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Orange Unified School District  

Regulations-Competitive Foods -Smart Snacks 

California Department of Education, Nutrition Services Division                   Revised 1/1/2017

 The Orange Unified School District Board of Education is committed to providing school environments that promote and protect children’s health, well being, and ability to learn by supporting healthy eating and increased levels of physical activity. 

Access to healthy foods and opportunities to be physically active assist children to grow, learn and thrive.  Heart disease, cancer, stroke, and diabetes are responsible for two-thirds of deaths in the United States and major risk factors for those diseases, including unhealthy eating habits, physical inactivity, and obesity, often are established in childhood. 

Schools will provide health education, physical education, and nutrition education for all students to foster lifelong habits of healthy eating and physical activity.  In addition, schools will establish linkages between health education, school meal programs, parents, and related community services. 

All students in grades Pre-K through 12 will have opportunities, support, and encouragements to be physically active on a regular basis. 

Foods and beverages sold or served at school will meet the nutrition recommendation s of the U. S. Dietary Guidelines for Americans and current California state standards.  

Qualified child nutrition professionals will provide students, faculty, and staff with access to a variety of affordable, nutritious, and appealing foods that meet their health and nutrition needs:  will respect religious, ethnic, and cultural diversity in meal planning:  and will provide clean, safe, and pleasant settings and adequate time to eat. 

The Director of Nutrition Services, Director of Athletics, and Coordinator of Health Services shall be responsible to organize a Wellness for Student Achievement Committee and coordinate services.  The Wellness for Student Achievement Committee will engage students, parents, teachers, nutrition professionals, health professionals, district administrators, community based organizations, individual school health committees, and other interested community members to develop recommendations to the Board of Education for adoption of certain rules and regulations to support the goals of this policy.  This advisory committee shall also monitor, review, and make periodic reports to the Board of Education regarding the implementation of rules and regulations under this policy.

School Wellness Policy (Section 204, Public Law 08-265): Not later than the beginning of the 2006-2007 school year, school districts participating in USDA’s school meal program shall establish a local “school wellness policy” that, at a minimum:

 Includes goals for nutrition education, physical activity, and other school-based activities designed to promote student wellness in a manner that the district determines appropriate;

  • Includes nutrition guidelines for all foods available on the school campus during the school day, with the objectives of promoting student health and reducing childhood obesity;
  • Provides an assurance that guidelines for school meals are not less restrictive than those issued by USDA;
  • Establishes a plan for measuring implementation of the local wellness policy, including the designation of one or more persons within the district or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and
  • Involves parents, students, school food service representatives, the school board, school administrators, and the public in development of the local wellness policy.

Information and technical assistance shall be made available by USDA, and shall be for guidance purposes only; this technical assistance shall not be construed as binding or as a mandate to schools.

 

 

http://www.californiaprojectlean.org/default.asp

 

 

I.  Elementary Schools

 

Fundraising

School fundraising events: Exceptions to the above food and beverage sale requirements:

Elementary schools may permit the sale foods or beverages that do not comply with the above requirements if the items are sold by pupils of the school and the sale takes place:

  • Off of and away from the school premises; or
  • At least one-half hour after the end of the school day.Fundraisers or sales of noncompliant foods or beverages are allowed when sold to adults, or off of the school campus, or outside of the school day

ELEMENTARY SCHOOL-FOOD RESTRICTIONS

An elementary school contains no grade higher than grade 6.

Effective from midnight to one-half hour after the end of the official school day.

Applies to ALL foods sold to students by any entity.

Sold means the exchange of food for money, coupons, vouchers, or order forms, when any part of the exchange occurs on a school campus.

 

 

 

Compliant foods

Must meet one of the following general food standards:

  • Be a fruit, vegetable, dairy, protein, or whole grain item* (or have one of these as the first ingredient), or
  • Be a combination food containing at least ¼ cup fruit or vegetable.
  • AND must meet the following nutrition standards:
  • ≤ 35% calories from fat (except nuts, seeds, reduced-fat cheese or part skim mozzarella, dried fruit and nut/seed combo, fruit, non-fried vegetables, seafood), and
  • < 10% calories from saturated fat (except nuts, seeds, reduced-fat cheese or part skim mozzarella, dried fruit and nut/seed combo), and
  • ≤ 35% sugar by weight (except fruit**, non-fried vegetables, dried fruit and nut/seed combo), and
  • < 0.5 grams trans fat per serving (no exceptions), and
  • ≤ 200 milligrams sodium per item/container (no exceptions), and
  • ≤ 200 calories per item/container (no exceptions)Paired foods:
  •  
  • If exempt food(s) are combined with nonexempt food(s) or added fat/sugar they must meet ALL nutrition standards above.
  • If two foods exempt from one or more of the nutrition standards are paired together and sold as a single item, the item must meet for trans fat, sodium, and calories.* A whole grain item contains:
  •  
  • The statement “Diets rich in whole grain foods… and low in total fat… may help reduce the risk of heart disease…,” or
  • A whole grain as the first ingredient, or
  • A combination of whole grain ingredients comprising at least 51% of the total grain weight (manufacturer must verify), or
  • At least 51% whole grain by weight.** Dried blueberries cranberries, cherries, tropical fruit, chopped dates, or chopped figs that contain added sugar are exempt from fat and sugar standards. Canned fruit in 100% juice only. 

Groups or individuals selling foods/beverages to students must keep their own records as proof of compliance. 

ELEMENTARY SCHOOL-BEVERAGE RESTRICTIONS

References: Education Code Section 49431.5, California Code of Regulations Section 15576, Code of Federal Regulations sections 210.10, 210.11, 220.8, 220.12References:  Education Code sections 49430, 49431, 49431.7; California Code of Regulations sections 15575, 15577, 15578; Code of Federal Regulations sections 210.11, 220.12

An elementary school contains no grade higher than grade 6.

Effective from midnight to one-half hour after the end of the official school day.

Applies to ALL beverages sold to students by any entity.

Sold means the exchange of beverages for money, coupons, vouchers, or order forms, when any part of the exchange occurs on a school campus. 

A compliant beverage must be marketed or labeled as a fruit and/or vegetable juice, milk, non-dairy milk, or water AND meet all criteria under that specific category.

Compliant beverages:

1.    Fruit or Vegetable juice:

a.   ≥ 50% juice and

b.   No added sweeteners

c.   ≤ 8 fl. oz. serving size

2.    Milk:

a.   Cow’s or goat’s milk, and

b.   1% (unflavored), nonfat (flavored, unflavored), and

c.   Contains Vitamins A & D, and

d.   ≥ 25% of the calcium Daily Value per 8 fl. oz., and

e.   ≤ 28 grams of total sugar per 8 fl. oz.

f.    ≤ 8 fl. oz. serving size

3.   Non-dairy milk:

a.   Nutritionally equivalent to milk (see 7 CFR 210.10(d)(3), 220.8(i)(3)), must contain per 8 fl. oz.:

·      ≥ 276 mg calcium

·      ≥ 8 g protein

·      ≥ 500 IU Vit A

·      ≥ 100 IU Vit D

·      ≥ 24 mg magnesium

·      ≥ 222 mg phosphorus

·      ≥ 349 mg potassium

·      ≥ 0.44 mg riboflavin

·      ≥ 1.1 mcg Vit B12, and

b.   ≤ 28 grams of total sugar per 8 fl. oz., and

c.   ≤ 5 grams fat per 8 fl. oz.

d.   ≤ 8 fl. oz. serving size

4.    Water:

a.   No added sweeteners

b.   No serving size

All beverages must be caffeine-free (trace amounts are allowable).

ELEMENTARY SCHOOL-STUDENT ORGANIZATIONS

Reference: California Code of Regulations Section 15500

Student organization is defined as a group of students that are NOT associated with the curricula or academics of the school or district.

Effective from midnight to one-half hour after the end of the official school day.

Student organization sales must comply with all food and beverage standards AND all of the following:

1.     Only one food or beverage item per sale.

2.     The food or beverage item must be pre-approved by the governing board of the school district.

3.     The sale must occur after the last lunch period has ended.

4.     The food or beverage item cannot be prepared on campus.

5.     Each school is allowed four sales per year.

6.     The food or beverage item cannot be the same item sold in the food service program at that school during the same school day. 

 

 

  II. Middle, Junior, and High Schools

 

MIDDLE/HIGH SCHOOL-FOOD RESTRICTIONS

A middle/junior high contains grades 7 or 8, 7 to 9, 7 to 10.

A high school contains any of grades 10 to 12.

Effective from midnight to one-half hour after the end of the official school day.

Applies to ALL beverages sold to students by any entity.

Sold means the exchange of beverages for money, coupons, vouchers, or order forms, when any part of the exchange occurs on a school campus.

References: Education Code sections 49430, 49431.2, 49431.7, California Code of Regulations sections 15575, 15577, 15578, Code of Federal Regulations sections 210.11, 220.12

“Snack” foods must meet one of the following general food standards:

  • Be a fruit, vegetable, dairy, protein, or whole grain item* (or have one of these as the first ingredient), or
  • Be a combination food containing at least ¼ cup fruit or vegetable.
  • AND must meet the following nutrition standards:
  • ≤ 35% calories from fat (except nuts, seeds, reduced-fat cheese or part skim mozzarella, dried fruit and nut/seed combo, fruit, non-fried vegetables, seafood), and
  • < 10% calories from saturated fat (except nuts, seeds, reduced-fat cheese or part skim mozzarella, dried fruit and nut/seed combo), and
  • ≤ 35% sugar by weight (except fruit**, non-fried vegetables, dried fruit and nut/seed combo), and
  • < 0.5 grams trans fat per serving (no exceptions), and
  • ≤ 200 milligrams sodium per item/container (no exceptions), and
  • ≤ 200 calories per item/container (no exceptions)Paired foods:
  •  
  • If exempt food(s) are combined with nonexempt food(s) or added fat/sugar they must meet ALL nutrition standards above.
  • If two foods exempt from one or more of the nutrition standards are paired together and sold as a single item, the item must meet for trans fat, sodium, and calories.
  • “Entrée” foods must be intended as the main dish and be a:Meat/meat alternate and whole grain rich food, or
  • Meat/meat alternate and fruit or non-fried vegetable, or
  • Meat/meat alternate alone (cannot be yogurt, cheese, nuts, seeds, or meat snacks = these are considered a “snack” food).A competitive entrée sold by District/School Food Service the day of or the day after it appears on the reimbursable meal program menu must be:
  • AND
  • ≤ 400 calories, and
  • ≤ 35% calories from fat
  • < 0.5 grams trans fat per serving

A competitive entrée sold by Food Service if NOT on the menu the day of or day after or any other entity (PTA, student organization, etc.) must meet one of the following general food standards:

  • Be a fruit, vegetable, dairy, protein, or whole grain item (or have one of these as the first ingredient), or
  • Be a combination food containing at least ¼ cup fruit or vegetable
  • AND meet the following nutrition standards:
  • ≤ 35% calories from fat, and
  • < 10% calories from saturated fat, and
  • ≤ 35% sugar by weight, and
  • < 0.5 grams trans fat per serving, and
  • ≤ 480 milligrams sodium, and
  • ≤ 350 calories* A whole grain item contains:
  •  
    • The statement “Diets rich in whole grain foods… and low in total fat… may help reduce the risk of heart disease…,” or
    • A whole grain as the first ingredient, or
  • A combination of whole grain ingredients comprising at least 51% of the total grain weight (manufacturer must verify), or

 

  • At least 51% whole grain by weight.

    ** Dried blueberries cranberries, cherries, tropical fruit, chopped dates, or chopped figs that contain added sugar are exempt from fat and sugar standards. Canned fruit in 100% juice only.

Groups or individuals selling foods/beverages to students must keep their own records as proof

California Department of Education, Nutrition Services Division                                                                     Revised 1/1/2017

of compliance.

 A. The only foods, in addition to the USDA reimbursable meals, that may be sold during the school day in    middle, junior, or high schools, effective July 1, 2007 (Ed. Code 49431.2) are:

 

“Snacks” that contain no more than:

·         35% of its total calories from fat, except the following foods are exempt from this specific requirement:

Ø  Nuts, Nut Butters, and Seeds

Ø  Eggs

Ø  Cheese packaged for individual sale

Ø  Fruit

Ø  Vegetables (except any deep fried vegetable is not allowed)

Ø  Legumes;

·         10% of its total calories from saturated fat, except the following foods are exempt from this specific requirement:

Ø  Eggs

Ø  Cheese packaged for individual sale;

·         35% of its total weight shall be composed of sugar, including naturally occurring and added sugar, except the following foods are exempt from this specific requirement:

Ø  Fruits or vegetables (unless they are deep-fried; deep fried fruits or vegetables may not be served); and

·         250 Calories.

 

Entrée items that qualify as entrées using USDA meal pattern definitions, and that contain no more than:

·         4 grams of fat per 100 calories; and

·         400 Calories.

 

B. The only beverages that may be sold “regardless of the time of day” in middle or junior high schools, currently (was effective July 1, 2004, Ed. Code 49431.5) are:

 

·         Fruit-based drinks that are composed of no less than 50% fruit juice and have no added sweetener (added sweetener is any additive that enhances the sweetness of the beverage, including added sugar or artificial sweetener, but does not include the natural sugar contained within the fruit juice). 

·         Vegetable-based drinks that are composed of no less than 50% vegetable juice/s and have no added sweetener.

·         Drinking water with no added sweetener.

·         Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy milk, rice milk, and other similar nondairy milk.

·         An electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce serving.

 

C. Standards for beverages sold in high schools, effective July 1, 2009; in the interim, effective July 1, 2007, the following requirements must be met for no less than 50% of all beverages sold (Ed. Code 49431.5).  

 

   Only the following beverages* may be sold to a pupil at a high school from one-half hour before, to one-half

   hour after, the school day:

·         Fruit-based drinks that are composed of no less than 50% fruit juice and have no added sweetener (added sweetener is any additive that enhances the sweetness of the beverage, including added sugar or artificial sweetener, but does not include the natural sugar contained within the fruit juice).

·         Vegetable-based drinks that are composed of no less than 50% vegetable juice/s and have no added sweetener.

·      Drinking water with no added sweetener.

·         Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy milk, rice milk, and other similar nondairy milk.

·         An electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce serving.

 

*Subject to Federal Competitive Food Requirements (see Section V)

 

References: Education Code Section 49431.5, California Code

of Regulations Section 15576, Code of Federal Regulations sections 210.10, 210.11, 220.8, 220.12

 

 

 Middle, Junior, and High Schools, Continued

MIDDLE/HIGH SCHOOL-BEVERAGE RESTRICTIONS

A compliant beverage must be marketed or labeled as a fruit and/or vegetable juice, milk, non-dairy milk, water, electrolyte replacement beverage/sports drink, or flavored water AND meet all criteria under that specific category.

 Compliant beverages:

  1. Fruit or Vegetable juice:
    1. ≥ 50% juice and
    2. No added sweeteners
    3. ≤ 12 fl. oz. serving size
  2. Milk:
  1. Cow’s or goat’s milk, and
  2. 1% (unflavored), nonfat (flavored, unflavored), and
  3. Contains Vitamins A & D, and
  4. ≥ 25% of the calcium Daily Value per 8 fl. oz., and
  5. ≤ 28 grams of total sugar per 8 fl. oz.
  6. ≤ 12 fl. oz. serving size
  1. Non-dairy milk:
  1. Nutritionally equivalent to milk (see 7 CFR 210.10(d)(3), 220.8(i)(3)), and
  2. ≤ 28 grams of total sugar per 8 fl. oz., and
  3. ≤ 5 grams fat per 8 fl. oz.
  4. ≤ 12 fl. oz. serving size
  1. Water:
  1. No added sweeteners
  2. No serving size limit

    5.   Electrolyte Replacement Beverages (HIGH SCHOOLS ONLY)

    a.   Must be either ≤ 5 calories/8 fl. oz. (no calorie)

    OR ≤ 40 calories/8 fl. oz. (low calorie)

    b.   Water as first ingredient

    c.   ≤ 16.8 grams added sweetener/8 fl. oz.

    d.   10-150 mg sodium/8 fl. oz.

    e.   10-90 mg potassium/8 fl. oz.

    f.    No added caffeine

    g.   ≤ 20 fl. oz. serving size (no calorie)

    OR ≤ 12 fl. oz. serving size (low calorie)

    6.   Flavored Water (HIGH SCHOOLS ONLY)

  1. Must be either ≤ 5 calories/8 fl. oz. (no calorie)
  2. OR ≤ 40 calories/8 fl. oz. (low calorie)
  3. No added sweetener

MIDDLE/HIGH SCHOOL-STUDENT ORGANIZATIONS

Reference: California Code of Regulations Section 15501

c.   No added caffeine

d.   ≤ 20 fl. oz. serving size (no calorie)

OR ≤ 12 fl. oz. serving size (low calorie)

All beverages must be caffeine-free (trace amounts are allowable).

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Student organization is defined as a group of students that are NOT associated with the curricula or academics of the school or district.

Effective from midnight to one-half hour after the end of the official school day.

Student organization sales must comply with all food and beverage standards AND all of the following:

Up to three categories of foods or beverages may be sold each day (e.g., chips, sandwiches, juices, etc.).

  1. Food or beverage item(s) must be pre-approved by the governing board of the school district.
  2. Only one student organization is allowed to sell each day.
  3. Food(s) or beverage(s) cannot be prepared on campus.
  4. 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.

 

Exceptions to the above food and beverage sale requirements:

  • Any food items may be sold:

Ø  Off of and away from the school premises; or

Ø  On school premises at least one-half hour after the end of the school day; or

Ø  At and during a school-sponsored pupil activity at least one-half hour after the end of the school day.

  • At middle and junior high schools, beverages that do not comply with B, above, may be sold as part of a school event:

Ø  At and during the school-sponsored event at least one-half hour after the end of the school day; and/or

Ø  In vending machines, pupil stores, and/or cafeterias later than one-half hour after the end of the school day;

  • Middle and junior high schools may sell beverages that do not comply with B, above, in vending machines not later than one-half hour before the start, and not sooner than one-half hour after the end, of the school day.  

 

In addition, the following are specific requirements for student food sales in middle, junior, and high schools (California Administrative Code, Title 5, s 15501):

Sales in middle schools and high schools: currently, the governing board may permit a pupil organization to sell food items (specifically approved by the governing board) during or after the regular school day, with some restrictions. Incorporating the new state laws, in middle schools: pupils currently may only sell the list of approved beverages (B, above), and, after July 1, 2007, only the approved list of foods (A, above), during the school day (see above conditions). Until July 1, 2007, 50% of food (categories/types of food) sales must be from the current “nutritious” list, (see Section III, similar in content to the new list). High school requirements are the same as for middle schools, except that on July 1, 2007, 50% of beverages must be from the approved list B, above, advancing to 100% of beverages from the approved list B, above, on July 1, 2009; from one-half hour before, to one-half hour after, school. 

For both middle and high schools, the following requirements for pupil sales will remain in effect:

·         Only one pupil organization each school day may sell no more than three types of food or beverage items;

·         Any one or more student organizations may conduct no more than four food sales of any food items during a school year in each school, but such sales shall be held on the same four days for any or all organizations;

·         The sales during the regular school day are not of food prepared on the premises; and

·         The food items sold during the regular school day shall not be the same as any item sold by the district in the food service program at that school during that school day.

 

USDA and CDE encourage schools to purchase locally produced foods, including wholesome produce from small farmers, to the maximum extent feasible.  Farm to school initiatives promote and support strategies for including these foods in the meals and snacks served to children at school (SP 02-18, MB 02-121).  If a school does not have a USDA meal program agreement, one nutritionally adequate* free or reduced-price meal must be provided for each needy pupil during each school day (Ed. Code 49550). *Definition of nutritionally adequate: qualifying for reimbursement under the federal child nutrition program regulations (Ed. Code 49553).