Food and Beverage Requirements

1. Food and Beverage Requirements

2. Provide a quick review of all competitive food/bev rules as a reminder that there are other requirements or regulations when discussing foods/beverage sales on school campus Then provide further details of the newest competitive food/bev requirements as spelled out in SB 12/965 This is an introduction so I don’t expect you to fully comprehend all of the rules I am going over today. Please write down any questions you may have as I go through my presentation. My hope is that you can form discussion groups at your district with food service, PTA, ASB, school administration, etc. to review and understand these rules. I am available to answer questions as needed (my contact info. is on first slide)Provide a quick review of all competitive food/bev rules as a reminder that there are other requirements or regulations when discussing foods/beverage sales on school campus Then provide further details of the newest competitive food/bev requirements as spelled out in SB 12/965 This is an introduction so I don’t expect you to fully comprehend all of the rules I am going over today. Please write down any questions you may have as I go through my presentation. My hope is that you can form discussion groups at your district with food service, PTA, ASB, school administration, etc. to review and understand these rules. I am available to answer questions as needed (my contact info. is on first slide)

3. Remember… This discussion does not include foods/beverages sold within the school meal programs This discussion covers “competitive foods” There are still some unanswered questions

4. USDA Definition ofCompetitive Foods Any food or beverage that is sold in competition with the school meal programs

5. Step 1: Which rule(s) apply The Process of determining compliancy… We will briefly go through the major competitive food rules, but not in much detail.We will briefly go through the major competitive food rules, but not in much detail.

6. Federal Level State Level District Level Strictest rule applies, whether federal, state, or disrict level. District cannot be less strict that state or federalStrictest rule applies, whether federal, state, or disrict level. District cannot be less strict that state or federal

7. This slide emphasizes the different areas where there are rules that govern food/bev sales on school campus (outside of the school meal program)This slide emphasizes the different areas where there are rules that govern food/bev sales on school campus (outside of the school meal program)

8. The newest competitive food and beverage requirements. Any time a new law is passed it creates/amends one of the California codes, in this case it’s education code. As bills pass they effect ed code, so SB 19, 677 affected these same codes.The newest competitive food and beverage requirements. Any time a new law is passed it creates/amends one of the California codes, in this case it’s education code. As bills pass they effect ed code, so SB 19, 677 affected these same codes.

9. Senate Bill 12 Implementation Date: Effective July 1, 2007 for all public schools at all grade levels (UNLESS District implements early)

10. Senate Bill 12 Elementary Schools: Enforced during and after school* Includes all sales to students * non-compliant foods: can be sold after ½ hour after school and can only be sold by students

11. Senate Bill 12 Elementary Schools: - Full meal Exempt foods Whole Grain Food or Dairy Food (35/10/35/175) Only three categories of foods allowed in elementary schools (outside the school meal program) Exempt foods are: nuts, nut butters, seeds, eggs, cheese packaged for indiv. sale, fruit, non-fried veg, legumes 35/10/35 = 35% or less calories from fat, 10% or less calories from sat fat, 35% or less sugar by weight 175 = container/package must be 175 calories or less For example: are baked chips allowable in elementary schools? Full meal = no, exempt food = no, whole grain or dairy food = noOnly three categories of foods allowed in elementary schools (outside the school meal program) Exempt foods are: nuts, nut butters, seeds, eggs, cheese packaged for indiv. sale, fruit, non-fried veg, legumes 35/10/35 = 35% or less calories from fat, 10% or less calories from sat fat, 35% or less sugar by weight 175 = container/package must be 175 calories or less For example: are baked chips allowable in elementary schools? Full meal = no, exempt food = no, whole grain or dairy food = no

12. Senate Bill 12 What does 35/10/35/175 mean? 35% or less calories from fat 10% or less calories from saturated fat 35% or less sugar by weight 175 or less calories per container (www.californiaprojectlean.org/calculator) Only three categories of foods allowed in elementary schools (outside the school meal program) Exempt foods are: nuts, nut butters, seeds, eggs, cheese packaged for indiv. sale, fruit, non-fried veg, legumes 35/10/35 = 35% or less calories from fat, 10% or less calories from sat fat, 35% or less sugar by weight 175 = container/package must be 175 calories or less For example: are baked chips allowable in elementary schools? Full meal = no, exempt food = no, whole grain or dairy food = noOnly three categories of foods allowed in elementary schools (outside the school meal program) Exempt foods are: nuts, nut butters, seeds, eggs, cheese packaged for indiv. sale, fruit, non-fried veg, legumes 35/10/35 = 35% or less calories from fat, 10% or less calories from sat fat, 35% or less sugar by weight 175 = container/package must be 175 calories or less For example: are baked chips allowable in elementary schools? Full meal = no, exempt food = no, whole grain or dairy food = no

13. Senate Bill 12 Middle/Jr. High & High Schools: Enforced during and after school* Includes all sales to students * non-compliant foods: can be sold after ½ hour after school, or, at a school-sponsored pupil event after the end of the school day.

14. Senate Bill 12 Middle/Jr. High & High Schools Snacks (35/10/35/250) Entrees (<400 calories; <4 grams fat per 100 calories) Snacks 35/10/35/250 = already explained except container/package must be 250 calories or lessSnacks 35/10/35/250 = already explained except container/package must be 250 calories or less

15. Senate Bill 12 Middle/Jr. High and High Schools Snacks – Exemptions Fat exemptions: nuts, nut butters, seeds, eggs, cheese packaged for indiv. sale, fruit, non-fried veggies, legumes Sat. Fat exemptions: eggs, cheese packaged for indiv. sale Sugar exemptions: fruits, non-fried veggies NO CALORIE EXEMPTIONS Some foods are exempt from some of the requirementsSome foods are exempt from some of the requirements

16. Senate Bill 965 Implementation Date: Effective January 1, 2006 for all elementary and middle/jr. high schools. Phased in between July 1, 2007 and July 1, 2009 in high schools (UNLESS District implements early) Note: implementation date for elementary and middle/jr. high schoolsNote: implementation date for elementary and middle/jr. high schools

17. Senate Bill 965 Elementary Schools: Enforced 24/7* Includes all sales to students * EXCEPT: non-compliant beverages for fund-raising can be sold after ½ hour after school and can only be sold by students

18. Senate Bill 965 Elementary Schools: Fruit/Vegetable-based drinks (50% juice and no added sweeteners) Drinking water with no added sweeteners 2%, 1%, nonfat milk, soy milk, rice milk, other similar nondairy milk

19. Senate Bill 965 Middle/Jr. High & High Schools: Enforced from ½ hour before to ½ hour after school* Includes all sales to students * non-compliant beverages: can be sold up to ½ before school and after ½ hour after school

20. Senate Bill 965 Middle/Jr. High & High School Fruit/Vegetable-based drinks (50% juice and no added sweeteners) Drinking water with no added sweeteners 2%, 1%, nonfat milk, soy milk, rice milk, other similar nondairy milk Electrolyte Replacement Beverage (<42 grams of added sweetener per 20-ounce serving

21. Compliance Nutrition Services Division, California Department of Education will monitor for compliance during its Coordinated Review Effort (CRE)

22. There are gray areas of the legislation. These and others will be further defined and clarified through the regulations process (which is ultimately approved by our state board of education) – will take about 1 year.There are gray areas of the legislation. These and others will be further defined and clarified through the regulations process (which is ultimately approved by our state board of education) – will take about 1 year.

23. Your LSWP must address these issues.Your LSWP must address these issues.

24. We are discussing the idea of creating an approved list but are hashing through the challenges. Some foundational issues are that there are thousands of new products introduced each year, and manufacturers are reformulating current products – translates into tremendous resources (financial and staffing) to create and maintain such a list. I have seen lists from various groups – I don’t recommend you use them at face value but check them against the requirements. I also recommend you do not take your vendor’s word either. Your district is ultimately responsible for ensuring the rules are being followed and the foods/beverages are compliant.We are discussing the idea of creating an approved list but are hashing through the challenges. Some foundational issues are that there are thousands of new products introduced each year, and manufacturers are reformulating current products – translates into tremendous resources (financial and staffing) to create and maintain such a list. I have seen lists from various groups – I don’t recommend you use them at face value but check them against the requirements. I also recommend you do not take your vendor’s word either. Your district is ultimately responsible for ensuring the rules are being followed and the foods/beverages are compliant.