DAR File No. 30848

Education, Administration

R277-719

Standards for Selling Foods Outside of the Reimbursable Meal in Schools

NOTICE OF PROPOSED RULE

DAR File No.: 30848
Filed: 12/14/2007, 01:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to outline requirements for school district and charter school policies for foods sold outside of the reimbursable meal service.

Summary of the rule or change:

The rule provides: 1) definitions; 2) requires schools to have a policy about school vending machines that includes acceptable uses of vending machine income and acceptable accounting procedures for vending machine receipts; and 3) requires school districts and charter schools to have a written policy for the sale of all foods that are not part of the reimbursable food sales program. This policy may prohibit the sale of foods of minimum nutritional value. The State Board of Education shall review information provided by school districts and charter schools in January 2009.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget. Any costs related to this rule will be the responsibility of school districts and charter schools.

local governments:

School districts and charter schools may have some costs or savings related to this rule. Whether school vending machine or food sales programs will lose money if they provide only nutritional foods is highly speculative.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND other persons due to this rule. School districts and charter schools are responsible for implementation and any costs related to the rule.

Compliance costs for affected persons:

School districts and charter schools may have some compliance costs as a result of this rule. Any compliance costs will be absorbed within existing budgets and will be assessed by the State Board of Education in January 2009.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2008

This rule may become effective on:

02/07/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-719. Standards for Selling Foods Outside of the Reimbursable Meal in Schools.

R277-719-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Foods of minimal nutritional value" as provided in 7 CFR 210, Appendix B, are:

(1) Soda Water--A class of beverages made by absorbing carbon dioxide in potable water. The amount of carbon dioxide used is not less than that which will be absorbed by the beverage at a pressure of one atmosphere and at a temperature of 60 deg F. It either contains no alcohol or only such alcohol, not in excess of 0.5 percent by weight of the finished beverage, as is contributed by the flavoring ingredient used. No product shall be excluded from this definition because it contains artificial sweeteners or discrete nutrients added to the food such as vitamins, minerals and protein;

(2) Water Ices--As defined by 21 CFR 135.160 Food and Drug Administration Regulations except that water ices which contain fruit or fruit juices are not included in this definition;

(3) Chewing Gum--Flavored products from natural or synthetic gums and other ingredients which form an insoluble mass for chewing;

(4) Certain Candies--Processed foods made predominantly from sweeteners or artificial sweeteners with a variety of minor ingredients which characterize the following types:

(a) Hard Candy--A product made predominantly from sugar (sucrose) and corn syrup which may be flavored and colored, is characterized by a hard, brittle texture, and includes such items as sour balls, fruit balls, candy sticks, lollipops, starlight mints, after dinner mints, sugar wafers, rock candy, cinnamon candies, breath mints, jaw breakers and cough drops;

(b) Jellies and Gums--A mixture of carbohydrates which are combined to form a stable gelatinous system of jelly-like character, and are generally flavored and colored, and include gum drops, jelly beans, jellied and fruit-flavored slices;

(c) Marshmallow Candies--An aerated confection composed as sugar, corn syrup, invert sugar, 20 percent water and gelatin or egg white to which flavors and colors may be added;

(d) Fondant--A product consisting of microscopic-sized sugar crystals which are separated by thin film of sugar and/or invert sugar in solution such as candy corn, soft mints;

(e) Licorice--A product made predominantly from sugar and corn syrup which is flavored with an extract made from the licorice root;

(f) Spun Candy--A product that is made from sugar that has been boiled at high temperature and spun at a high speed in a special machine; and

(g) Candy Coated Popcorn--Popcorn which is coated with a mixture made predominantly from sugar and corn syrup.

C. "Vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card or key, dispenses unit servings of food in bulk or in packages.

D. "Unit" means per container, package or amount served.

E. "USOE" means the Utah State Office of Education.

 

R277-719-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, Section 53A-19-201(1) which allows the Board to set standards relating to the use of school lunch revenues, and Section 53A-1-402(1)(e) which requires the Board to establish rules concerning school productivity and cost effectiveness measures and federal programs.

B. The purpose of this rule is to outline requirements for school district and charter school policies regarding foods sold outside of the reimbursable meal service.

 

R277-719-3. District and School Policies Regarding Vending Machines.

A. Each school district and charter school shall develop and implement a policy for schools that choose to provide vending machines.

B. The policy shall include:

(1) a requirement that all agreements for vending machines be in writing in a contract form approved by the local board of education or charter school governing board;

(2) accepted uses of vending machine income; and

(3) generally accepted accounting procedures, including periodic reports to the district of vending machine receipts and expenditures.

 

R277-719-4. District and School Policies Regarding Other Food Sales on Campus.

A. Each charter school and school district shall adopt a written policy for the sale of all foods that are not part of the reimbursable lunch, breakfast or after-school snack programs (i.e., vending, a la carte or other food sales). The policy shall apply to all foods sold anywhere on school grounds during the school day when school is in session in all areas of the school accessible to students.

B. The policy may:

(1) prohibit the sale of foods of minimal nutritional value.

(2) limit all foods to no more than 300 calories per unit.

(3) prohibit foods:

(a) that are more than 35 percent total fat (not including nuts, seeds, non-fat and low-fat dairy);

(b) in which more than 10 percent of the total calories come from saturated fat (not including nuts, seeds, non-fat and low-fat dairy);

(c) that contain any trans fats;

(d) that list "caffeine" as an ingredient;

(e) in which more than 35 percent of the product is sugar by weight (not including 100 percent fruit or vegetable juice with no added sugars; fruits; vegetables; nonfat or low-fat milk or yogurt); or

(f) with a sodium content greater than 200 mg per portion (not including 100 percent fruit or vegetable juice; fruits; vegetables; nonfat or low-fat milk, yogurt or cheese).

(4) limit beverage size to no more than 20 ounces, excluding water.

 

R277-719-5. Miscellaneous Provisions.

A. The provisions of this rule shall become effective no later than July 2, 2008 or when existing contracts expire.

B. School districts/charter schools shall provide to the USOE by January 12, 2009 a copy of the school district's/charter school's policy required under R277-719-4A.

C. The Board shall review the information received by charter schools/school districts no later than 60 days after the receipt of information and make available a report of findings and conclusions.

 

KEY: schools, foods, nutrition, vending machines

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-19-201(1); 53A-1-402(1)(e)