West Fresno Elementary School District -...

Joel D. MonteroChief Executive Officer

West Fresno Elementary School District

Food Service ReviewDecember 7, 2007

Fiscal Crisis & Management Assistance Team

FCMATJoel D. Montero, Chief Executive O�cer

1300 17th Street - CITY CENTRE, Bakers�eld, CA 93301-4533 . Telephone 661-636-4611 . Fax 661-636-4647422 Petaluma Blvd North, Suite. C, Petaluma, CA 94952 . Telephone: 707-775-2850 . Fax: 707-775-2854 . www.fcmat.org

Administrative Agent: Larry E. Reider - O�ce of Kern County Superintendent of Schools

December 7, 2007

D. Kent Ashworth, State AdministratorWest Fresno Elementary School District2888 South Ivy StreetFresno, CA 93706-5513

Dear Mr. Ashworth,

In September 2007, the Fiscal Crisis and Management Assistance Team and the West Fresno Elementary School District entered into an agreement for a review of the district’s child nutri-tion program. Specifically the study agreement asked FCMAT to do the following:

Conduct a review of the district’s child nutrition program operations, staffing, policies and procedures, and menu planning and provide recommendations for improvements, as needed.

The attached final report contains the study team’s findings and recommendations.

We appreciate the opportunity to serve you and we extend our thanks to all the staff of the West Fresno Elementary School District.

Sincerely,

Joel D. MonteroChief Executive Officer

TABLE OF CONTENTS i

Table of Contents

Foreword ...........................................................................iii

Introduction ...................................................................... 1Background .............................................................................................................................................. 1

Study Guidelines .................................................................................................................................... 2

Study Team .............................................................................................................................................. 2

Executive Summary ......................................................... 3

Findings and Recommendations ................................... 5Program Operations ............................................................................................................................ 5

Communication ....................................................................................................................................11

Staffing .....................................................................................................................................................15

Menu Planning .....................................................................................................................................17

Appendices ......................................................................19


FOREWORD iii

ForewordFCMAT BackgroundThe Fiscal Crisis and Management Assistance Team (FCMAT) was created by legislation in accordance with Assembly Bill 1200 in 1992 as a service to assist local educational agencies in complying with fiscal accountability standards.

AB 1200 was established from a need to ensure that local educational agencies throughout California were adequately prepared to meet and sustain their financial obligations. AB 1200 is also a statewide plan for county offices of education and school districts to work together on a local level to improve fiscal procedures and accountability standards. The legislation expanded the role of the county office in monitoring school districts under certain fiscal constraints to ensure these districts could meet their financial commitments on a multiyear basis. AB 2756 provides specific responsibilities to FCMAT with regard to districts that have received emer-gency state loans. These include comprehensive assessments in five major operational areas and periodic reports that identify the district’s progress on the improvement plans.

Since 1992, FCMAT has been engaged to perform more than 600 reviews for local educational agencies, including school districts, county offices of education, charter schools and community colleges. Services range from fiscal crisis intervention to management review and assistance. FCMAT also provides professional development training. The Kern County Superintendent of Schools is the administrative agent for FCMAT. The agency is guided under the leadership of Joel D. Montero, Chief Executive Officer, with funding derived through appropriations in the state budget and a modest fee schedule for charges to requesting agencies.

Management Assistance............................. 631 (94.6%)Fiscal Crisis/Emergency ................................ 36 (5.4%)

Note: Some districts had multiple studies. Seven Districts have received emergency loans from the state. (Rev. 10/10/07)

Total Number of Studies.................... 667Total Number of Districts in CA .......... 982

92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07 07/08

Projected

80

70

60

50

40

30

20

10

0

Study Agreements by Fiscal Year

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INTRODUCTION 1

Introduction

BackgroundThe West Fresno Elementary School District is comprised of a K-5 elementary school with an enrollment of 630 students and a grades 6-8 middle school with 254 students. The district also operates a preschool program with an enrollment of 80 students. After-school programs are provided for most of the district’s students.

On March 6, 2003, Assembly Bill 38 (Reyes) was signed into law. The bill authorized the appointment of a state administrator and provided the district with an emergency state loan of $2 million to assist the district in restoring fiscal and operational stability. Since that date, the Fiscal Crisis and Management Assistance Team (FCMAT) has completed five comprehensive assessments to measure the district’s improvement in five operational areas: governance/community relations, personnel management, pupil achievement, financial management, and facilities management. In addition to these reviews, the cur-rent state administrator has engaged outside agencies and consultants, including FCMAT, to evaluate existing programs and procedures. Findings and recommendations provided by these evaluations will be used to assist the district as it prepares for an expected increase in enrollment over the next three to five years.

In September 2007 the district’s Director of Maintenance/Operations/Transportation/Child Nutrition contacted FCMAT to request a review of the district’s child nutrition program. The request focused on a review of the program’s current operations related to staffing, policy and procedures, and menu planning. As defined in the final study agree-ment, the management assistance request directed the FCMAT study team to complete the following scope of work:

Conduct a review of the district’s child nutrition program operations, staffing, policies and procedures, and menu planning and provide recommendations for improvements, as needed.


INTRODUCTION2

Study GuidelinesThe study team visited the district on October 9-10, 2007 to interview district employees, review documents, collect information, and conduct site visits. This report is the result of those activities and is divided into the following sections:

Executive SummaryI. Program OperationsII. CommunicationIII. StaffingIV. Menu PlanningV. AppendicesVI.

Management Bulletin 95-107A. Management Bulletin 00-109B. California Education Code and California Schools C. Accounting Manual (CSAM) referencesCalifornia Department of Education Nutrition Standards D. California Department of Education Summary of Food and Beverage Restrictions in California (Management Bulletin 05-110) California Nutrition Association Summary of Requirements for Food and Beverages Sold in California SchoolsStudy agreementE.

Study TeamThe study team was composed of the following members:

Barbara Dean Susan Murai Deputy Administrative Officer Director of Food Services, RetiredFCMAT Penn Valley, CA Bakersfield, CA

John Lotze Public Information SpecialistFCMAT Bakersfield, CA


EXECUTIVE SUMMARY 3

Executive SummaryThe district’s food service program is operating with a financial surplus and is serving the stu dents’ needs. The program is well managed and has the opportunity to use a portion of its surplus funds for student and parent nutrition education in accord with the district’s wellness policy. The district provides breakfast and lunch to 884 students. Programs include the National School Lunch Program, School Breakfast Program and After School Snack Program. Until recently, the district also prepared snacks for Saturday school students.

The district expects to grow in the next three to five years because of new home and apartment complex construction nearby, and the district will soon receive a new facilities master plan with significant recommendations for improvements. Current expansion ideas include a parent/community center, a new school, and a new central kitchen to replace the two existing kitchens that are deemed to be too small to accommodate the projected enrollment growth.

In addition to supervising the child nutrition program, the director of child nutrition is involved in facilities planning and oversees maintenance and operations, transportation and custodians. The child nutrition program is fiscally and operationally stable and is capable of offering improved services to students and the community. The district should consider hiring a consultant or part time nutritionist to help the director provide nutrition education, expand menu options, implement the wellness policy and carry out related tasks.

The district’s 2005-06 annual financial and compliance audit found the cafeteria fund balance to be excessive and recommended that the money be used to improve the child nutrition program. Funds should also be directed to a cafeteria equipment reserve account to accumulate money for the future purchase, lease, maintenance or replacement of caf-eteria equipment.

Further training should be provided to ensure that proper procedures are followed for maintaining temperatures of hot and cold foods.

Security/supervisory staffing for the middle school cafeteria should be adjusted during meal periods to eliminate inappropriate student behaviors and to address staff safety concerns.

Communication is poor and should be improved at all levels. Computers should be purchased and installed in each kitchen area to allow e-mail contact among and between program and site administrative staff. Child nutrition staff meetings should include team building exercises to assist in mending relationships. Nutrition information and the dis-trict’s wellness policy should be communicated regularly to site employees, the govern-ing board and the community.

The child nutrition program should provide items for special meetings, workshops, training sessions and special events such as Mommies and Muffins or Daddies and


EXECUTIVE SUMMARY4

Doughnuts. Because the program has a substantial financial reserve, the district should consider providing these items at cost. When a central kitchen with large eating areas is completed, catering for community events could also be considered, though the district should complete a fiscal analysis of this option before making any decisions.

Rotation of staff between sites should apply to all food service staff. The director needs to assume responsibility for staff evaluations, with input from the program manager, unless the manager position is moved to a supervisory classification. Staffing levels should be re-evaluated after changes to meal options and/or food preparation methods are made.

Student focus groups should be created and should participate in taste testing and identi-fying new food choices. New options for adult meals should also be created to encourage staff to purchase food from the cafeteria.


pROgRAM OpERATIONS 5

Findings and Recommendations

Program OperationsThe district’s child nutrition programs include the National School Lunch Program, the School Breakfast Program and the After School Snack Program. The food service depart-ment provides meals to the K-5 elementary school with an enrollment of 630 students and to the grades 6-8 middle school with 254 students. The district’s preschool program has an enrollment of 80 students. All K-8 students participate in after-school programs. The district no longer participates in the Breakfast in the Classroom program and as of October 12, 2007 does not provide Saturday school lunches. The district continues to include these programs in the written meal count and collection procedures in the event they are reinstated in the future. The written meal count and collection procedures form the basis of the Coordinated Review Effort (CRE).

The schools and the district office are located on the same campus, which has sufficient space to allow for expansion as enrollment increases. The district expects to grow in the next three to five years as a result of the construction of nearby homes and apartment complexes. A new facilities master plan is expected to provide significant recommenda-tions for improvements. Current expansion ideas include a parent/community center, a new school and a new central kitchen. The central kitchen is intended to replace the two existing kitchens that are considered too small to accommodate the projected increase in enrollment. Unification with surrounding elementary and high school districts has also been considered. When a central kitchen with large eating areas is completed, catering for community events could be considered. A complete fiscal analysis of this option would be needed before any decision is made.

The director of child nutrition has built a strong foundation for the department over the past four years. The district recognizes the director’s talent: the director is also involved in facilities planning and oversees maintenance and operations, transportation and custodians. According to the district, the child nutrition program has achieved financial and operational stability and is capable of offering improved services to students and the community. With limited time and increasing responsibilities in other areas, the director finds it difficult to be as closely involved with the department as in the past, yet remains diligent and continues to oversee kitchen operations, assist with the department budget, write menus and analyze them for nutritional quality, order food, review payables, and complete monthly reimbursement claims. A consultant or part time nutritionist could be hired to assist the director with program issues.

The child nutrition program is financially solvent, with an annual budget of $570,000 and $300,000 in reserve. The district’s 2005-06 financial and compliance audit found the caf-eteria fund balance to be in excess of acceptable levels and recommended that the money be used to improve the food service program. If the district decides to build a new central kitchen, a portion of the food service program reserve will need to be designated for the purchase of new equipment.


pROgRAM OpERATIONS6

Management Bulletin 95-107, dated June 1995, from the California Department of Education’s (CDE’s ) Child Nutrition and Food Distribution Division (see Appendix A) explains the provisions of law that control the use of cafeteria funds for allowable expen-ditures and the establishment and maintenance of net cash resources. Expenditures from the cafeteria fund that require state approval must be authorized in advance by the State Board of Education. The district should begin the process of obtaining any necessary waivers now, before confirming plans for a central kitchen. Management Bulletin 00-109 (see Appendix B ) from the CDE, dated March 2001, includes further clarification in the form of questions and answers about the use of cafeteria funds.

The California Schools Accounting Manual (CSAM) and Education Code (EC) Section 38102 allow the governing board of a local educational agency (LEA) to establish and maintain a reserve for cafeteria equipment within Fund 13, Cafeteria Special Revenue Fund (see appendix C). The district’s director of child nutrition and assistant superinten-dent of business can contact the Fresno County Office of Education for specific account coding to designate a portion of the fund balance as a reserve.

Although the ability to print monthly profit and loss statements is available, the child nutrition director relies on the district’s financial system for current budget information. The director completes a monthly financial information worksheet that identifies revenue based on reimbursements and actual expenses in order to determine monthly profits.

Because 94% of the district’s students are eligible for free or reduced-price meals, the child nutrition department participates in the CDE Nutrition Services Division’s Provision 2 program for meal counting and claiming. Schools participating in Provision 2 must serve National School Lunch Program (NSLP) and School Breakfast Program (SBP) meals to all participating children at no charge for up to four consecutive years. In return, Provision 2 offers schools a reduction in some administrative burdens associated with the distribution and approval of free and reduced-price meal applications in all but the base year. The burden on households is also reduced because they are not required to pay for meals or complete the free and reduced-price meal application annually.

Provision 2 operates on a four year cycle. The first year serves as the base year, during which the district distributes meal applications, determines the eligibility of participating children, takes daily meal counts by type (free, reduced-price and paid) at the point of service, reports the counts for claiming reimbursement and receives reimbursement for meals served. Under this provision, and regardless of the eligibility category, all children are served meals at no charge.

During the second, third and fourth years, schools make no new eligibility determina-tions and continue to serve meals to all children at no charge. The school counts only the total number of reimbursable meals served each day. Reimbursement during these years is determined by applying the percentages of free, reduced-price and paid meals served during the base year to the total meal count for the corresponding claiming period in subsequent years. Provision 2 is a good alternative for schools in which a very high percentage of children are eligible for free and reduced-price meals. The 2008-09 school



year will serve as the next base year for the district, which must distribute meal applica-tions and determine students’ eligibility in order to continue participating in Provision 2.

FCMAT visited both of the district’s schools, interviewed child nutrition staff and school administrators, and observed meal preparation and service. The two kitchens appeared clean and orderly. Both school sites have new ovens, warming cabinets and freestanding salad bars. Freezers, refrigeration units and dry storage areas appear to be adequate for the current menu and volume of meals prepared. The staff serve students breakfast and lunch quickly at the elementary and middle schools.

The elementary school cafeteria has adequate adult supervision during the meal periods. However, FCMAT observed only one adult in the middle school cafeteria during lunch service. The director stated that the child nutrition program shares the cost of several noon aides.

In separate interviews, four of the serving staff commented on the lack of student supervi-sion in the middle school cafeteria. Foul language among some students, occasionally directed towards food service staff, is not controlled by security staff. At times, student behavior also includes “trash talk,” throwing trays and other disruptive behaviors. During FCMAT’s visit only one person was assigned to control students inside and outside the middle school cafeteria. No control was exercised over the lines entering the cafeteria, resulting in confusion about when the next grade level was coming in for lunch.

The middle school staff used the steam table to serve hot food; however, rather than place pans in the appropriate slots to maintain a hot temperature, pans of hot food were set on top of the steam table lids without benefit of heat. This presents a food safety concern because the proper temperature is not maintained. The freestanding salad bar held mixed peas and carrots, fruit, and condiments appropriate to the menu. This arrangement also presents a food safety concern because the vegetables cannot be kept hot, nor the cold fruit chilled. At the elementary school, staff set up the hot food line and maintained proper temperatures; fruit and condiments were set up in the salad bar.

Meals served to middle school and elementary school students were counted for reim-bursement at the end of the cafeteria line. Child Nutrition staff handed utensil (spork) packets to each student with a reimbursable meal, and then counted the meal with a handheld clicker.

Meal counts varied when staff members at both sites performed a double count to verify the number of meals served. Clicker count takes precedence over tray count. Staff also noted that reimbursable meals are occasionally not counted because students walk away from the line before reaching the end.


pROgRAM OpERATIONS8

RecommendationsThe district should:

1. Establish a cafeteria equipment reserve account to accumulate money for the future purchase, lease, maintenance or replacement of cafeteria equipment, as permitted by Education Code 38102. Use a portion of the carryover revenue in excess of three months operating expenses to open the reserve account.

2. Contact the State Board of Education and the United States Department of Agriculture to obtain approval for the use of cafeteria funds. This waiver process should be initiated well in advance of the construction of a central kitchen and other facilities. Refer to CDE Nutrition Services Division Management Bulletin 95-107 of June 1995 and Management Bulletin 00-109 of March 2001, contained in Appendices A and B, respectively. These bulletins clarify allowable expendi-tures, appropriate use of cafeteria funds and the waiver requirements for central kitchens.

3. Share information from the monthly financial worksheet to promote an under-standing of the program’s impact and purpose as part of the school community.

4. Ensure that written meal count and collection procedures meet state standards and reflect department practices. Ensure that changes in any of the written meal count and collection procedures are submitted to the CDE’s Nutrition Services division annually.

5. Schedule and provide ongoing training for staff. The director should observe meal service at each site weekly to ensure that proper food preparation and service procedures are followed. A copy of the procedures should be kept at each site for quick reference.

Review and revise food preparation and service procedures for the After School Snack Program as needed.

Review the menu with the nutrition manager to ensure that meal pattern require-ments are met.

Train the nutrition staff in the proper distribution of and accounting for all meals. Remaining food should be returned to the cafeteria. The director should monitor this program.

6. Review and update the department’s Food Safety/Hazard Analysis Critical Control Point (HACCP) manual.

Train and review with all food services staff the proper procedures for maintain-ing temperatures of hot and cold foods during preparation, holding and service.

Train staff in the use of instant-read thermometers and ensure that temperatures are recorded as required.



7. Schedule consistent security/supervisory staffing in the middle school cafeteria to eliminate inappropriate student behaviors and address staff safety concerns.


10


COMMUNICATION 11

CommunicationDuring interviews, child nutrition staff and school administrators frequently mentioned the need for improved communication. The child nutrition department needs to make improved communication a high priority.

The elementary school principal would like his site to be recognized as a California Distinguished School and is working toward that end. He indicated that there is little communication between the child nutrition staff and school staff, and suggested that e-mail be set up for the principal to provide the director and the site manager with infor-mation regarding the school’s master calendar, field trips, minimum days, lunch schedule changes and classroom events. He indicated that he rarely eats in the cafeteria but meets with fourth and fifth grade students to help establish a caring and nurturing school cul-ture, of which good nutrition should be a part.

The elementary school student handbook states that candy and hot Cheetos are not allowed on campus. The principal believes that the students’ meal choices are good. Adults have the same choices but also request other items. The principal suggested adding salads and vegetables to the adult menu and was of the opinion that students would not eat these items. He indicated that he has heard that the food is sometimes still cold or frozen in the middle, especially the peanut butter and jelly Uncrustables. He also reported hearing that there is too much sugar in school meals.

The elementary school principal encourages family participation and interaction with the school by sponsoring monthly theme activities such as Sweet Breads for Grandparents Day, Donuts and Dads, and Muffins for Mommies. Although it easily could, the child nutrition program does not provide food items for these events, possibly because of the price. Because the child nutrition program has a substantial ending financial balance, the district should consider providing food for special events at cost.

The middle school principal noted several areas that need improvement, including cus-tomer service and hand washing/sanitizing stations for students coming to lunch from the playground. Although health is taught in some physical education classes, the principal was not aware of any nutrition education on campus and suggested that nutrition could be taught as an elective in the after-school program.

Some food is thrown into the garbage after each meal and during after-school programs. It does not appear that this activity is tracked or quantified.

The nutrition manager is responsible for running both kitchens and both cafeterias. She observed that the principals do not visit the cafeterias and that communication with the principals is poor. The manager often receives little advance notice of lunch schedule changes, and e-mail is available to her only on the director’s computer at the district office, not at her site. Many of the child nutrition staff members perceive themselves as a separate group from the school staff.

The child nutrition manager indicated that tension exists among the child nutrition staff and communication with the school staff is minimal. The manager meets with the direc-


COMMUNICATION12

tor every Wednesday and is responsible for weekly milk, produce and paper orders; the director orders the frozen food items. The manager and her staff rotate stock prior to new deliveries and take a physical inventory at the end of the regular school year and at the conclusion of the summer school program.

Nutrition staff members are rotated between sites in an arrangement that was initiated to ensure that they are cross-trained. All nutrition staff interviewed expressed concern and confusion regarding the staff rotation schedule between the two schools. One employee indicated that she sometimes could not complete a task before changing schools; she feels it is important for her to see a task finished before moving to the other site.

School begins at 8:15 a.m. every day except Wednesday, when it begins at 10 a.m. Breakfast is served one half hour before the start of school, regardless of the start time; however, the lunch schedules remain the same every day. First grade students eat lunch at 11:20 a.m., which on Wednesdays is less than 90 minutes after breakfast. It is not clear what effect this schedule has on breakfast and lunch participation. However, scheduling lunch only 80 to 90 minutes after breakfast does make it difficult for some students to consume all of the food served.


1. Install a computer with e-mail capability in each school kitchen to provide a means of communication for the nutrition manager and staff so that they can be informed regarding lunch schedules, classroom activities, field trip information, master calendars and other pertinent information affecting the cafeterias. Child nutrition staff should also be trained in the use of e-mail.

2. Encourage e-mail communication between the nutrition staff and teachers and administrators to notify them when special adult salads and other menu items are available.

3. Request that the principals direct school office personnel to communicate lunch and breakfast schedule changes to the nutrition manager as soon as they are known.

4. Encourage school site administrators to walk through their cafeterias several times a week and interact with the staff.

5. Encourage nutrition staff to show a willingness to participate in school functions and occasionally make presentations at staff meetings.

6. Consider involving child nutrition staff in the school communities by doing the following:

• Provide nutrition education posters and information in the cafeteria.


COMMUNICATION 13

• Provide healthy food for events such as Muffins for Mommies, staff meet-ings, site council and PTSA meetings, back to school functions, school open houses and board meetings.

• Help the elementary school become a California Distinguished School by communicating with staff and students and by providing foods that are tasty and served in a visually appealing manner in colorful and positive cafeteria surroundings.

• Offer district staff the opportunity to order salads and other entrées in advance; take into consideration both presentation and reasonable pricing of these items.

7. Encourage the child nutrition director to set an agenda for Wednesday staff meet-ings. The director should include all child nutrition staff in the meetings so that they can receive training on pertinent issues such as food safety, collection pro-cedures and menu development. Staff should be given the time and opportunity to improve communication, offer feedback and improve understanding within the department.

8. Encourage the director to consult with site personnel to determine the amount of food thrown away.

9. Ensure that all staff, including the manager, are rotated.

10. Schedule team building exercises and training for nutrition staff to help mend relationships.

11. Consider revised scheduling options for early release Wednesdays. One possible option is to delay Wednesday lunch by one period beginning the second semester of the current school year or at the start of the 2008-09 school year.


14


STAFFINg 15

StaffingBecause the child nutrition director shares time between several departments, a part time assistant with a strong background in nutrition would be an asset. While the director would retain oversight of the nutrition department, the assistant would be responsible for staff training and menu planning and analysis. In accordance with the district’s wellness policy, this position could also provide outreach, acting as a liaison between the depart-ment and the school community.

Nutrition program staffing includes the director and the following positions and hours:

Nutrition Manager: 7.0 hours; Nutrition Assistant: 6.0 hours3 Nutrition Assistants: 16.5 hours (5.5 hours each)Nutrition Assistant: 5.0 hours

Total hours per day: 34.5

During the first day of FCMAT’s site visit, FCMAT was informed that one nutrition assis-tant was absent from work and that it was not necessary to call in a substitute worker. Meal service was not affected by the absence. The menu specifies foods that are ready to heat and serve; few foods are prepared from scratch. As a result, the current staffing is more than adequate to prepare and serve lunch, breakfast and after-school snacks each day. The staffing should be adjusted as needed if enrollment increases and if the menu expands to require food preparation and cooking.

The nutrition manager and nutrition assistants are all members of the classified employ-ees bargaining unit. According to the position’s job description, the nutrition manger is expected to set work schedules, assign duties and supervise the nutrition assistants. The job description also requires the manager to train, direct, discipline and evaluate the assistants, and this is occurring. However, because they are members of the same bar-gaining unit, the nutrition manager is not permitted to evaluate her peers. Therefore, the child nutrition director should prepare staff evaluations after conferring with the nutrition manager and regularly observing the staff during meal preparation and service.

RecommendationsThe District should:

1. Consider hiring a part time supervisor/nutritionist or a consultant to write menus and further analyze them for nutritional content; implement the district’s wellness policy; address staff and community nutrition concerns; provide training programs for the nutrition staff; offer nutrition education in the classroom; offer nutrition classes for school staff and members of the community; and hold an annual nutri-tion fair.

Explore the possibility of sharing this position with neighboring districts.


STAFFINg16

2. Consider changing the nutrition manager position to a supervisory classification. Ensure that provisions of collective bargaining agreements are followed when making changes to positions.

3. Re-evaluate staffing levels after any changes in meal options or food preparation methods have been completed.


MENU pLANNINg 17

Menu PlanningPrinted menus and information sheets are sent to students’ homes every month. The district uses the United States Department of Agriculture’s (USDA’s) nutrient standard menu and offer-versus-serve plan for K-8 students. Under this plan, the district must offer a minimum of three menu items including an entrée, other side dishes and fluid milk. For a meal to qualify for state and federal reimbursement, students must select at least two menu items, including the entrée. Students may decline no more than two menu items. The menu must meet calorie and nutrient standards for fat, saturated fat, vitamins A and C, iron and calcium when averaged over a one-week period. Although there is no estab-lished standard for cholesterol, fiber and sodium, these need to be monitored. Preschool students are not on an offer-versus-serve plan and must take all food items served, includ-ing entrée, other side dishes and milk. .

The breakfast menu repeats every two weeks with few variations. Cereal is available to preschool and middle school students, but not to elementary school students. Hash brown potatoes are not offered to preschool students, but are offered to elementary students three times per week and to middle school students daily.

The lunch menu repeats every four weeks and is the same for the elementary and middle schools. The menu always includes a Smuckers peanut butter and jelly Uncrustable sand-wich as a second entrée choice. Preschool students do not have the choice of a second entrée.

FCMAT requested and received comments on the school menus. Six middle school students stated the food was “OK” but indicated that they would like to have different foods on the menu such as nachos, hot sandwiches and salads. Two students expressed interest in participating in a student focus group to test new food items. Eleven elemen-tary students stated that hamburgers and pizza were favorite items. Only four of these 11 elementary school students regularly participate in the breakfast program.

Several child nutrition staff members mentioned that they would enjoy preparing items such as corn bread, cookies, fruit crisps, salads/salad bar and soups. One employee stated, “Having choices make kids feel good about themselves.” Others suggested vary-ing the second entrée choice to include tuna sandwiches, homemade enchiladas and fish sandwiches. One employee commented that students do not appear to like chili mac, chili dogs and sloppy joes because when these items are offered an increased number of Uncrustable sandwiches are served.

During two days of site visits, FCMAT repeatedly heard that too much sugar is included in the menu. No standard has been set for carbohydrates, also known as sugars, in reim-bursable meals. Nutrient analysis indicates that the middle school menus align fairly well with state and federal nutrition standards, frequently exceeding the requirements for iron, calcium, protein, and vitamins A and C. Elementary and preschool lunch menus con-sistently exceed the target for calories, often by as much as 135%. Although the district diligently performs nutrient analysis, modification of the existing menus and reanalysis is needed to ensure that preschool and elementary menus meet the target.


MENU pLANNINg18

District staff indicated that they would enjoy adult salads rather than heavier cafeteria foods.


1. Form student nutrition focus groups and have them begin meeting regularly. Use input from these groups to help conduct nutrition education and menu planning. Have students taste test new items and highlight their choices on the printed menu.

Consider creating menu schedules that repeat quarterly rather than biweekly or monthly.

Post monthly menus to the district’s Web site in appropriate languages.2.

Highlight the nutritional analysis of the school menus and inform readers that the required USDA nutrition targets are being met and that menus are not loaded with sugar. The district should also include nutrition information, food safety hints for the home and general news from the child nutrition department as an outreach to staff and community.

3. Assign the child nutrition director and/or the part time nutritionist or consultant to work with staff and the sites to begin implementing the district’s wellness policy.

4. Increase food choices and preparation requirements to improve menus. The visual appeal of items should also be increased to improve how students, staff and the community perceive the nutrition program.


AppENDICES 19

Appendices

Appendix ACalifornia Department of Education Management Bulletin 95-107

Appendix BCalifornia Department of Education Management Bulletin 00-109

Appendix CCalifornia Education Code and California Schools Accounting Manual sections allowing an LEA to maintain a reserve for cafeteria equipment within Fund 13.

Appendix DCalifornia Department of Education Nutrition Standards California Department of Education Summary of Food and Beverage Restrictions in California (Management Bulletin 06-110)California School Nutrition Association Summary of Requirements for Food and Beverages Sold in California Schools

Appendix EStudy Agreement


Appendix ACalifornia Department of Education Management Bulletin 95-107

CAUFORNIA DEPARTMENT OF EDUCATION

The CaliforniaDepartment of Education (CDE),ChildNutrition and Food Distribution Division (CNFDD),frequently receives requests for guidance regarding allowable expenditures from the cafeteriaaccount/funds and the establishment and maintenance of net cash resources. This ManagementAdvisory explains the provisions of current law that control both issues.

Expenditures From the Cafeteria Account

Expenditures from the cafeteria account/fund are governed by the Code of Federal Regulations (CFR),the Office of Management and Budget (OMB),the California Education Code (EC), and the CaliforniaSchool Accounting Manual (CSAM). Sponsors of school nutrition programs must observe state andfederal limitations on the use of cafeteria funds [7 CFR210.9(b) (1)) and expend nonprofit school foodservice revenues in accordance with the CSAM [7 CFR 210.14(a)). The CSAM, pg 701-12, AuxiliaryPrograms, defines food services to be the actual management, preparation, and service of meals.

For a fee of $12.00 plus tax, sponsors may obtain copies of the CSAM by calling the Sales Unit in theBureau of Publications at, (916) 445-1260 or by written request to:

Bureau of PublicationsSales Unit

California Department of EducationP.O. Box 271

Sacramento, CA 95812-0271

Land and Buildings

7 CFRPart 210.14(a) states in part, wrevenuesreceived by the nonprofit school food service are to beused only for the operation and improvement of such food service, except that, such revenues shallnot be used to purchase land or buildings, unless otherwise approved by FNS, or to constructbuildings. W EC Section 39900 states that Wthecost of housing and equipping cafeterias is a chargeagainst the funds of the school district. W In summary, districts may not use funds from the cafeteriaaccount to buy land or buildingsor to build buildings without prior approval from Food and ConsumerServices (FCS) [formerly Food and Nutrition Services (FNS))and an approved waiver to EC Sections39900 and 39900.5 from the California State Board of Education (SBE).

Costs incurred for repairs and alteration of facilities that materially increase the value or useful life ofthe facilities also require prior approval by FCS (see wFCSWaiverwbelow) and the SBE [EC Section39900.5(a)). Alterations and repairs to central food processing plants do not require SBE approvalbecause they are allowed in EC Sections 39891 and 39900.

Delaine Eastin, Superintendent 01Public 1Dstructi0n

- - -- - - ----

""'IfI, Wgu1,J1__ '-_'.'Y _.."'_ __1__

. CHILD NUTRITIONAND FOOD DISTRIBUTION DIVISION

MANAGEMENT BULLETIN No.: 95-107

FROM: School Nutrition Proarams Unit I ISSUE DATE: June 1995

TO: All School Nutrition Programs Sponsors

ATTENTION: Food Service Directors, Business Managers, and Superintendents

SUBJECT: Use of Cafeteria Funds

REFERENCES: Code of Federal Regulations, Office of Management and Budget, California. .

.. ...- Education' Code,- and-California .School Accountina Manual

------

Central Food Processing Plant

A central food processing plant is a facility in which meals and/or meal components are prepared anddistributed to separate feeding sites (sites being individual schools and/or other contracting entitiesunder child nutrition programs). A cafeteria which prepares meals only for the use of students at thecafeteria's location is not a central food processing plant.

EC Sections 39891 and 39900 permit the governing board of any school district to authorize as acharge against the cafeteria account/funds the cost of construction of a central food processing plant.However, federal regulations [7 CFR 210.14(a)) prohibit this use of cafeteria funds without priorapproval. Therefore, the cafeteria account may not be charged for the construction of a central foodprocessing plant without prior FCS approval. State approval is not required.

Districts may not charge the cafeteria account for the rental or lease of district-owned facilities thatare being used by the food service department. However, if a district rents facilities for the foodservice department, or any other program, all costs associated with the rental are distributed to allprograms as a direct support charge using the classroom units method of allocation.

Equipment

The CSAMdefines equipment as movable personal property of a relatively permanent nature and/orof significant value. Expenditures for equipment and repairs, maintenance, or alterations to equipmentare not allowable without prior FCS approval (see "Food and Consumer Services Waiver" below), andare allowable without prior CDEapproval provided that the equipment is used exclusively for foodpreparation, storage, or service.

The governing board of any school district may designate a portion of their food sales to anaccumulative cafeteria equipment replacement reserve for the replacement of worn out or obsoletecafeteria equipment. Funds may be accumulated from year-to-year until expended for this restrictedpurpose (EC Section 39901). However, expenditures from this reserve are subject to the samerestrictions regarding the use of funds as the cafeteria account/fund. If district funds are used topurchase equipment. the governing board may at any time within five years after the expenditurereimburse school district funds from cafeteria funds.

Food and Consumer Services Waiver

Under the authority of 7 CFR 3015.196(C), FCS has issued a conditional waiver of the requirementfor the prior written approval of costs, such as equipment and repairs, maintenance, or alterationsto equipment or buildings. Districts wishing to use cafeteria funds for the purchase of otherwiserestricted equipment and repairs, maintenance, or alterations to equipment or buildings may do sowithout obtaining prior written approval from FCS. However, if it is determined, by audit orotherwise, that the costs do not meet other requirements or tests for allowability specified by theapplicable cost principles in OMBCircularA-87, such as reasonableness and necessity. the costs maybe disallowed.

There is no conditional waiver from the state. Expenditures from the cafeteria fund that require stateapproval must be authorized by the State Board prior to expending funds.

All expenditures must adhere to procurement procedures as defined in 7 CFR 301 5, Subpart T, andin OMBCircular A-102. Attachment O.

DeIaiDeEastin, Superintendent 01Public Instruction 2

Accounting for Expenditures

Direct costs are those expenses that may be charged directly as part of the cost of a product orservice to a program. Typical direct costs that may be charged to the cafeteria account/fund includesalaries of directors and supervisors, managers, cooks, bookkeepers, helpers, and clerks; employeebenefits for all employees in this program; food; laundry; costs of purchase and operations of vehiclesused in the delivery of food to various locations; insurance on vehicles used for food service; repairand maintenance of equipment used in this program, and acquisition and replacement of relatedequipment (CSAMpg 801-4). School food service funds may not be used to pay salaries of non foodservice personnel to monitor children during meal periods. Expenditures for supervising pupils duringlunchtime are considered to be part of the instructional costs. (CSAM, pg 401-4).

'-.Whencalculating indirect costs, districts may use the lesser of the district's prior year indirect cost."'4..rate-as approved, by the CDE or the statewide average. "Forthe1995-96fiscal year, the statewide

average indirect cost rate is 6.02% and is based on 1993-94 expenditures.

The cafeteria account may also be charged direct support costs. The applicable direct support costsare maintenance and operations, facility rents and leases, and centralized data processing. Costs formaintenance and operations, and facility rents and leases, may be charged using allocation methodsonly as defined in the CSAM pgs 702-4 - 702-5. Centralized data processing costs may only becharged using the documented method, as defined in the CSAM pgs 702-6 - 702-11.

It should be noted that under the allocation method, classroom units for multi purpose rooms may notbe charged to the cafeteria account/fund. Only the kitchen and serving area may be charged to thecafeteria account/fund.

AB 1643

On October 1,1993, the Governor signed into law Assembly Bill1643 which added Section 39900.5to the California Education Code. The intent of this section is to hold school district officials fullyaccountable for the accounting and reporting of food service programs.

The costs that districts may charge to the cafeteria account/fund are restricted as follows:

· A food service program shall not be charged more than once for expenditures for the sameservice. If a food service program is being charged for a service as a direct cost, the schooldistrict shall not also allocate that cost as a direct support cost or indirect cost.

· Only those charges that aredefined in the CSAMor are reported to the California Departmentof Educationon FormJ-380, as revised April 1990.

· An indirect cost shall be limited to the lesser of the school district's prior year indirect costrate as approved by the CDEor the statewide average indirect cost rate for the second priorfiscal year.

· Charges to, or transfers from, a food service program shall indicate when the charge ortransfer was made and shall be accompanied by a written explanation of the purpose of, andbasis for, the expenditure.

. Nothingin AB1643 authorizesschool districts to charge a food service programany chargesprohibited by state or federal law.

If the CaliforniaDepartment of Educationand the Department of Finance agree that a district r-'violatedany of the aboveprovisions,the Superintendent of PublicInstruction shall direct that scr .

district to transfer double the amount improperly transferred to the district's general fund to ,

Delaine Eastin, Superintendent or Public Instruction

- ------------

---

district's cafeteria account/fund for the subsequent fiscal year. These amounts are to be used forthe improvement of the district's food service program. If the school district fails to make thetransfer, the superintendent shall reduce the school district's regular apportionment (determinedpursuant to EC Section 42238) and increase the district's child nutrition allowance (determinedpursuant to ECSection 41350) by double the amount improperly transferred to the district's generalfund. That amount is then to be used for improvement of the food service program.

Waivers

Districts seeking FCS approval to use cafeteria funds to purchase land or buildings or to constructbuildings (including food processing plants) should submit the following information to the CDE,CNFDD. The CNFDDwill forward all requests to FCS.

- .'. ,:,"::..:rl8..;,;t'<.ttTheamountof.Junds in~the cafeteria.account.and the proposed expenditure amount.[B Whether or not the district plans to contribute any funds and if so how much.

. [B Verificationthat the expenditure was budgeted for.[B A written statement demonstrating that the expenditure is reasonable and necessary

and the extent to which it willbe used for food services (i.e., if multi-purpose room %of use by all programs).

[B A detailed description of the project (i.e., type of building: central kitchen, cafeteria,site kitchen, etc.) and how the expenditure will benefit the food service program.

If FCS approves the expenditure, districts must also request a waiver of EC Sections 39900 and39900.5 (excluding food processing plants.) In addition to the information required for a federalwaiver, districts must submit the following as required in EC Section 33050:

A written statement as to whether any affected bargaining unit participated in thedevelopment of the waiver and their position regarding the waiver.Provide evidence of a public hearing.Recommendation of the school board.Provide evidence that any appropriate school site council or advisory committee wasgiven the opportunity to review the request and a written summary of any objectionsthey may have.

Waivers will be considered on a case by case basis. Districts seeking waivers from the SSE may beasked to send a representative to the SBE meeting to present the request. All requests for waivermust be submitted to:

California Department of EducationChild Nutrition and Food Distribution Division

School Nutrition Programs UnitP.O. Box 944272

Sacramento, CA 94244-2720

Umits on Net Cash Resources

Net cash resources means all monies that are available to or have accrued to a school food authority'snonprofit school food service at any given time, less accounts payable. Such monies may. include,but are not limited to, cash on hand, cash receivable, earnings on investments, cash on deposit andthe value of stocks, bonds or other negotiable securities.

In the absence of an equipment replacement reserve account, ~chool Food Authorities (SFA) mustlimit their net cash resources to an amount that does not exceed 3 months average expenditures.

Delaine Eastin, Superinteodeot of Public IDstructioo 4

The CNFDD may approve a higher amount if the SFA has ~ plan for the excess. If the net cashresources exceed this limit, the state agency may require the SFA to:

[E Reduce the price children are charged for meals.[E Improve food quality.[E Take other action designed to improve the nonprofit school food service.

In the absence of any such action, federal regulations require the CNFDDto make adjustments in therate of reimbursement under the program [7 CFR Part 210.19(a) (1)).

1994-95 Budget Act Mega-Item

',,""ltem,..6110~230-001,.()f ,this actr'which~provides funding' for 37 categorical programs, includes aprovision allowing school districts and county offices of"education to transfer up to ten percent offunding from one categorical program for the purposes of any other program for which the recipientis eligiblefor funding under this item. Further, the total amount of funding allocated to the recipientthat is expended for the purposes of any program pursuant to this item shall not exceed 115 percentof the amount of state funding allocated to that recipient for that program for the 1994-95 fiscal year.

As a categorical program funded through the mega-item, this budget provision only applies to statechild nutrition reimbursement. This provision does not apply to federal funds. Up to ten percent ofthe state reimbursement received by a school district or county office of education for fiscal year1994-95 may be designated for use in another categorical program. State child nutrition funds maynot be transferred from the cafeteria account for use in another program unless the district hasearmarked these funds for that purpose in advance of depositing the funds into the cafeteria account.

There are no federal restrictions on the use of funds from a la carte sales as long as no federal dollarsare used to purchase a la carte food items and no commodities were used in the preparation of a lacarte items. A separate account must be maintained for revenues from non-federally funded a la cartesales and districts must adhere to the accounting procedures defined in CSAM.

If you have any questions, please contact the School Nutrition Programs Unit, at (916) 445-0850 orleave a message at the toll free number (800) 952-5609.

Duwayne Brooks, DirectorChild Nutrition and Food Distribution Division

Delaine Eastin, Superintendent of Public Instruction 5

- -----

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entofE

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nend

FoodD

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SchoolN

utrfdonProgr

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Delaine

Eastin,

Superintendentor

PublicIm

truction

EX

PEN

DIT

UR

EC

OM

ME

NT

S'

Purchaseof

landor

buildings,orconstruction

ofR

equirespriorapprovaltrom

Foodand

Consum

erServices(FCS)

[7C

FR210.14(a)]

buildings(excluding

foodprocessing

plants)and

theState

Board

ofEducation

(SBE

).E

CSection

39900and

39900.5

Construction

offood

processingplant

Requiresprior

approvaltromFC

S.[7

CFR

210.14(a)]

Repairs

andalterations

tobuildings(excluding

foodA

llowable(FC

Sw

aiver).R

equirespriorSB

Eapproval.

EC

Section399O

O.5(a),

processingplant)

which

materiallyincreasesthe

CSA

M,E

xhibit701-1,pg701-16

valueor

usefullife

Alterations

orim

provementof

acentralfood

Allow

able(FCS

waiverand

EC

Sections39891

and39900)

processingplant

Equipm

ent(including

foodtransportvehicles)used

Allow

able(FCS

waiver)

. ,solely

forfood

servicepurposes

Repairs

andm

aintenanceto

equipment

Allow

able(FC

Sw

aiver),

ServiceSystem

ssuch

asA

irC

onditioners,H

eatingN

otallow

able.7

CFR

210.14(a),C

SAM

,E

xhibit707-1,

pg701-16

Systems,

Ventilation

Systems,

Intercomm

unicationSystem

s,Sanitary

Systems,

Sewer

Systems

Foodand

laundryA

llowable

asa

directcost

Salariesand

benefitsof

foodservice

personnelA

llowable

asa

directcost

includingdirectors,

supervisors,m

anagers,cooks,

helpers,bookkeepers,

andclerks

Salariesof

nonfood

servicepersonnel

servingas

Not

allowable

(expendituresfor

supervisingpupils

duringlunchtim

eare

consideredcafeteria

monitors

tobe

partof

theinstructional

costs).C

SAM

pg401-4


Appendix BCalifornia Department of Education Management Bulletin 00-109

Management Bulletin 00-109

Nutrition Services Division

To: All Sponsors of National School Lunch and School Breakfast Programs, County Superintendents of Schools, Diocesan Superintendents of Schools

Number: 00-109

Attention: Food Services Directors Date: March 2001

Subject: Use of Cafeteria Funds - Update

Reference: Title 7, Code of Federal Regulations (7 CFR), Office of Management and Budget, California Education Code, California School Accounting Manual, Management Bulletin 95-107 June 1995

This Management Bulletin provides clarification on appropriate uses of nonprofit school food service funds. Since the Nutrition Services Division issued Management Bulletin 95-107 in June 1995, we have received a number of questions regarding the proper use of cafeteria funds. To assist nutrition program sponsors in ensuring fiscal integrity, this Management Bulletin summarizes these questions and the United States Department of Agriculture's (USDA) responses.

7 CFR 210.14(a) states: "Revenues received by the nonprofit school food service are to be used only for the operation and improvement of such food service, except that such revenues shall not be used to purchase land or buildings, unless otherwise approved by FNS, or to construct buildings."

Questions and Answers 1. Can school food service funds be used for the construction of

lunch shelters and/or cafeterias? No. USDA has recently denied requests from two school districts to use school food service funds for this purpose. USDA stated that "it is the district's responsibility to provide adequate

facilities for their programs." As a general guideline, using food service revenues to construct buildings is not allowed. The cost of upkeep of grounds, necessary maintenance, normal repairs, and alterations are allowable to the extent that expenditures keep property "in an efficient operating condition and do not add to the permanent value of property or appreciably prolong its intended life." Costs incurred for ordinary and normal rearrangement and alteration of facilities (i.e., making room for a larger freezer or installing additional counter spaces) are allowable.

2. Can school food service funds be used to lease a jukebox? No. School food service funds may only be used to operate the school nutrition programs. "Operate" includes, for example, buying and storing food or preparing and serving meals. Although a jukebox may be located in the cafeteria to provide ambiance, it is not related to the operation of the school nutrition program as interpreted by USDA.

3. It is commonly understood that food service funds cannot be used to paint a cafeteria, but what is the definition of "paint?" Is a mural or other graphics "paint?"

Painting is an allowable expense when it is used for the improvement of the school nutrition program. USDA encourages sponsors to be prudent in using program funds for such improvements.

As interpreted by USDA, using a substantial amount of food service funds for an expensive artist's commission for food service murals or other graphics would not be prudent. However, using food service funds to buy paint and materials for a mural by students to enhance the food service area would be prudent use.

4. It is commonly understood that food service funds cannot be used for air conditioning. Can you clarify whether funds can be used for either the purchase of and/or installation of air conditioning? Can school food service funds be used for portable evaporative or air conditioning units? The answer to both questions is "no." Although the work environment is greatly enhanced by air conditioning, USDA's interpretation is that air conditioning (or any other service system, such as telephone, gas, or electricity) is generally regarded as a district expense.

5. Numerous food service departments are undertaking

massive renovation of cafeterias, such as turning them into food courts. It is commonly understood that food service funds cannot be used to renovate a dining area but may be used to renovate a serving area. If the dining area also houses several serving areas, may school food service funds then be used for this type of renovation? Are waivers required? USDA classifies renovations as either construction or non-construction. Non-construction-type renovations, such as remodeling or changing flooring, are allowable. Construction-type renovations are not allowable. USDA considers construction-type renovations to be anything that changes the dimensions of a structure, for example, moving or changing a wall. Schools wishing to use school food service funds for construction-type renovations may submit a request to the CDE for an exemption to 7 CFR 210.14(a). Refer to Section 11000 of the School Nutrition Programs Guidance Manual for information and procedures to request USDA exemptions.

6. Can school food service funds be used to pay the salaries of staff whose duties are not related to a food services department and who are not completing any duties for a food services department? No. Only the salaries and benefits of staff who work full or part-time in the food service operation may be paid from the funds in the school food service account. Staff who spend a portion of their day performing duties related to food service, such as secretaries processing applications or monitoring children while they eat, may be paid using food service funds for the portion of time spent on these duties.

7. Can school nutrition program employees be provided meals, while on duty, at program expense? Yes. Employees whose duties involve the preparation and service of meals, and personnel involved in supervising these functions, may be provided a meal at program expense. This also includes student workers.

8. May cafeteria funds be used to pay for a menu board? The menu board is a lighted display with a 35-inch monitor, can use a video tape, and has audio for use with a tape or microphone. This is an allowable expense if it is directly related to the service of meals and is located in the kitchen. However, if it is located in the cafeteria and the school district uses it for purposes other than food service, such as displaying sport scores, the district

must share the burden of the cost, operation, and maintenance of the equipment.

9. Can we use cafeteria funds to build a ramp leading to the kitchen? This is not a "yes" or "no" question. It is best to check with a licensed contractor to determine what effect the addition of the ramp will have on the useful life and permanent value of the building. As stated in the answer to Question 1, the cost of alterations are allowable to the extent that they keep property in an efficient operating condition and do not add to the permanent value of property or appreciably prolong its intended life.

10. Is the cost of transporting children to the cafeteria or central kitchen to attend a nutrition education activity an allowable cafeteria expense? No. However, the costs associated with the actual nutrition education activity for students (such as food, utensils, paper products, or staff time) is allowable as long as the activity is not part of a regular nutrition class and the food service department is actively involved in the nutrition education activity.

11. Are legal costs associated with the defense of a lawsuit (or other legal action) brought against us by an outside party (such as a parent or vendor) allowable?

The costs may be allowable. The decision to allow or disallow legal costs depends on whether:

o The sponsor is being sued as a result of its program responsibilities (allowable) or its non-program responsibilities (unallowable).

o The sponsor followed the rules; for example, if the sponsor made disallowances in accordance with the regulations or provided due process (allowable).

o The sponsor is being charged with a violation of federal law (unallowable).

12. Can food service funds pay for gift items such as watches, pen sets, or plaques for food service employees when they retire or celebrate length of service, such as 25 years? Awards of minimal value, such as length of service pins or certificates of appreciation, for food service employees may be purchased from cafeteria funds. Awards given to employees to improve performance are not allowable.

USDA encourages nutrition program sponsors to use prudent judgment

and base their decisions about using food service funds on the guidance provided in applicable program regulations: OMB Circulars A-87, "Cost Principles for State, Local, and Indian Tribal Governments" for public school agencies and A-122, "Cost Principles for Nonprofit Organizations" for private nonprofit agencies.

Program regulations may be requested by calling the Resource and Information Management Unit at (916) 445-0850 or (800) 952-5609. You may also download them from the Internet at the following addresses:

• Code of Federal Regulations: www.access.gpo.gov/nara/cfr/cfr-table-search.html (Outside Source)

• OMB Circulars: www.whitehouse.gov/omb/circulars/ (Outside Source)

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Questions: Chris Kavooras | [email protected] | 916-322-3609


Appendix CCalifornia School Accounting Manual and California Education Code sections allowing an LEA to maintain a reserve for cafeteria equipment within Fund 13.

Education Code Section 38102 The governing board of any school district operating school cafeterias may establish and maintain a cafeteria fund reserve for the purchase, lease, maintenance, or replacement of cafeteria equipment, to be known as the cafeteria equipment reserve. The funds for this reserve are to be derived from the sales of food in the school cafeterias in an amount to be determined by the governing board and may be accumulated from year to year until expended for this purpose. Funds in the cafeteria equipment reserve shall only be used for the purchase, lease, maintenance, or replacement of cafeteria equipment. Nothing in this section shall prohibit any school district from replacing cafeteria equipment from district funds as provided in Section 38100. California School Accounting Manual reference for establishing a reserve Cafeteria Special Revenue Fund This fund is used to account separately for federal, state, and local resources to operate

the food service program (Education Code sections 38090–38093).

The principal revenues in this fund are:

Child Nutrition Programs (Federal) Child Nutrition Programs (State) Food Service Sales Interest All Other Local Revenue

The Cafeteria Special Revenue Fund (Fund 13) shall be used only for those expenditures authorized by the governing board as necessary for the operation of the LEA's food service program (Education Code sections 38091 and 38100). The governing board of an LEA may establish and maintain within Fund 13, Cafeteria Special Revenue Fund, a reserve for cafeteria equipment (Education Code Section 38102).


Appendix D California Department of Education Nutrition Standards

California Department of Education Summary of Food and Beverage Restrictions in California (Management Bulletin 06-110)

California School Nutrition Association Summary of Requirements for Food and Beverages Sold in California Schools

California Department of Education Education and Training Unit Nutrition Services Division January 2001

NUTRITION STANDARDS Averaged over the School Week

For all of the School Meals Initiative Menu Planning Approaches (except the Traditional Menu Planning Approach)

SCHOOL LUNCH PROGRAM

Minimum Requirements for Nutrient and Calorie Levels Category Minimum Requirements Optional

Nutrients and Energy Allowances Preschool Grades K-6 Grades 7-12 Grades K-3

Energy Allowance (Calories) 517 664 825 633

Total Fat (as a percentage of total calories)

* * * *

Saturated Fat (as a percentage of total calories)

** ** ** **

Protein (g) 7 10 16 9 Calcium (mg) 267 286 400 267 Iron (mg) 3.3 3.5 4.5 3.3 Vitamin A (RE) 150 224 300 200 Vitamin C (mg) 14 15 18 15

SCHOOL BREAKFAST PROGRAM Minimum Requirements for Nutrient and Calorie Levels

Category Minimum Requirements Optional Nutrients and Energy Allowances Preschool Grades K -12 Grades 7-12

Energy Allowance (Calories) 388 554 618

Total Fat (as a percentage of total calories)

* * *

Saturated Fat (as a percentage of total calories)

** ** **

Protein (g) 5 10 12 Calcium (mg) 200 257 300 Iron (mg) 2.5 3.0 3.4 Vitamin A (RE) 113 197 225 Vitamin C (mg) 11 13 14

* Not to exceed 30 percent over a school week. ** Less than 10 percent over a school week.

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ENTA

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egar

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s of

the

time

of d

ay, t

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nly

beve

rage

s so

ld to

pup

ils b

y an

y en

tity

are

fruit/

vege

tabl

e-ba

sed

drin

ks o

f no

less

than

50

perc

ent f

ruit/

vege

tabl

e ju

ice

and

no a

dded

sw

eete

ners

; wat

er w

ith n

o ad

ded

swee

tene

rs; a

nd m

ilk

(two-

perc

ent,

one-

perc

ent,

nonf

at, s

oy/ri

ce m

ilk, a

nd o

ther

non

dairy

milk

). (S

B 9

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Non

com

plia

nt b

ever

ages

may

be

sold

for f

undr

aisi

ng e

vent

s if

the

item

s ar

e so

ld b

y pu

pils

and

the

sale

eith

er ta

kes

plac

e of

f of a

nd a

way

from

sch

ool

prem

ises

or t

he s

ale

take

s pl

ace

at le

ast o

ne-h

alf h

our a

fter t

he e

nd o

f the

sc

hool

day

. (S

B 9

65)

Fifty

per

cent

of a

ll fo

od it

ems

offe

red

by a

ny o

rgan

izat

ion

mus

t be

sele

cted

fro

m th

e lis

t of n

utrit

ious

food

s. (M

B 0

0-81

0 –

EC

380

85)

Dur

ing

the

scho

ol d

ay, s

tude

nt o

rgan

izat

ions

may

sel

l onl

y on

e fo

od it

em o

n ca

mpu

s up

on g

over

ning

boa

rd a

ppro

val.

The

sale

mus

t be

afte

r the

noo

n m

eal,

and

the

food

can

not b

e pr

epar

ed o

n ca

mpu

s. T

hey

may

onl

y ha

ve fo

ur

sale

s pe

r sch

ool p

er y

ear,

and

the

food

item

is n

ot s

old

in th

e fo

od s

ervi

ce

prog

ram

that

day

at t

hat s

choo

l. (M

B 0

0-81

0 –

CC

R T

itle

5, S

ectio

n 15

500)

S

ervi

ng F

MN

V (i

nclu

ding

mos

t car

bona

ted

beve

rage

s) is

pro

hibi

ted

durin

g a

mea

l ser

vice

per

iod

in a

n ar

ea w

here

reim

burs

able

mea

ls a

re s

erve

d an

d/or

ea

ten.

(MB

05-

110

– U

SD

A A

PB

: SP

-01-

04)

New

food

requ

irem

ents

und

er S

B 1

2 ar

e en

cour

aged

but

not

requ

ired.

(C

ompl

ianc

e w

ith S

B 1

2 fo

od re

quire

men

ts m

ust o

ccur

by

July

1, 2

007.

)

Dur

ing

the

mor

ning

mea

l tim

e:

• O

nly

com

plia

nt b

ever

ages

may

be

sold

on

cam

pus

• Fi

fty p

erce

nt o

f all

food

s m

ust b

e nu

tritio

us

• S

tude

nt o

rgan

izat

ions

can

not s

ell f

ood

or b

ever

ages

•

FMN

V p

rohi

bite

d w

here

reim

burs

able

mea

ls a

re

serv

ed a

nd/o

r eat

en

B

egin

ning

of s

choo

l day

to lu

nch

mea

l tim

e:

• O

nly

com

plia

nt b

ever

ages

may

be

sold

on

cam

pus

• Fi

fty p

erce

nt o

f all

food

s m

ust b

e nu

tritio

us

• S

tude

nt o

rgan

izat

ions

can

not s

ell f

ood

or b

ever

ages

Dur

ing

lunc

h m

eal t

ime:

•

Onl

y co

mpl

iant

bev

erag

es m

ay b

e so

ld o

n ca

mpu

s •

Fifty

per

cent

of a

ll fo

ods

mus

t be

nutri

tious

•

Stu

dent

org

aniz

atio

ns c

anno

t sel

l foo

d or

bev

erag

es

• FM

NV

pro

hibi

ted

whe

re re

imbu

rsab

le m

eals

are

se

rved

and

/or e

aten

End

of l

unch

mea

l tim

e to

end

of s

choo

l day

: •

Onl

y co

mpl

iant

bev

erag

es m

ay b

e so

ld o

n ca

mpu

s •

Fifty

per

cent

of a

ll fo

ods

mus

t be

nutri

tious

•

Stu

dent

org

aniz

atio

ns m

ay s

ell f

ood

or b

ever

ages

co

nsis

tent

with

SB

965

and

Titl

e 5

A

fter s

choo

l: •

Pup

ils m

ay s

ell n

onco

mpl

iant

bev

erag

es fo

r fu

ndra

isin

g on

e-ha

lf ho

ur a

fter s

choo

l •

Any

org

aniz

atio

n m

ay s

ell a

ny fo

od p

rodu

ct

CA

LIFO

RN

IA D

EP

AR

TME

NT

OF

ED

UC

ATI

ON

N

utrit

ion

Ser

vice

s D

ivis

ion

Sch

ool a

nd D

istri

ct O

pera

tions

Bra

nch

Aug

ust 2

006

Man

agem

ent B

ulle

tin 0

6-11

0 A

ttach

men

t I

Sum

mar

y of

Foo

d an

d B

ever

age

Res

trict

ions

in C

alifo

rnia

*

Food

and

bev

erag

e st

anda

rds

incl

ude

all f

oods

and

bev

erag

es s

old

to p

upils

out

side

of t

he re

imbu

rsab

le m

eal p

rogr

am. T

able

s ar

e m

eant

to

prov

ide

an o

verv

iew

. Sch

ool d

istri

cts

shou

ld re

view

act

ual l

aws,

regu

latio

ns, a

nd p

olic

ies

to e

nsur

e co

mpl

ianc

e.

Ref

eren

ces:

C

alifo

rnia

Edu

catio

n C

ode

sect

ions

380

85, 4

8931

, 494

31 (S

B 1

2), 4

9431

.2 (S

B 1

2), 4

9431

.5 (S

B 9

65)

Cal

iforn

ia C

ode

of R

egul

atio

ns: T

itle

5, D

ivis

ion

1, C

hapt

er 1

5, A

rticl

e 1,

Sec

tions

155

00 a

nd 1

5501

C

ode

of F

eder

al R

egul

atio

ns: T

itle

7, P

art 2

10.1

1

2

AS

OF

JULY

1, 2

007

ELEM

ENTA

RY

SCH

OO

LS*

DU

RIN

G T

HE

SCH

OO

L D

AY*

R

egar

dles

s of

the

time

of d

ay, t

he o

nly

beve

rage

s so

ld to

pup

ils b

y an

y en

tity

are

fruit/

vege

tabl

e-ba

sed

drin

ks o

f no

less

than

50

perc

ent f

ruit/

vege

tabl

e ju

ice

and

no a

dded

sw

eete

ners

; wat

er w

ith n

o ad

ded

swee

tene

rs; a

nd m

ilk

(two-

perc

ent,

one-

perc

ent,

nonf

at, s

oy/ri

ce m

ilk, a

nd o

ther

non

dairy

milk

). (S

B

965)

N

onco

mpl

iant

bev

erag

es m

ay b

e so

ld fo

r fun

drai

sing

eve

nts

if th

e ite

ms

are

sold

by

pupi

ls a

nd th

e sa

le e

ither

take

s pl

ace

off o

f and

aw

ay fr

om s

choo

l pr

emis

es o

r the

sal

e ta

kes

plac

e at

leas

t one

-hal

f hou

r afte

r the

end

of t

he

scho

ol d

ay. (

SB

965

) Th

e on

ly fo

od s

old

to a

pup

il du

ring

the

scho

ol d

ay a

re fu

ll m

eals

, ind

ivid

ually

so

ld p

ortio

ns o

f nut

s, n

ut b

utte

rs, s

eeds

, egg

s, c

hees

e pa

ckag

ed fo

r in

divi

dual

sal

e, fr

uit,

vege

tabl

es th

at h

ave

not b

een

deep

frie

d, a

nd le

gum

es.

A d

airy

or w

hole

gra

in fo

od th

at c

onta

ins

not m

ore

than

35

perc

ent c

alor

ies

from

fat a

nd n

ot m

ore

than

10

perc

ent c

alor

ies

from

sat

urat

ed fa

t and

not

m

ore

than

35

perc

ent s

ugar

by

wei

ght a

nd n

ot m

ore

than

175

cal

orie

s pe

r fo

od it

em m

ay b

e so

ld. (

SB

12)

. D

urin

g th

e sc

hool

day

, stu

dent

org

aniz

atio

ns m

ay s

ell o

nly

one

food

item

on

cam

pus

upon

gov

erni

ng b

oard

app

rova

l. Th

e sa

le m

ust b

e af

ter t

he n

oon

mea

l, an

d th

e fo

od c

anno

t be

prep

ared

on

cam

pus.

The

y m

ay o

nly

have

four

sa

les

per s

choo

l per

yea

r, an

d th

e fo

od it

em is

not

sol

d in

the

food

ser

vice

pr

ogra

m th

at d

ay a

t tha

t sch

ool.

(MB

00-

810

– C

CR

Titl

e 5,

Sec

tion

1550

0)

Ser

ving

FM

NV

(inc

ludi

ng m

ost c

arbo

nate

d be

vera

ges)

is p

rohi

bite

d du

ring

a m

eal s

ervi

ce p

erio

d in

an

area

whe

re re

imbu

rsab

le m

eals

are

ser

ved

and/

or

eate

n. (M

B 0

5-11

0 –

US

DA

AP

B: S

P 0

1-04

) N

ew fo

od re

quire

men

ts re

plac

e th

e re

quire

men

t tha

t 50

perc

ent o

f all

food

ite

ms

offe

red

by a

ny o

rgan

izat

ion

mus

t be

sele

cted

from

the

list o

f nut

ritio

us

food

s. C

onse

quen

tly, E

C 3

8085

is n

o lo

nger

val

id.

Dur

ing

the

mor

ning

mea

l tim

e:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s •

Stu

dent

org

aniz

atio

ns c

anno

t sel

l foo

d or

bev

erag

es

• FM

NV

pro

hibi

ted

whe

re re

imbu

rsab

le m

eals

are

se

rved

and

/or e

aten

Beg

inni

ng o

f sch

ool d

ay to

lunc

h m

eal t

ime:

•

Onl

y co

mpl

iant

food

s an

d be

vera

ges

may

be

sold

on

cam

pus

• S

tude

nt o

rgan

izat

ions

can

not s

ell f

ood

or b

ever

ages

Dur

ing

lunc

h m

eal t

ime:

•

Onl

y co

mpl

iant

food

s an

d be

vera

ges

may

be

sold

on

cam

pus

• S

tude

nt o

rgan

izat

ions

can

not s

ell f

ood

or b

ever

ages

•

FMN

V p

rohi

bite

d w

here

reim

burs

able

mea

ls a

re

serv

ed a

nd/o

r eat

en

E

nd o

f lun

ch m

eal t

ime

to e

nd o

f sch

ool d

ay:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s •

Stu

dent

org

aniz

atio

ns m

ay s

ell f

ood

or b

ever

ages

co

nsis

tent

with

SB

12/

965

and

Title

5

A

fter s

choo

l: •

Pup

ils m

ay s

ell n

onco

mpl

iant

food

or b

ever

ages

for

fund

rais

ing

eith

er o

ff th

e sc

hool

cam

pus,

or o

n ca

mpu

s at

leas

t one

-hal

f hou

r afte

r sch

ool

CA

LIFO

RN

IA D

EP

AR

TME

NT

OF

ED

UC

ATI

ON

N

utrit

ion

Ser

vice

s D

ivis

ion

Sch

ool a

nd D

istri

ct O

pera

tions

Bra

nch

Aug

ust 2

006

Man

agem

ent B

ulle

tin 0

6-11

0 A

ttach

men

t I

Sum

mar

y of

Foo

d an

d B

ever

age

Res

trict

ions

in C

alifo

rnia

*

Food

and

bev

erag

e st

anda

rds

incl

ude

all f

oods

and

bev

erag

es s

old

to p

upils

out

side

of t

he re

imbu

rsab

le m

eal p

rogr

am. T

able

s ar

e m

eant

to

prov

ide

an o

verv

iew

. Sch

ool d

istri

cts

shou

ld re

view

act

ual l

aws,

regu

latio

ns, a

nd p

olic

ies

to e

nsur

e co

mpl

ianc

e.

Ref

eren

ces:

C

alifo

rnia

Edu

catio

n C

ode

sect

ions

380

85, 4

8931

, 494

31 (S

B 1

2), 4

9431

.2 (S

B 1

2), 4

9431

.5 (S

B 9

65)

Cal

iforn

ia C

ode

of R

egul

atio

ns: T

itle

5, D

ivis

ion

1, C

hapt

er 1

5, A

rticl

e 1,

Sec

tions

155

00 a

nd 1

5501

C

ode

of F

eder

al R

egul

atio

ns: T

itle

7, P

art 2

10.1

1

3

JAN

UA

RY

1, 2

006

– JU

NE

30, 2

007

MID

DLE

/JU

NIO

R H

IGH

SC

HO

OLS

* D

UR

ING

TH

E SC

HO

OL

DA

Y*

From

one

-hal

f hou

r bef

ore

to o

ne-h

alf h

our a

fter t

he e

nd o

f the

sc

hool

day

, the

onl

y be

vera

ges

sold

to p

upils

by

any

entit

y ar

e:

fruit/

vege

tabl

e-ba

sed

drin

ks o

f no

less

than

50

perc

ent

fruit/

vege

tabl

e ju

ice

and

no a

dded

sw

eete

ners

; wat

er w

ith n

o ad

ded

swee

tene

rs; m

ilk (t

wo-

per

cent

, one

-per

cent

, non

fat m

ilk, s

oy/ri

ce

milk

, and

oth

er n

onda

iry m

ilk);

or e

lect

roly

te re

plac

emen

t bev

erag

es

cont

aini

ng n

o m

ore

than

42

gram

s of

sug

ar p

er 2

0-ou

nce

serv

ing.

(S

B 9

65)

Non

com

plia

nt b

ever

ages

may

be

sold

up

to o

ne-h

alf b

efor

e sc

hool

an

d fo

llow

ing

one-

half

hour

afte

r sch

ool.

(SB

965

) Fi

fty p

erce

nt o

f all

food

item

s of

fere

d by

any

org

aniz

atio

n m

ust b

e se

lect

ed fr

om th

e lis

t of n

utrit

ious

food

s. (M

B 0

0-81

0 –

EC

380

85)

Dur

ing

the

scho

ol d

ay, o

nly

one

stud

ent o

rgan

izat

ion

may

sel

l up

to

thre

e fo

od o

r bev

erag

e ite

ms

per d

ay u

pon

appr

oval

of t

he

gove

rnin

g bo

ard.

Suc

h fo

ods

and

beve

rage

s ca

nnot

be

prep

ared

on

cam

pus

and

cann

ot b

e th

e sa

me

as it

ems

sold

in th

e fo

od s

ervi

ce

prog

ram

that

day

at t

hat s

choo

l. O

n no

mor

e th

an fo

ur d

ays

durin

g th

e ye

ar, a

ny n

umbe

r of s

tude

nt o

rgan

izat

ions

may

sel

l foo

d an

d be

vera

ges.

(MB

00-

810

– C

CR

Titl

e 5,

Sec

tion

1550

1)

Ser

ving

FM

NV

(inc

ludi

ng m

ost c

arbo

nate

d be

vera

ges)

is p

rohi

bite

d du

ring

a m

eal s

ervi

ce p

erio

d in

an

area

whe

re re

imbu

rsab

le m

eals

ar

e se

rved

and

/or e

aten

. (M

B 0

5-11

0 –

US

DA

AP

B: S

P 0

1-04

) N

ew fo

od re

quire

men

ts u

nder

SB

12

are

enco

urag

ed b

ut n

ot

requ

ired.

(Com

plia

nce

with

SB

12

food

requ

irem

ents

mus

t occ

ur b

y Ju

ly 1

, 200

7.)

Dur

ing

the

mor

ning

mea

l tim

e:

• O

nly

com

plia

nt b

ever

ages

may

be

sold

on

cam

pus

begi

nnin

g on

e-ha

lf ho

ur b

efor

e sc

hool

•

Fifty

per

cent

of a

ll fo

ods

mus

t be

nutri

tious

•

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

bev

erag

es

cons

iste

nt w

ith S

B 9

65 a

nd T

itle

5 •

FMN

V p

rohi

bite

d w

here

reim

burs

able

mea

ls a

re s

erve

d an

d/or

ea

ten

B

egin

ning

of s

choo

l day

to lu

nch

mea

l tim

e:

• O

nly

com

plia

nt b

ever

ages

may

be

sold

on

cam

pus

• Fi

fty p

erce

nt o

f all

food

s m

ust b

e nu

tritio

us

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or b

ever

ages

co

nsis

tent

with

SB

965

and

Titl

e 5

D

urin

g lu

nch

mea

l tim

e:

• O

nly

com

plia

nt b

ever

ages

may

be

sold

on

cam

pus

• Fi

fty p

erce

nt o

f all

food

s m

ust b

e nu

tritio

us

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or b

ever

ages

co

nsis

tent

with

SB

965

and

Titl

e 5

• FM

NV

pro

hibi

ted

whe

re re

imbu

rsab

le m

eals

are

ser

ved

and/

or

eate

n

End

of l

unch

mea

l tim

e to

end

of s

choo

l day

: •

Onl

y co

mpl

iant

bev

erag

es m

ay b

e so

ld o

n ca

mpu

s •

Fifty

per

cent

of a

ll fo

ods

mus

t be

nutri

tious

•

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

bev

erag

es

cons

iste

nt w

ith S

B 9

65 a

nd T

itle

5

Afte

r sch

ool:

• A

ny o

rgan

izat

ion

may

sel

l any

bev

erag

e on

e-ha

lf ho

ur a

fter s

choo

l •

Any

org

aniz

atio

n m

ay s

ell a

ny fo

od p

rodu

ct

CA

LIFO

RN

IA D

EP

AR

TME

NT

OF

ED

UC

ATI

ON

N

utrit

ion

Ser

vice

s D

ivis

ion

Sch

ool a

nd D

istri

ct O

pera

tions

Bra

nch

Aug

ust 2

006

Man

agem

ent B

ulle

tin 0

6-11

0 A

ttach

men

t I

Sum

mar

y of

Foo

d an

d B

ever

age

Res

trict

ions

in C

alifo

rnia

*

Food

and

bev

erag

e st

anda

rds

incl

ude

all f

oods

and

bev

erag

es s

old

to p

upils

out

side

of t

he re

imbu

rsab

le m

eal p

rogr

am. T

able

s ar

e m

eant

to

prov

ide

an o

verv

iew

. Sch

ool d

istri

cts

shou

ld re

view

act

ual l

aws,

regu

latio

ns, a

nd p

olic

ies

to e

nsur

e co

mpl

ianc

e.

Ref

eren

ces:

C

alifo

rnia

Edu

catio

n C

ode

sect

ions

380

85, 4

8931

, 494

31 (S

B 1

2), 4

9431

.2 (S

B 1

2), 4

9431

.5 (S

B 9

65)

Cal

iforn

ia C

ode

of R

egul

atio

ns: T

itle

5, D

ivis

ion

1, C

hapt

er 1

5, A

rticl

e 1,

Sec

tions

155

00 a

nd 1

5501

C

ode

of F

eder

al R

egul

atio

ns: T

itle

7, P

art 2

10.1

1

4

AS

OF

JULY

1, 2

007

MID

DLE

/JU

NIO

R H

IGH

SC

HO

OLS

* D

UR

ING

TH

E SC

HO

OL

DA

Y*

From

one

-hal

f hou

r bef

ore

to o

ne-h

alf h

our a

fter t

he e

nd o

f the

sch

ool d

ay, t

he

only

bev

erag

es s

old

to p

upils

by

any

entit

y ar

e: fr

uit/v

eget

able

-bas

ed d

rinks

of n

o le

ss th

an 5

0 pe

rcen

t fru

it/ve

geta

ble

juic

e an

d no

add

ed s

wee

tene

rs; w

ater

with

no

adde

d sw

eete

ners

; milk

(tw

o-pe

rcen

t, on

e-pe

rcen

t, no

nfat

milk

, soy

/rice

milk

, and

ot

her n

onda

iry m

ilk);

or e

lect

roly

te re

plac

emen

t bev

erag

es c

onta

inin

g no

mor

e th

an 4

2 gr

ams

of s

ugar

per

20-

ounc

e se

rvin

g. (S

B 9

65)

Non

com

plia

nt b

ever

ages

may

be

sold

up

to o

ne-h

alf b

efor

e sc

hool

and

follo

win

g on

e-ha

lf ho

ur a

fter s

choo

l. (S

B 9

65)

Sna

cks

sold

to p

upils

mus

t con

tain

s no

t mor

e th

an 3

5 pe

rcen

t cal

orie

s fro

m fa

t (n

uts,

nut

but

ters

, see

ds e

ggs,

che

ese

pack

aged

for i

ndiv

idua

l sal

e, fr

uits

, ve

geta

bles

that

hav

e no

t bee

n de

ep fr

ied,

and

legu

mes

are

exe

mpt

) and

not

mor

e th

an 1

0 pe

rcen

t cal

orie

s fro

m s

atur

ated

fat (

eggs

, che

ese

pack

aged

for i

ndiv

idua

l sa

le a

re e

xem

pt) a

nd n

ot m

ore

than

35

perc

ent s

ugar

by

wei

ght (

fruits

, and

ve

geta

bles

that

hav

e no

t bee

n de

ep fr

ied

are

exem

pt) a

nd n

ot m

ore

than

250

ca

lorie

s pe

r foo

d ite

m. E

ntré

e ite

ms

sold

to p

upils

mus

t con

tain

not

mor

e th

an 4

00

calo

ries

per e

ntré

e an

d no

t mor

e th

an 4

gra

ms

of fa

t per

100

cal

orie

s. (S

B 1

2)

Dur

ing

the

scho

ol d

ay, o

nly

one

stud

ent o

rgan

izat

ion

may

sel

l up

to th

ree

food

or

beve

rage

item

s pe

r day

upo

n ap

prov

al o

f the

gov

erni

ng b

oard

. Suc

h fo

ods

and

beve

rage

s ca

nnot

be

prep

ared

on

cam

pus

and

cann

ot b

e th

e sa

me

as it

ems

sold

in

the

food

ser

vice

pro

gram

that

day

at t

hat s

choo

l. O

n no

mor

e th

an fo

ur d

ays

durin

g th

e ye

ar, a

ny n

umbe

r of s

tude

nt o

rgan

izat

ions

may

sel

l foo

d an

d be

vera

ges.

(MB

00-

810

– C

CR

Titl

e 5,

Sec

tion

1550

1)

Ser

ving

FM

NV

(inc

ludi

ng m

ost c

arbo

nate

d be

vera

ges)

is p

rohi

bite

d du

ring

a m

eal

serv

ice

perio

d in

an

area

whe

re re

imbu

rsab

le m

eals

are

ser

ved

and/

or e

aten

. (M

B 0

5-11

0 –

US

DA

AP

B: S

P 0

1-04

) N

ew fo

od re

quire

men

ts re

plac

e th

e re

quire

men

t tha

t 50

perc

ent o

f all

food

item

s of

fere

d by

any

org

aniz

atio

n m

ust b

e se

lect

ed fr

om th

e lis

t of n

utrit

ious

food

s.

Con

sequ

ently

, EC

380

85 is

no

long

er v

alid

.

Dur

ing

the

mor

ning

mea

l tim

e:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s be

ginn

ing

one-

half

hour

bef

ore

scho

ol

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or

beve

rage

s co

nsis

tent

with

SB

12/

965

and

Title

5

• FM

NV

pro

hibi

ted

whe

re re

imbu

rsab

le m

eals

are

ser

ved

and/

or e

aten

Beg

inni

ng o

f sch

ool d

ay to

lunc

h m

eal t

ime:

•

Onl

y co

mpl

iant

food

s an

d be

vera

ges

may

be

sold

on

cam

pus

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or

beve

rage

s co

nsis

tent

with

SB

12/

965

and

Title

5

D

urin

g lu

nch

mea

l tim

e:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s •

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

be

vera

ges

cons

iste

nt w

ith S

B 1

2/96

5 an

d Ti

tle 5

•

FMN

V p

rohi

bite

d w

here

reim

burs

able

mea

ls a

re s

erve

d an

d/or

eat

en

E

nd o

f lun

ch m

eal t

ime

to e

nd o

f sch

ool d

ay:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s •

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

be

vera

ges

cons

iste

nt w

ith S

B 1

2/96

5 an

d Ti

tle 5

Afte

r sch

ool:

• A

ny o

rgan

izat

ion

may

sel

l any

food

or b

ever

age

one-

half

hour

afte

r sch

ool

• A

t a s

choo

l-spo

nsor

ed e

vent

, any

org

aniz

atio

n m

ay s

ell

any

food

CA

LIFO

RN

IA D

EP

AR

TME

NT

OF

ED

UC

ATI

ON

N

utrit

ion

Ser

vice

s D

ivis

ion

Sch

ool a

nd D

istri

ct O

pera

tions

Bra

nch

Aug

ust 2

006

Man

agem

ent B

ulle

tin 0

6-11

0 A

ttach

men

t I

Sum

mar

y of

Foo

d an

d B

ever

age

Res

trict

ions

in C

alifo

rnia

*

Food

and

bev

erag

e st

anda

rds

incl

ude

all f

oods

and

bev

erag

es s

old

to p

upils

out

side

of t

he re

imbu

rsab

le m

eal p

rogr

am. T

able

s ar

e m

eant

to

prov

ide

an o

verv

iew

. Sch

ool d

istri

cts

shou

ld re

view

act

ual l

aws,

regu

latio

ns, a

nd p

olic

ies

to e

nsur

e co

mpl

ianc

e.

Ref

eren

ces:

C

alifo

rnia

Edu

catio

n C

ode

sect

ions

380

85, 4

8931

, 494

31 (S

B 1

2), 4

9431

.2 (S

B 1

2), 4

9431

.5 (S

B 9

65)

Cal

iforn

ia C

ode

of R

egul

atio

ns: T

itle

5, D

ivis

ion

1, C

hapt

er 1

5, A

rticl

e 1,

Sec

tions

155

00 a

nd 1

5501

C

ode

of F

eder

al R

egul

atio

ns: T

itle

7, P

art 2

10.1

1

5

JAN

UA

RY

1, 2

006

– JU

NE

30, 2

007

HIG

H S

CH

OO

LS*

DU

RIN

G T

HE

SCH

OO

L D

AY*

Fi

fty p

erce

nt o

f all

food

item

s of

fere

d by

any

org

aniz

atio

n m

ust

be s

elec

ted

from

the

list o

f nut

ritio

us fo

ods.

(M

B 0

0-81

0 –

EC

380

85)

Dur

ing

the

scho

ol d

ay, o

nly

one

stud

ent o

rgan

izat

ion

may

sel

l up

to th

ree

food

or b

ever

age

item

s pe

r day

upo

n ap

prov

al o

f th

e go

vern

ing

boar

d. S

uch

food

s an

d be

vera

ges

cann

ot b

e pr

epar

ed o

n ca

mpu

s an

d ca

nnot

be

the

sam

e as

item

s so

ld in

th

e fo

od s

ervi

ce p

rogr

am th

at d

ay a

t tha

t sch

ool.

On

no m

ore

than

four

day

s du

ring

the

year

, any

num

ber o

f stu

dent

or

gani

zatio

ns m

ay s

ell f

ood

and

beve

rage

s.

(MB

00-

810

– C

CR

Titl

e 5,

Sec

tion

1550

1)

Ser

ving

FM

NV

(inc

ludi

ng m

ost c

arbo

nate

d be

vera

ges)

is

proh

ibite

d du

ring

a m

eal s

ervi

ce p

erio

d in

an

area

whe

re

reim

burs

able

mea

ls a

re s

erve

d an

d/or

eat

en.

(MB

05-

110

– U

SD

A A

PB

: SP

01-

04)

New

food

requ

irem

ents

und

er S

B 1

2 an

d be

vera

ge

requ

irem

ents

und

er S

B 9

65 a

re e

ncou

rage

d bu

t not

requ

ired.

(C

ompl

ianc

e w

ith S

B 1

2 m

ust o

ccur

by

July

1, 2

007;

and

co

mpl

ianc

e w

ith S

B 9

65 b

ever

age

requ

irem

ents

mus

t occ

ur

betw

een

July

1, 2

007

and

July

1, 2

009)

Dur

ing

the

mor

ning

mea

l tim

e:

• Fi

fty p

erce

nt o

f all

food

s m

ust b

e nu

tritio

us

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or b

ever

ages

co

nsis

tent

with

Titl

e 5

• FM

NV

pro

hibi

ted

whe

re re

imbu

rsab

le m

eals

are

ser

ved

and/

or e

aten

Beg

inni

ng o

f sch

ool d

ay to

lunc

h m

eal t

ime:

•

Fifty

per

cent

of a

ll fo

ods

mus

t be

nutri

tious

•

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

bev

erag

es

cons

iste

nt w

ith T

itle

5

Dur

ing

lunc

h m

eal t

ime:

•

Fifty

per

cent

of a

ll fo

ods

mus

t be

nutri

tious

•

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

bev

erag

es

cons

iste

nt w

ith T

itle

5 •

FMN

V p

rohi

bite

d w

here

reim

burs

able

mea

ls a

re s

erve

d an

d/or

eat

en

E

nd o

f lun

ch m

eal t

ime

to e

nd o

f sch

ool d

ay:

• Fi

fty p

erce

nt o

f all

food

s m

ust b

e nu

tritio

us

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or b

ever

ages

co

nsis

tent

with

Titl

e 5

A

fter s

choo

l •

Any

org

aniz

atio

n m

ay s

ell a

ny fo

od o

r bev

erag

e

CA

LIFO

RN

IA D

EP

AR

TME

NT

OF

ED

UC

ATI

ON

N

utrit

ion

Ser

vice

s D

ivis

ion

Sch

ool a

nd D

istri

ct O

pera

tions

Bra

nch

Aug

ust 2

006

Man

agem

ent B

ulle

tin 0

6-11

0 A

ttach

men

t I

Sum

mar

y of

Foo

d an

d B

ever

age

Res

trict

ions

in C

alifo

rnia

*

Food

and

bev

erag

e st

anda

rds

incl

ude

all f

oods

and

bev

erag

es s

old

to p

upils

out

side

of t

he re

imbu

rsab

le m

eal p

rogr

am. T

able

s ar

e m

eant

to

prov

ide

an o

verv

iew

. Sch

ool d

istri

cts

shou

ld re

view

act

ual l

aws,

regu

latio

ns, a

nd p

olic

ies

to e

nsur

e co

mpl

ianc

e.

Ref

eren

ces:

C

alifo

rnia

Edu

catio

n C

ode

sect

ions

380

85, 4

8931

, 494

31 (S

B 1

2), 4

9431

.2 (S

B 1

2), 4

9431

.5 (S

B 9

65)

Cal

iforn

ia C

ode

of R

egul

atio

ns: T

itle

5, D

ivis

ion

1, C

hapt

er 1

5, A

rticl

e 1,

Sec

tions

155

00 a

nd 1

5501

C

ode

of F

eder

al R

egul

atio

ns: T

itle

7, P

art 2

10.1

1

6

JULY

1, 2

007

– JU

NE

30, 2

009

HIG

H S

CH

OO

LS*

DU

RIN

G T

HE

SCH

OO

L D

AY*

Fr

om o

ne-h

alf h

our b

efor

e to

one

-hal

f hou

r afte

r the

end

of t

he s

choo

l day

, 50

perc

ent o

f bev

erag

es s

old

to p

upils

by

any

entit

y m

ust b

e fru

it/ve

geta

ble-

base

d dr

inks

of n

o le

ss th

an 5

0 pe

rcen

t fru

it/ve

geta

ble

juic

e an

d no

add

ed s

wee

tene

rs;

wat

er w

ith n

o ad

ded

swee

tene

rs; m

ilk (t

wo-

perc

ent,

one-

perc

ent,

nonf

at m

ilk,

soy/

rice

milk

, and

oth

er n

onda

iry m

ilk);

or e

lect

roly

te re

plac

emen

t bev

erag

es

cont

aini

ng n

o m

ore

than

42

gram

s of

sug

ar p

er 2

0-ou

nce

serv

ing.

(SB

965

) N

onco

mpl

iant

bev

erag

es m

ay b

e so

ld u

p to

one

-hal

f bef

ore

scho

ol a

nd fo

llow

ing

one-

half

hour

afte

r sch

ool.

(SB

965

) S

nack

s so

ld to

pup

ils m

ust c

onta

in n

ot m

ore

than

35

perc

ent c

alor

ies

from

fat

(nut

s, n

ut b

utte

rs, s

eeds

egg

s, c

hees

e pa

ckag

ed fo

r ind

ivid

ual s

ale,

frui

ts,

vege

tabl

es th

at h

ave

not b

een

deep

frie

d, a

nd le

gum

es a

re e

xem

pt) a

nd n

ot m

ore

than

10

perc

ent c

alor

ies

from

sat

urat

ed fa

t (eg

gs, c

hees

e pa

ckag

ed fo

r ind

ivid

ual

sale

are

exe

mpt

) and

not

mor

e th

an 3

5 pe

rcen

t sug

ar b

y w

eigh

t (fru

its, a

nd

vege

tabl

es th

at h

ave

not b

een

deep

frie

d ar

e ex

empt

) and

not

mor

e th

an 2

50

calo

ries

per f

ood

item

. Ent

rée

item

s so

ld to

pup

ils m

ust c

onta

in n

ot m

ore

than

400

ca

lorie

s pe

r ent

rée

and

not m

ore

than

4 g

ram

s of

fat p

er 1

00 c

alor

ies.

(SB

12)

D

urin

g th

e sc

hool

day

, onl

y on

e st

uden

t org

aniz

atio

n m

ay s

ell u

p to

thre

e fo

od o

r be

vera

ge it

ems

per d

ay u

pon

appr

oval

of t

he g

over

ning

boa

rd. S

uch

food

s an

d be

vera

ges

cann

ot b

e pr

epar

ed o

n ca

mpu

s an

d ca

nnot

be

the

sam

e as

item

s so

ld

in th

e fo

od s

ervi

ce p

rogr

am th

at d

ay a

t tha

t sch

ool.

On

no m

ore

than

four

day

s du

ring

the

year

, any

num

ber o

f stu

dent

org

aniz

atio

ns m

ay s

ell f

ood

and

beve

rage

s. (M

B 0

0-81

0 –

CC

R T

itle

5, S

ectio

n 15

501)

S

ervi

ng F

MN

V (i

nclu

ding

mos

t car

bona

ted

beve

rage

s) is

pro

hibi

ted

durin

g a

mea

l se

rvic

e pe

riod

in a

n ar

ea w

here

reim

burs

able

mea

ls a

re s

erve

d an

d/or

eat

en.

(MB

05-

110

– U

SD

A A

PB

: SP

01-

04)

New

food

requ

irem

ents

repl

ace

the

requ

irem

ent t

hat f

ifty

perc

ent o

f all

food

item

s of

fere

d by

any

org

aniz

atio

n m

ust b

e se

lect

ed fr

om th

e lis

t of n

utrit

ious

food

s.

Con

sequ

ently

, EC

380

85 is

no

long

er v

alid

.

Dur

ing

the

mor

ning

mea

l tim

e:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s be

ginn

ing

one-

half

hour

bef

ore

scho

ol

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or

beve

rage

s co

nsis

tent

with

SB

12/

965

and

Title

5

• FM

NV

pro

hibi

ted

whe

re re

imbu

rsab

le m

eals

are

ser

ved

and/

or e

aten

Beg

inni

ng o

f sch

ool d

ay to

lunc

h m

eal t

ime:

•

Onl

y co

mpl

iant

food

s an

d be

vera

ges

may

be

sold

on

cam

pus

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or

beve

rage

s co

nsis

tent

with

SB

12/

965

and

Title

5

D

urin

g lu

nch

mea

l tim

e:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s •

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

be

vera

ges

cons

iste

nt w

ith S

B 1

2/96

5 an

d Ti

tle 5

•

FMN

V p

rohi

bite

d w

here

reim

burs

able

mea

ls a

re s

erve

d an

d/or

eat

en

E

nd o

f lun

ch m

eal t

ime

to e

nd o

f sch

ool d

ay:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s •

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

be

vera

ges

cons

iste

nt w

ith S

B 1

2/96

5 an

d Ti

tle 5

Afte

r sch

ool

• A

ny o

rgan

izat

ion

may

sel

l any

food

or b

ever

age

one-

half

hour

afte

r sch

ool

• A

t a s

choo

l-spo

nsor

ed e

vent

, any

org

aniz

atio

n m

ay s

ell

any

food

CA

LIFO

RN

IA D

EP

AR

TME

NT

OF

ED

UC

ATI

ON

N

utrit

ion

Ser

vice

s D

ivis

ion

Sch

ool a

nd D

istri

ct O

pera

tions

Bra

nch

Aug

ust 2

006

Man

agem

ent B

ulle

tin 0

6-11

0 A

ttach

men

t I

Sum

mar

y of

Foo

d an

d B

ever

age

Res

trict

ions

in C

alifo

rnia

*

Food

and

bev

erag

e st

anda

rds

incl

ude

all f

oods

and

bev

erag

es s

old

to p

upils

out

side

of t

he re

imbu

rsab

le m

eal p

rogr

am. T

able

s ar

e m

eant

to

prov

ide

an o

verv

iew

. Sch

ool d

istri

cts

shou

ld re

view

act

ual l

aws,

regu

latio

ns, a

nd p

olic

ies

to e

nsur

e co

mpl

ianc

e.

Ref

eren

ces:

C

alifo

rnia

Edu

catio

n C

ode

sect

ions

380

85, 4

8931

, 494

31 (S

B 1

2), 4

9431

.2 (S

B 1

2), 4

9431

.5 (S

B 9

65)

Cal

iforn

ia C

ode

of R

egul

atio

ns: T

itle

5, D

ivis

ion

1, C

hapt

er 1

5, A

rticl

e 1,

Sec

tions

155

00 a

nd 1

5501

C

ode

of F

eder

al R

egul

atio

ns: T

itle

7, P

art 2

10.1

1

7

AS

OF

JULY

1, 2

009

HIG

H S

CH

OO

LS*

DU

RIN

G T

HE

SCH

OO

L D

AY*

Fr

om o

ne-h

alf h

our b

efor

e to

one

-hal

f hou

r afte

r the

end

of t

he s

choo

l day

, 100

pe

rcen

t of b

ever

ages

sol

d to

pup

ils b

y an

y en

tity

mus

t be

fruit/

vege

tabl

e-ba

sed

drin

ks o

f no

less

than

50

perc

ent f

ruit/

vege

tabl

e ju

ice

and

no a

dded

sw

eete

ners

; w

ater

with

no

adde

d sw

eete

ners

; milk

(tw

o-pe

rcen

t, on

e-pe

rcen

t, no

nfat

milk

, so

y/ric

e m

ilk, a

nd o

ther

non

dairy

milk

); or

ele

ctro

lyte

repl

acem

ent b

ever

ages

co

ntai

ning

no

mor

e th

an 4

2 gr

ams

of s

ugar

per

20-

ounc

e se

rvin

g. (S

B 9

65)

Non

com

plia

nt b

ever

ages

may

be

sold

up

to o

ne-h

alf b

efor

e sc

hool

and

follo

win

g on

e-ha

lf ho

ur a

fter s

choo

l. (S

B 9

65)

Sna

cks

sold

to p

upils

mus

t con

tain

s no

t mor

e th

an 3

5 pe

rcen

t cal

orie

s fro

m fa

t (n

uts,

nut

but

ters

, see

ds e

ggs,

che

ese

pack

aged

for i

ndiv

idua

l sal

e, fr

uits

, ve

geta

bles

that

hav

e no

t bee

n de

ep fr

ied,

and

legu

mes

are

exe

mpt

) and

not

mor

e th

an 1

0 pe

rcen

t cal

orie

s fro

m s

atur

ated

fat (

eggs

, che

ese

pack

aged

for i

ndiv

idua

l sa

le a

re e

xem

pt) a

nd n

ot m

ore

than

35

perc

ent s

ugar

by

wei

ght (

fruits

, and

ve

geta

bles

that

hav

e no

t bee

n de

ep fr

ied

are

exem

pt) a

nd n

ot m

ore

than

250

ca

lorie

s pe

r foo

d ite

m. E

ntré

e ite

ms

sold

to p

upils

mus

t con

tain

not

mor

e th

an 4

00

calo

ries

per e

ntré

e an

d no

t mor

e th

an 4

gra

ms

of fa

t per

100

cal

orie

s. (S

B 1

2)

Dur

ing

the

scho

ol d

ay, o

nly

one

stud

ent o

rgan

izat

ion

may

sel

l up

to th

ree

food

or

beve

rage

item

s pe

r day

upo

n ap

prov

al o

f the

gov

erni

ng b

oard

. Suc

h fo

ods

and

beve

rage

s ca

nnot

be

prep

ared

on

cam

pus

and

cann

ot b

e th

e sa

me

as it

ems

sold

in

the

food

ser

vice

pro

gram

that

day

at t

hat s

choo

l. O

n no

mor

e th

an fo

ur d

ays

durin

g th

e ye

ar, a

ny n

umbe

r of s

tude

nt o

rgan

izat

ions

may

sel

l foo

d an

d be

vera

ges.

(MB

00-

810

– C

CR

Titl

e 5,

Sec

tion

1550

1)

Ser

ving

FM

NV

(inc

ludi

ng m

ost c

arbo

nate

d be

vera

ges)

is p

rohi

bite

d du

ring

a m

eal

serv

ice

perio

d in

an

area

whe

re re

imbu

rsab

le m

eals

are

ser

ved

and/

or e

aten

. (M

B 0

5-11

0 –

US

DA

AP

B: S

P 0

1-04

) N

ew fo

od re

quire

men

ts re

plac

e th

e re

quire

men

t tha

t fift

y pe

rcen

t of a

ll fo

od it

ems

offe

red

by a

ny o

rgan

izat

ion

mus

t be

sele

cted

from

the

list o

f nut

ritio

us fo

ods.

C

onse

quen

tly, E

C 3

8085

is n

o lo

nger

val

id.

Dur

ing

the

mor

ning

mea

l tim

e:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s be

ginn

ing

one-

half

hour

bef

ore

scho

ol

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or

beve

rage

s co

nsis

tent

with

SB

12/

965

and

Title

5

• FM

NV

pro

hibi

ted

whe

re re

imbu

rsab

le m

eals

are

ser

ved

and/

or e

aten

Beg

inni

ng o

f sch

ool d

ay to

lunc

h m

eal t

ime:

•

Onl

y co

mpl

iant

food

s an

d be

vera

ges

may

be

sold

on

cam

pus

• S

tude

nt a

nd o

ther

org

aniz

atio

ns m

ay s

ell f

ood

or

beve

rage

s co

nsis

tent

with

SB

12/

965

and

Title

5

D

urin

g lu

nch

mea

l tim

e:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s •

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

be

vera

ges

cons

iste

nt w

ith S

B 1

2/96

5 an

d Ti

tle 5

•

FMN

V p

rohi

bite

d w

here

reim

burs

able

mea

ls a

re s

erve

d an

d/or

eat

en

E

nd o

f lun

ch m

eal t

ime

to e

nd o

f sch

ool d

ay:

• O

nly

com

plia

nt fo

ods

and

beve

rage

s m

ay b

e so

ld o

n ca

mpu

s •

Stu

dent

and

oth

er o

rgan

izat

ions

may

sel

l foo

d or

be

vera

ges

cons

iste

nt w

ith S

B 1

2/96

5 an

d Ti

tle 5

Afte

r sch

ool

• A

ny o

rgan

izat

ion

may

sel

l any

food

or b

ever

age

one-

half

hour

afte

r sch

ool

• A

t a s

choo

l-spo

nsor

ed e

vent

, any

org

aniz

atio

n m

ay s

ell

any

food

California School Nutrition Association June 2006

Summary of Requirements for Foods & Beverages Sold in California Schools

The following is a summary of requirements for food sales in California schools. This summary is for foods other than meals that meet USDA-approved School Breakfast Program (SBP) or National School Lunch Program (NSLP) meal pattern requirements.

I. Elementary Schools

The only foods, in addition to the USDA reimbursable meals, that may be sold “during the school day” in elementary schools, effective July 1, 2007 (Ed. Code 49431) are: “Individually sold portions” of

• Nuts, Nut Butters, and Seeds • Eggs • Cheese packaged for individual sale • Fruit • Vegetables (except any deep fried vegetable is not allowed) • Legumes • Dairy or whole grain items that contain no more than the following in each individually-sold food item:

35% of calories from fat; 10% of calories from saturated fat; 35% of total weight from sugar (naturally occurring and added sugar); and 175 Calories.

The only beverages that may be sold “regardless of the time of day” in elementary schools, currently (was effective July 1, 2004, Ed. Code 49431.5) are:

• Fruit-based drinks that are composed of no less than 50% fruit juice and have no added sweetener (added sweetener is any additive that enhances the sweetness of the beverage, including added sugar or artificial sweetener, but does not include the natural sugar contained within the fruit juice);

• Vegetable-based drinks that are composed of no less than 50% vegetable juice and have no added sweetener;

• Drinking water with no added sweetener; and/or • Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy milk, rice milk, and other similar nondairy

milk products. For school fundraising events, exceptions to the above food and beverage sale requirements are: Elementary schools may permit the sale of foods or beverages that do not comply with the above requirements if the items are sold by pupils of the school and the sale takes place:

• Off of and away from the school premises; or • At least one-half hour after the end of the school day.

In addition, the following are specific requirements for student food sales in elementary schools (California Administrative Code, Title 5, s 15500): The governing board may approve no more than four sales per year of one “dessert type” food item (that, up to July 1, 2007, must be from the “nutritious” list, for example ice cream or fruit, see Section III). Effective July 1, 2007, sales must be a “dessert type” item from the new approved list (see above) unless it takes place after school or off-campus. The item selected must not be the same as one that is sold in the food service program that day at that school and must not be prepared on the school premises; the sale of this item must take place after the midday food service period.

2

II. Middle, Junior, and High Schools A. The only foods, in addition to the USDA reimbursable meals, that may be sold during the school day in middle, junior, or high schools, effective July 1, 2007 (Ed. Code 49431.2) are: “Snacks” that contain no more than:

• 35% of its total calories from fat, except the following foods are exempt from this specific requirement: Nuts, Nut Butters, and Seeds Eggs Cheese packaged for individual sale Fruit Vegetables (except any deep fried vegetable is not allowed) Legumes;

• 10% of its total calories from saturated fat, except the following foods are exempt from this specific requirement: Eggs Cheese packaged for individual sale;

• 35% of its total weight shall be composed of sugar, including naturally occurring and added sugar, except the following foods are exempt from this specific requirement:

Fruits or vegetables (unless they are deep-fried; deep fried fruits or vegetables may not be served); and • 250 Calories.

Entrée items that qualify as entrées using USDA meal pattern definitions, and that contain no more than:

• 4 grams of fat per 100 calories; and • 400 Calories.

B. The only beverages* that may be sold “regardless of the time of day” in middle or junior high schools, currently (was effective July 1, 2004, Ed. Code 49431.5) are:

• Fruit-based drinks that are composed of no less than 50% fruit juice and have no added sweetener (added sweetener is any additive that enhances the sweetness of the beverage, including added sugar or artificial sweetener, but does not include the natural sugar contained within the fruit juice).

• Vegetable-based drinks that are composed of no less than 50% vegetable juice/s and have no added sweetener. • Drinking water with no added sweetener. • Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy milk, rice milk, and other similar nondairy milk. • An electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce

serving.

C. Standards for beverages sold in high schools, effective July 1, 2009; in the interim, effective July 1, 2007, the following requirements must be met for no less than 50% of all beverages sold (Ed. Code 49431.5). Only the following beverages* may be sold to a pupil at a high school from one-half hour before, to one-half hour after, the school day:

• Fruit-based drinks that are composed of no less than 50% fruit juice and have no added sweetener (added sweetener is any additive that enhances the sweetness of the beverage, including added sugar or artificial sweetener, but does not include the natural sugar contained within the fruit juice).

• Vegetable-based drinks that are composed of no less than 50% vegetable juice/s and have no added sweetener. • Drinking water with no added sweetener. • Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy milk, rice milk, and other similar nondairy milk. • An electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce

serving. *Subject to Federal Competitive Food Requirements (see Section V)

3

Middle, Junior, and High Schools, Continued

Exceptions to the above food and beverage sale requirements: • Any food items may be sold:

Off of and away from the school premises; or On school premises at least one-half hour after the end of the school day; or At and during a school-sponsored pupil activity at least one-half hour after the end of the

school day. • At middle and junior high schools, beverages that do not comply with B, above, may be sold as part

of a school event: At and during the school-sponsored event at least one-half hour after the end of the school day;

and/or In vending machines, pupil stores, and/or cafeterias later than one-half hour after the end of the

school day; • Middle and junior high schools may sell beverages that do not comply with B, above, in vending

machines not later than one-half hour before the start, and not sooner than one-half hour after the end, of the school day.

In addition, the following are specific requirements for student food sales in middle, junior, and high schools (California Administrative Code, Title 5, s 15501): Sales in middle schools and high schools: currently, the governing board may permit a pupil organization to sell food items (specifically approved by the governing board) during or after the regular school day, with some restrictions. Incorporating the new state laws, in middle schools: pupils currently may only sell the list of approved beverages (B, above), and, after July 1, 2007, only the approved list of foods (A, above), during the school day (see above conditions). Until July 1, 2007, 50% of food (categories/types of food) sales must be from the current “nutritious” list, (see Section III, similar in content to the new list). High school requirements are the same as for middle schools, except that on July 1, 2007, 50% of beverages must be from the approved list B, above, advancing to 100% of beverages from the approved list B, above, on July 1, 2009; from one-half hour before, to one-half hour after, school. For both middle and high schools, the following requirements for pupil sales will remain in effect: • Only one pupil organization each school day may sell no more than three types of food or beverage

items; • Any one or more student organizations may conduct no more than four food sales of any food items

during a school year in each school, but such sales shall be held on the same four days for any or all organizations;

• The sales during the regular school day are not of food prepared on the premises; and • The food items sold during the regular school day shall not be the same as any item sold by the district

in the food service program at that school during that school day.

USDA and CDE encourage schools to purchase locally produced foods, including wholesome produce from small farmers, to the maximum extent feasible. Farm to school initiatives promote and support strategies for including these foods in the meals and snacks served to children at school (SP 02-18, MB 02-121).

If a school does not have a USDA meal program agreement, one nutritionally adequate* free or reduced-price meal must be provided for each needy pupil during each school day (Ed. Code 49550). *Definition of nutritionally adequate: qualifying for reimbursement under the federal child nutrition program regulations (Ed. Code 49553).

4

III. Nutritious Foods (All Grade Levels)

State law (Ed. Code 38085) requires that a minimum of 50% of any food items,* offered for sale each school day at any school site by any entity or organization during regular school hours, are selected from the following list (this is referred to as the list of nutritious foods):

• Milk and dairy products, including cheese, yogurt, frozen yogurt, and ice cream. • Full-strength fruit and vegetable juices and fruit drinks containing 50% or more full-strength fruit

juice, and fruit nectars containing 35% or more full-strength fruit juice. • Fresh, frozen, canned, and dried fruits and vegetables. • Nuts, seeds, and nut butters. • Non-confection grain products, as defined by regulation of the United States Food and Drug

Administration, including crackers, breadsticks, tortillas, pizza, pretzels, bagels, muffins, and popcorn. • Meat, poultry, and fish, and their products, including beef jerky, tacos, meat turnovers, pizza, chili and

sandwiches. • Legumes and legume products, including bean burritos, chili beans, bean dip, roasted soy beans, and

soups. • Any foods which would qualify as one of the required food components of the Type A lunch (note:

now replaced by the terminology “reimbursable meal”) which is defined under the National School Lunch Act.

* "Item" is defined as each separate kind of food offered for sale as a separate unit. Schools that do not have more restrictive policies in place should follow this state law until the new, more restrictive, state laws described above commence on July 1, 2007.

IV. California School District Governing Board Requirements for Entering or Renewing Nonnutritious Beverage or Nonnutritious Food Contracts (Ed. Code 35182.5)

The governing board of a school district may not permit the district or a school in the district to enter into or renew a contract that grants exclusive or nonexclusive advertising rights; or grants the right to the exclusive or nonexclusive sale of carbonated beverages, nonnutritious beverages, or nonnutritious foods, unless it adopts a policy, after a public hearing of the governing board, to ensure that:

• Internal controls are in place to protect the integrity of public funds; • Funds raised benefit public education; and • Contracts are entered into on a competitive basis pursuant to required procedures.

This law requires that the public, including parents and pupils, have an opportunity to comment on each contract, clearly identified, at a public hearing for policy adoption that addresses:

• The nutritional value of food and beverages sold within the district; • The availability of fresh fruit, vegetables, and grains in school meals and snacks, including, but not

limited to, locally grown and organic produce; • The amount of sugar, fat, and additives in the food and beverages discussed; and • Barriers to pupil participation in school breakfast and lunch programs.

Each contract must be accessible to the public and cannot contain a confidentiality clause preventing any part of the contract from being public.

5

V. Competitive Food Requirements For schools with a USDA meal program agreement, federal regulations concerning Foods of Minimal Nutrition Value (“FMNV”) also apply (7CFR210.11): When the state laws (above), which are more restrictive, become effective, they supersede the federal requirements. However, if any of the allowed foods are classified as a FMNV, for example beverages that meet the above standards and are carbonated, they are not allowed in the food service area at meal times. Only those “carbonated beverages” that are exempted from being classified as FMNV by USDA* (such as specific sparkling water brands that received exemptions) will be allowable in the food service area (see definition of “Food Service Area,” below) at meal times. This federal requirement applies to any carbonated beverage that is not on the exemption list, and therefore (non USDA-exempted) diet sodas, sparkling water, and carbonated juices are currently prohibited in the food service area at meal times under the federal law in all schools; this requirement will continue with the commencement of the high school beverage regulations in 2009. Competitive foods is defined by USDA as any foods sold in competition with the Program to children in food service areas during the meal periods. FMNV is defined by USDA as a food which provides less than 5% of the RDI of each of eight specified nutrients per serving. In other words, it must contain at least one of the following eight nutrients: protein, vitamin A, vitamin C, niacin, riboflavin, thiamin, calcium, and iron. The categories of FMNV include: soda water, water ices, chewing gum, certain candies, hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy, and candy-coated popcorn. Food service area was recently defined by USDA and CDE** as: Any area on the school premises where reimbursable meals are served and/or eaten (either served or eaten, and both served and eaten). When the high school regulations become effective, this will become a moot point, except for the carbonated beverages that meet state requirements and do not have an exemption from USDA (these would be restricted from the food service area, now broadly defined as anywhere food is served and/or eaten). *Any person may submit a petition to FNS requesting that an individual food be exempted from a category of foods of minimal nutritional value, and a list of all foods exempted is maintained by USDA. ** Defined through a guideline issued by USDA (APB: SP-01-04); CDE issued MB 05-110 to transmit USDA’s interpretation of food service area. Federal regulations do not specify the definition of food service area, and the authority to define food service area was specifically given to states. MB 05-110 changed California’s previous definition of the food service area, through CDE guidance/interpretation (the definition of food service area is not in regulation or law).

VI. School Wellness Policy (Section 204, Public Law 08-265): Not later than the beginning of the 2006-2007 school year, school districts participating in USDA’s school meal program shall establish a local “school wellness policy” that, at a minimum:

• Includes goals for nutrition education, physical activity, and other school-based activities designed to promote student wellness in a manner that the district determines appropriate;

• Includes nutrition guidelines for all foods available on the school campus during the school day, with the objectives of promoting student health and reducing childhood obesity;

• Provides an assurance that guidelines for school meals are not less restrictive than those issued by USDA; • Establishes a plan for measuring implementation of the local wellness policy, including the designation of

one or more persons within the district or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and

• Involves parents, students, school food service representatives, the school board, school administrators, and the public in development of the local wellness policy.

Information and technical assistance shall be made available by USDA, and shall be for guidance purposes only; this technical assistance shall not be construed as binding or as a mandate to schools.


Appendix EStudy Agreement

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