administrative Procedure Act). . Snacks or desserts that exceed 150 cal per serving, have more than 35% calories from fat, or have more than 30g sugar per sering  Except for unsweetened or uncoated seeds or nuts

Updated: January 14, 2008 www.schoolnutrition.org 28 o Guidance Institution: . The Pennington Biomedical Research Center is authorized to develop and provide publications relating to foods which can be sold on public school grounds in compliance with the provisions above. The PBRC may provide assessments of nutritional value of individual food items contemplated for sale on public school grounds. . - A la carte Vending Rules: o Extra items may be sold only to those who have received a complete meal and must be purchased at the time the meal is received (unless the school food authorities have a procedure to determine that a student has received a complete meal.) o A la carte meal service is prohibited. o Extra sale items must meet component requirements as defined by the Child Nutrition Programs or must be an item offered on the menu that day. o EXCEPTIONS: The following foods may be sold as extras . Milkshakes . Frozen yogurt . Yogurt . Ice cream . Ice milk o Full-strength juice, milk and bottled water (unflavored with no additives) may be sold at any time during the day to students and adults whether or not they have purchased a meal. o $$: Schools must recover the full cost of producing the extra items plus a profit. All monies earned or received must accrue to the school food service account. ______

Maine

LD 796 – SP 263, codified as Public Law Ch 435 (2005) in black Education Rule Chapter 51 (2006) in blue

- FMNV and Competitive Sales Limitations: o Effective July 1, 2005 any food or beverage sold at any time on school property of a school participating in NSLP or SBP shall be a planned part of the total food service program of the school and shall NOT include FMNVs. . “Total food service program” refers to any combination of the SMP, SBP, NSLP, and After School Snack programs. o The local school board or the Career and Technical Education Region/Center cooperative board, may permit, by policy the sale of food and beverages outside the total food service program: . To school staff; . To the public at community events sponsored by the school or held on school property; . In State-approved, instructional CTE Culinary Arts Programs. And . By a school, approved student organization or program if consistent with the NO FMNV policy. o Funds from all competitive food and beverage sales shall accrue to the benefit of the school’s non-profit school food service program, except that the local school board or the CTE Region/Center cooperative board makes exception by policy.

- General Rules:

Updated: January 14, 2008 www.schoolnutrition.org 29 o It is prohibited to use food and beverages as rewards or incentives in the school setting. o Advertising of foods and beverages that are not healthy, as defined by the Dept of Health and Human Services, Bureau of Healthy by rule, shall be prohibited. o After August 2007, food service programs must post nutritional information for menu items. Must include age-appropriate daily values, saturated and total fat percentages, sodium, sugar, and total carbohydrate contents.

- Beverage Vending and Nutrition Standards: o Standards are effective as of September 30, 2006 to all foods sold or distributed on school grounds but outside of school meal programs. o Nutrition Standards: . WATER allowed . MILK: 1% milk fat or less . JUICE: 100% fruit/vegetable juice . Carbonated soft drinks are NOT allowed o Maximum Portion Sizes: . For all beverages other than water, the maximum portion size is 12 oz.

- Food Vending and Nutrition Standards: o Standards are effective as of September 30, 2006 to all foods sold or distributed on school grounds but outside of school meal programs. o Nutrition Standards: . Total Fat: Max 30% calories from fat . Saturated/Trans Fat: Max 10% calories from saturated and trans fats . Sugars: Max 35% refined sugars be weight . *Standards above exclude low-fat dairy, fruits, vegetables, seeds, and nuts. o “ Healthy Foods”: . The Dept of Health and Human Services was charged with defining “healthy foods” by February 2006. The exact definition that has been chosen is unclear, but other recommendations listed in Ch 435 were:  To limit the list of “healthy foods and beverages” to fruits, vegetables, whole grains, low-fat animal protein foods, low-fat dairy products, legumes, soy products, nuts and seeds.  Sodium: Any item should have a max of 360mg per serving, any meal should have a max of 480mg per serving. o Maximum Portion Sizes: . Frozen desserts and ice creams: 3 fl oz . Cookies and cereal bars: 2 oz . Baked items other than cookies and cereal bars: 3 oz . Packaged snacks: 1.25 oz . NO candy allowed ______Maryland

MD Senate Bill 473 (Student Health Promotion Act of 2005) in black MD Code Section 7-423 (2006) in blue MD Regulation 13A.06.01.02 (holds SFAs to the terms of the (MOMs) issued by the Dept of Education) Dept of Education Management and Operation Memorandum (MOM) 12 (2005) in teal

- Local Nutrition Policy Establishment: o By January 31, 2006, each county board shall establish a nutrition policy that applies to all foods and beverages made available to students during the school day, including foods and beverages sold: . In vending machines;

Updated: January 14, 2008 www.schoolnutrition.org 30 . As separate, non-meal related orders in the school cafeteria . In school stores . At school fundraisers o The established nutrition policies must be implemented by the first day of the 2006- 2007 school year. o All income from the sale of competitive foods must accrue to the benefit of the nonprofit school food service or the school or student organizations approved by the school. o Each county board shall provide the Dept of Ed with a copy of the nutrition policy and report any subsequent modifications. o In all schools, the SFA nutrition and wellness policies should reflect, among other things, the importance of fat and sugar content in foods and beverages. High school policies should also reflect the importance of appropriate portion sizes and healthy decision-making on food and beverage choice.

- Vending Machine Limitations: o By August 1, 2006, all vending machines in public schools shall use a timing device to automatically prohibit or allow access to vending machines in accordance with the nutrition policy established by the county board. o * This policy only applies to vending machines that sell FMNVs, as defined by the MD Dept of Ed.

- FMNV Restrictions: o Sale of FMNVs, as defined in MOM 12, is prohibited from 12:01a.m.until the end of the last lunch period. School Food Authorities (SFAs) are strongly encouraged to extend this restriction until the end of the standard school day. o FMNVs include soda water, soda, water ice, chewing gum, certain candies, and candy-coated popcorn. See Appendix A of (MOM) 12 for a more detailed list. See Appendix B of (MOM) 12 for a list of exemptions from FMNV classification.

- Food Nutrition Guidelines: o Components of reimbursable meals sold a la carte are not subject to these guidelines o Entrees: . Should be offered in reasonable portion sizes that are consistent with Child Nutrition Program guidelines . Should take % total calories from total and saturated fat into consideration o Snacks: . In elementary and middle schools, all non-entrée food sold, including packaged snacks, should be offered only in single-serving portions. . The unit sold, regardless of the number of portions per package, should contain:  No more than 9g total fat (excluding packaged nuts and seeds)  No more than 2g saturated fat  No more than 15g sugar (excluding dried fruit with no added sugar)

- Beverage Nutrition Guidelines: o Sale of beverages in all schools during the standard school day is limited to: . WATER:  Plain  Non-carbonated, flavored water with less than 20 cal per serving . MILK:  Unflavored milk or soy milk  Flavored milk or soy milk with max 30g total sugar per 8 oz serving . JUICE:

Updated: January 14, 2008 www.schoolnutrition.org 31  100% fruit/vegetable juice, not to exceed 12 oz  Fruit/vegetable juice beverages with at least 10% fruit/vegetable juice and 100% vitamin C, not to exceed 12 oz . ISOTONIC BEVERAGES:  Not to exceed 16 oz ______Massachusetts

No state policies. ______Michigan MI State Board of Education’s “Policy on Offering Healthy Foods and Beverages in Venues Outside of the Federally Regulated Child Nutrition Programs” (2003) in black Model Local Wellness Policy (2005) in blue

- General Note on Recommendations: o All MI school buildings are encouraged to adopt the recommendations below, regardless of age/grade level. o Standards apply to all foods and beverages offered in venues that are within the school/district’s control but outside federally regulated child nutrition programs. (Venues include, but are not limited to, vending machines, a la carte sales, food rewards, fundraisers, school stores, concessions, school parties, activities, and meetings.

- Recommended Food Standards: o GRAINS: Offer whole and enriched grain products that are high in fiber, low in added fats and sugars, and served in appropriate portion sizes consistent with the current USDA standards. o FRUIT/VEG: Offer fresh, frozen, canned or dried fruits and vegetables using healthy food preparation techniques o DAIRY: Offer nonfat or low-fat plain and/or flavored yogurt in servings of 8 oz or less. Offer nonfat and/or low-fat real cheese, rather than imitation cheese in 1.5 oz servings or less (2 oz or less if processed cheese). o NUTS: Offer nuts, nut butters, seeds, trail mix, and/or soybean snacks in 1 oz portions or less. o MEAT: Offer cooked lean meat, poultry, or fish using healthy food preparation techniques in portions of 3 oz or less. o ACCOMPANIMENTS: If offered, serve accompaniments (sauces, dressings, and dips) in 1 oz servings or less o SNACKS: . Single serving size snacks (except for nuts, seeds, and cheese) should have no more than 6g fat and meet at least two of the following three criteria:  Contain max 300 calories  Contain minimum 1g of fiber  Contain at least 10% of Calcium, Iron, Vitamin A or Vitamin C

- Recommended Beverage Standards: o Offer 100% fruit juice in 12 oz servings or less o Offer nonfat or low-fat plain and/or flavored milk in 16 oz servings or less o Offer plenty of water o Offer fruit/fruit juice smoothies in 16 oz servings or less

- Other Recommended Nutrition Policies: o Encourages districts to discourage using food as a reward.

Updated: January 14, 2008 www.schoolnutrition.org 32 o Encourages the monitoring of food service distributors and snack vendors to ensure that they provide predominately healthy food and beverage choices. o Encourages districts to promote the serving of healthy food at school parties and also promote healthy fundraisers. ______Minnesota

No state policy. ______Mississippi

In October 2006 the State Board of Education approved the Vending Regulations for MS Schools, which specified vending and nutrition regulations for snacks and beverages in schools.

In 2007, the SB 2369 Healthy Students Act was passed and required that the State Board of Education adopt further regulations by March 1, 2008 that would be effective for compliance by school districts beginning with the 08-09 school year. Regulations were expected to cover, among other things, healthy food and beverage choices, healthy food preparation, and the availability of food items during the lunch and breakfast meal periods. The resultant regulations were written as the MS Healthy Students Act Nutrition Standards. School districts were allowed to make policies more stringent than the board’s as long as they did not conflict.

Vending Regulations for MS Schools (Approved 2006) in black MS Healthy Students Act Nutrition Standards (2007) in blue Competitive Food policy EEH (1985) in teal

- Beverage Vending and Nutrition Regulations o WHEN REGULATIONS APPLY: . These regulations apply to all MS school campuses during the regular and extended school day (7am-4pm). Extended day includes activities such as clubs, yearbook, student government, and childcare/latchkey programs. . These regulations do NOT apply to school related events where parents and other adults constitute a significant portion of the audience or are selling beverages as boosters (i.e., interscholastic sporting events, plays, etc…) . The regulations will go into complete effect as of the 2008-2009 school year

o Allowed Beverages in Elementary School: . WATER:  Bottled . MILK:  Low-fat and nonfat regular and flavored milk, includes nutritionally equivalent milk alternatives such as soymilk  Up to 160 calories per 8 oz  Max 8 oz serving . JUICE:  100% juice with no added sweeteners that contains at least 10% of the recommended DC for three or more vitamins and minerals  Up to 120 calories per 8 oz  Max 8 oz

o Allowed Beverages in Middle School:  Same as elementary school, except juice and milk may be sold in 10 oz servings maximum.

Updated: January 14, 2008 www.schoolnutrition.org 33  *If middle and high school students have shared access to areas on a common campus or in common buildings, then the school community has the option to adopt the high school standard.

o Allowed Beverages in High School: . *At least 50% of beverages must be water and no or low calorie options . WATER:  Bottled . MILK:  Low-fat and nonfat regular and flavored milk, includes nutritionally equivalent milk alternatives such as soymilk  Up to 160 calories per 8 oz  Max 12 oz serving . JUICE:  100% juice with no added sweeteners that contains at least 10% of the recommended DC for three or more vitamins and minerals  Up to 120 calories per 8 oz  Max 12 oz . NO/LOW CAL BEVERAGES:  Up to 10 calories per 8 oz serving . LIGHT JUICES AND SPORTS DRINKS:  NO more than 66 calories per 8 oz serving  Max 12 oz

- Snack Vending and Nutrition Regulations o WHEN REGULATIONS APPLY: . These regulations apply to all MS school campuses during the school day (7am-4pm). . These regulations cover all foods sold through vending machines, student stores, snack bars, fundraisers, and other sales available to students. Restrictions also apply to at least 50% of the items vended in staff areas that are inaccessible to students.  Competitive food vending is available at schools at the discretion of the school district. . These regulations do NOT apply to school related events where parents and other adults constitute a significant portion of the audience or are selling beverages as boosters (i.e., interscholastic sporting events, plays, etc…) . The regulations will go into complete effect as of the 2008-2009 school year

o COMPETITIVE FOOD RESTRICTIONS: . As per the Competitive Food policy EEH (1985), there are restrictions on competitive food sales as follows:  On the school campus for one hour before the start of any meal services period  The school food service staff shall serve only those foods which are components of the approved federal meal patterns being served (or milk products) and such additional foods as necessary to meet the caloric requirements of the age group being served.  With the exception of milk products, a student may purchase individual components of the meal only if the full meal unit also is being purchased.  Students who bring their lunch from home may purchase milk products. . Local boards are encouraged to develop more comprehensive restrictions.

Updated: January 14, 2008 www.schoolnutrition.org 34 . Competitive foods following the regulations may be sold to students grades 7-12. Vending to K-6 students may be appropriate in districts were school lunches are sold early in the day (10:30-11:00am), and competitive foods may be sold to K-6 students at the discretion of the school district. . School districts shall update the wellness policy to address limiting the number of extra sale items that may be purchased with a reimbursable meal excluding extra beverage purchases of milk, juice and/or water). . Schools may sell extra items in individual packages not to exceed 200 calories and in portions not to exceed the menu portion serving size.

o REGULATIONS FOR SNACKS, BARS, AND DESSERT ITEMS: . Category includes:  Chips, crackers, popcorn  Cereal  Trail mix, nuts, seeds, nut butters  Jerky  Cookies, animal/graham crackers and cereal bars  Granola bars  Baker items (e.g., pastries, muffins, soft pretzels)  Frozen desserts such as ice cream  Cheese, yogurt  Smoothies (made with low-fat yogurt or dairy alternative and/or fruit/juice) . Nutrition Criteria per package (based on manufacturer’s data or labels):  Key Nutrients: At least 5% recommended DV for three or more nutrients (fiber; vitamins A, C, D, E; thiamin, niacin, riboflavin, calcium, iron, and zinc). At least 3g protein per package may be substituted for one of the listed nutrients.  Total Calories: Max 200 calories per package  Fat: No more than 35% total calories from fat and 7g maximum (except nuts, seeds, nut butters, and cheeses).  Saturated Fat and Trans Fat: No more than 10% calories from saturated fat and/or trans fat and 2g max (except nuts, seeds, nut butters, and cheeses)  Added Sugar: No more than 35% added sugar by weight and 15g maximum (excludes sugars naturally occurring in fruits, vegetables, and dairy). o For appropriate smoothies, yogurt, and pudding, no more than 5g total sugar (added and naturally occurring) per oz. . Schools are encouraged to offer foods that:  Have at least 10% of the recommended DV of one or more of the key nutrients listed above  Have at least 5g protein  List a hole grain as the first item on the ingredient list

o REGULATIONS FOR FRUITS AND VEGETABLES: . Quality fruits and vegetables (‘quality’ meaning fruits and vegetables prepared and packaged without added sugar, fat, or sodium) must be available anywhere snack items are sold. . Nutrition Criteria per package (based on manufacturer’s data or labels):  Key Nutrients: At least 5% recommended DV for three or more nutrients (fiber; vitamins A, C, D, E; thiamin, niacin, riboflavin,

Updated: January 14, 2008 www.schoolnutrition.org 35 calcium, iron, and zinc). Schools are encouraged to offer foods with at least 10% DV for one or more of these nutrients.  Total Calories: Max 200 calories per package  Fat: No more than 35% total calories from fat and 7g maximum  Saturated Fat and Trans Fat: No more than 10% calories from saturated fat and/or trans fat and 2g max  Added Sugar: No more than 35% added sugar by weight and 15g maximum (excludes sugars naturally occurring in fruits and vegetables). ______Missouri

No state policy. Local wellness guides are available from the Missouri State Board of Elementary and Secondary Education. ______Montana

The Board of Public Instruction adopted a position statement (2005) encouraging all Montana schools to adopt a school wellness policy. Senate Joint Resolution No. 2 (2003) also urges districts to offer nutritious food and beverage choices whenever possible. ______Nebraska

Statue 79-2.132 (no date or link available) in blue Competitive Foods Policy (2006) (see p.6 of this document) in black

- According to Statute 79-2.132 schools are allowed to operate school stores in which students may purchase food, beverages, and personal or consumable items.

- Competitive Foods Policy: o Applies to all school who participate in the NSLP and SBP. Applies to school food authorities and their staff, student/parent organizations, community organizations and commercial food/beverage service companies. Applies to exclusive pouring contracts between school food authorities and beverage companies. o Does NOT apply to lunches brought from home and food a parent delivers to his/her own child to eat at school. o Time Periods: . No food or beverages can be sold to children anywhere on the school premises beginning one half hour before the breakfast and/or lunch service until one half hour after meal service unless all proceeds earned during these time periods go to the school nutrition program. o Vending Machines: . If a vending machine, not operated by the school nutrition program, is open during the meal service period, the profit during that period must go to the school nutrition program. (See policy for method of determining this profit.) o FMNVs: . No FMNVs can be sold in the food service areas beginning one half hour before breakfast and/or lunch service until one half hour after meal service under any circumstances. . o A la carte: . Foods sold by the school nutrition program in addition to the reimbursable meals (a la carte) should be carefully selected to encourage healthy eating habits. ______

Updated: January 14, 2008 www.schoolnutrition.org 36 Nevada

SB 197 (2005) created a State Program for Fitness and Wellness to increase public knowledge and awareness of issues relating to physical fitness and wellness. The created Advisory Council on the State Program for Fitness and Wellness will provide the Health Division with recommendations on the development, implementation and administration of the Program.

NV Dept of Education Statewide School Wellness Policy (effective July 1, 2005)

The Statewide School Wellness Policy states the minimum requirements for wellness policies that must be established by all local education agencies.

- Minimum Food and Beverage Standards: o Standards apply to all foods and beverages made available to students, whether given away, earned, or sold, on the school campus during the school day. o Local education agencies may establish a policy that allows exemptions for foods that exceed the established nutrition parameters as follows: . In observance of state or national holidays . For established religious observances . School community observances, such as birthday parties . As part of a learning experience related to the reinforcement of established lesson plans in the classroom; this exemption, however, does NOT allow for an exemption toward the sale of foods as part of a business enterprise or fundraising activity. o Nutrition Standards: . Total fat:  Max 30% total calories from fat (excluding nuts, seeds, fluid milk products containing 2% or less fat, and cheese or yogurt made from 2% or less milk fat milk) . Saturated fats:  Max 10% total calories from saturated fat . Sodium:  Max 600mg per serving . Sugars:  Max 35% sugar by weight per serving (not including sugars from fruits and vegetables when used as additives). . FMNVs may NOT be given away, sold, or used as incentives for students or student activities during the school day. (FMNV definition and examples available in Statewide School Wellness Policy.)

o Maximum Portion Sizes for Elementary Schools: . Chips (regular): 1 oz . Chips (baked or no more than 5g fat per oz), crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruit, jerky, pretzels: 1.5 oz . Cookies/cereal bars (plain): 2 oz . Cookies/cereal bars (with nuts, raisins, chocolate pieces, and/or fruit purees): 2.2 oz . Bakery items (e.g., pastries, muffins): 3 oz . Frozen desserts: 4 oz . Water: No limit . Fruit drinks and frozen slushies (containing at least 50% fruit juice): 16 oz

o Maximum Portion Sizes for Middle/Junior/High Schools: . Chips (regular): 1.25 oz

Updated: January 14, 2008 www.schoolnutrition.org 37 . Chips (baked or no more than 5g fat per oz), crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruit, jerky, pretzels: 1.5 oz . Cookies/cereal bars (plain): 2 oz . Cookies/cereal bars (with nuts, raisins, chocolate pieces, and/or fruit purees): 2.2 oz . Bakery items (e.g., pastries, muffins): 3 oz . Frozen desserts: 4 oz . Water: No limit . Electrolyte replacement beverages: 12 oz . Fruit drinks and frozen slushies (containing at least 50% fruit juice): 16 oz ______New Hampshire

No state policy. ______New Jersey

Model School Nutrition Policy (2005) (in black) SB 1218, Ch.45 (2006) codified as NJSA 18A:33-16 (2007) (in blue)

- General Vending Rules: o RESTRICTIONS: . As of September 2007, the following items may NOT be served, sold or given out as free promotion anywhere on public school property, or the property of nonpublic schools that participate in the Child Nutrition Programs at anytime before the end of the school day, including items served in the reimbursable After School Snack Program.  FMNV as defined by USDA regulations  All food and beverage items listing sugar, in any form, as the first ingredient  All forms of candy as defined by the New Jersey Dept of Agriculture  Schools shall reduce the purchase of any products containing trans fats o WHEN STANDARDS APPLY: . As of September 2007, the following nutrition standards apply to all snack and beverage items sold or served anywhere on school property during the school day, including items sold in a la carte lines, vending machines, snack bars, school stores and fundraisers or served in the reimbursable After School Snack Program. . Standards do NOT apply to:  Foods and beverages sold during special school celebrations or during curriculum related activities, with the exception of FMNV  Medically authorized special needs diets pursuant to 7 CFR Part 210  School nurses using FMNV during the course of providing health care to individual students  Special needs students whose Individualized Education Plan (IEP) indicates their use for behavior modification. o *Nutrition standards are based on manufacturers nutritional data or nutrient facts labels

- Food Nutrition and Vending Rules: o Nutrition standards: . Fat: NO more than 8g total fat per serving  Excluding nuts and seeds . Saturated Fat: NO more than 2g per serving

Updated: January 14, 2008 www.schoolnutrition.org 38 . Sugar: May NOT be the first listed ingredient, in any form o Availability Requirements: . Middle and High Schools:  No more than 40% of all ice cream/frozen desserts shall be allowed to exceed the above standards for sugar, fat, and saturated fat.

- Beverage Nutrition and Vending Rules: o Nutrition standards: . Fat: NO more than 8g total fat per serving  Excluding nuts and seeds . Saturated Fat: NO more than 2g per serving . Sugar: May NOT be the first listed ingredient, in any form o Portion Restrictions: . All beverages except water and milk containing 2% or less fat shall NOT exceed 12 oz. . Whole milk shall NOT exceed 8 oz o Availability Requirements: . Elementary Schools:  100% of all beverages offered shall be milk, water or 100% fruit or vegetable juices . Middle and High Schools:  At least 60% of all beverages offered, other than milk and water, shall be 100% fruit or vegetable juices.

For additional reference about the NJ nutrition policies, go to the link below: NJ State Nutrition Standards- Questions and Answers (Aug 2007) ______

New Mexico

HB 61 required the public education department, in collaboration with other parties, to adopt rules by December 31, 2005 that applied to foods and beverages sold to students in all public schools outside USDA meal programs. The rules were to address, at minimum, nutrition standards and portion sizes. Rules were not to prohibit or limit sale of distribution of any food or beverage item through fundraisers when the items are intended for sale off campus. Rule 6.12.5 NMAC details the rules regarding all competitive food sales in stores (outlined below).

Rule 6.12.5 NMAC (2006) (in black)

Standards apply: all public schools unless otherwise expressly limited Effective: 2-28-06

- General Vending Rules o Sdfds

- Vending Machine Rules o Elementary Schools . Beverages shall only be sold after the last lunch period is completed . Allowed beverages:  WATER  MILK with 2% or less milk fat  SOY MILK

Updated: January 14, 2008 www.schoolnutrition.org 39  Carbonated beverages are NOT allowed in elementary school vending machines . Allowed foods: NONE o Middle Schools . Allowed Beverages:  WATER  MILK with 2% or less milk fat  SOY MILK  JUICE that is 100% fruit juice, has no added sweeteners, has no more than 125 calories per container, and is not sold in a serving size larger than 20 oz.  Carbonated beverages are NOT allowed in middle school vending machines. . Allowed foods:  Food products may only be sold after the last lunch period (except nuts, seeds, cheese, yogurt, and fruit)  Food products are subject to the following restrictions (except nuts, seeds, cheese, yogurt, and fruit) o Max 200 cal per container/amount served o Max 8g fat per container/amount served o Max 2g saturated and trans fat per container/amount served o Max 15g sugar per container/amount served. o High Schools . Allowed Beverages at any time:  WATER  MILK with 2% or less milk fat  SOY MILK  JUICE that is at least 50% fruit with no added sweeteners and a serving size no larger than 20 oz. . Allowed Beverages after the last lunch period:  CARBONATED SOFT DRINKS that are both sugar and caffeine free  NON-CARBONATED FLAVORED WATER with no added sweeteners  SPORTS DRINKS . Allowed foods at any time:  Food products are subject to the following restrictions (except nuts, seeds, cheese, yogurt, and fruit) o Max 200 cal per container/amount served o Max 8g fat per container/amount served o Max 2g saturated and trans fat per container/amount served o Max 15g sugar per container/amount served.

- A la carte Vending Rules o *Definition: ‘A la carte’ means a beverage or food product sold in schools to students during the lunch period that is not part of the USDA school meal program

o All Schools: . A la carte food and beverages may be sold only during the lunch period(s) . Carbonated beverages or soft drinks, non-carbonated flavored water, and sports drinks shall NOT be sold in a la carte offerings . Allowed foods:  Food products are subject to the following restrictions (except nuts, seeds, cheese, yogurt, and fruit) o Max 400 cal per container/amount served

Updated: January 14, 2008 www.schoolnutrition.org 40 o Max 16g fat per container/amount served o Max 2g saturated and trans fat per container/amount served o Max 30g sugar per container/amount served. o Elementary Schools . Allowed beverages:  WATER  MILK with 2% or less milk fat  SOY MILK o Middle Schools . Allowed Beverages:  WATER  MILK with 2% or less milk fat  SOY MILK  JUICE that is 100% fruit juice, has no added sweeteners, has no more than 125 calories per container, and is not sold in a serving size larger than 20 oz. o High Schools . Allowed Beverages at any time:  WATER  MILK with 2% or less milk fat  SOY MILK  JUICE that is at least 50% fruit with no added sweeteners and a serving size no larger than 20 oz.

- Fundraisers: o *Definition: ‘Fundraisers’ means beverages or food products sold to raise money that are not sold in vending machines, a la carte sales or as part of the USDA school meal program.

o All Schools: . If beverages and food products are sold for fund raisers at any time during normal school hours (except during the lunch period), all the items sold must meet the standards below. . If the fundraiser is conducted outside of normal school hours, at least 50% of the offerings must meet the high school fundraising standards listed below. o Elementary Schools . Allowed beverages:  WATER  MILK with 2% or less milk fat  SOY MILK  Carbonated beverages shall NOT be sold. . Allowed food: NONE o Middle Schools . Allowed Beverages:  WATER  MILK with 2% or less milk fat  SOY MILK  JUICE that is 100% fruit juice, has no added sweeteners, has no more than 125 calories per container, and is not sold in a serving size larger than 20 oz.  Carbonated beverages are NOT allowed to be sold . Allowed foods:  Food products may only be sold after the last lunch period (except nuts, seeds, cheese, yogurt, and fruit)

Updated: January 14, 2008 www.schoolnutrition.org 41  Food products are subject to the following restrictions (except nuts, seeds, cheese, yogurt, and fruit) o Max 200 cal per container/amount served o Max 8g fat per container/amount served o Max 2g saturated and trans fat per container/amount served o Max 15g sugar per container/amount served. o High Schools . Allowed Beverages at any time:  WATER  MILK with 2% or less milk fat  SOY MILK  JUICE that is at least 50% fruit with no added sweeteners and a serving size no larger than 20 oz. . Allowed foods:  Food products may only be sold after the last lunch period (except nuts, seeds, cheese, yogurt, and fruit)  Food products are subject to the following restrictions (except nuts, seeds, cheese, yogurt, and fruit) o Max 200 cal per container/amount served o Max 8g fat per container/amount served o Max 2g saturated and trans fat per container/amount served o Max 15g sugar per container/amount served. ______New York Education Law §915 (last modified August 2006) prohibits the sale of certain sweetened foods from the beginning of the school day until the end of the last scheduled meal period.

Restricted Foods: - Sweetened soda water - Chewing gum - Candy (including hard candy) - Jellies - Gums - Marshmallow candies - Fondant - Licorice - Spun candy - Candy Coated Popcorn - Water ices (unless they contain fruit or fruit juices) ______

North Carolina

HB 855 (2005) (in blue) HB 1473 (2007) (in red) SB 961 (2005) (in black) 16 NCAC 06H.0104 (1986) (in teal) Board of Education’s Nutrition Standards for Elementary Schools (2006) (in green)

HB 855 mandates that the State Board of Education, in direct consultation with the appropriate parties, establish statewide nutrition standards for school meals, a la carte foods and beverages, and items served in the After Schools Snack Program. The nutrition standards adopted by the SBE shall be implemented initially in elementary schools. All elementary schools shall achieve a basic level by the end of 08-09, followed by middle and then high schools.

Updated: January 14, 2008 www.schoolnutrition.org 42 - Vending Machine Standards: o Each school may, with approval of the local board of education, sell beverages in vending machines to students during the school day as long as the following restrictions are met. (Schools may also adopt stricter policies if desired.)

o Elementary Schools: . Soft drinks may NOT be sold . Bottled water products must be available in every school that has beverage vending. . No snack vending may be available to students by school year 06-07. o Middle Schools: . Soft drinks may NOT be sold during the breakfast and lunch periods, and may NOT be sold contrary to the requirements of the NSLP. . Sugared carbonated soft drinks, including mid-calorie carbonated soft drinks, may NOT be sold.  *Diet carbonated soft drinks are not considered in the same category as sugared carbonated soft drinks. . Bottled water products must be available in every school that has beverage vending. . By school year 06-07, 75% of snack vending products may not have more than 200 calories per portion or snack vending package. o High Schools: . Soft drinks may NOT be sold during the breakfast and lunch periods, and may NOT be sold contrary to the requirements of the NSLP. . Not more than 50% of the beverage offerings for sale to students may be sugared carbonated soft drinks.  *Diet carbonated soft drinks are not considered in the same category as sugared carbonated soft drinks. . Bottled water products must be available in every school that has beverage vending. . By school year 06-07, 75% of snack vending products may not have more than 200 calories per portion or snack vending package.

- ‘A la carte’ Vending Rules: o A la carte sales are limited to foods contributing to the nutritional well-being of the child and aiding in the establishment of good food habits. School food authorities and sponsoring organizations may provide these foods under the following conditions: . The a la carte services must operate during or before the established lunch period . The school food service department must retain all receipts from the sale of these items. . Sponsors must use all food service income for the purpose of the school’s non-profit child nutrition programs. . A la carte items may NOT include FMNV as defined by the USDA . Adults may purchase individual food items without purchasing a complete lunch. o Standards Specific to Elementary Schools: . These standards also apply to foods and beverages available in the After School Snack Program. . These standards shall be implemented no later than the first day of the 08-09 school year. . Students who have special nutritional needs that are in conflict with the nutrition standards will be exempt from these standards. . Food Nutrition Standards:

Updated: January 14, 2008 www.schoolnutrition.org 43  Fat: Max 35% calories from fat (excluding seeds and nuts)  Saturated Fat: Max 10% total calories from saturated fat  Trans Fat: Max 1% total calories from trans fat  Sugar: Max 35% added sugar be weight  *Canned, frozen, fresh, or dried fruits and vegetables found in the Food Buying Guide for Child Nutrition Programs with preparation methods limited to baking, roasting, broiling, boiling, and steaming, are allowed without being restricted to the above standards. . Food Portion Sizes:  Any item in the same serving size as offered that day as part of the reimbursable meal is allowed, with a limit of one additional entrée portion  Single serving dairy products must meet above nutrition standards and also have less than 200 calories  Nuts and seeds may not be served in a portion larger than 1 oz  Yogurt and frozen yogurt must be sold in single servings. . Allowed Beverages:  WATER  MILK: All choices with 1% or less fat  JUICE: At least 50% fruit juice with no added sweeteners in no larger than an 8 oz portion  100% frozen fruit products with no added sweeteners are allowed in no larger than an 8 oz portion

- Competitive Food Vending Rules: o Competitive food sales by a school of extra food items in the lunchroom or its general environs must be on a non-profit basis (meaning the sponsor deposits income from such sales to the account of the school’s non-profit lunch and breakfast programs and uses the income solely for these programs). o The school may sell extra food items after the established lunch hour (when the last pupil has been served for the day) only with the approval of the LEA. o Occupational home economics instructional programs which operate under an approved annual vocation education plan and which involve the preparation and sale of foods to individuals other than students are NOT considered competition with the child nutrition program. o The Department may deny the opportunity to participate in the program to any school food authority which operates in violation of state policy.

More recommended standards are available in “Eat Smart: North Carolina’s Recommended Standards for All Food Available in Schools” (2004) ______North Dakota

No state policy. ______Ohio*********************************************

HB 254 (2008) passed?? (in black) OAC 3301-91-09 (1979) (in blue) ORC 3313.814 (1979) (in teal)

- Setting Nutrition Policies: o Each school district board of education and each chartered nonpublic school governing authority shall adopt and enforce nutrition standards governing the

Updated: January 14, 2008 www.schoolnutrition.org 44 types of food and beverages that may be sold on the school premises, and when and where each type of food and beverage may be sold. The standards must be enforced. The board or governing authority should consult the dietary guidelines for Americans and incorporate these guidelines into the standards to the maximum extent possible. o Suggested Considerations: . Nutrient Comparison: Types of food sold in schools shall be determined as to their potential to contribute significantly to the daily nutritional needs of children. (The school district’s nutrition philosophy and nutrition education curriculum should also be considered.) . Time and Place: Time and place of food sales shall be consistent with nutrient intake needs and student eating patterns. Separate standards may be established for the types of food sold to staff members and for special or extracurricular events. . Approval provisions: Each board of education must approve the types of food to be sold as well as the places and times they may be sold.

- Vending Machines: o Each board or governing authority’s standards must PROHIBIT the placement of vending machines in any classroom where students are provided instruction, unless the classroom is also used to serve student meals. . The above does NOT apply to machines that sell only milk, reimbursable meals, or items that are part of a reimbursable meal and are available as individually priced items in serving portions of the same size as in the reimbursable meal.

- Beverage Vending Rules: o The following rules apply to individually priced beverage items available for sale through the school food service program, vending machines on school property, a store operated by the school, a student association, or any school- sponsored organization during the regular and extended school day. o Rules do NOT apply to beverages available for sale in connection with a school-sponsored fundraiser held outside the regular school day, any other school-sponsored event held outside the regular school day, or an interscholastic athletic event. o Also do NOT apply to any beverage that is part of a reimbursable meal and is available for sale as an individually priced item in a serving portion of the same size as in the reimbursable meal. o Allowed Beverages in elementary schools: . WATER . MILK  8 oz or less  Low-fat or fat-free, including flavored  Max 180 cal per 8 oz . JUICE  100% fruit juice  8 oz or less  Max 160 cal per 8 oz o Allowed Beverages in middle schools: (majority of grades are 5-8) . WATER . MILK  16 oz or less  Low-fat or fat-free, including flavored  Max 180 cal per 8 oz

Updated: January 14, 2008 www.schoolnutrition.org 45 . JUICE  100% fruit juice  8 oz or less  Max 160 cal per 8 oz . FRUIT-BASED BEVERAGE  8 oz or less  Must contain at least 50% fruit juice  No added sugars  At least 10% recommended DV of calcium, iron, vitamin A or vitamin C  Max 160 cal per 8 oz o Allowed Beverages in high schools: (majority of grades are 9-12) . WATER  20 oz max if flavored water  Max 66 calories per 8 oz if flavored . MILK  16 oz or less  Low-fat or fat-free, including flavored  Max 180 cal per 8 oz . JUICE  100% fruit juice  16 oz or less  Max 160 cal per 8 oz . FRUIT-BASED BEVERAGE  16 oz or less  Must contain at least 50% fruit juice  No added sugars  At least 10% recommended DV of calcium, iron, vitamin A or vitamin C  Max 160 cal per 8 oz . SPORTS DRINK  20 oz or less  Max 66 calories per 8 oz  “Sports Drink” defined as: a beverage designed to rehydrate the body and replenish depleted levels of electrolytes and nutrients. Does NOT include any beverage designed to enhance energy through sugar or caffeine additives . NO/LOW-CALORIE BEVERAGE  Max 10 calories per 8 oz

______Oklahoma

SB 265 (2005), codified in Statute 70-5-147

- FMNV Regulations: Effective 07/01/07 o For exact definition and other related regulations, go to the Oklahoma FMNV Fact Sheet. o Elementary Schools: FMNV may not be accessible to students except on special occasions. o Middle/Junior High Schools: FMNV may not be accessible to students until after school. FMNV are also allowed at events that take place in the evening, and on special occasions.

Updated: January 14, 2008 www.schoolnutrition.org 46 o High Schools: FMNV access is allowed to student,s but healthy food options must be provided as well. Each district shall provide incentives to make healthy food choices more appealing to students. ______Oregon

Oregon HB 2650 (Effective July 1, 2007)

- When Standards Apply: o Standards apply to food and beverage items sold in a school during the regular and extended school day when the activities in the school are primarily under the control of the school district board. o Standards do NOT apply to food and beverage items sold in a school at times when the school is being used for school-related or nonschool-related events for which parents and other adults are a significant part of an audience or are selling food or beverage items before, during, or after the event. o Standards do NOT apply to food and beverage items sold in a school as a part of NSLP or SBP. o The standards are effective starting the 2008-2009 school year, except for entrée and snack items prepared on-site and sold individually. The standards will apply to those items starting the 2009-2010 school year. o Standards effectively apply to contracts entered into or extended on or after July 1, 2008.

- K-12 Snack Standards: o “Snack” means a food that is generally regarded as supplementing a meal. o Portion Size: Snack items may only be sold in single serving sizes o Nutrition: . Fat: Maximum 35% total calories from fat  Excludes legumes, nuts, nut butters, seeds, eggs, non-fried vegetables and cheese . Saturated Fat: Maximum 35% total calories from fat . Fat: Maximum 10% total calories from saturated fat  Excludes nuts, eggs, and cheese . Trans Fat: May NOT contain trans fat. . Sugar: Maximum 35% sugar by weight.  Excludes fruits and vegetables. . Calories:  Grades K-5: 150 calories maximum  Grades 6-8: 180 calories maximum  Grades 9-12: 200 calories maximum

- K-12 Entree Standards (if sold individually): o “Entree” means a food that is generally regarded being the primary food in a meal. o Nutrition: . Fat: Maximum 4g fat per 100 calories . Calories: Maximum 450 total calories

- K-12 Beverage Standards: o Grades K-5 Allowed Beverages: . WATER . JUICE  100% fruit/vegetable juice  Maximum 8 oz serving

Updated: January 14, 2008 www.schoolnutrition.org 47  No added sweeteners  No more than 120 calories per 8 oz . MILK (or nutritionally equivalent milk alternative)  Fat free or low-fat  Maximum 8 oz serving  If flavored, no more than 150 calories per 8 oz o Grades 6-8 Allowed Beverages: . WATER . JUICE  100% fruit/vegetable juice  Maximum 10 oz serving  No added sweeteners  No more than 120 calories per 8 oz . MILK (or nutritionally equivalent milk alternative)  Fat free or low-fat  Maximum 10 oz serving  If flavored, no more than 150 calories per 8 oz o Grades 9-12 Allowed Beverages: . WATER . JUICE  100% fruit/vegetable juice  Maximum 12 oz serving  No added sweeteners  No more than 120 calories per 8 oz . MILK (or nutritionally equivalent milk alternative)  Fat free or low-fat  Maximum 8 oz serving  If flavored, no more than 150 calories per 8 oz . NO/LOW-CALORIE BEVERAGES  Maximum 10 calories per 8 oz . OTHER BEVERAGES  Maximum 12 oz serving  Maximum 66 calories per 8 oz ______Pennsylvania

HB 185 (2006) enumerates state policies regarding competitive food and beverage contracts.

A governing board of a school district cannot enter into or renew a contract with a person, business, or corporation that grants said party the exclusive or non-exclusive rights to advertising or vending of carbonated beverages, or non-nutritious beverages and foods (defined below) UNLESS the following actions are executed: 1) A policy is adopted after a public hearing of the governing board to ensure that public funds are secure and other related regulations are abided by 2) A clearly advertised public hearing is held during a regularly scheduled board meeting at which any member of the public may comment on the contract.

HB 185 also states that such contracts may not be made private. Individual schools are similarly bound to this contracting procedure.

Definitions of “non-nutritious foods” and “non-nutritious beverages” as stated in HB 185:

- Non-nutritious foods:

Updated: January 14, 2008 www.schoolnutrition.org 48 o Foods that are not sold as part of the school breakfast or lunch program as a full meal and meet any of the following standards: . More than 35% total calories from fat . More than 10% total calories from saturated fat . More than 35% total weight from sugar

- Non-nutritious beverages: o Any beverage that is NOT one of the following: . Drinking water . Milk (includes flavored and nutritionally equivalent non-dairy alternatives) . 100% fruit juice with no added sweeteners . Fruit-based drinks that are composed of at least 50% fruit juice with no added sweeteners . An electrolyte replacement beverage that contains 42g or less of added sweetener per 20 oz  “Added sweetener” includes any additive that enhances the sweetness of a beverage, including but not limited to, added sugar, but not including the natural sugar or sugars that are contained within any fruit juice that is a component of the beverage.

In 2007, legislation enacting the School Nutrition Incentive Program was passed into law. Through the program, supplemental state reimbursement for each meal served as part of the NSLP and SBP is given to all schools that adopt and implement, as part of their wellness policy, the Dept of Education’s nutritional guidelines for food and beverages available on each school campus.

Details concerning the program, including the necessary nutrition standards, can be found here. Answers to frequently asked questions can be found here. ______Rhode Island

Chapter 16-21-7 and 16-21-28, 29 of the General Laws (2007) (in black)

- General Vending Rules: o Elementary and Middle/Junior High Schools: . All schools that sell or distribute beverages and snacks on their premises, including those sold through vending machines, shall be required to offer healthier beverages (as defined below) by January 1, 2007, and healthier snacks (as defined below) effective January 1, 2008. o Senior High Schools: . All schools that sell or distribute beverages and snacks on their premises, including those sold through vending machines, shall be required to offer only healthier beverages and snacks (as defined below) effective January 1, 2008. o Exceptions: . Schools may permit the sale of beverages and snacks that are not designated as ‘healthier’ as part of school fundraising in any of the following circumstances:  Items are sold by pupils of the school and the sale of those items take place off and away from the school premises.  Items are sold by pupils of the school and the sale of those items takes place one hour or more after the end of the school day.  Items are sold during a school sponsored pupil activity after the end of the school day.

- “Healthier Foods” (as defined in 16-21-29)

Updated: January 14, 2008 www.schoolnutrition.org 49 o Individually sold portions of nuts, nut butters, seeds, eggs, and reduced or low fat cheese packaged for individual sale, fruit, vegetables that have not been deep fried, and legumes o Individually sold portions of yogurt . Must be low fat . No more than 4g total carbohydrates (including both naturally occurring and added sugars) per oz o Individually sold enriched or fortified grain or grain product; or whole grain food items that meet all of the following standards based on manufacturers’ nutritional data or nutrient fact labels: . Maximum 30% total calories from fat . Maximum 10% total calories from saturated fat . Maximum 7g total sugar (includes both naturally occurring and added sugars) per oz

- “Healthier Beverages” (as defined in 16-21-29) o WATER . Including carbonated water, flavored or sweetened with 100% fruit juice and containing no added sweetener o MILK . 2% milk fat or less . Dairy alternatives, such as fortified soy beverages, are acceptable either plain or flavored as long as there is no more than 4g sugar per oz o JUICE . 100% fruit juice OR . Fruit/vegetable based drinks with at least 50% fruit/vegetable juice and no added sweetener

Additional recommended guidelines that build off of these state requirements were compiled by Rhode Island Action for Healthy Kids in 2008 and can be found here: RI Nutrition Guidelines for School Vending & A La Carte Foods ______South Carolina

HB 3499 (2005)  Code of Laws Title 59-10-300 to 380 (2005) (in black) Board of Education Regulation R43-168 (2006) (in blue)

- Establishment of Nutrition Policies and Limitations: o The State Board of Education shall establish requirements for elementary school competitive foods (see blue standards below) and each district’s Coordinated School Health Advisory Council (CSHAC) shall determine which snacks may be sold in elementary school vending machines. o Each school board of trustees shall establish health and nutrition policies for its elementary schools designed to limit vending sales and sales of FMNV at any time during the school day except in case of medical emergency and special occasions celebrated during school hours. o Policies do NOT restrict food a parent or guardian may provide for their child’s consumption at school. They also should not be construed to prohibit or limit the sale or distribution of any food or beverage item through fundraisers by students, teachers, or groups when the items are intended for sale off the school campus.

- SBE’s Competitive Food Nutrition and Portion Size Regulations for K-5 Schools: o Nutrition Standards for Snacks, Sweets, and Side Dishes: . Fat: Maximum 30% total calories from fat . Saturated Fat: Maximum 10% total calories from saturated fat

Updated: January 14, 2008 www.schoolnutrition.org 50 . Trans Fat: Maximum 1% total calories from trans fat . Sugar: Maximum 35% sugar by weight . *Nuts, seeds, and some cheeses are exceptions to these nutrition standards. o Portion Size Standards for Snacks and Sweets: . 1.25 oz max serving size for snacks (includes baked chips, crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruits, jerky) . 2 oz max serving size for cookies or cereal bars . 3 oz max serving size for other baker items (sweet rolls, muffins, etc.) . 4 oz max for frozen desserts, including ice cream . 8 oz max for yogurt (not frozen) . ½ cup max serving size for fried potatoes or other fried vegetables o Portion Size Standards for Entrees and Side Dishes: . Single servings of entrees or side dishes should be no larger than the portions of those foods served by school food services.

- SBE’s Competitive Beverage Vending and Nutrition Regulations for K-5 Schools o The following beverages must be made available to all students: . WATER . MILK (2% milk fat or less) . 100% JUICE with no added sugars or sweeteners o The following beverages may not be sold or served to students until after the last regularly scheduled class: . SODA/SOFT DRINKS . SPORTS DRINKS . PUNCHES . ICED TEAS, COFFEES . FRUIT-BASED DRINKS that contain less than 100% real fruit juice or that contain added sweeteners o Required portion sizes . All beverages, except for allowed milk and water, may not be sold in portions over 12 oz. ______South Dakota

In the Senate Concurrent Resolution No. 4 (Feb 2007) the South Dakota Legislature requests all qualifying school districts in SD to use the SD Department of Education developed, and Sd Board of Education approved, Model Wellness Policy (2005) as a guideline for their federally-required local wellness policies. ______Tennessee

HB 2783 (2004) required the state board of education to compile and promulgate rules to establish minimal nutritional standards for individual food items sold or offered for sale to pupils in grades pre-K-8 through vending machines or other sources, including school nutrition programs (but excluding federally reimbursable meals). The result was the State Board of Education’s Minimum Nutritional Standards for Individual Items Sold or Offered for Sale to Pupils in Grades Pre-K-8, which was finished first in 2005 and then updated in 2008. Each local board of education must implement a district policy that, at a minimum, ensures compliance with these rules and designates a person responsible for oversight. The standards promulgated in the document are outlined below. - When Standards Apply and Implementations: o The below nutrition standards apply to foods and beverages sold or offered for sale during the school day (including but not limited to school store items, fundraising items, a al carte items, vending machine items, and snack bar items) in schools that include students in grades Pre-K- 8.

Updated: January 14, 2008 www.schoolnutrition.org 51 o Standards do NOT apply to foods served as a federally reimbursable meal to pupils. However, it is strongly recommended that schools bring the meals to these standards.

- Allowed Beverages: o Serving Size: Except for non-flavored, non-carbonated, non-caffeinated water, one serving of beverage may NOT exceed 8 fl oz. o WATER . Must be non-flavored, non-sweetened, and non-carbonated o MILK . May be flavored or unflavored . Must have 2% milk fat or less . Must meet state and local standards for pasteurized fluid milk . USDA approved alternative dairy beverages are also permitted o JUICE . 100% fruit and/or vegetable juice o LOW-CAL BEVERAGES . Only flavored, non-carbonated beverages with no additional caloric sweeteners and less than 15 calories per serving are allowed . Includes flavored, sweetened, and non-caffeinated water

- Food Nutrition Standards: o Fat: Maximum 35% total calories from fat (excluding nuts, seeds, and nut butters). . This is determined by dividing the calories from total fat by the total calories and multiplying by 100. If calories from fat are not available, multiply the grams of fat by 9 to equal calories from fat. o Saturated Fat: Maximum 10% total calories from fat . This is determined by dividing the calories from saturated fat by the total calories and multiplying by 100. If calories from saturated fat are not available, multiply the grams of saturated fat by 9 to equal calories from fat.

o Sugar: Maximum 35% sugar by weight (excludes fruits and vegetables as below) . This is determined by dividing the grams of sugar by the gram weight of the product and multiplying by 100. This includes both naturally occurring and added sugars.

o Sodium: . Chips, cereals, crackers, French fries, baked goods, and other snack items may contain no more than 230 mg of sodium per serving . Pastas, meats, and soups may contain no more than 480mg of sodium per serving . Pizza, sandwiches, and main dishes may contain no more than 600mg sodium per serving.

- Allowable Fruits and Non-Fried Vegetables: o The fruits and vegetables that may be sold individually may be fresh, frozen, canned or dried, and they must be found in the Food Buying Guide for Child Nutrition Program ( http://schoolmeals.nal.usda.gov/FBG/2003FBG/%20Section%202.pdf ) . Such fruits and vegetables are exempt from sugar and portion-size limits. o Examples of products that can NOT be sold as a fruit or vegetable: . Snack-type foods made from vegetables or fruits, such as potato chips and banana chips . Pickle relish, jam, and jelly . Tomato catsup and chili sauce.

Updated: January 14, 2008 www.schoolnutrition.org 52 - Maximum Portion Sizes for Foods: o 1.25 oz maximum portion size for chips, crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruit, or jerky o 1 oz maximum portion size for cookie o 2 oz maximum portion size for cereal and granola bars, pastries, muffins, doughnuts, bagels, and other bakery items. o 4 fl oz maximum portion size for frozen desserts, including but not limited to low-fat or fat-free ice cream o 1 oz maximum portion size pure cheese that is low fat or fat free containing 3.5g or less of fat o 8 oz maximum portion size for non-frozen yogurt o * The portion size of a la carte entrees and side dishes, including potatoes, shall not be greater than the size of comparable portions offered as part of school meals. o ** Individual food items that are part of a day’s reimbursable school lunch or part of the reimbursable school breakfast program may be sold on that day for that meal as an a la carte item. All other school a la carte items are not to exceed the State Board of Education’s standards for foods sold individually. ______Texas

Texas Public School Nutrition Policy (2007) SB 42 (2005) (in blue)

In fall of 2006 the Texas Department of Agriculture (TDA) presented the revisions to the Texas Public School Nutrition Policy (TPSNP), which was originally implemented in 2004. All standards are effective as of August 1, 2007 unless otherwise stated. Compliance with the TPSNP will be aggressively monitored and enforced by the TDA, and violations will include disallowance of meal reimbursement for weeks in which violations occur, among other possible sanctions.

Foods of Minimal Nutritional Value (FMNV) Policy: - Elementary Schools: o May not serve or provide access for students to FMNV and all other forms of candy at any time anywhere on the school premises until the end of the last scheduled class. No one shall sell or give away such foods to students. - Middle/Junior High Schools: o May not serve or provide access for students to FMNV and all other forms of candy at any time anywhere on the school premises until the end of the last scheduled class. No one shall sell or give away such foods to students. - High Schools: o Beginning with SY 2009-2010, students may not have access to FMNV any time anywhere on school premises until the end of the last scheduled class. - FMNV Policy Exceptions (for All Schools) o Parents and grandparents of a student may not be prohibited from providing any food product of their choice to the 1) children in the classroom of their child on the occasion of the child’s birthday or 2) children at a school-designated function. o School Nurses: This policy does not apply to school nurses using FMNVs during the course of providing health care to individual students. o Special Needs: Special Needs Students whose Individualized Education Program (IEP) plan indicates the use of an FMNV or candy for behavior modification (or other suitable need) may be given FMNV or candy items. o Exempted Events: Students may be given FMNV, candy items or other restricted foods during the school day for up to three different events each school year to be determined by campus. These events must be approved by a school official. During these event,s FMNV may not be given during meal times in the areas where school

Updated: January 14, 2008 www.schoolnutrition.org 53 meals are being served or consumed, and regular meal service (breakfast and lunch) must continue to be available to all students in accordance with federal regulations. o TAKS Test Days: Schools and parents may provide on additional nutritious snack that meets nutrition guidelines per day for students taking TAKS tests. o Instructional Use of Food: For instructional purposes, teachers may use foods as long as the food items are not considered FMNV or candy. Students may consume food prepared in class for instruction purposes. However, this should be on an occasional basis, and food may not be provided or sold to other students or classes. o Field Trips: School-approved field trips are exempt from the nutrition policy. A school official must approve the dates and purposes of the field trips in advance. o Competitions: The nutrition policy does not apply to students who leave campus to travel to athletic, UIL, band or other competitions. o This policy does not restrict what parents provide for their own child’s lunch or snacks.

Policies Regarding Fat and Fried Foods: (for reimbursable meals, a la carte, classroom snacks) - All Schools: o Fat: Schools and other vendors may only serve one individual food item that contains more than 23g of fat once a week and it may not exceed 28g of fat. (Excludes peanut butter when sold as part of a reimbursable meal.) o Effective immediately, schools must eliminate deep-fat frying as a method of on-site preparation for foods served through reimbursable meals, a la carte options, snack lines and competitive food vendors when applicable. Schools that must make extensive equipment or facility changes must be in compliance by SY2009-2010. o Foods that have been pre/flash/pan-fried by the manufacturer may be served as long as they are heated in a method other than deep-fat frying (includes potato products). o Baked potato products that are produced from raw potatoes and have not been fried in any way may be served without restriction. o Schools must include a request for trans fat information in all product specifications. Starting SY07-08, schools must reduce the purchase of any products containing trans fats. - Elementary Schools: o Servings of French fries and other fried potato products that have been pre/flash/par- fried by the manufacturer may not exceed 3 oz and may not be offered more than once a week. Students may only purchase one serving at a time. (Does NOT apply to potato chips.) - Middle/Junior High Schools: o Servings of French fries and other fried potato products that have been pre/flash/par- fried by the manufacturer may not exceed 3 oz and may not be offered more than three times a week. Students may only purchase one serving at a time. (Does NOT apply to potato chips.) - High Schools: o Servings of French fries and other fried potato products that have been pre/flash/par- fried by the manufacturer may not exceed 3 oz and students may only purchase one serving at a time. (Does NOT apply to potato chips.)

Portion Size and Nutrient Restrictions: (apply to all foods and beverages except reimbursable meals) - Elementary Schools: o Chips (baked or fried): Maximum 1.5 oz portion size . Maximum 7.5g fat per bag o Crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruit, jerky, and pretzels: Maximum 1.5 oz portion size o Cookies/cereal bars: Maximum 2 oz; Bakery items (e.g. pastries): Maximum 3 oz . Excludes items that count as two-bread components served/sold only at breakfast

Updated: January 14, 2008 www.schoolnutrition.org 54 . Total fat may not exceed 30% of calories OR contain more than 3g per 100 calories. . Saturated fat may not exceed 10% of calories OR contain more than 1g per 100 calories. . May contain no more than 10g sugar per oz. o Frozen desserts, ice cream, frozen yogurt, pudding, gelatin: Maximum 4 fl oz (1/2 c) o Yogurt: Maximum 8 fl oz (1 c) o Whole milk, flavored or unflavored: Maximum 8 fl oz (1 c) . Flavored milks may contain no more than 30g total sugar per 8 fl oz serving. o Reduced fat milk (2% or less) flavored or unflavored: Maximum 16 fl oz (2 c) . Flavored milks may contain no more than 30g total sugar per 8 fl oz serving. o Non-carbonated, unflavored water: No limit o 100% fruit and/or vegetable juice: Maximum 6 fl oz (3/4 c) . No more than 30g total sugar per 6 fl oz serving. o Frozen fruit slushes with at least 50% fruit juice: Maximum 6 fl oz (3/4 c) - Middle/Junior High Schools: o Same as elementary school standards without the restriction on juice. Any beverage other than milk and water must have a maximum serving size of 12 fl oz (1.5 c). They may contain no more than 30g total sugar per 8 fl oz serving. o Fruit slushes may have a maximum serving size of 8 fl oz (1 c). - High Schools: o Same as middle school standards except that fruit slushes may have a maximum serving size of 12 fl oz (1.5 c). o All non-FMNV candy bars and packaged candies are allowed. Maximum serving size is 1.5 oz.

Vending and Food Availability Restrictions: - All Schools: o Fruits and/or vegetables must be offered daily on all points of service, and should be fresh whenever possible. o Schools must offer 2%, 1% of skim milk at all points where milk is served. - Elementary Schools: o The only beverages that may be served are milk, unflavored water, and 100% fruit and/or vegetable juice. NO electrolyte replacement beverages (sports drinks) may be served or sold. - Middle/Junior High Schools and High Schools: o No other vending restrictions.

Competitive Foods and Snacks Policies: - All Schools: o Definition of “Competitive Foods” – Foods and beverages sold or made available to students that compete with the reimbursable meal programs. Includes, but is not limited to, food and beverages sold from vending machines, school stores, or school fundraisers. - Elementary Schools: o An elementary school campus may not serve competitive foods (or provide access to them through direct or indirect sales) to students anywhere on school premises until the end of the last scheduled class. Does not pertain to food items made available by the school food service department. All foods, beverages, and snack items must comply with the nutrition standards and portion size restrictions listed above. o Elementary schools may allow one nutritious snack per day under the teacher’s supervision. The snack may not be at the same time as the regular meal periods for that class. The snack should be provided at no cost to students. o Prepackaged snacks must be in single-size servings.

Updated: January 14, 2008 www.schoolnutrition.org 55 - Middle/Junior High Schools: o A middle or junior high school campus may not serve competitive foods (or provide access to them through direct or indirect sales) to students anywhere on school premises from 30 minutes before the 30 minutes after meal periods. This does not pertain to food items made available by the school food service department. All foods, beverages, and snack items must comply with the nutrition standards and portion size restrictions in this policy. - High Schools: o High schools may not serve competitive foods (or provide access to them through direct or indirect sales) to students during meal periods in areas where reimbursable meals are served and/or consumed. This does not pertain to food items made available by the school food service department. All foods, beverages, and snack items must comply with the nutrition standards and portion size restrictions in this policy.

School district must report in handbook and on website (if applicable) a statement of whether the district has adopted and enforces policies to ensure that district campuses comply with agency vending machine and food service guidelines for restricting student access to vending machines. ______Utah R277-719-3,4 (2008)

Vending Machine Policies: - Each school district and charter school shall develop a policy for schools that choose to provide vending machines that shall include: o A requirement that all agreements for vending machines be in writing in a contract form approved by the local board of education or charter school governing board; o Accepted uses of vending machine income; and o Generally accepted accounting procedures, including periodic reports to the district of vending machine receipts and expenditures.

District and School Policies Regarding Other Food Sales on Campus: - Each charter school and school district shall adopt a written policy for the sale of all foods that are not part of the reimbursable lunch, breakfast or after-school snack programs (i.e., vending, a al carte or other food sales). The policy shall apply to all foods sold anywhere on school grounds during the school day when school is in session in all areas of the school accessible to students. - Policies must be turned in to the Utah State Office of Education (USOE) by January 12, 2009. - The policy may: o Prohibit the sale of foods of minimal nutritional value o Limit beverage size to no more than 20 oz, excluding water o Limit all foods to no more than 300 calories per unit o Prohibit foods . That are more than 35% total fat (not including nuts, seeds, non-fat and low- fat dairy) . In which more than 10% total calories come from saturated fat (not including nuts, seeds, non-fat and low-fat dairy) . That contain any trans fats . That list ‘caffeine’ as an ingredient . In which more than 35% of the product is sugar by weight (not including 100% fruit or vegetable juice with no added sugars; fruits; vegetables; nonfat or low-fat milk or yogurt) . With a sodium content greater than 200mg per portion (not including 100% fruit or vegetable juice; fruits; vegetables; nonfat or low-fat milk, yogurt or cheese)

Updated: January 14, 2008 www.schoolnutrition.org 56 ______Vermont

No state policy. ______Virginia 8VAC20-290-10 (1980) requires that any a la carte food and beverages sold during lunch periods must be limited to only those identified as components of the school lunch program’s Type A lunch and breakfast. The income from the sales must accrue to the school lunch account. The code also recommends high schools only sell items that are of recognized nutritional value, in keeping with the federal requirements.

According to the Food and Nutrition Service of the USDA, the following competitive food rules also apply:

Any food or beverage sold (including a la carte) in Virginia schools from 6:00 a.m. until the end of breakfast period, and during the lunch period, must meet the following nutrition standards: the foods and beverages sold must either be a recognized component of the food-based meal pattern or must contain 5 percent of the Daily Value, per serving or per 100 calories, of at least one of these eight essential nutrients: iron, calcium, protein, vitamin A, vitamin C, niacin, thiamine, or riboflavin. The money from the sale of food or drink during the protected time periods must accrue to the school nutrition program account. Iced or hot coffee or tea may not be sold to students; non-carbonated water may be sold.

Virginia Governor Mark Warner issued recommended nutrition guidelines for foods sold in schools in 2005:

 30% calories from fat  10% calories from saturated fat  35% weight sugar  Less than 300 calories per serving  Reduce trans fats

______

Washington

RCW 28A.210.360 (2005): States that the school directors association must work with other relevant parties to develop a model wellness policy that includes guidelines for nutritional content of foods and beverages. The school directors association shall submit the model policy along with a recommendation for local adoption to the governor and the legislature by January 1, 2005. Each districts’ board of directors is then required to establish its own wellness policy by August 1, 2005.

RCW 28A.210.365 (2007) sets nutrition goals for school food and beverages to be met by 2010.

- GOAL: By 2010, only healthy food and beverages provided by schools during school hours or for school-sponsored activities shall be available on school campuses. Minimum standards for available food and beverages, except food served as part of a USDA meal program, are: o Fat: Not more than 35%of its total calories shall be from fat. (This restriction does not apply to nuts, nut butters, seeds, eggs, fresh or dried fruits, vegetables that have not been deep-fried, legumes, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products) o Saturated Fat: Not more than 10% of its total calories shall be from saturated fat. (This restriction does not apply to eggs, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products.) o Sugar: Not more than 35% of its total weight or fifteen grams per food item shall be composed of sugar, including naturally occurring and added sugar. (This restriction does not apply to the availability of fresh or dried fruits and vegetables that have not been deep-fried.)

Updated: January 14, 2008 www.schoolnutrition.org 57 - The above standards do NOT apply to: o Low-fat and nonfat flavored milk with up to 30g sugar per serving o Nonfat or low-fat rice or soy beverages o 100% fruit or vegetable juice ______West Virginia

H 2816 (2005) Board Policy 4321.1 (2008) Code §18-2-6a (no date available) (in blue)

H 2816 (2005) was signed by the governor on May 2, 2005. The bill relates to the promotion of healthy lifestyles; creates a Healthy Lifestyles Office in the Department of Education and the Arts; establishes a voluntary menu-labeling program; requires physical activity in schools; and encourages the offering of healthy foods and beverages in the vending machines of schools.

In 2008, the state Board of Education repealed Board Policy 4321.1 and replaced it with a new policy that sets standards for school nutrition that went into effect July 1, 2008. The new policies are described in detail below.

Definitions: - Other foods and beverages: Any food or beverage sold, served or distributed to students including snacks from vending machines, school stores, parties, and school day fund raising activities, except those served as part of the child nutrition program meals and snacks. Other foods do not include those brought to school by individual students for their own consumption. - Competitive foods: All foods and beverages sold, served or distributed in competition with meals served under the USDA Child Nutrition Programs in food service areas during the meal service periods. - In-school snacks: Nutritious snacks that are not federally subsidized and provided at cost through the child nutrition program during the school day. - Bottled water: plain natural water containing no additives. - Candy: Any food that, as served in its finished form, contains by weight, more than 35% sugar and/or other sweetening agents, or any food product commonly referred to as “candy”. - Nutritious choices: Defined as fruits, vegetables, plain water, 100% fruit/vegetable juices; non-fat and/or 1% milk, cheese, yogurt; grain foods containing whole grain as the first listed ingredient; nuts and/or seeds.

The following standards apply to all ‘other foods and beverages’ made available on the school premises during the school day

Nutrition Standards: - Total Calories: No more than 200 calories per product/package - Total Fat: No more than 35% total calories from fat per product/package o Excludes nuts, seeds and cheese - Saturated Fat: No more than 10% total calories from saturated fat - Trans Fat: No more than 0.5g per product/package - Sugar: No more than 35% total calories from sugar per product o Excludes fruits - Sodium: No more than 200mg per product/package

Healthy Beverage and Soft Drink Vending Restrictions:

Updated: January 14, 2008 www.schoolnutrition.org 58 - “Healthy beverage” means water, 100% fruit and/or vegetable juice, low-fat milk and other juice beverages with a minimum of 20% real juice. - Healthy beverages and soft drinks may NOT be sold during breakfast and lunch periods in any schools. - Soft drinks may NOT be sold during the school day in areas accessible to students in an elementary school or middle/junior high school by any means. Only healthy beverages may be sold. (Does not limit fundraising activities when the items are intended for sale off school grounds.) - High schools that permit soft drink sales through vending machines also shall offer the sale of healthy beverages. Of the total beverages offered for sale, at least 50% shall be healthy beverages. Vending machines containing healthy beverages shall be in the same location or substantially similar location as vending machines containing soft drinks. - 75% of profits from the sale of healthy beverages and soft drinks shall be allocated by a majority vote of the faculty senate of each school and 25% of the profits from such sales shall be allocated to the purchase of necessary supplies by the principal of the school.

Portion Size Limits: - Fruit/Vegetable Juice: o Elementary school limit: 4 oz per product/package o Middle/high school limit: 8 oz per product/package

Vending and Availability Regulations: - Meal Service Periods: Foods and beverages may not be sold, served or distributed in competition with the federal nutrition programs in the food service areas during the meal service periods. - A la carte: All meals must be served and priced as a unit. Only fluid milk, non-fat and/or 1% low-fat milkshakes and bottled water may be sold as a la carte items for breakfast or lunch at any grade level. - ‘ Other foods and beverages’ may not be sold, served or distributed in such a way to encourage the distribution or purchase of these items as a ready substitute for, or in addition to, reimbursable meals. Wherever and whenever these foods are sold, served or distributed on school premises, outside the school day, such foods shall include nutritious choices. - Elementary Schools: Except for foods served in the school nutrition programs, no food or beverage shall be sold, served or distributed to students in elementary schools from the time the first child arrives at school until 20 minutes after all students are served lunch. - No candy, soft drinks, chewing gum, or flavored ice bars will be sold, served or distributed during the school day. (Except as soft drink sales to high school students are allowed during the day except during the breakfast and lunch periods.) - The sale, service or distribution of coffee and coffee-based products is prohibited during the school day. - Caffeine containing beverages, with the exception of those containing trace amounts of naturally occurring caffeine substances, are prohibited. - The sale, service or distribution of any foods containing non-nutritive/artificial sweeteners is prohibited. - Foods and beverages shall not be offered as a reward or used as a means of punishment or disciplinary action for any student during the school day. - Food Safety/Special Needs: Due to special dietary needs and food safety concerns, foods and beverages brought or delivered from outside sources may be consumed only by individual students for which they were brought or delivered. Organized food events and celebrations held during the school day shall be regulated and monitored by school personnel to meet the requirements of this policy. - Water: Schools shall make available plain, unflavored water throughout the school day at no charge.

Contracting and Marketing Regulations:

Updated: January 14, 2008 www.schoolnutrition.org 59 - Food and beverage contracts must comply with relevant laws and policies. All contracts shall be approved and signed by the county board or board-designated approval authority. County boards of education, not individual schools, are statutorily created and given authority to contract. Contracts shall facilitate the WVBE efforts to offer and promote nutritious food and beverage choices. - Fundraising: On school premises, from the arrival of the first child at school until the departure of the last regularly scheduled school bus, all fund raising activities involving foods and beverages shall comply with all standards and regulations.

Recommendations: - WVBE recommends that only water, 100% fruit and/or vegetable juice and non-fat and/or 1% low-fat milk, flavored or unflavored be sold, served or distributed during the school day. WV law does allow the sale of soft drinks in high schools and only requires a minimum of 20% real juice in juice, but these recommendations are provided to encourage healthier choices in students. - WVBE strongly recommends that other juice beverages not contain added sugar - WVBE recommends that county board of education minimize marketing of other foods and beverages in the high school setting by locating their distribution in low student traffic areas and by ensuring that the exterior of vending machines does not depict commercial logos of products or suggest that the consumption of vended items conveys a health or social benefit. ______Wisconsin Statute 118.12 (2001) allows any person to sell or promote the sale of foods or services on school district property provided that no district employee receives personal benefit that is of any value from the sale. Upon the board entering into a contract with one vendor that gives the exclusive right to sell soft drinks in one or more schools of the district, the contract may not prohibit the sale of milk in any school. The board must further ensure that milk is available to the maximum extent possible. ______Wyoming

No state policy. ______

SNA State Policy Index http://docs.schoolnutrition.org/childnutrition/govtaffairs/statutes/

2002 list of state nutrition requirements from USDA: http://www.fns.usda.gov/cnd/lunch/CompetitiveFoods/state_policies_2002.htm

National Association of State Boards of Education State Level School Nutrition Policies http://www.nasbe.org/HealthySchools/States/Topics.asp?Category=C&Topic=1

Updated: January 14, 2008 www.schoolnutrition.org 60

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