ADE Director's Communication Memo Form


Memo Number : FIN-06-016

Date Created : 08/17/2005

Attention:

Superintendents
Secondary Principals
Elementary Principals
Middle School Principals
High School Principals
other: Child Nutrition Directors

Type of Memo: Regulatory
Response Required: No
   
Section:   Fiscal and Administrative Services - Dr. Bobbie Davis, Assistant Commissioner
Subject:
Nutrition Standards and Allowable Foods/Beverages with Maximum Portion Size Restrictions

Regulatory Authority:
Ark. Code Ann. 20-7-133, 20-7-134, 20-7-135; Final Rule Nutrition/Physical Activity Standards

Contact Person:
Wanda Shockey, Barbara Smith, Sheila Brown or Area Specs

Phone Number:
501-324-9502

E-mail:
sbrown@arkedu.k12.ar.us

Based on Section 6.0 of the “Rule Governing the Nutrition and Physical Activity Standards in Arkansas Public Schools” passed by the State Board of Education (SBE) on August 8, 2005, the Arkansas Department of Education (ADE) is required to issue the “Nutrition Standards”* and a “List of Allowable Foods with Maximum Portion Size Restrictions” as approved by the Arkansas Child Health Advisory Committee each year. See Final Rule ADE Commissioner’s Memo FIN-06-012.

The 2005-2006 Nutrition Standards include (1) increased nutrition standards for United States Department of Agriculture (USDA) reimbursable meals and all a la’ carte foods served in all school cafeterias, and (2) allowable foods/beverages with portion size restrictions that can be made available on middle, junior high and high school campuses during the declared school day.

2005-2006 NUTRITION STANDARDS FOR ARKANSAS PUBLIC SCHOOLS

(1) ALL GRADE LEVELS HAVE INCREASED STANDARDS FOR USDA REIMBURSABLE MEALS AND ALL A LA’ CARTE** FOODS:

In an effort to reduce the fat content of foods offered to students, and increase the consumption of fruits and vegetables, USDA reimbursable meals and all a la’ carte food items will meet the following requirements**:

1. All food items sold or offered to students can contain no more than twenty (23) grams of fat per serving.

2. Schools must offer 1% or fat-free milk within the variety of milk offered at all points of service. Flavored milks may contain no more than thirty (30) grams total sugar per eight (8) ounce serving.

3. Fruits and/or vegetables should be offered daily at all points of service. Fruits and vegetables should be fresh whenever possible. Frozen and canned fruits should be packed in natural juice, water or light syrup.

4. When possible, school food service should procure flash fried foods that can be oven baked instead of deep fat fried or pan-fried.

5. Portion restrictions for French fries:

· ELEMENTARY*** – French fries/fried potato products will be offered to elementary students NO MORE THAN ONCE PER WEEK. French fry (deep fat fried) serving size can be no more than three-fourths (3/4) cup by volume per serving.

· MIDDLE AND JUNIOR HIGH***– French fries/fried potato products (deep fat fried) will be offered to middle and junior high school students in a serving size NO LARGER THAN one (1) cup by volume.

· HIGH SCHOOL***– French fries/fried potato products (deep fat fried) will be offered to senior high students in a serving size NO LARGER THAN one and one-half (1 ˝) cups by volume.

6. Middle, junior high and high schools shall limit the number of fried foods at each meal service to only one item out of every six (6) food items offered. Each food item cannot exceed the maximum portion size or exceed 23 grams of fat per serving. Food items will include any combination of foods served as a single food item.

· EXAMPLE # 1: If only ten food items are offered on the reimbursable menu and A La’ Carte lines, then only one food item can be a fried food.

· EXAMPLE # 2: If twelve food items are offered on the reimbursable menu and A La’ Carte lines, then two can be fried food items.

* NUTRITION STANDARDS apply during the declared school day to all food served to students, regardless of venue. Food items will include any combination of foods sold as a single item.

**A LA’ CARTE Food Items are only available at Middle, Junior High and High Schools

*** DEFINITIONS: ELEMENTARY – A campus with a designated Local Education Agency (LEA) number containing any combination of grades pre-kindergarten (pre-K) through sixth (6th) grades. MIDDLE SCHOOL – Public school(s) having some combination of grades 5-8. JUNIOR HIGH SCHOOL – Public school(s) having some combination of grades 7-9. HIGH SCHOOL – Public school(s) having some combination of grades 9-12.


(2) ALLOWABLE FOODS/BEVERAGES WITH MAXIMUM PORTION SIZE (MPS) RESTRICTIONS

· ELEMENTARY SCHOOL – The “Allowable Foods/Beverages With Maximum Portion Size Restrictions Chart” DOES NOT APPLY TO ELEMENTARY schools. According to Act 1220 of 2003 and the Section 5.0 of the Rule, elementary school students will not have access to vended food and beverages anytime, anywhere on school premises during the declared school day.

Based on the final rule 5.01.3, in elementary schools, the Child Nutrition Program may only sell food items in the cafeteria, during meal periods that are already offered as a component of a reimbursable meal during the school year, including extra milk, fruits, vegetables, and/or an extra meal meeting the same requirements of the reimbursable meal. School food service departments SHALL NOT SELL OR GIVE EXTRA SERVINGS OF DESSERTS, FRENCH FRIES AND/OR ICE CREAM.

· MIDDLE, JUNIOR HIGH AND HIGH SCHOOL - Please see the attached chart for the 2005-2006 ALLOWABLE FOODS WITH MAXIMUM PORTION SIZE (MPS). This MPS Chart will apply to all foods and beverages served, sold, or made available to students on middle, junior high and high school campuses (except the reimbursable school meals, which are governed by the USDA federal regulations).

As stated in the final rule section 5.01.5, “the Child Nutrition Program may only sell food items in the cafeteria during meal periods that are already offered as a component of a reimbursable meal during the school year, including milk, fruits, vegetables, unsweetened unflavored water, and other food/beverage items that meet the standards of maximum portion size and/or an extra meal meeting the same requirements of the reimbursable meal.”

According to section 5.01.4, “during the declared school day at middle, junior high and high schools sites, schools SHALL NOT serve, provide access to, through direct or indirect sales, or use as a reward, any Foods of Minimal Nutritional Value (FMNV) or competitive food to students anywhere on school premises UNTIL THIRTY (30) MIMUTES AFTER THE LAST LUNCH PERIOD HAS ENDED. This includes FMNV and competitive foods given, sold or provided by school administrators, or staff (principals, coaches, teachers, club sponsors, etc.) students or student groups, parents or parent groups, or any other person, company or organization associated with the school site.”

The Arkansas Child Health Advisory Committee will update the “Allowable Competitive Foods/Beverage Portion Size List” each year. Additional requirements in Section 6 include:

· COMPLIANCE MONITORING
6.02.2 Compliance will be monitored by the Arkansas Department of Education in addition to the self-monitoring by the Local School Nutrition and Physical Activity Advisory Committee.

· LIMITATIONS ON SIZE OF BEVERAGE CONTAINERS
6.02.3 All Foods of Minimal Nutritional Value or competitive food beverages sold to students will be restricted to no more than 12 ounces per vended container. The only exception for a larger portion size will be unsweetened unflavored water.

· REQUIRED COMPETITIVE CHOICES
6.02.4 A choice of two (2) fruits and/or 100% fruit juices must be offered for sale at the same time and place whenever competitive foods are sold. Fruits should be fresh whenever possible. Frozen and canned fruits should be packed in natural juice, water, or light syrup.

· REQUIRED RATIO OF BEVERAGE SELECTIONS
6.02.5 At the point of choice, at least 50% of beverage selections in vending machines, school stores and other sales venues shall be 100% fruit juice, low-fat or fat-free milk, and unflavored unsweetened water.

· HEALTHY VENDING POLICIES
6.02.6 At middle school and high school levels, local leaders are encouraged to implement vending policies that encourage healthy eating by students.

· OFF CAMPUS FUND RAISING
6.02.7 Nothing in these rules shall be construed to prohibit or limit the sale or distribution of any food or beverage item through fundraisers by students, teachers, or other groups when the items are sold OFF THE SCHOOL CAMPUS.

School districts are reminded that EXCEPTIONS to student access to foods and beverages in public schools are covered in Section 5 of the final rule.

For assistance in the use of the Allowable Foods/Beverages with Maximum Portion Size Chart or menu planning changes to meet the above standards, please call the Child Nutrition Unit, ADE Area Specialists at (501) 324-9502.

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