1. Competitive Food and
Beverage Sales
in Schools

2. 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.

3. 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

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Assembly Bill (AB) 86 repealed EC Section which allowed profit sharing agreements with student organizations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

5. 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

6. 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

7. 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

8. 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.

9. 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).

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

11. 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

12. 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.

13. 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.

14. Nutrition Standards Foods

15. 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…….

16. Nutrition Standards Beverages

17. 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…

18. 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…

19. 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.

20. 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.)
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…

21. Beverages High School Other Low-calorie Beverages
Water as first ingredient
≤ 16.8 grams added sweetener/8 fl. oz.
≤ 40 calories/8 fl. oz.
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…

22. Fundraising

23. 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.

24. 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 applies (ALWAYS goes with SB 12, 965, 490 as these regulations clarify what is in SB 12 and 965)
CCR 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

25. For more information visit the “Internal Auditor” website!

26. 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 or