7 Miss. Code. R. 3-17.10 - Smart Snacks Standards for All Foods and Beverages Sold in Mississippi Schools

The State Board of Education (SBE) shall adopt Smart Snacks Standards for All Foods and Beverages Sold in Mississippi Schools. These standards will ensure school district compliance of what products can be sold and the time of day they can be sold on a school campus.

The Healthy Hunger-Free Kids Act of 2010 directed the USDA to establish nutrition standards for all foods and beverages sold to students in schools during the school day. The Smart Snacks Standards ensures schools will provide students healthier choices by offering more whole grain options, fruits, vegetables, leaner protein and lower-fat dairy. Smart Snacks applies to all foods and beverages sold to students through:

1. Vending machines

2. Student stores

3. Snack bars

4. Fundraisers

5. Culinary Education Program Sales

6. Any other sales

1. Time of Day for ALL Foods and Beverages Sold in Schools

The following regulations apply to all Mississippi school campuses during the school day. The School day is defined as the hours between 12:00 a.m. the midnight before until 30 minutes after the end of the instructional day. This policy does not apply to school-related events; such as interscholastic sporting events, school plays, and band concerts; where parents and other adults constitute a significant portion of the audience or are selling beverages as boosters. In addition, no food items shall be sold on the school campus for one (1) hour before the start of any meal services period through the end of the meal service, including breakfast (if offered).

2. FOOD Regulations for Mississippi Schools:

All foods sold in schools must meet the following ingredients and nutrient requirements:

1. Be a Whole Grain-Rich (WGR) product; or

2. Have as the first ingredient a fruit, vegetable, a dairy product, or a protein food; or

3. Be a combination food that contains at least 1/4 cup of fruit and/or vegetable; or

4. Contain 10% of the Daily Value (DV) of one of the nutrients of public health concern in the 2010 Dietary Guidelines for Americans (calcium, potassium, vitamin D, or dietary fiber).

a. Calories Limits:

i. Snack/Side items: No more than 200 calories

ii. Entrée items: No more than 350 calories

b. Sodium Limits:

i. Snack/Side items: No more than 230 mg

ii. Entrée items: No more than 480 mg

c. Fat Limits:

i. Total fat: No more than 35% of calories

ii. Saturated fat: < 10% of calories

iii. Trans fat: zero grams

d. Sugar Limits:

i. No more than 35% of weight from total sugars in foods (excludes sugars naturally occurring in fruits, vegetables, and dairy). For smoothies (made with low-fat yogurt or other low-fat dairy alternatives and/or fruit/juice), yogurt and pudding, no more than 5 grams total sugar (added and naturally occurring) per ounce.

e. Exemptions:

i. Dried/dehydrated fruits or vegetables with no added nutritive sweeteners; or

ii. Dried fruits with nutritive sweeteners for processing and/or palatability; or

iii. Products consisting of only exempt dried fruit with nuts and/or seeds with no added nutritive sweeteners or fats.

f. Food Accompaniments

i. Accompaniments such as cream cheese, sugar, sweeteners, salad dressing, ketchup etc., must be included in the nutrient analysis as part of the food item sold.

ii. This helps control the amount of calories, fat, sugar and sodium added to foods.

3. BEVERAGE Regulations for Mississippi Schools:

The fluid and nutrition needs of young people at school are best met through well- balanced, nutrient-rich school meals provided through Child Nutrition Programs, planned by nutrition professionals following US Department of Agriculture (USDA) guidelines.

Beverages for All Grades:

Beverage	Elementary School (K-5)	Middle School (6-8)	High School (9-12)
Plain Water, Carbonated or not	No Size Limit	No Size Limit	No Size Limit
Low-Fat Milk, Unflavored	[LESS THAN EQUAL TOO] 8oz.	[LESS THAN EQUAL TOO] 12oz.	[LESS THAN EQUAL TOO] 12oz.
Non-Fat Milk, Unflavored or Flavored	[LESS THAN EQUAL TOO] 8oz.	[LESS THAN EQUAL TOO] 12oz.	[LESS THAN EQUAL TOO] 12oz.
100% fruit/vegetable juice	[LESS THAN EQUAL TOO] 8oz.	[LESS THAN EQUAL TOO] 12oz.	[LESS THAN EQUAL TOO] 12oz.

Other Flavored Beverages in High Schools ONLY:

a. Calorie-Free Beverages: Maximum serving size 20 fluid ounces (20 oz.)

i. Calorie -free flavored water, with or without carbonation

ii. Other calorie-free beverages with less than 5 calories per 8 fluid ounces

iii. (8 oz.), or up to 10 calories per 20 fluid ounces

b. Lower Calorie Beverages: Maximum serving size 12 fluid ounces (12 oz.)

i. Up to 60 calories per 12 fluid ounces; or

ii. Up to 40 calories per 8 fluid ounces

4. CAFFEINE:

a. Elementary and Middle School (K-8)

i. Foods and beverages must be caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances.

b. High School (9-12)

i. Coffee and tea may be sold in high schools only; however, if cream and sweetener are offered as accompaniments, the cream and sweetener must be included in the evaluation of the coffee or tea against the beverage standard. The use of accompaniments may be averaged over the number of drinks sold. The other beverage standard in high school permits <60 calories per 12 fl oz; this is the same as <5 calorie per 1 fl oz. If a smaller beverage is served, the calories may not exceed 5 calories per fl oz, for example a 6 fl oz beverage may have no more than 30 calories.

5. VENDING/SNACK Regulations for Mississippi Schools

Schools shall utilize the Healthier Generation Alliance Product Calculator to analyze all food and beverage products before they can to be sold. This calculator is the most accurate tool to use when analyzing products to determine if they meet the Smart Snack Standards for vending products, snack products, entrees, side dishes and beverages.

6. TEACHERS' Lounge Vending:

At least 50 percent of the items sold in staff vending areas/lounges (those inaccessible to students) should meet the Smart Snacks Standards.

7. CULINARY Education Programs

Culinary Education Programs operating in schools participating in the National School Lunch Program (NLSP) and School Breakfast Program (SBP) must follow the same Smart Snack Standards previously mentioned. The Smart Snack standards have no impact on the Culinary Education Programs curriculum in schools nor do they impact foods sold to adults at any time. However, any foods and beverages prepared and sold to students by Culinary Programs, during the school day must meet the same nutrition standards.

RESOURCES:

1. Please visit the MDE Office of Child Nutrition website for additional information.

2. Please visit United States Department of Agriculture (USDA), Food and Nutrition Service website for additional information.

3. Please visit the Healthier Generation, Smart Snacks Alliance Product Calculator website for additional information.

Notes

7 Miss. Code. R. 3-17.10

United States Department of Agriculture (USDA), Food and Nutrition Service (FNS): Federal Law # 7 CFR 210.11 (Revised 09/2022)

Adopted 12/30/2015 Amended 1/5/2023