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CHAPTER 51 RULE
This rule; Chapter 51 Child Nutrition Programs in Public Schools and Institutions balances two important policy objectives. The rule is crafted to limit the sale of any foods or beverages that would compete with the school’s total food service program. This limitation is to ensure that the foods available to students are primarily those that meet the nutritional guidelines of the United States Department of Agriculture.
This objective is balanced with a second objective- namely the furthering of community involvement through the use of the school as a community facility. The rule serves this objective by creating exceptions to the limitation of the sale of food and beverages to only nutritious foods, but does so in a manner that is aimed primarily at the public, not students, thus avoiding competition with students and the total food service program.
The further limitation is the rule on the accrual of funds from all foods and beverages to only the school or an approved student organization supports this policy objective and provides additional needed support to the school’s non-profit school food service program.
The rule also serves to influence a change in the culture of schools whereby children are constantly faced with abundant foods that exceed recommended caloric allowances, etc.
(Please keep in mind there are Federal Regulations that prohibit the sale of foods of minimal nutritional value, as listed in appendix B of 7CFR 210 regulations, in the food service areas during the lunch periods.)
05-071 DEPARTMENT OF EDUCATION
Chapter 51: CHILD NUTRITION PROGRAMS IN PUBLIC SCHOOLS AND INSTITUTIONS
SUMMARY: This chapter contains state regulations which supplement federal regulations pertaining to the National School Lunch Program (which includes the After School Snack), the School Breakfast Program and the School Milk Program.
A. “Foods of minimal nutritional value” as defined in 7 CFR 210.11, means: (a) In the case of artificially sweetened foods, a food which provides less than 5 percent of the Reference Daily Intake (RDI) for each of the eight specified nutrients per serving; (b) in the case of all other foods, a food which provides less than 5 percent of the RDI for each of eight specified nutrients per 100 calories and less than 5 percent of the RDI* for each of eight specified nutrients per serving. The eight nutrients to be assessed for this purpose are: protein, vitamin A, vitamin C, niacin, riboflavin, thiamin, calcium, and iron. This definition is applicable to the foods that are part of the total food service program of the school, and foods and beverages sold at food sales, school stores, and in vending machines.
B. “Total Food Service Program” means:
(i) the “Milk Program”, which in turn means the federal program under which fluid types of milk as defined in 7 CFR 215 are offered; or
(ii) the “Breakfast Program”, which in turn means the federal program under which a breakfast that meets the nutritional requirements set forth in 7 CFR 220 is offered; or
(iii) the “National School Lunch Program” (which includes the After School Snack), which in turn means the federal program under which the school operates a nonprofit lunch program that meets the requirements set forth in 7 CFR 210, and includes food provided in after school programs as defined in 7 CFR 210.2, and that meets the requirements of 7 CFR 210.10; or
(iv) any combination of the above.
2. Restriction on sale of Foods in Competition with the Total Food Service Program
Beginning July 1, 2005, any food or beverage sold at any time on school property of a school participating in the National School Lunch or School Breakfast Programs shall be a planned part of the total food service program of the school and shall include only those items which contribute both to the nutritional needs of children and the development of desirable food habits, and shall not include foods of minimal nutritional value as defined in Section 1 above, except that the local school board or the Career and Technical Education Region/Center cooperative board, established in accordance with 20-A MRSA Section 8301-A(6), may permit, by policy, the sale of food and beverages outside the total food service program:
A. to school staff;
B. to the public at community events sponsored by the school or held on school property;
C. to the public at community events held on school property in accordance with the school board’s facilities use policy;
D. in State-approved, instructional Career and Technical Education (CTE) Culinary Arts Programs. and
E. by a school, approved student organization or program if consistent with the requirement that such sales not include foods of minimal nutritional value as defined in 7 CFR, Section 210.11(a)(2).
Funds from all food and beverage sales made at any time on school property shall accrue to the benefit of the school's non-profit school food service program, except that the local school board or the Career and Technical Education Region/Center cooperative board, established in accordance with 20-A MRSA Section 8301-A(6), may establish, by policy, a process whereby a school, approved student organization, or sponsor of an event held in accordance with 2C above is allowed to benefit from the sale of food and beverages. This includes foods and beverages sold at food sales, community events, school stores, and in vending machines.
3. Maximum Price for School Meals
The maximum charge to children shall be set annually by the Department in
consultation with the Superintendents of Schools School Nutrition Programs Advisory Committee.
4. Accounts and Records
Sponsors shall file claims on a monthly basis with the Division of school Nutrition Programs on a form provided by the Division. claims shall be filed by the 8th day of the month following month covered by the claim. Sponsors shall maintain accurate records of income and expenditures, inventories, daily service counts, and other pertinent records to provide data required on the claims for reimbursement.
STATUTORY AUTHORITY: 20-A MRSA, Section 6602
EFFECTIVE DATE: October 30, 1978
READOPTED: August 31, 1979
AMENDED: July 17, 2005
AMENDED: January 2006
EFFECTIVE DATE (ELECTRONIC CONVERSION): __________________
Listed below are questions frequently asked surrounding interpretations of this rule, and responses which clarify the requirements put forth in the rule.
A. After school hours represents a time of day. This is not an event. An event is an occurrence or some type of activity that takes place.
A. Only foods that are not considered foods of minimal nutritional value.
A. These foods appear on line in Federal Regulation 7CFR210 Appendix B: Soda Water, Water Ices, Chewing Gum, And Certain Candies Such As: Hard Candy, Jellies and Gums, Marshmallow Candies, Fondant, Licorice, Spun Candy, and Candy Coated Popcorn. This regulation can be accessed at: www.fns.usda.gov
A. If the products are not considered foods of minimal nutritional value and the sale is permitted by school board policy.
A. Yes, all foods and beverages sold in school stores must not be considered foods of minimal nutritional value. Exceptions would apply only if the school store is available to the public during an event and school board policy allows school store purchases by the public.
A. Yes, if there is a policy established by the school board.
A. Yes, but only if the sale is to the public and during an event. Girl Scout cookies may not be sold to students.
A. Yes, unless there is a written policy that meets exceptions A, B, C, D, or E or the rule.
A. Yes, exception B would apply.
A. No, the policy would violate Regulation, Chapter 51.
A. No. The definition for foods of minimal nutritional value means that if all of the nutrients that are contained in given food product fail to meet the 5% rule, the food is considered a food of minimal nutritional value. If, however, at least one of the nutritients of those contained in a food product meets or exceeds the 5% rule, the food is acceptable.
A. An artificially sweetened food is one that is sweetened with a non-nutritive sweetener such as saccharin, aspartame, Acesulfame, Potassium, and Sucralase.
A. Yes. The funds received would revert to the Food Service Program, unless school board policy allows for the sponsor of the sale to benefit from the sale.
A. If the dance is not a public event, the school approved student organization or program sponsoring the dance could benefit from the funds by an approved policy of the school board. Food items sold must be acceptable in accordance with exception E of this rule.
A. No. However, the cookies, brownies, and cakes that are sold must be acceptable as defined in this rule.
A. Such contracts should be renegotiated to specify that only acceptable products will be supplied by the beverage company.
A. Yes. However, students may only sell candy off the school property or in accordance with exceptions B and C of the rule.
A. The rule only applies to the sale of foods and/or beverages.
A. The rule only applies to the sale of foods and/or beverages. If foods are provided not sold, the rule does not apply.
A. The foods and beverages that are sold to students at this Teen Center must meet the nutritional standards of this rule. The sponsor of the Teen Center can benefit from these sales, only in accordance with school board policy.
A. Yes. Federal Regulations consider cough drops and chewing gum foods of Minimal Nutritional Value. This regulation can be accessed at: www.fns.usda.gov
A. Yes. Exception A of the rule applies to such sales.
A. No. The collection of money to pay for student’s participation in a classroom pizza party represents a food sale.
A. No. The rule only applies to schools participating in the National School Lunch Program.
A. Chapter 51 does not apply to foods and beverages brought to school by students.
A. Yes. However, exception B or C of the rule could apply to such situations.
A. No. Lollipops are considered foods of Minimal Nutritional Value.
A. Yes, if this is a public event with a policy in place.
The complete rule can be viewed on the secretary of state page or by using this link Chapter 051.
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