Colorado - Competitive foods—MS: Federal requirement

Area: 
Federal Requirement
Policy Type: 
statute; regulation
Summary: 

State law requires nutrition standards for food and beverages sold outside of school meals programs that do not meet Smart Snacks.

C.R.S. 22-32-136.3

(2) On and after September 1, 2013, a public school shall not:

  • (a) Make available to a student any food or beverage that contains any amount of industrially produced trans fat; or
  • (b) Use a food that contains any industrially produced trans fat in the preparation of a food item or beverage that is intended for consumption by a student.

C.R.S. 22-32-134.5

(2) (a) On or before November 15, 2008, the state board of education shall promulgate rules describing beverages that school districts and schools may permit to be sold to students. Each beverage described by the rules shall satisfy minimum nutritional standards for beverages, which standards are science-based and established by a national organization that:

  • (I) Establishes and promotes minimum nutritional standards for beverages served to students in schools; and
  • (II) Has set forth a memorandum of understanding between various interested entities, including representatives of the beverage industry, which memorandum of understanding sets forth guidelines for policies concerning beverages that school districts and schools may permit to be sold to students.

(b) On or before November 15, 2008, the state board of education shall promulgate rules describing specific events occurring outside of the regular and extended school day, including but not limited to extracurricular competitions and performances, at which a school district or school may permit to be sold to students beverages other than the beverages described by the rules promulgated by the state board pursuant to paragraph (a) of this subsection (2).


1 CCR 301-79

4.01 The beverage policies adopted by district boards of education and the state of charter school institute pursuant to Section 3.0 may permit the sale of beverages to students on school grounds during both the regular and extended school day if those beverages meet the United States Department of Agriculture (USDA)'s current regulations for nutrition standards for beverages sold in schools.
Source: Colorado Secretary of State

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