Competitive Food and Beverage Sales in Schools

Definition of Competitive Foods Any food sold in schools that is not part of the federal school meal programs: Student stores Snack bars A la carte lines Fundraising sales Vending machines Competitive foods and beverages are those products sold in schools that are NOT part of the federal school meals program. They are sold a la carte and can be found in various places like in students stores, fundraisers, and/or NSD a la carte food lines. These foods and beverages have been termed “competitive foods” as they often compete with the foods and drinks available through the school breakfast and lunch programs.

Student / School Organization Sales Profit sharing no longer allowed no club cards CA regulations for the sale of food and beverages to students New nutrient standards –Federal Food fundraisers are included

Profit Sharing Assembly Bill (AB) 86 repealed EC Section 38092 which allowed profit sharing agreements with student organizations Effective July 1, 2013 % sales to Cafeteria Fund no longer allowed

Student Organizations Elementary Schools CA Code of Regulations section 15500 Effective midnight to ½ hour after school Applies to food and beverage sales by student/school organizations Not prepared on campus or in private homes Safe food handling practices in compliance with the Health & Safety Code Must meet nutrition requirements – state & new federal

Student Organizations Elementary Schools Student organization sales must meet all of the following:   Only one food or beverage item per sale The food or beverage item must be pre-approved by the governing board of the school district The sale must occur after the lunch period has ended. Each school is allowed four sales per year The food or beverage item cannot be the same item sold in the food service program at that school during the same school day

Student Organizations Middle & High Schools CA Code of Regulations section 15501 Same as for Elementary Schools, plus: Restrictions apply to all sales, including vending machines and student stores ALL food/beverages sold during the school day to students must meet nutrition requirements, both state & new federal

Student Organizations Middle & High Schools Up to three categories of foods or beverages may be sold each day (e.g., chips, cookies, juices, etc.). Food or beverage item(s) must be pre-approved by governing board of school district. Only one student organization may be allowed to sell each day. Food(s) or beverage(s) cannot be prepared on the campus.

Student Organizations Middle & High Schools The food or beverage categories sold cannot be the same as the categories sold in the food service program at that school during the same school day. In addition to one student organization sale each day, any and all student organizations may sell on the same four designated days per year. School administration may set these dates (food sold must still be compliant if during the school day).

USDA Smart Snacks in Schools and California Requirements Combined Competitive Food and Beverage Rules USDA Smart Snacks in Schools and California Requirements Combined

Implementation of ALL provisions in the Smart Snacks in Schools Rule Important Date July 1, 2014 Implementation of ALL provisions in the Smart Snacks in Schools Rule 10 10

Definitions School Campus All areas of the property under the jurisdiction of the school that are accessible to students during the school day. USDA has also defined “school campus” within the proposed regulations. Again, we find that California interprets “school campus” in the same way.

Definitions School Day From midnight to 30 minutes after the school day ends USDA has also defined “school day” as… As you see, USDA’s definition is stricter than California’s. USDA’s definition would not allow ANY noncompliant sales before school, while California’s can potentially allow noncompliant sales before school.

Nutrition Standards Foods

Foods Specific Nutrient Standards Snacks: Fat ≤ 35% cal Sat Fat < 10% cal Trans Fat ≤ 0.5 g/svg Sugar ≤ 35% by wt Calories Elem ≤ 175 cal Mid/High ≤ 200 cal Sodium ≤ 230 mg Entrées: Fat ≤ 35% cal Sat Fat < 10% cal Trans Fat ≤ 0.5 g/svg Sugar ≤ 35% by wt Calories ≤ 350 cal Sodium ≤ 480 mg Both USDA and California have developed specific standards for nutrients, which are… Elementary schools can only sell what are considered “snacks”, while secondary schools can sell “snacks” and “entrees” that meet the guidelines listed. At this time, we have found 2 pizza companies (Pizza Hut & Papa Murphy’s) that make a pizza slice that meets these requirements. Items such as Cup of Noodles are not compliant and can not be sold during school hours. Cup of Noodles has over 1000mg of sodium per serving and the fat calories are from 39% to 43% per serving, depending on the flavor…….

Nutrition Standards Beverages

Beverages Elementary & Middle Schools No other beverages allowed except: Water (any serving size) Milk Juice ≥ 50% fruit/vegetable juice No added sweeteners ≤ 12 fl. oz. for MS ≤ 8 fl. Oz for Elem Compliant beverages in elementary & middle schools are…

Beverages High Schools Water Plain Any serving size Juice ≥ 50% fruit/vegetable juice No added sweeteners ≤ 12 fl. oz. serving size Compliant beverages in High Schools are…

Beverages High Schools Milk Unflavored (1%/nonfat) Flavored (nonfat) ≥ 25% DV for calcium Vitamins A and D ≤ 28 grams sugar per 8 fl. oz. ≤ 12 fl. oz. serving size Compliant beverages in High school are… Non Dairy/Nutritionally equivalent means: must include, per 8 fl. oz., at least 276 mg calcium, 8 grams protein, 500 IU Vitamin A, 100 IU Vitamin D, 24 mg magnesium, 222 mg phosphorus, 349 mg potassium, 0.44 mg riboflavin, and 1.1 mcg Vitamin B12.

Beverages High School Other Non-calorie Beverages Water as first ingredient ≤ 16.8 grams added sweetener/8 fl. oz. ≤ 5 calories/8 fl. oz. (or ≤ 10 cal/20 fl. oz.) 10-150 mg Na+/8 fl. oz. 10-90 mg K+/8 fl. oz. No added caffeine ≤ 20 fl. oz. serving size Compliant beverages in high school are…

Beverages High School Other Low-calorie Beverages Water as first ingredient ≤ 16.8 grams added sweetener/8 fl. oz. ≤ 40 calories/8 fl. oz. 10-150 mg Na+/8 fl. oz. 10-90 mg K+/8 fl. oz. No added caffeine ≤ 12 fl. oz. serving size Compliant beverages in high school are…

Fundraising

Fundraising No exempted fundraisers allowed during the school day (midnight to 30 min. after school) California does not allow for exempt fundraisers. We, as with the USDA proposed rule, do allow for non-compliant items to be sold from ½ hour after the school day.

Quick Reference Cards SB 12, 965, 490 applies (ANY entity selling foods/bevs outside of the school meal program, during the school day, public school) CCR 15575-15578 applies (ALWAYS goes with SB 12, 965, 490 as these regulations clarify what is in SB 12 and 965) CCR 15500-15501 applies (student group) Local School Wellness Policy applies (all schools that participate in the National School Lunch Program are mandated to adopt a Local School Wellness Policy) Food of Minimal Nutritional Value does NOT apply as the sale does not occur during a meal period 23 23

For more information visit the “Internal Auditor” website! http://www.vusd.org/Departments.cfm?subpage=37318

ASB Roles and Responsibilities What is your role? What are your responsibilities? Note: New ASB manuals will be coming in the near future, training will be provided Questions? (We Questions!) Brandy Spray, Internal Auditor bspray@vusd.org or 679-1919