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RULE §26.6Foods of Minimal Nutritional Value (FMNV)

(a) Prohibition of sale. Federal regulations prohibit the sale of certain foods, determined to be of minimal nutritional value, in the foodservice area during meal periods.

(b) Restricted Foods. Foods and beverages that are restricted from sale to students are classified in the following four categories:

  (1) Soda Water: Any carbonated beverage. No product shall be excluded from this definition because it contains discrete nutrients added to the food such as vitamins, minerals and protein.

  (2) Water Ices: Any frozen, sweetened water such as "...sicles" and flavored ice with the exception of products that contain fruit or fruit juice.

  (3) Chewing Gum: Any flavored products from natural or synthetic gums and other ingredients that form an insoluble mass for chewing.

  (4) Certain Candies: Any processed foods made predominantly from sweeteners or artificial sweeteners with a variety of minor ingredients that characterize the following types:

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

    (B) Jellies and Gums: A mixture of carbohydrates that are combined to form a stable gelatinous system of jellylike character and are generally flavored and colored, and include gum drops, jelly beans, jellied and fruit-flavored slices.

    (C) Marshmallow Candies: An aerated confection composed of sugar, corn syrup, invert sugar, 20 percent water, and gelatin or egg white to which flavors and colors may be added.

    (D) Fondant: A product consisting of microscopic-sized sugar crystals that are separated by a thin film of sugar and/or invert sugar in solution such as candy corn or soft mints.

    (E) Licorice: A product made predominantly from sugar and corn syrup that is flavored with an extract made from the licorice root.

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

    (G) Candy Coated Popcorn: Popcorn that is coated with a mixture made predominantly from sugar and corn syrup.

(c) Exceptions. USDA has approved exceptions for certain products included in the above categories. Those exceptions are not recognized and are not allowed as part of the Texas Public School Nutrition Policy.

Source Note: The provisions of this §26.6 adopted to be effective February 26, 2009, 34 TexReg 1231; amended to be effective August 11, 2011, 36 TexReg 4951

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