Regulations Governing Nutritional Requirements for Reimbursable Meals and Competitive Foods and Beverages; Limitations on Competitive Foods and Beverages at Meal Time


200-RICR-20-25-4 ACTIVE RULE

4.1 Authority

A. This part is promulgated pursuant to R.I. Gen. Laws §§ 16-8-9, 16-8-10, 16-8-10.1, 16-21-7(c) and further authorized under 7 C.F.R. §§ 210.11(b) and 210.19(e).

B. The provisions of this Part will be monitored and enforced by RIDE during the USDA Administrative Review Process set forth in 7 C.F.R. § 210.18.

4.2 Purpose

The purpose of this Part is to maintain high nutrition standards for school meals that are reimbursed by the United States Department of Agriculture and all other food and beverages that are sold on the school campus in Rhode Island. USDA nutritional standards set minimum requirements and states operating the National School Lunch and School Breakfast Programs are permitted to establish more rigorous nutrition requirements or additional requirements for school meals and competitive foods that are not inconsistent with the provisions of USDA rules. The additional nutritional requirements and additional limitations on sales of competitive foods and beverages set forth in this Part will enhance school meals and the school nutrition environment in Rhode Island’s schools.

4.3 Definitions

A. For the purposes of these Rules and Regulations, the following terms shall have the following meaning:

1. “Competitive foods” means all foods and beverages, other than meals reimbursed under the National School Lunch Act (42 U.S.C. § 1751 et seq.) and Child Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.) available for sale to students on the school campus during the school day.

2. “Reimbursable meal” means a meal (breakfast, lunch or afterschool snack) which meets all of USDA’s meal requirements for reimbursement under the National School Lunch Act (42 U.S.C. § 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.).

3. “School campus” means all areas of the property under the jurisdiction of the school that are accessible to students during the school day.

4. “School day” means the period from midnight before, to sixty (60) minutes after, the end of the official school day.

4.4 Incorporated Materials

These regulations hereby adopt and incorporate 7 C.F.R. §§ 210.10, 210.11, 210.18, 210.19 and 220.8 (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

4.5 State Specific Requirements

A. In addition to the minimum meal requirements for all reimbursable meals set forth in federal regulation (lunches and afterschool snacks established in 7 C.F.R. § 210.10 and school breakfasts established in 7 C.F.R. § 220.8 all reimbursable meals must meet the following additional requirements:

1. On a weekly basis, at least one-half (1/2) of the “grain servings” in USDA meals must be one hundred (100%) per cent whole grain and the remaining “grain servings” must be whole grain rich.

2. In all menu-planning options, schools will offer each day, at a minimum, two (2) different fruits and/or vegetables at breakfast; three (3) different fruits and/or vegetables at lunch.

3. No more than one (1) serving of one hundred (100%) percent juice may be offered per day. Juice may be offered at breakfast or at lunch each day, but not at both meals.

4. No more than two (2) servings of one hundred (100%) percent juice may be offered each week as part of an afterschool snack.

5. Artificial sweeteners and sugar alcohols are prohibited.

6. Caffeine, except naturally-occurring trace amounts, is prohibited.

B. In addition to the minimum requirements for competitive foods and limitations on service of competitive foods established in 7 C.F.R. § 210.11 and R.I. Gen. Laws § 16-21-7, all competitive foods must meet the following additional requirements:

1. Artificial sweeteners and sugar alcohols are prohibited.

2. Added sweeteners are prohibited in beverages. This includes but is not limited to high fructose corn syrup, white sugar, brown sugar, corn syrup, dextrose, raw sugar, malt syrup, fructose sweetener, honey, molasses and fruit juice concentrate. This provision does not apply to flavored non-fat milk or USDA commodities served as part of a reimbursable meal.

3. Caffeine, except naturally-occurring trace amounts, is prohibited.

C. In addition to the limitations on service of competitive foods established in 7 C.F.R. § 210.11, competitive foods offered at mealtimes in elementary schools are limited to the following:

1. The entrée that is included in that day’s reimbursable meal;

2. The same entrée when served the next school day;

3. Whole or cut fresh fruits;

4. Whole or cut fresh vegetables (may include low-fat dressing or hummus);

5. Yogurt (may be layered with fruit)

6. Water – any size of plain water (with or without carbonation)

7. Fluid Milk – up to eight (8) ounce portions limited to:

a. Unflavored low-fat milk (1% fat) or

b. Unflavored or flavored fat free milk, or

c. Milk alternatives permitted by USDA National School Lunch Program

Title 200 Board of Education
Chapter 20 Council on Elementary and Secondary Education
Subchapter 25 Student Health and Safety
Part 4 Regulations Governing Nutritional Requirements for Reimbursable Meals and Competitive Foods and Beverages; Limitations on Competitive Foods and Beverages at Meal Time
Type of Filing Adoption
Regulation Status Active
Effective 01/09/2019

Regulation Authority :

R.I. Gen. Laws § 16-8-9
R.I. Gen. Laws § 16-8-10
R.I. Gen. Laws § 16-8-10.1
R.I. Gen. Laws § 16-21-7(c)
7CFR210.11(b)
210.19(e)

Purpose and Reason :

This new proposed regulation replaces the RI Nutrition Requirements 2009 (RINR 2009) Nutrition Criteria for RI School Food Service Programs regulation, which previously set forth state nutrition requirements for reimbursable school meals and limitations on competitive food and beverages at mealtime.

In implementing and enforcing the prior regulation, the School Nutrition Office of the Rhode Island Department of Elementary and Secondary Education has been consistent in enforcing additional requirements which were based on provisions of state law (repealed in 2016) and guidance incorporated into RINR 2009, entitled “RI Healthy Schools Coalition Nutrition Guidelines for School Vending and a la Carte” as well as their understanding of best nutritional practices.  The proposed regulation will bring RINR into alignment with current practices and the state-specific nutrition requirements that have consistently been enforced over the last several years.  Since there is no change in the actual implementation of the current regulation, there is no fiscal impact that would result from adoption of the proposed regulation.

The new proposed regulation now explicitly sets forth state­specific requirements. Taken together with the federally­imposed nutritional requirements and limitations on competitive foods and beverages, it will maintain high nutrition standards for school meals that are reimbursed by the USDA and all other food and beverages that are sold on the school campus in Rhode Island.