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In an effort to improve school nutrition environments, the Texas Department of Agriculture (TDA) amended the Food of Minimal Nutritional Value Policy effective August 1, 2003.
The amended FMNV policy has three parts as follows:
- An elementary school campus may not serve or provide access for students to FMNV at any time anywhere on school premises during the school day.
Schools must prevent students from accessing FMNV on school premises. Such food and beverages may not be sold or given away on school premises by the school, school or non-school organizations, teachers, parents, or any other person or group during the school day.
- A middle school campus may not serve or provide access for students to FMNV anywhere on school premises during meal periods (breakfast, lunch and snack.)
- In addition, a middle school campus may not serve or provide access for students to prohibited carbonated beverages with volumes in excess of 12 ounces anywhere on school premises during the school day.
Penalties for Violation of FMNV Policy
The TDA will aggressively enforce and diligently monitor this policy to ensure continued compliance. When violations of this policy are noted the TDA will disallow all meal reimbursement for the day and require the school to reimburse the food service account for the lost reimbursement.
Restricted Foods
The foods that are restricted from sale or distribution to students are classified in these four categories:
- 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.
- Water Ices—any frozen, sweetened water such as "...sicles" and flavored ice with the exception of products that contain fruit or fruit juice.
- Chewing Gum—any flavored products from natural or synthetic gums and other ingredients that form an insoluble mass for chewing.
- Certain Candies—any processed foods made predominantly from sweeteners or artificial sweeteners with a variety of minor ingredients that characterize the following types:
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.
Jellies and Gums—A mixture of carbohydrates that are combined to form a stable gelatinous system of jelly like character and are generally flavored and colored, and include gum drops, jelly beans, jellied and fruit-flavored slices.
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.
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, soft mints.
Licorice—A product made predominantly from sugar and corn syrup that is flavored with an extract made from the licorice root.
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.
Candy Coated Popcorn—Popcorn that is coated with a mixture made predominantly from sugar and corn syrup.
Examples of foods that are restricted from sale and distribution to students include, but are not limited to:
Life Savers, Peppermints, Lemon Drops, Jolly Ranchers, Snow Cones, Cracker Jacks, Skittles, Sprees, Jelly Beans, Marshmallows, Cotton Candy, Gummy Bears, Red Hots, Jaw Breakers, Sours, any carbonated beverage.
Nonrestricted Foods:
Ice cream, ice milk, and water ices that include fruit or fruit juice, chips, candies that contain nuts, peanut butter, caramel, coconut, nougat centers, milk-based fillings or other similar ingredients
Examples of nonrestricted foods: Milky Ways, Hershey, Fritos and other chips, popcorn, etc.
Amended FMNV Policy Questions and Answers:
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Do vending machines have to be relocated or removed from the school? No, the policy does not address vending machines or other methods of service and does not require that schools remove or relocate vending machines. If vending machines are located in an area that is accessible to students they may be re-stocked with more nutritious items, such as water, juice or sports drinks that are not prohibited by the policy.
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May a student bring prohibited FMNV from home? This policy does not address a student bringing such items to school as long as the student is not selling, or providing the items to other students. However, the school is encouraged to prohibit this by local policy.
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Does this policy cover sales or give away by teachers, school organizations or other individuals? Yes, in elementary schools the policy prohibits the sale or give away of prohibited food and beverages by anyone or any organization, anywhere on school premises during the school day. Middle school campuses may not serve or provide access to FMNV anywhere on school premises during meal periods.
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If meals are prepared for student field trips, may FMNV be provided on the bus? No, during a field trip the bus becomes an extension of the school and FMNV may not be made available.
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Does this policy include sports drinks, tea, or other similar beverages? No, the policy only covers prohibited carbonated beverages. Sports drinks, bottled waters, and tea are not carbonated and therefore not covered by the policy.
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