Competitive Food Sales And/Or Service

OREGON DEPARTMENT OF EDUCATION Office of the Superintendent Public Service Building Child Nutrition Programs 255 Capitol Street NE (503) 947-5894 Salem, OR 97310-0203

Competitive Food Sales and Foods of Minimal Nutritional Value

Through lawsuits and legislative changes, Federal authority in the area of competitive foods and Foods of Minimal Nutritional Value (FMNV) was narrowed in 1991 to have jurisdiction only over the food service area during program meal periods in schools with National School Lunch and Breakfast Programs. State Agencies or local School Food Authorities (SFAs) may set more stringent rules.

Competitive Foods and Foods of Minimal Nutritional Value have unique definitions and there are different rules governing the sale and service of each.

Competitive Foods

Competitive Foods: Any food sold in the food service area(s) during Program meal periods in competition with reimbursable Program meals served under the NSLP or SBP

At the discretion of the School Food Authority (Sponsor of National School Lunch or Breakfast Programs), the sale of competitive foods may be allowed in the food service areas during program meals only if:  All income from such sales accrues to the benefit of the nonprofit school food service or the school or student organization approved by the school board.  The district has on file a copy of the official school board approval describing district policy for sale of competitive foods in the food service area during Program meal periods.

Foods of Minimal Nutritional Value (FMNV)

FMNV: Four classes of foods (Soda Water, Water Ices, Chewing Gum, Certain Candies) specifically defined in regulations under 7 CFR 210, Appx. B. Many branded food items originally defined as FMNV have been exempted by USDA through a petitioning procedure requested by the manufacturer. Please see the most recent USDA exemption list.

FMNV may not be sold or served in the food service area(s) during Program meal periods. The term food service area refers to any area on school premises where program meals are both served and eaten as well as any areas in which program meals are either served or eaten. Eating areas separate from the serving lines are clearly part of the food service area.

FMNV may be purchased with School Food Service Account funds only if they are:  Served outside the food service areas during Program meal periods.  Served in the food service areas outside of Program meal periods.

 Purchases are self-sustaining.

Regulation Citations: 7CFR 210.11, 220.12; Appendix B to part 210; APB SP-01-04; APB CNP 04-04; SP 09- 2011, TA 02-2011; OAR 581-051-0100

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