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A Guide to Foods of Minimal Nutritional Value (FMNV)

Middle and Junior High Schools (EC sections 49431.2 and 49431.5)

Beverage standards effective January 1, 2006:
From one-half hour before to one-half hour after the end of the school day, only the following beverages may be sold to pupils:
  • Fruit-based drinks with no less than 50 percent fruit juice and no added sweeteners
  • Vegetable-based drinks with no less than 50 percent vegetable juice and no added sweeteners
  • Drinking water with no added sweeteners
  • Milk (Two-percent fat, one-percent fat, nonfat, soy milk, rice milk, or other similar nondairy milk)
  • Electrolyte replacement beverages containing no more than 42 grams of sugar per 20-ounce serving
  • Noncompliant beverages may be sold up to one-half hour before school and following one-half hour after school.
Food standards effective July 1, 2007:
Snacks (food generally regarded as supplementing a meal, including, but not limited to, chips, crackers, onion rings, nachos, French fries, donuts, cookies, pastries, cinnamon rolls, and candy) sold to a pupil, except food served as part of a USDA meal program, must meet all of the following standards:
 
  • Not more than 35 percent of its total calories from fat (excluding nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruit, vegetables that have not been deep fried, and legumes)
  • Not more than 10 percent of its total calories from saturated fat (excluding eggs or cheese packaged for individual sale)
  • Not more than 35 percent of its total weight may be composed of sugar, including naturally occurring and added sugar (excluding fruits or vegetables that have not been deep-fried)
  • Not more than 250 calories per individual food item
Entrée items (foods generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, pizza) sold to a pupil, except food sold as part of a USDA meal program, must meet all the following standards:
  • No more than 400 calories per entrée
  • No more than 4 grams of fat per 100 calories in each entrée
  • Categorized as entrée items in the School Breakfast Program or National School Lunch Program
Noncompliant foods may be sold if the sale takes place off of and away from school premises, the sale takes place at least one-half hour after the end of the school day, or the sale occurs during a school-sponsored pupil activity after the end of the school day.
 

High Schools (EC sections 49431.2 and 49431.5)

Beverage standards:
Beverage standards specified for middle and junior high schools are phased in between July 1, 2007 (when 50 percent of beverages sold to pupils must meet standards) and July 1, 2009 (when 100 percent of beverages sold to pupils must meet standards).
Please note that while the statute does not specify that high schools are included, they are also not exempted. Specifically, EC 49431.5(b)(1) states “Commencing July 1, 2007, no less than 50 percent of all beverages sold to a pupil…” must comply. Thus, as of July 1, 2007, the beverage standards set forth in SB 965 include high schools.
As certain beverages will begin being phased out, it is also important to point out the requirements regarding sodas – which are currently allowed in high schools, except during meal periods. But, after July 1, 2009 only beverages that comply with SB 965 can be sold to pupils.
 
Food standards effective July 1, 2007:
Same as the food standards specified under the Middle and Junior High section.
 

Definitions (EC sections 49430 and 49431.5)

  • Full meal: any combination of food items that meet United States Department of Agriculture (USDA)-approved School Breakfast or National School Lunch Program meal pattern requirements.
  • Added Sweetener: any additive other than 100 percent fruit juice that enhances the sweetness of a beverage.
  • Sold/Sale of beverages: the exchange of food or beverages for money, coupons, or vouchers.
  • Elementary school: any public school that maintains any grade from kindergarten to grade 6, but no grade higher than grade 6.
  • Middle school: any public school that maintains grade 7 or 8, 7 to 9, or 7 to 10.
  • High school: any public school that maintains any of grades 10 to 12.
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