6.12.5 NMAC

TITLE 6 PRIMARY AND SECONDARY EDUCATION

CHAPTER 12 PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY

PART 5 NUTRITION: COMPETITIVE FOOD SALES

6.12.5.1 ISSUING AGENCY: Public Education Department

[6.12.5.1 NMAC - N, 02-28-06]

6.12.5.2 SCOPE: This rule applies to public schools in New Mexico unless otherwise expressly limited.

[6.12.5.2 NMAC - N, 02-28-06]

6.12.5.3 STATUTORY AUTHORITY: This rule is adopted pursuant to Sections 22-2-1 and 9-24-8, NMSA 1978.

[6.12.5.3 NMAC - N, 02-28-06]

6.12.5.4 DURATION: Permanent

[6.12.5.4 NMAC - N, 02-28-06]

6.12.5.5 EFFECTIVE DATE: February 28, 2006, unless a later date is cited at the end of a section.

[6.12.5.5 NMAC - N, 02-28-06]

6.12.5.6 OBJECTIVE: This rule addresses the sale of competitive food sold to children attending public schools in New Mexico.

[6.12.5.6 NMAC - N, 02-28-06]

6.12.5.7 DEFINITIONS:

A. “A la carte” means a beverage or food product sold in schools to students during the lunch period that is not part of the United States department of agriculture school meal program.

B. “Competitive food” means a food or beverage sold at school other than one served as part of the United States department of agriculture school meal program. The term includes any item sold in vending machines, a la carte or through other school fundraising efforts.

C. “Fund raisers” means beverage or food products sold to raise money that are not sold in vending machines, a la carte sales or as part of the United States department of agriculture school meal program.

D. “Vended beverages and foods” means a beverage or food product sold in vending machines to students in schools.

[6.12.5.7 NMAC - N, 02-28-06]

6.12.5.8 REQUIREMENTS FOR COMPETITIVE FOODS SOLD TO STUDENTS:

A. Vended foods and beverages:

(1) Elementary schools:

(a) Beverages sold in vending machines to students in elementary schools shall only be sold after the last lunch period is completed and shall only include:

(i) milk with a fat content of 2 percent or less;

(ii) soy milk; and

(iii) water.

(b) Carbonated beverages shall not be sold in vending machines to students in elementary schools.

(2) Middle schools:

(a) Beverages sold in vending machines to students in middle schools shall only include:

(i) milk with a fat content of two percent or less;

(ii) soy milk;

(iii) water; and

(iv) 100 percent fruit juice that has no added sweeteners and no more that 125 calories per container and a serving size not to exceed 20 ounces.

(b) Carbonated beverages shall not be sold in vending machines to students in middle schools.

(i) Nuts, seeds, cheese, yogurt, and fruit may be sold in vending machines in middle schools at any time and are not subject to the restrictions in item (ii) of this subparagraph.

(ii) Food products other than those listed in item (i) of this subparagraph shall only be sold after the last lunch period is completed and are subject to the following restrictions: shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats and shall contain no more than 15 grams of sugar per package or amount served.

(3) High schools:

(a) Beverages sold in vending machines to students in high schools at any time shall only include:

(i) milk with a fat content of 2 percent or less;

(ii) soy milk;

(iii) water; and

(iv) juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces.

(b) Beverages sold in vending machines to students in high schools after the last lunch period is completed shall only include the items in subparagraph (a) and:

(i) carbonated soft drinks that are both sugar free and caffeine free;

(ii) non-carbonated flavored water with no added sweeteners; and

(iii) sports drinks.

(c) Food products sold in vending machines to students in high schools may be sold at any time subject to the following requirements:

(i) Nuts, seeds, cheese, yogurt, and fruit may be sold in vending machines in high schools at any time and are not subject to the restrictions in item (ii) of this subparagraph.

(ii) Food products other than those listed in item (i) of this subparagraph are subject to the following restrictions: shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats and shall contain no more than 15 grams of sugar per container or per package or amount served.

B. A la carte offerings must meet the following requirements:

(1) Beverages sold in a la carte offerings may only be sold during lunch period and shall only include:

(a) Elementary schools:

(i) milk with a fat content of 2 percent or less;

(ii) soy milk; and

(iii) water.

(b) Middle schools:

(i) milk with a fat content of two percent or less;

(ii) soy milk;

(iii) water; and

(iv) 100 percent fruit juice that has no added sweeteners and no more that 125 calories per container and a serving size not to exceed 20 ounces.

(i) milk with a fat content of 2 percent or less;

(ii) soy milk;

(iii) water; and

(iv) juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces.

(2) Carbonated beverages or soft drinks, non-carbonated flavored water and sports drinks shall not be sold in a la carte offerings.

(3) Food products sold in a la carte offerings may only be sold during lunch and are subject to the following requirements:

(a) Nuts, seeds, cheese, yogurt, and fruit are not subject to the restrictions in subparagraph (b) of this paragraph.

(b) Food products other than those listed in subparagraph (a) of this paragraph are subject to the following restrictions:

(i) shall contain no more than 400 calories per container or per package or amount served; and

(ii) shall contain no more than 16 grams of fat per container or per package or amount served, of which no more than 2 grams come from saturated and trans fats combined; and

(iii) shall contain no more than 30 grams of total sugar per package or amount served.

C. Fund raisers:

(1) Beverages and food products may be sold as fund raisers at any time during normal school hours except during the lunch period and are subject to the following requirements and limitations:

(a) Elementary schools:

(i) Beverages sold shall only include: milk with a fat content of 2 percent or less; soy milk; and water. Carbonated beverages shall not be sold.

(ii) Food products shall not be sold as fund raisers to students in elementary schools.

(b) Middle schools:

(i) Beverages sold shall only include: milk with a fat content of 2 percent or less; soy milk; water; and one hundred percent fruit juice that has no added sweeteners and no more that 125 calories per container and a serving size not to exceed 20 ounces. Carbonated beverages shall not be sold.

(ii) Food products sold are subject to the following requirements: nuts, seeds, cheese, yogurt, and fruit may be sold and are not subject to restrictions; food products other than nuts, seeds, cheese, yogurt and fruit shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats and shall contain no more than 15 grams of sugar per container or per package or amount served.

(i) Beverages sold shall only include: milk with a fat content of 2 percent or less, soy milk, water and juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces.

(2) Beverages and food products may be sold as fund raisers outside of normal school hours provided that at least 50 per cent of the offerings meet the following requirements:

(a) Beverages: milk with a fat content of 2 percent or less; soy milk, water and juice that is at least 50 percent fruit and that has no added sweeteners and a serving size not to exceed 20 ounces.

(b) Food products: nuts, seeds, cheese, yogurt, and fruit may be sold and are not subject to restrictions; food products other than nuts, seeds, cheese, yogurt and fruit shall contain no more than 200 calories per container or per package or amount served and shall contain no more than 8 grams of fat per container or per package or amount served with no more than 2 grams of fat from saturated and trans-fats, and shall contain no more than 15 grams of sugar per container or per package or amount served.

[6.12.5.8 NMAC - N, 02-28-06]

History of 6.12.5 NMAC: [Reserved]