Smart Snacks in San Juan Unified School District

Competitive Foods Laws FAQ

Starting July 1, 2014, the Smart Snacks in School nutrition standards will be implemented for competitive foods.

 

What is a competitive food?

Competitive foods are all food and beverages, outside of the school meal program, available for sale to students on the school campus during the school day.

 

What is the definition of a school campus (for the purpose of competitive food standards implementation)?

The school campus is all areas of the property under jurisdiction of the school that are accessible to students during the school day.

 

What is the definition of a school day (for the purpose of competitive food standards implementation)?

The school day is the period from the midnight before, to 30 minutes after the end of the official school day.

 

What is the definition of sold?

A competitive food is sold when there is an actual exchange of food and/or beverages. The definition of sold does apply during the school day on the school campus at the time a student buys foods and/or beverages for money, redeems a purchased coupon or voucher for foods and/or beverages, or when the student receives foods and/or beverages from an order form.

Education Code ED 49430(f)

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=49430

California Department of Education – Competitive Foods and Beverages

http://www.cde.ca.gov/ls/nu/sn/mbsnp282014.asp 

 

What is the first step I need to take if my school wants to sell competitive foods to students on the school campus during the school day?

All competitive foods that are available for sale to students on the school campus during the school day must be approved by the Nutrition Services Department. 

The nutrition information for the food/beverage must be submitted to the Nutrition Services Department at least 60 days prior to any food/beverage sale. 

Submit the Nutrition Information for the food/beverage online at: http://fundraising.sanjuan.edu 

Once the Nutrition Services Department approves compliance, the competitive food is allowed to be sold to students on school campus during the school day.

If the competitive foods are noncompliant, according to EC, sections 49430, 49431, 49431.2, and 49431.5, the student must collect the competitive foods off school campus or one-half hour after the end of the school day if on school campus.

Education Code ED 49430

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=49430.

Education Code ED 49431, 49431.1, 49431.5

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=49431.

USDA Code of Federal Regulations 7CFR 210.11

http://www.gpo.gov/fdsys/pkg/FR-2013-06-28/pdf/2013-15249.pdf

 

How do I determine if competitive foods comply with nutrition standards?

The California Department of Education has created Quick Reference Cards to aid schools in determining if competitive foods comply with nutrition standards. The Quick Reference Cards include nutrition standards for Elementary Schools, Middle Schools and High Schools.

Quick Reference Cards 

 

Where can I find more information about competitive foods?

The links below will provide more guidance and information about competitive foods from the California Department of Education and USDA.

California Department of Education – Competitive Foods and Beverages

http://www.cde.ca.gov/ls/nu/he/compfoods.asp

CDE School Classification Chart

Quick Reference Cards

USDA – Smart Snacks in School

http://www.fns.usda.gov/school-meals/smart-snacks-school

Competitive Food-USDA Final Rule

Competitive Foods Section 210 11-USDA Final Rule

 

ED 49430

ED 49431