Transcript School Food Service Rules Part 305 Mark Haller / Shawn Rotherham / Roxanne Ramage Nutrition Programs Division Illinois State Board of Education December 2006

School Food Service Rules
Part 305
Mark Haller / Shawn Rotherham / Roxanne Ramage
Nutrition Programs Division
Illinois State Board of Education
December 2006
Overview

Part 305 was amended

Commonly referred to in the press as the
“Junk Food Rules”

Rules became effective October 17, 2006

Guidance Materials available online at
http://www.isbe.net/nutrition/htmls/rules.htm
Section 305.10
Illinois Free Lunch and Breakfast Programs

Every public school shall provide free lunches (free
breakfasts, if offered) to students eligible to receive
free meals

Students eligible for free meals are defined as those
eligible to receive such meals through the federal Child
Nutrition Programs

Public and non-publics may claim state reimbursement
for meals provided to students eligible for free meals
Section 305.20
Student Workers

All public schools and any non-public school
participating in the National School Lunch
Program shall obtain written consent from
student worker’s parent or guardian

A student shall not be required to work for his or
her meals

Meal served to a student worker must be claimed
in the category for which the student is eligible
Section 305.30
Government-Donated Commodities

Processing agreements must be approved by
ISBE unless listed on Illinois Commodity System

Storage facilities must meet the requirements in
the federal regulations

Complaints concerning government donated
commodities regarding food safety or other foodquality issues shall be reported to ISBE. Form
available at
http://www.isbe.net/nutrition/word/complaint_form.
doc
Section 305.15
Sale of Foods and Beverages in Participating Schools

All foods and beverages sold in participating
schools to students in grades 8 and below
must meet the food and beverage
requirements

A participating school is any public or nonpublic school that participates in the National
School Lunch Program (NSLP) or School
Breakfast Program (SBP)
Section 305.15
Sale of Foods and Beverages in Participating Schools
Does NOT impact the following:
 Schools that do not participate in the NSLP or SBP
 Participating schools with only grades 9 -12
 Reimbursable meals served through NSLP/SBP
 Foods or beverages sold to a student who presents a
written physician statement
 Foods sold in the food service area during the meal
period
 Foods and beverages sold after the school day
 Food and beverages that are not sold (incentives,
rewards)
What are the beverage requirements?

Beverages sold to students in grades 8 or below before or during
the regular school day including the meal period shall include only:
 MILK - flavored or plain whole, reduced-fat (2 percent), low-fat
(1 percent), or nonfat fluid that meets State and local standards
for pasteurized fluid milk;
 ALTERNATIVE DAIRY BEVERAGES - reduced-fat and enriched
(i.e., rice, nut, or soy milk), or any other alternative dairy
beverage approved by the USDA;
 FRUIT/VEGETABLE DRINKS - containing 50 percent or more
fruit or vegetable juice;
 WATER - non-flavored, non-sweetened, and non-carbonated;
 FRUIT SMOOTHIE - yogurt or ice-based, contains less than 400
calories and no added sugars, and is made from fresh or frozen
fruit or fruit drinks that contain at least 50 percent fruit juice; and
 EXEMPTED BEVERAGES - Any beverage exempted from the
USDA’s list of FMNV (see Appendix C).
What are the food requirements –
within the food service area during meal periods?




Reimbursable meals – exempt from food and
beverage requirements (regulated by USDA’s meal
pattern requirements and specific nutrient
standards when averaged over a school week).
Participating schools in which classes of grades 5
and below are operating shall prohibit the sale to
students of all confections, candy and potato chips
during meal periods.
All revenue from the sale of any food or beverage
sold in the food service area during meal periods
shall accrue to the nonprofit school lunch program
account.
No Foods of Minimal Nutritional Value (FMNV).
Foods of Minimal Nutritional Value
(FMNV)

Per federal regulations, foods of minimal nutritional
value (FMNV) cannot be sold to students during meal
periods in the food service areas.

FMNV include soda water, water ices, chewing gum
and certain candies (hard candy, jellies and gums,
marshmallow candies, fondant, licorice, spun candy,
and candy coated popcorn).

List of food and beverages exempted by USDA from
FMNV is available as Appendix C of the Guidance
Document.
What are the food requirements –
outside food service area or within food service
area other than during meal periods?


Foods sold to students in grades 8 or below outside of food
service areas or within food service areas other than during
meal periods by participating schools shall include only:
 Nuts, seeds, nut butters, eggs, cheese packaged for
individual sale, fruits or non-fried vegetables, or low-fat
yogurt products; or
 Any food item that meets all of the following criteria:

Total calories from fat do not exceed 35 percent;

Total calories from saturated fat do not exceed 10
percent;

Total amount of sugar by weight does not exceed 35
percent; and

Calories do not exceed 200
Participating schools in which classes of grades 5 and below
are operating shall prohibit the sale to students of all
confections, candy and potato chips during meal periods.
Tools to determine if products meet the
Illinois food requirements

See Appendix D of Guidance Document for a
sample worksheet

An online calculator, available at
http://www.isbe.net/calculator/calculator.html,
may be used instead of the worksheet
Inside the Food Service Area
SUMMARY
Before the
Regular
School
Day
During the
Meal Periods
During the
Regular
School Day
After the
Regular
School Day
State Food
Requirements
Applicable - N/A
- No FMNV
- No candy,
potato chips or
confections if
grade 5 and
below
Applicable
N/A
State Beverage
Requirements
Applicable -Applicable
-No FMNV
Applicable
N/A
SUMMARY
Outside the Food Service Area or Within Food
Service Area Other Than During Meal Periods
Before the
Regular
School Day
During the
Meal Periods
During the
Regular
School Day
After the
Regular
School Day
State Food
Requirements
Applicable
- Applicable
- No candy,
potato chips
or confections
if grade 5 and
below
Applicable
N/A
State
Beverage
Requirements
Applicable
Applicable
Applicable
N/A
Exemption Request


A participating school may request an exemption for
the 2006-2007 school year from the food and
beverage requirements if the school district has an
existing contract or grade structure that will not
allow for implementation.
Form in Appendix E or online at
http://www.isbe.net/nutrition/pdf/6910_exemption.pdf
Additional 305.15

During January 2007, ISBE will initiate a
revision to the food and beverage requirements
that responds to the School Wellness Policy
Task Force’s recommended nutrition standards.
Any Questions?

Please contact the Nutrition Programs
Division of the Illinois State Board of
Education

Telephone: (800) 545-7892 in Illinois only
(217) 782-2491

Fax: (217) 524-6124

Electronic Mail: [email protected]