Policy 358, Appendix D: RRPS Nutrition Plan 1. All schools, school-sponsored organizations, parent /teacher organizations, booster clubs, and vendors will abide by the district guidelines as outlined in Appendix A of this plan and state regulations as outlined in Appendix B of this plan as per state law and district policy 358. Where the district guidelines exceed state standards, the district guidelines will apply. 2. The district guidelines and state regulations governing sale of food to students on RRPS campuses and at school-sponsored activities will be communicated to schools, supporting organizations such as booster clubs, PTAs/PTOs/PTSOs, student organizations, community members, and providers of competitive foods as defined in 6.12.5.7 NMAC. This may be accomplished through literature, Web sites, school-level and district-level training and/or other means. 3. Schools will educate parents about the new guidelines through school newsletters, school Web sites, and such other methods of communication as are appropriate. 4. Schools will provide nutrition education activities that align with the New Mexico health education content standards, benchmarks, and performance standards, incorporating existing nutrition education activities and existing programs such as C.A.T.C.H and D.A.R.E. 5. Vendors doing business with the district, including the contract food service provider for the USDA meal program, will be encouraged to promote healthy eating through the programs and services they offer to the district (example: SodexHo s A to Z salad bar, Vegi meals, etc.) Adopted: July 17, 2006
Nutrition Plan, Page 2 Appendix A District Guidance on Competitive Foods/Beverages Sold to Students Sections 6.12.5.7 and 6.12.5.8 of the New Mexico Administrative Code (NMAC) enact state regulations pertaining to the sale of food to students before, during, and after school and at schoolsponsored activities. They are designed to encourage students to adopt healthy eating habits that will contribute to lifelong wellness. The regulations apply to all foods outside of the United States Department of Agriculture (USDA) meal program that are sold to students as a la carte, vended or competitive food/beverages at school or during school-sponsored activities regardless of the identity or status of the vendor. Therefore, the regulations and this procedure apply to and must be observed by PTAs, PTSOs, booster clubs, student clubs and organizations, and other vendors just as they must be observed by the school district itself. The regulations define which foods can be sold to students based on the time of day and the grade level of the students. The requirements that apply during the school day vary based on grade level (elementary, middle, or high school), the time of day (before lunch, during lunch, after lunch), and how the food is dispensed (from vending machines, a la carte, or through other means). The requirements that apply to food sold outside of normal school hours are the same at all grade levels and are more flexible than those that apply during the school day. A summary of the requirements is included below. School staff are strongly encouraged to model healthy eating habits, consistent with the regulations pertaining to their students grade level, when in contact with students. Summary of food sales requirements by grade level, for food and beverage sold outside of the USDA food programs (for more detailed information, see the definitions and requirements set forth in Appendix B): During the school day: Elementary schools: Beverages o No vended or competitive beverages, other than milk with 1% or less fat content, soy milk, and water, may be sold to elementary school students during school hours. o Beverages from vending machines must meet the above requirements and may be sold to elementary school students only after the conclusion of the last lunch period. o Carbonated drinks may not be sold to elementary school students during the school day Food o Food may not be sold to elementary school students except during the lunch period and no food products may be sold from vending machines or as fundraisers. o Foods sold during the lunch period must meet the following requirements No more than 400 calories per container or per package or amount served; and
Nutrition Plan, Page 3 No more than 16 grams of fat (no more than 2 grams from saturated and trans fats No more than 30 grams of total sugar per container or per package or amount served o Nuts, seeds, cheese, yogurt, and fruit are exempt from the above limitations at any time when food may be sold o Popcorn sales are considered al la carte and are permitted during the lunch period only Middle schools: Beverages o No beverages other than milk with 1% or less fat content, soy milk, water, and 100% fruit juice that has no added sweeteners, no more than 125 calories per container, and a serving size that does not exceed 20 oz. may be sold to middle school students during school hours. o Beverages meeting the above requirements may be sold to middle school students from vending machines at any time during the day o Carbonated drinks may not be sold to middle school students during the school day Food o Foods sold during the lunch period must meet the following requirements No more than 400 calories per container or per package or amount served; and No more than 16 grams of fat (no more than 2 grams from saturated and trans fats No more than 30 grams of total sugar per container or per package or amount served o Foods from vending machines may be sold only after the end of the last lunch period and must meet the following requirements: o Foods sold during the school day other than at lunch or from vending machines must meet the following requirements: o Nuts, seeds, cheese, yogurt, and fruit are exempt from the above limitations at any time when food may be sold High schools: Beverages o Beverages that may be sold at any time shall include only milk with 1% or less fat content, soy milk, water, and juice that is at least 50 percent fruit juice and that has no added sweeteners and a serving size not to exceed 20 ounces
Nutrition Plan, Page 4 o In addition, after the last lunch period, the following beverages may be sold to high school students from vending machines Carbonated soft drinks that are both sugar free and caffeine free Non-carbonated flavored water with no added sweeteners Sports drinks Food o Foods sold during the lunch period must meet the following requirements No more than 400 calories per container or per package or amount served; and No more than 16 grams of fat (no more than 2 grams from saturated and trans fats No more than 30 grams of total sugar per container or per package or amount served o Foods from vending machines may be sold anytime and must meet the following requirements: o Foods sold during the school day other than at lunch or from vending machines must meet the following requirements: o Nuts, seeds, cheese, yogurt, and fruit are exempt from the above limitations at any time when food may be sold Outside of normal school hours (all grade levels): At least 50% of the beverage and food products offered for sale must meet the following requirements: Beverages o Milk with 1% or less fat content o Soy milk o Water o At least 50% fruit juice that has no added sweeteners, no more than 125 calories per container, and a serving size that does not exceed 20 oz. Food o Nuts, seeds, cheese, yogurt, and fruit are exempt from the above limitations
Nutrition Plan, Page 5 The above requirements refer to the percentage of foods/beverages offered for sale, not the amount actually sold. In other words, if an organization sells food and/or beverages as a fundraiser outside of school hours, the organization must offer one item meeting the nutrition requirements for every item it offers that does not meet the requirements. Actual sales do not have to be 50-50%. These requirements apply to all food sales to students regardless of venue or scope. Concession stands and PTA suppers (for example) are subject to these requirements for all food sold to students. Individual food items sold as fundraisers (example: candy sales) are also subject to the requirements. The state is developing a list of foods including nutritional information that will be available through its Web site, www.ped.state.nm.us.
Nutrition Plan, Page 6 Appendix B NM Public Education Department Nutrition Regulations 6.12.5.7 DEFINITIONS: A. A la carte means a beverage or food product sold in schools to students during the lunch period that is not part of the United States Department of Agriculture school meal program. B. Competitive food means a food or beverage sold at school other than one served as part of the United States Department of Agriculture school meal program. The term includes any item sold in vending machines, a la carte or through other school fundraising efforts. C. Fund raisers means beverage or food products sold to raise money that are not sold in vending machines, a la carte sales or as part of the United States Department of Agriculture school meal program. D. Vended beverages and foods means a beverage or food product sold in vending machines to students in schools. [6.12.5.7 NMAC - N, 02-28-06] 6.12.5.8 REQUIREMENTS FOR COMPETITIVE FOODS SOLD TO STUDENTS: Note: RRPS requires that the fat content of milk sold to students at all grade levels not exceed 1%. A. Vended foods and beverages: (1) Elementary schools: (a) Beverages sold in vending machines to students in elementary schools shall only be sold after the last lunch period is completed and shall only include: (i) milk with a fat content of 2 percent or less; (ii) soy milk; and (iii) water. (b) Carbonated beverages shall not be sold in vending machines to students in elementary schools. (c) Food products shall not be sold in vending machines to students in elementary schools. (2) Middle schools: (a) Beverages sold in vending machines to students in middle schools shall only include: (i) milk with a fat content of two percent or less; (ii) soy milk; (iii) water; and (iv) 100 percent fruit juice that has no added sweeteners and no more that 125 calories per container and a serving size not to exceed 20 ounces. (b) Carbonated beverages shall not be sold in vending machines to students in middle schools.
Nutrition Plan, Page 7 (c) Food products sold in vending machines to students in middle schools are subject to the following requirements: (i) Nuts, seeds, cheese, yogurt, and fruit may be sold in vending machines in middle schools at any time and are not subject to the restrictions in item (ii) of this subparagraph. (ii) Food products other than those listed in item (i) of this subparagraph shall only be sold after the last lunch period is completed and are subject to the following restrictions: shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats and shall contain no more than 15 grams of sugar per package or amount served. (3) High schools: (a) Beverages sold in vending machines to students in high schools at any time shall only include: (i) milk with a fat content of 2 percent or less; (ii) soy milk; (iii) water; and (iv) juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces. (b) Beverages sold in vending machines to students in high schools after the last lunch period is completed shall only include the items in subparagraph (a) and: (i) carbonated soft drinks that are both sugar free and caffeine free; (ii) non-carbonated flavored water with no added sweeteners; and (iii) sports drinks. (c) Food products sold in vending machines to students in high schools may be sold at any time subject to the following requirements: (i) Nuts, seeds, cheese, yogurt, and fruit may be sold in vending machines in high schools at any time and are not subject to the restrictions in item (ii) of this subparagraph. (ii) Food products other than those listed in item (i) of this subparagraph are subject to the following restrictions: shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats and shall contain no more than 15 grams of sugar per container or per package or amount served. B. A la carte offerings must meet the following requirements: (1) Beverages sold in a la carte offerings may only be sold during lunch period and shall only include: (a) Elementary schools: (i) milk with a fat content of 2 percent or less; (ii) soy milk; and (iii) water.
Nutrition Plan, Page 8 (b) Middle schools: (i) milk with a fat content of two percent or less; (ii) soy milk; (iii) water; and (iv) 100 percent fruit juice that has no added sweeteners and no more that 125 calories per container and a serving size not to exceed 20 ounces. (c) High schools: (i) milk with a fat content of 2 percent or less; (ii) soy milk; (iii) water; and (iv) juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces. (2) Carbonated beverages or soft drinks, non-carbonated flavored water and sports drinks shall not be sold in a la carte offerings. (3) Food products sold in a la carte offerings may only be sold during lunch and are subject to the following requirements: (a) Nuts, seeds, cheese, yogurt, and fruit are not subject to the restrictions in subparagraph (b) of this paragraph. (b) Food products other than those listed in subparagraph (a) of this paragraph are subject to the following restrictions: (i) shall contain no more than 400 calories per container or per package or amount served; and (ii) shall contain no more than 16 grams of fat per container or per package or amount served, of which no more than 2 grams come from saturated and trans fats combined; and (iii) shall contain no more than 30 grams of total sugar per package or amount served. C. Fund raisers: (1) Beverages and food products may be sold as fund raisers at any time during normal school hours except during the lunch period and are subject to the following requirements and limitations: (a) Elementary schools: (i) Beverages sold shall only include: milk with a fat content of 2 percent or less; soy milk; and water. Carbonated beverages shall not be sold. (ii) Food products shall not be sold as fund raisers to students in elementary schools. (b) Middle schools: (i) Beverages sold shall only include: milk with a fat content of 2 percent or less; soy milk; water; and one hundred percent fruit juice that has no added
Nutrition Plan, Page 9 sweeteners and no more that 125 calories per container and a serving size not to exceed 20 ounces. Carbonated beverages shall not be sold. (ii) Food products sold are subject to the following requirements: nuts, seeds, cheese, yogurt, and fruit may be sold and are not subject to restrictions; food products other than nuts, seeds, cheese, yogurt and fruit shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats and shall contain no more than 15 grams of sugar per container or per package or amount served. (c) High schools: (i) Beverages sold shall only include: milk with a fat content of 2 percent or less, soy milk, water and juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces. (ii) Food products sold are subject to the following requirements: nuts, seeds, cheese, yogurt, and fruit may be sold and are not subject to restrictions; food products other than nuts, seeds, cheese, yogurt and fruit shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats and shall contain no more than 15 grams of sugar per container or per package or amount served. (2) Beverages and food products may be sold as fund raisers outside of normal school hours provided that at least 50 per cent of the offerings meet the following requirements: (a) Beverages: milk with a fat content of 2 percent or less; soy milk, water and juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces. (b) Food products: nuts, seeds, cheese, yogurt, and fruit may be sold and are not subject to restrictions; food products other than nuts, seeds, cheese, yogurt and fruit shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats, and shall contain no more than 15 grams of sugar per container or per package or amount served. [6.12.5.8 NMAC - N, 02-28-06]