Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 740 - REGULATIONS GOVERNING NUTRITIONAL STANDARDS FOR COMPETITIVE FOODS AVAILABLE FOR SALE IN THE PUBLIC SCHOOLS › Section 8VAC20-740-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
[The following words and terms when used in this chapter
				  shall have the following meanings unless the context clearly indicates
				  otherwise:]
"A la carte item" means an individually priced food item
				  served by the local school nutrition department that may or may not be part of
				  the reimbursable meal under the federal Child Nutrition Programs.
"After school activities" means activities that occur on the
				  school campus after the school day.
"Beverage" means a drinkable liquid.
"Calorie" means the amount of heat required to change the
				  temperature of one gram of water from 14.5 degrees Celsius to 15.5 degrees
				  Celsius. Calorie is used synonymously with kilocalorie as a unit of measure for
				  energy obtained from food and beverages.
"Child nutrition programs" means school meal programs funded
				  and regulated by the U.S. Department of Agriculture (USDA) and includes the
				  National School Lunch Program (NSLP), School Breakfast Program (SBP),
				  Afterschool Snack Programs (ASP), Child and Adult Care Food Program (CACFP),
				  Summer Food Service Program (SFSP), and Special Milk Program (SMP).
"Combination foods" means products that contain two or more
				  components representing two or more of the recommended food groups: fruit,
				  vegetable, dairy, protein, or grains.
"Competitive food" means all food available for sale to
				  students on the school campus during the school day other than meals reimbursed
				  under programs authorized by the Richard B. Russell National School Lunch Act (
				  42 USC §
										1751 et seq.) and the Child Nutrition Act of
				  1966 ( 42 USC §
										1771 et seq.).
"Competitive food" includes all foods available for sale to
				  students:
1. In school cafeterias as a
				la carte items.
2. In vending
				machines located on the school campus during the school day.
3. As fundraisers held on the school campus
				during the school day.
4. In school
				snack bars on the school campus during the school day.
5. In school stores operated on the school
				campus during the school day by the school, a student association, or other
				school-sponsored organization.
6.
				At school activities such as special fundraisers, achievement rewards,
				classroom parties, school celebrations, classroom snacks, or school meetings
				held on the school campus during the school day.
7. In culinary education programs where food
				prepared as part of the educational curriculum is sold to students; however,
				this provision does not apply if food is sold to adults only.
This term does not apply to food a student brings from home
				  for consumption at school or items available for sale to adults only in areas
				  not accessible to students (e.g., teachers lounges).
"Dietary Guidelines for Americans" means guidelines jointly
				  issued by the U.S. Department of Health and Human Services and U.S. Department
				  of Agriculture and revised every five years and that provide authoritative
				  advice based on current scientific evidence and medical knowledge for people
				  two years of age and older about how good dietary habits can promote health and
				  reduce risk for major chronic diseases.
"Entree item" means an item that is either (i) a combination
				  food of meat or meat alternate and whole grain rich food; (ii) a combination
				  food of vegetable or fruit and meat or meat alternate; or (iii) a meat or meat
				  alternate alone with the exception of yogurt; low-fat or reduced fat cheese;
				  nuts, seeds, and nut or seed butters; and meat snacks (e.g., dried beef
				  jerky).
"Fundraiser" means a school-sponsored activity where food or
				  nonfood items are sold on the school campus during regular school hours by the
				  school-sponsored organization to raise money for a school-related program or
				  activity. One fundraiser is defined as one or more fundraising activities by
				  one or more school-sponsored organizations that last one school day.
"Fundraising exemption" means an exception that allows a
				  school-sponsored organization to sell on the school campus during regular
				  school hours (i) food or beverages that do not meet the nutrition standards
				  established in this chapter and (ii) items that do not meet the U.S. Department
				  of Agriculture's Smart Snacks in Schools regulation. Fundraisers that sell
				  nonfood items or that sell foods or beverages that meet the nutrition standards
				  are not subject to this chapter or the U.S. Department of Agriculture's Smart
				  Snacks in Schools regulation.]
"Obesity" means obesity in children and adolescents referring
				  to the age-specific and sex-specific body mass index (BMI) that is equal to or
				  greater than the 95th percentile of the BMI charts of the Centers for Disease
				  Control and Prevention (CDC).
["Regular school hours" means the standard school day, as
				  defined in 8VAC20-131-5, except for the
				  purpose of fundraiser exemptions, breaks for meals and recess are included in
				  the regular school hours.]
"School campus" means, for the purpose of competitive food
				  standards implementation, all areas of the property under the jurisdiction of
				  the school that are accessible to students during the school day.
"School day" means, for the purpose of competitive food
				  standards implementation, the period from the midnight before to 30 minutes
				  after the end of the official school day.
"School food authority" or "SFA" means, under the federal
				  child nutrition laws, the entity that is legally responsible for the operations
				  and administration of the local school nutrition programs (i.e., school
				  division).
"Trans fat" means food items containing vegetable shortening,
				  margarine, or any partially hydrogenated vegetable oil unless the label
				  required on the food, pursuant to applicable federal and state law, lists the
				  trans fat content as zero grams per serving.
"Wellness policy" means a policy required for public schools
				  participating in a nutrition program authorized by the Richard B. Russell
				  National School Lunch Act ( 42 USC §
											1751 et seq.) or the
				  Child Nutrition Act of 1966 (
				  42 USC §
											1771 et seq.) that meets minimum standards
				  designed to support school environments that promote student wellness.
"Whole grains" means grains that are made with enriched and
				  whole grain meal or flour in accordance with the most recent grains guidance
				  from the U.S. Department of Agriculture Food and Nutrition Service.
"Whole-grain rich" means products that contain at least 50%
				  whole grains and the remaining grains in the product must be
				  enriched.
Statutory Authority: §
											22.1-207.4 of the Code of
					 Virginia.