Statute Text
Standards for food and beverages sold to students in schools; exceptions;
compliance.
(1) As
used in this section:
(a) Entree
means a food that is generally regarded as being the primary food in a meal and
includes, but is not limited to, sandwiches, burritos, pasta and pizza.
(b) Snack means
a food that is generally regarded as supplementing a meal and includes, but is
not limited to, chips, crackers, onion rings, nachos, french fries, doughnuts,
cookies, pastries, cinnamon rolls and candy.
(2) Except as
provided in subsection (6) of this section, all food and beverage items sold to
students in a public kindergarten through grade 12 school must at a minimum
meet the standards required by this section.
(3) The following
shall apply to all food sold to students in a school during the times described
in subsection (5)(a) of this section:
(a) A snack item
may be sold only in a single-serving size and:
(A) May not have
more than 35 percent of the total calories from fat. This requirement does not
apply to snack items that are legumes, nuts, nut butters, seeds, seed butters,
eggs, nonfried vegetables and cheese.
(B) May not have
more than 10 percent of the total calories from saturated fat. This requirement
does not apply to snack items that are nuts, nut butters, seeds, seed butters,
eggs and cheese.
(C) May not
contain more than 35 percent sugar by weight. This requirement does not apply
to fruit and vegetables.
(D) May not
contain more than 0.5 grams of trans fat per serving.
(E) May not
contain more than 150 total calories if sold in a school in which the highest
grade level in the school is grade 5 or less.
(F) May not
contain more than 180 total calories if sold in a school in which the highest
grade level in the school is grade 6, 7 or 8.
(G) May not
contain more than 200 total calories if sold in a school in which the highest
grade level in the school is grade 9, 10, 11 or 12.
(b) An entree
item that is sold individually:
(A) May not
contain more than four grams of fat per 100 calories.
(B) May not
contain more than 450 total calories.
(4) The following
shall apply to all beverages sold to students in a school during the times
described in subsection (5)(a) of this section:
(a) If the
beverage is sold in a school in which the highest grade level in the school is
grade 5 or less, the beverage may not contain caffeine and may be only:
(A) Water.
(B) Fruit or
vegetable juice, provided the beverage item is not more than eight ounces, is
100 percent juice or 100 percent juice diluted with water, has no added
sweeteners and contains no more than 120 calories per eight ounces.
(C) Milk or a
nutritionally equivalent milk alternative, provided the beverage item is not
more than eight ounces, is fat free or low fat and, if flavored, contains no
more than 150 calories per eight ounces.
(b) If the
beverage is sold in a school in which the highest grade level in the school is
grade 6, 7 or 8, the beverage may not contain caffeine and may be only:
(A) Water.
(B) Fruit or
vegetable juice, provided the beverage item is not more than 10 ounces, is 100
percent juice or 100 percent juice diluted with water, has no added sweeteners
and contains no more than 120 calories per eight ounces.
(C) Milk or a
nutritionally equivalent milk alternative, provided the beverage item is not
more than 10 ounces, is fat free or low fat and, if flavored, contains no more
than 150 calories per eight ounces.
(c) If the
beverage is sold in a school in which the highest grade level in the school is
grade 9, 10, 11 or 12, the beverage may be only:
(A) Water.
(B) Flavored
water, provided the beverage item is not more than 20 ounces and contains no
calories.
(C) Fruit or
vegetable juice, provided the beverage item is not more than 12 ounces, is 100
percent juice or 100 percent juice diluted with water, has no added sweeteners
and contains no more than 120 calories per eight ounces.
(D) Milk or a
nutritionally equivalent milk alternative, provided the beverage item is not
more than 12 ounces, is fat free or low fat and, if flavored, contains no more
than 150 calories per eight ounces.
(E) A beverage
item that is not more than 20 ounces and contains no more than 0.5 calories per
ounce.
(F) A beverage
item that is not more than 12 ounces and contains no more than five calories
per ounce.
(5)(a) The
standards required by this section apply to food and beverage items sold to
students in a school at all times during the regular or extended school day
when the activities in the school are primarily under the control of the school
district board. This includes, but is not limited to, the time before or after
classes are in session and the time when the school is being used for
activities such as clubs, yearbook, band or choir practice, student government,
drama rehearsals or child care programs.
(b) The standards
required by this section do not apply to food and beverage items sold