State Competitive
Foods Policies
Updated by USDA
September 2002
STATE |
POLICY |
Alabama |
The sale of foods of minimal
nutritional value during meal service times will continue to
be prohibited. Schools are required to restrict student
access to concession, extra sales, vending and fundraisers
that are in direct competition with the Child Nutrition
Program during meal services anywhere on campus. If income
from such sales occurs, the revenue is required to be
deposited into the Child Nutrition account. |
Alaska |
USDA Regulations |
Arizona |
USDA Regulations |
Arkansas |
USDA Regulations |
California |
The law currently in effect,
requires that 50% of the items, other than foods reimbursed
under federal law, offered for sale each school day at any
schoolsite by any entity or organization during regular
school hours be selected from a prescribed list of foods.
In
2002, a new law (SB 19) was passed. The law will become
operative Jan. 2004 if funds are appropriated in Budget Act
of 2003 for the purpose of increasing State meal
reimbursements by ten cents for all meals served, including
paid, free, and reduced price meals. Establishes nutrition
standards at elementary schools:
1) The only food
that may be sold to pupils during breakfast and lunch
periods is food that is sold as a full meal. Fruit,
non-fried vegetables, legumes, beverages, dairy products, or
grain products may be sold as individual food items if they
meet the following nutrition standards:
- Not more than 35%
total calories from fat (excluding nuts and
seeds)
- Not
more than 10% total calories from saturated fat
- Not more
than 35% total weight from sugar (excluding fruits
and
vegetables)
2) The only beverages that can be sold are
water, milk, and juice that is at least 50% fruit juice with
no added sweeteners.
3) Foods sold as part of fundraising
are exempted from the above standards if sold off campus or
one-half hour after the end of the school day.
In Middle
Schools:
1) No carbonated beverage allowed from ½ hour
before school to end of the last lunch period.
In
HighSchools:
1) The above standards will only be
implemented in 10 or more school sites that are awarded a
two-year grant. |
Colorado |
No competitive foods offered
on campus from ½ hour prior to until ½ hour after the last
regular breakfast or lunch. This may be waived for
mechanically-vended beverages in senior high. Federal
regulations for FMNV cannot be waived for any grade level. |
Connecticut |
No extra food items anywhere
on campus from ½ hour before and after any state or
federally subsidized milk or food service program. Extra
foods means tea (including iced tea), coffee, soft drinks,
and candy. Income from sales of any foods served on campus
during this time must accrue to the food service account. |
Delaware |
USDA Regulations. (Has
recommended policies.) |
District of Columbia |
USDA Regulations |
Florida |
No competitive foods in
elementary schools. No competitive foods sold until one hour
after last lunch period in secondary schools. However, in
high schools, the sale of carbonated beverages is allowed at
all times if a 100% fruit juice is sold at each location
where the carbonated beverages are sold. The location cannot
be where breakfast or lunch are served or eaten. 100/% juice
may be sold all times during the day at any location. |
Georgia |
No foods of minimal
nutritional value in elementary school until last lunch
group is scheduled to return to class. In other schools, no
foods of minimum nutritional value in dining, serving or
kitchen areas during mealtime. |
Guam |
|
Hawaii |
The sale of food in all
elementary and secondary schools shall be limited to the
School Breakfast Program, School Lunch Program and approved
cafeteria supplementary food items. Schools shall not permit
anywhere on campus the sale of the other foods from the
beginning of the school day to the ending of the school day
except certain beverages through vending machines. These
beverages may not be sold during meal serving periods. (At
least one machine shall vend bottled water. Coffee and
coffee-based beverages are not allowed.) Vending machines on
elementary campuses should not be accessible to students. |
Idaho |
USDA Regulations |
Illinois |
No competitive foods in
elementary schools during regular breakfast and lunch
periods. Competitive foods include all confections, candy,
potato chips, carbonated beverages, fruit drinks containing
less than 50% pure fruit juice, tea, coffee, and any other
foods or beverages designated as such by the State Board of
Education. Income from sale of all food and beverages
provided in any dining or serving area during the designated
breakfast and lunch periods shall accrue to the food service
account. |
Indiana |
USDA Regulations |
Iowa |
USDA Regulations |
Kansas |
USDA Regulations |
Kentucky |
No competitive foods on
campus until ½ hour after last lunch period. |
Louisiana |
Competitive foods are allowed
in Grade K-6 before the end of the last lunch period and in
Grades 7-12 before the last 10 minutes of each lunch period
only if income accrued to the school foodservice account and
expended only for Child Nutrition Program purposes. A la
carte meal service is prohibited. However, extra items may
be sold only to those who have received a complete meal and
the items must meet component requirements as defined by
Enhanced Food-based Menu regulations. The only exceptions
are milkshakes, yogurt, frozen yogurt, ice cream, and ice
milk. Full-strength juice, milk, and bottled water
(unflavored with no additives) may be sold at any time
during the day to anyone, whether or not they have purchased
a meal. |
Maine |
Only the School Foodservice
Program can sell food/beverages (that exceed the 5% minimal
nutritional value per 100 calories rule) on campus during
the school day and profits must accrue to the foodservice
program. However, local school boards may establish, by
policy, a process whereby a school or approved student
organization is allowed to benefit from the sale of such
foods and beverages. |
Mariana Islands |
|
Maryland |
No foods of minimal
nutritional value until the end of the last lunch period. |
Massachusetts |
USDA Regulations |
Michigan |
USDA Regulations |
Minnesota |
USDA Regulations |
Mississippi |
No food is to be sold on
campus for one hour before breakfast or lunch and until the
end of either serving period. School Foodservice shall sell
only those foods that are components of the approved Federal
meal patterns being served (or milk products). With the
exception of milk products, a student may purchase the
individual components of the meal only if the full meal also
is being purchased. |
Missouri |
USDA Regulations |
Montana |
USDA Regulations |
Nebraska |
No competitive foods anywhere
on campus from ½ hour before until ½ hour after breakfast
or lunch. |
Nevada |
USDA Regulations |
New Hampshire |
USDA Regulations |
New Jersey |
No food of minimal
nutritional value on campus until the end of the last lunch
period. Funds from sale of foods and beverages during the
hours of operation of the school lunch and breakfast
programs must accrue to the foodservice account. |
New Mexico |
USDA Regulations |
New York |
From the beginning of the
school day until the end of the last scheduled meal period,
no sweetened soda water, no chewing gum, no candy including
hard candy, jellies, gums, marshmallow candies, fondant,
licorice, spun candy and candy coated popcorn, and no water
ices except those which contain fruit or fruit juices, shall
be sold in any public school within the State. |
North Carolina |
Competitive food sales are
allowed in the lunchroom or its general environs if the
profits accrue to school foodservice and used solely for the
school meal programs. Schools may sell extra food items
after the established lunch hour is over, only with the
approval of the local board of education. Local board
approval is also needed to sell soft drinks to students so
long as soft drinks are not sold during the lunch period, at
elementary schools, or contrary to the requirements of the
National School Lunch Program. A la carte foods may not
include food of minimum nutritional value. |
North Dakota |
USDA Regulations |
Ohio |
USDA Regulations |
Oklahoma |
USDA Regulations |
Oregon |
USDA Regulations |
Pennsylvania |
USDA Regulations |
Puerto Rico |
|
Rhode Island |
USDA Regulations |
Samoa |
|
South Carolina |
USDA Regulations |
South Dakota |
USDA Regulations |
Tennessee |
USDA Regulations |
Texas |
USDA Regulations |
Utah |
USDA Regulations |
Vermont |
USDA Regulations |
Virginia |
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 standard. The
foods and beverages sold must either be a recognized
component of the food based meal pattern or must contain 5%
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. |
Virgin Islands |
USDA Regulations |
Washington |
USDA Regulations |
West Virginia |
No foods of minimal
nutritional value may be served or sold to students during
the instructional day, except that county boards may permit
the sale of soft drinks in county high schools except during
breakfast and lunch periods. Revenues accrue to the
principal for purchase of school supplies and to the faculty
senate for allocation. The state has nutritional standards
for foods served in schools during the day including:
1) no
foods containing 40% or more sugar by weight,
2) any juice
or juice product must contain a minimum of 20% real juice,
and
3) all “other” foods shall reflect the Dietary
Guidelines for fat by limiting the number of fat grams to
not more than 8 per one ounce serving, or meet the USDA
standard for a lunch component. Only meal components may be
sold as a la carte for breakfast, and only fluid milk,
milkshakes and bottled water (100% natural spring water
containing no additives) may be served as a la carte items
for lunch. |
Wisconsin |
USDA Regulations |
Wyoming |
USDA Regulations |
Federal Regulations Definitions:
Competitive Foods:
Means any foods sold in competition with the Program to children
in food service areas during the lunch periods.
Food of Minimal Nutritional Value (FMNV) means:
(i) In the case of artificially
sweetened foods, a food which provides less than five percent of
the Reference Daily intakes (RDI) for each of eight specified
nutrients per serving; and
(ii) In the case of all other
foods, a food which provides less than five percent of the RDI
of each of eight specified nutrients per serving.
The eight nutrients to be
assessed for this purpose are - protein, vitamin A, vitamin C,
niacin, riboflavin, thiamine, calcium, and iron. The categories
of FMNV include: soda water, water ices, chewing gum, certain
candies, hard candy, jellies and gums, marshmallow candies,
fondant, licorice, spun candy, and candy coated popcorn.
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