Exemptions Under the Competitive Foods Regulation To: Al
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United States Department of Agriculture Food and Nutrition Service Southeast Region Reply to Attn. of: CN 11 -1 January 5, 2006 Subject: Policy Memorandum 210.11-17 and 220.12-05: Exemptions under the Competitive Foods Regulation To: All State Directors National School Lunch Program (NSLP) Southeast Region This memorandum is being reissued to correct the policy number. This is to inform you of recent changes to the list of exemptions under the Competitive Foods Regulation. This policy rescinds memorandum 210.11-16 and 220.12-04. Four new companies have had products added to the list of those exempted as “foods of minimal nutritional value” as defined in 7 CFR Part 210.11 (a) (2) and Part 220.2 (i-1). Perfetti Van Melle has added Airheads Fruit Spinners Fruit Snacks, Fruit Punch. Masterfoods USA has added Xfruts Hyperfruit Snacks™. Au’some Snack Naturally Inc. has added Florida’s Natural Au’some Fruit Juice Nuggets Fruit Snacks in Orange, Strawberry, Cranberry Apple, Blueberry; Fruit Juice Sour String Fruit Snacks in Orange, Strawberry, Cranberry Apple, Blueberry; and Fruit Juice Shapes Fruit Snacks. Talking Rain Beverage Company has added Sparkling Spring water with 3% juice beverage flavored Black Raspberry, Sparking ICE beverage flavored Black Raspberry, and Sparkling Juice Drink beverage flavored Cascade Blackberry. Canada Pure has removed Peach flavor and added Strawberry flavor to the Sparkling Refreshers list of products exempted from the “soda water” category of “foods of minimal nutritional value” [7 CFR Part 210 Appendix B (a)(1) and Part 220 Appendix B (1)]. The ingredient statement for all Canada Pure exempted products has changed and matches the ingredient statement for the new Strawberry flavor. General Mills has added Betty Crocker® Special Edition Watermelon Blast flavored Fruit Gushers, Betty Crocker® Special Edition Fruit Roll-Ups® in Strawberry flavor, Betty Crocker® Special Edition Fruit Gushers® in Strawberry flavor, Betty Crocker® Special Edition Fruit by the Foot® Sweetened with Splenda® in Berry Tie-Dye® flavor, and Betty Crocker® Special Edition Fruit Roll-Ups® Sweetened with Splenda® in Strawberry flavor to the list of products exempted from the jellies and gums category of “foods of minimal nutritional value”. General Mills has also changed the product formulation for the following products: Sunkist Special Edition Mixed Fruit flavored Fruit Snacks; Betty Crocker® Special Edition Fruit Roll- 61 Forsyth Street, S.W., Room 8T36, Atlanta, GA 30303-3415 FORM FCS-603 (3-96) Page 2 Ups® in Cherry Orange Wildfire™, Crazy Colors®, Blastin’ Berry Hot Colors® (Electric Yellow™, Blazin’ Blue®, Sizzling Red®, Screamin’ Green®), Tropical Tie-Dye™ flavors; All State Directors, (NSLP) Betty Crocker® Special Edition Fruit by the Foot® in Cherry Rage, Strawberry, Berry Tie- Dye, Color by the Foot®, Triple Fruit Punch flavor; and Betty Crocker® Special Edition Scooby Doo™ Fruit Snacks. The exemption of the products listed above means that they are no longer considered foods of minimal nutritional value and can therefore be sold during the meal period in a school food service area. This does not mean that these products are approved or endorsed by the Food and Nutrition Service. Nor does an exemption indicate that these products have significant nutritional value. In addition, the exemptions should not be perceived as guidance or encouragement to State agencies and school food authorities concerning their possible purchase. As always, please be aware that several companies with exempted foods produce similar products that are not exempted, and are therefore, still considered foods of minimal nutritional value. The exemption of one product does not mean that similar products or a family of products are exempted, unless specifically stated in an exemption letter and included on the exemption list. The ingredient statement of each exempted food is included in the enclosed exemption list. This should allow schools to differentiate between exempted products and similar non-exempted products. If there are any questions on the exemption list or the new additions made to the list, please contact my staff at (404) 562-7050. LANNA R. KIRK Regional Director Special Nutrition Programs Attachment Ref: Issued by CND – 10/05/2005 – Exemptions under the Competitive Food Regulation Updated 10/05/05 EXEMPTIONS UNDER THE COMPETITIVE FOODS REGULATION Knudson and Sons, Inc. Orange Passionfruit Spritzer Labels bearing the above product name will have the following ingredient statement: Sparkling water; white grape, passionfruit, and orange juice concentrates; natural flavors. Orange Spritzer Labels bearing the above product name will have the following ingredient statement: Sparkling water, concentrated white grape and orange juices, natural flavors. Jamaican Style Lemonade Spritzer Labels bearing the above product name will have the following ingredient statement: Sparkling water, white grape and lemon juice concentrates natural flavors. FJ FIZZ Grape flavored sparkling fruit juice beverage from concentrates Labels bearing the above product name will have the following ingredient statement: Sparkling water, concentrated white grape and Concord grape juice, concentrated acerola cherry puree, natural flavors. Cherry flavored sparkling fruit juice beverage from concentrates Labels bearing the above product name will have the following ingredient statement: Sparkling water; concentrated apple, cherry, pineapple, and plum juices; natural flavors; concentrated acerola cherry puree. Strawberry flavored sparkling fruit juice beverage from concentrates Labels bearing the above product name will have the following ingredient statement: Sparkling water; concentrated white grape, apple, strawberry, and pineapple juices; concentrated acerola cherry puree; natural flavors; grape skin extract (for color). Raspberry flavored sparkling fruit juice beverage from concentrates Labels bearing the above product name will have the following ingredient statement: Sparkling water, concentrated white grape and raspberry juices, natural flavors, concentrated acerola cherry puree. Orange flavored sparkling fruit juice beverage from concentrates Labels bearing the above product name will have the following ingredient statement: Sparkling water; concentrated white grape, orange, and apple juices; orange oil. Cherry Cola flavored sparkling fruit juice beverage from concentrates Labels bearing the above product name will have the following ingredient statement: Sparkling water, concentrated white grape and cherry juices, natural flavors, concentrated acerola cherry puree. Great Brands of Canada, Ltd. ALL CANADIAN BRAND Sparkling Spring Water with natural fruit flavors (Strawberry) Sparkling Spring Water with natural fruit flavors (Black Cherry) Sparkling Spring Water with natural fruit flavors (Raspberry) Sparkling Spring Water with natural fruit flavors (Peach Orange) Sparkling Spring Water with natural fruit flavors (Watermelon) Sparkling Spring Water with natural fruit flavors (Lemon Lime) Labels bearing the above product names will have the following ingredient statement: Spring water, high fructose corn syrup, citric acid, concentrated fruit juice (Caribbean cherry and/or Kiwi), natural flavors, sodium benzoate, potassium sorbate (as a preservative), ascorbic acid (as an antioxidant), carbon dioxide. Farley Foods, U.S.A. Farley's THE ROLL Cherry Fruit Roll slp Labels bearing the above product name will have the following ingredient statement: Fruit (pears, oranges, cherries), sucrose, maltodextrin, partially hydrogenated vegetable oil (cottonseed, soybean), malic acid, citric acid, glycerol monostearate, natural and artificial flavor, pectin, ascorbic acid (vitamin C), alpha-tocopherol acetate (vitamin E), beta carotene (vitamin A), red 40. Farley's THE ROLL Strawberry Fruit Roll slp Labels bearing the above product name will have the following ingredient statement: Fruit (pears, oranges, strawberries), sucrose, maltodextrin, partially hydrogenated vegetable oil (cottonseed, soybean), malic acid, citric acid, glycerol monostearate, natural and artificial flavor, pectin, ascorbic acid (vitamin C), alpha-tocopherol acetate (vitamin E), beta carotene (vitamin A), red 40. General Mills, Inc. FRUIT by the FOOT (SPECIAL EDITION) Color by the Foot, Triple Fruit Punch (The ingredient statement for this product has changed.) Labels bearing the above product name will have the following ingredient statement: Grapes from concentrate, sugar, maltodextrin, pears from concentrate, corn syrup, partially hydrogenated cottonseed oil, carrageenan, citric acid, acetylated mono and diglycerides, sodium citrate, malic acid, xanthan gum, vitamin C (ascorbic acid), locust bean gum, natural flavor, potassium citrate, color (yellow 5, red 40, blue 1), acerola extract (a natural source of vitamin C). Strawberry Fruit by the Foot (The ingredient statement for this product has changed.) Labels bearing the above product name will have the following ingredient statement: Grapes from concentrate, sugar, maltodextrin, corn syrup, pears from concentrate, partially hydrogenated cottonseed oil, carrageenan, citric acid, acetylated mono and diglycerides, sodium citrate, malic acid, xanthan gum, vitamin C (ascorbic acid), locust bean gum, potassium citrate, color (red 40), acerola extract (a natural source of vitamin C), natural flavor. Berry Tie-Dye Fruit by the Foot (The ingredient statement for this product has changed.) Labels bearing the above product name will have the following ingredient