Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 225.000 - Nutrition Standards For Competitive Foods And Beverages In Public Schools
Section 225.100 - General Nutrition Standards for Public Schools

Universal Citation: 105 MA Code of Regs 105.225

Current through Register 1531, September 27, 2024

(A) All competitive foods and beverages sold or provided in public schools shall comply with the nutrition standards of 105 CMR 225.000; provided, however, that:

(1) unless otherwise determined by the public school district or board of trustees, 105 CMR 225.000 shall not apply to competitive foods and beverages sold on school grounds beyond 30 minutes after the end of the school day;

(2)105 CMR 225.000 shall apply at all times to competitive foods sold through vending machines;

(3)105 CMR 225.000 shall not apply at any time to competitive foods or beverages sold or provided at booster sales, concession stands and other school-sponsored or school-related fundraisers and events; and

(4)105 CMR 225.000 shall not apply at any time to fresh, frozen, and canned fruits and vegetables with no added ingredients except water, or 100% juice in the case of canned and frozen fruits.

(B) When applying the nutrition standards of 105 CMR 225.000, the food product should be analyzed as a whole, not by the individual ingredients that make up the product.

(C) A packaged item may contain no more than one serving per package.

(D) Public schools shall, in accordance with applicable guidelines of the Department:

(1) make readily available plain, potable water to all students during the day, at no cost to the students;

(2) offer for sale fresh fruit and non-fried vegetables at any location where food is sold, but not including non-refrigerated vending machines and vending machines dispensing only beverages;

(3) make nutrition information available for students for non-prepackaged competitive foods and beverages by August 1, 2013. 105 CMR 225.100(D)(3) shall not apply to the sale or provision of fresh fruits or fresh vegetables;

(4) prohibit the use of fryolators in the preparation of competitive foods; and

(5) ensure that food preparation and all foods and beverages sold or provided to students meet all applicable state and federal food safety requirements.

(E) To be allowable, a competitive food item must meet all competitive food nutrient standards and:

(1) be a grain product that contains 50% or more whole grains by weight or have whole grains as the first ingredient; or

(2) have as the first ingredient one of the non-grain major food groups: fruits, vegetables, dairy or protein foods (meat, beans, poultry, seafood, eggs, nuts, seeds, etc.); or

(3) be a combination food that contains 1/4 cup of fruit and/or vegetable; and

(4) if water is the first ingredient, the second ingredient must be either 105 CMR 225.100(E)(1), (2) or (3).

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