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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 26FOOD AND NUTRITION DIVISION
SUBCHAPTER ATEXAS PUBLIC SCHOOL NUTRITION POLICY
RULE §26.5High Schools

(a) Definition. For purposes of this subchapter, a high school campus is defined as any campus containing a combination of grades 9, 10, 11 and 12. K-12 schools may follow requirements designated for middle and junior high schools in this subchapter.

(b) Foods of Minimal Nutritional Value (FMNV).

  (1) During school year 2008-09, high schools may not serve or provide access to FMNV during meal periods in areas where reimbursable school meals are served and/or consumed. Thereafter, high schools may not serve or provide access to FMNV and all other forms of candy at any time anywhere on school premises until the end of the last scheduled class. Such foods and beverages may not be sold or given away to students on school premises by school administrators or staff (principals, coaches, teachers, etc.), students or student groups, parents or parent groups, guest speakers, or any other person, company or organization. For exemptions and a listing of foods and beverages restricted by the FMNV policy, see §26.6 of this title (relating to Foods of Minimal Nutritional Value (FMNV)).

  (2) Vending contracts and renewals and amendments executed after March 3, 2004, must expressly prohibit the sale of sugared, carbonated beverages in containers larger than 12 ounces.

  (3) No more than 15 percent of the beverages made available through each vending machine or other service point on high school campuses are allowed to be sugared, carbonated soft drinks.

  (4) Sugared, carbonated beverages are limited to 12 ounce containers.

(c) Nutrition Standards. The following specific nutrition standards apply to all foods and beverages served or made available in reimbursable school meals, a la carte food items and competitive foods to students on high school campuses.

  (1) Fats and Fried Foods.

    (A) Schools and other vendors may not serve individual food items that contain more than 23 grams of fat with an exception of one individual food item per week.

    (B) No individual food items can exceed 28 grams of fat at any time. This excludes peanut butter when served as part of a reimbursable school meal.

    (C) Schools must eliminate deep-fat frying as a method of on-site preparation for foods served as part of reimbursable school meals, a la carte food items, snack lines, and competitive foods. Schools that must make extensive equipment or facility changes must be in compliance by the 2009-10 school year or TDA must have approved a written waiver filed by school district no later than July 31, 2008, to extend the time to implement the equipment or facility changes.

    (D) Foods that have been pre-fried, flash-fried or par-fried by the manufacturer may be served to students but must be baked or heated by a method other than deep fat frying.

    (E) Potato products.

      (i) French fries and other fried potato products that have been pre-fried, flash-fried or par-fried by the manufacturer may be served to students but must be baked or heated by a method other than deep-fat frying.

        (I) Servings must not exceed 3 ounces;

        (II) Students may only purchase one serving at a time. (This does not pertain to potato chips, which are mentioned specifically in paragraph (2) of this subsection).

      (ii) Baked potato products (wedges, slices, whole, new potatoes) that are produced from raw potatoes and have not been pre-fried, flash-fried or par-fried in any way may be served without restriction.

    (F) Schools must include a request for trans fat information in all product specifications.

    (G) Schools must reduce the purchase of any products containing trans fats.

  (2) Portion Sizes.

    (A) The following maximum portion size and nutrient restrictions apply to all foods and beverages served or made available to students on school campuses with the exception of reimbursable school meals, which are governed by USDA regulations.

Attached Graphic

    (B) Beginning in school year 2009-10, this subchapter prohibits high school students' access to FMNV at any time anywhere on school premises until the end of the last scheduled class. Certain carbonated beverages such as soda water fall within the FMNV category. This subchapter does not provide exceptions or phase-in periods for school districts with vending contracts.

  (3) Other.

    (A) Fruit and/or vegetables must be offered daily on all points of service.

      (i) Fruits and vegetables should be fresh whenever possible.

      (ii) Frozen and canned fruits should be packed in natural juice, water or light syrup whenever possible.

    (B) Schools must offer 2 percent, 1 percent or skim milk at all points where milk is served.

(d) Competitive Foods.

  (1) High schools may not serve competitive foods (or provide access to them through direct or indirect sales) to students during meal periods in areas where reimbursable school meals are served and/or consumed except for those food items made available by the school food service department.

  (2) All foods, beverages and snack items must comply with the nutrition standards and portion size restrictions in this subchapter.


Source Note: The provisions of this §26.5 adopted to be effective February 26, 2009, 34 TexReg 1231

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