Current through Register Vol. 40, No. 16, March 25, 2024
A. The
nutrition standards apply to all foods available for sale to students (i)
outside the school meal programs; (ii) on the school campus; and (iii) at any
time during the school day. The nutrition standards shall be consistent with
the most recent Dietary Guidelines for Americans.
B. To be allowable, a competitive food must
(i) meet all of the competitive food nutrient standards and (ii) must either:
1. Be a grain product that contains 50% or
more whole grains by weight or have as the first ingredient a whole grain
(i.e., whole-grain rich);
2. Have
as the first ingredient one of the nongrain major food groups: fruits,
vegetables, dairy, or protein foods (e.g., meat, beans, poultry, seafood, eggs,
nuts, seeds, etc.); [or]
3. Be a
combination food that contains 1/4 cup of fruit or vegetable.
If water is the first ingredient, the second ingredient must
be one of the food items listed in this subsection.
C. General exemptions:
1. Fresh, canned, and frozen fruits or
vegetables with no added ingredients except water or, in the case of fruit,
packed in 100% juice, extra light, or light syrup are exempt from the nutrient
standards.
2. Canned vegetables
that contain a small amount of sugar for processing purposes are also exempt
from the nutrient standards.
3. An
entree item offered as part of the national school lunch program under 7 CFR
Part 210 or the school breakfast program under 7 CFR Part 220 is exempt from
all competitive food standards if it is offered as a competitive food on the
day of, or the school day after, it is offered in the lunch or breakfast
program. Exempt entree items offered as a competitive food must be offered in
the same or smaller portion sizes as in the lunch or breakfast program.
Side dishes offered as part of the lunch or breakfast program
and served a la carte must meet the nutrition standards in this section.
D. The accompaniments
to a competitive food item must be included in the nutrient profile as a part
of the food item served in determining if an item meets the nutrition standards
for competitive food. The contribution of the accompaniments may be based on
the average serving size of the accompaniment used per item.
E. Nutrient standards:
1. Standard 1: Calories.
a. Snack items and side dishes sold a la
carte (i) shall be no more than 200 calories per item as served or as packaged,
including the calorie content in any accompaniments, such as butter, cream
cheese, and salad dressing, and (ii) must meet all other nutrient
standards.
b. Entree items sold a
la carte, unless the entree item meets the exemption for NSLP/SBP entree items
in subdivision C 3 of this section, shall (i) contain no more than 350
calories, including the calorie content of any accompaniments, per item as
served or as packaged, and (ii) meet all of the other nutrient standards in
this section.
c. The calories
contained in any accompaniments must be included in the nutrient profile as a
part of the item served.
2. Standard 2: Fat.
a. Total fat. Competitive foods shall contain
no more than 35% of total calories from fat per item as packaged or served.
Exemptions to the total fat standard are granted for:
(1) Reduced fat cheese and part-skim
mozzarella cheese. This exemption does not apply to combination
foods.
(2) Nuts, seeds, and nut or
seed butters. This exemption does not apply to combination foods that contain
nuts, seeds, or nut or seed butters, such as peanut butter and crackers and
trail mix.
(3) Products consisting
of only dried fruit with nuts or seeds with no added nutritive sweeteners or
fat.
(4) Seafood with no added
fat.
b. Saturated fat.
Competitive foods shall have less than 10% of total calories from saturated fat
per item as packaged or served. Exemptions to the saturated fat standard are
granted for:
(1) Reduced fat cheese and
part-skim mozzarella cheese. This exemption does not apply to combination
foods.
(2) Nuts, seeds, and nut or
seed butters. This exemption does not apply to combination foods that contain
nuts, seeds, or nut or seed butters, such as peanut butter and crackers and
trail mix.
(3) Products consisting
of only dried fruit with nuts or seeds with no added nutritive sweeteners or
fat.
c. Trans fat.
Competitive foods must have zero grams of trans fat per item as packaged or
served.
3. Standard 3:
Sugar. Total sugar shall be no more than 35% of weight per item as packaged or
served. Exemptions to the sugar standard are provided for:
a. Dried whole fruits or
vegetables.
b. Dried whole fruit or
vegetable pieces.
c. Dehydrated
fruits or vegetables with no added nutritive sweeteners.
d. Dried fruits with nutritive sweeteners
that are required for processing or palatability purposes.
4. Standard 4: Sodium.
a. Sodium content in snacks (i) shall be no
more than [200] mg per item as packaged or served, including the sodium content
in any accompaniments, such as butter, cream cheese, and salad dressing; and
(ii) must meet all other nutrient standards.
b. Entree items sold a la carte, unless the
entre item meets the exemption for NSLP/SBP entree items in subdivision C 3 of
this section (i) shall have no more than 480 mg of sodium per item as packaged
or served, including the sodium content in any accompaniments, such as butter,
cream cheese, and salad dressing; and (ii) must meet all other nutrient
standards in this section.
Statutory Authority: §
22.1-207.4 of the Code of
Virginia.