Massachusetts - Competitive foods—MS: Federal requirement

Area: 
Federal Requirement
Policy Type: 
Regulation
Summary: 

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

Code of Massachusetts Regulations 105 CMR 225.100: General Nutrition Standards for Public Schools

A) All competitive foods and beverages sold or provided in public schools shall comply with the nutrition standards of 105 CMR 225.000; provided, however, that:

  • (1) unless otherwise determined by the public school district or board of trustees, 105 CMR 225.000 shall not apply to competitive foods and beverages sold on school grounds beyond 30 minutes after the end of the school day;

  • (2) 105 CMR 225.000 shall apply at all times to competitive foods sold through vending machines;

  • (3) 105 CMR 225.000 shall not apply at any time to competitive foods or beverages sold or provided at booster sales, concession stands and other school-sponsored or school-related fundraisers and events; and

  • (4) 105 CMR 225.000 shall not apply at any time to fresh, frozen, and canned fruits and vegetables with no added ingredients except water, or 100% juice in the case of canned and frozen fruits.

(B) When applying the nutrition standards of 105 CMR 225.000, the food product should be analyzed as a whole, not by the individual ingredients that make up the product.

(C) A packaged item may contain no more than one serving per package.

(D) Public schools shall, in accordance with applicable guidelines of the Department:

  • (1) make readily available plain, potable water to all students during the day, at no cost to the students;

  • (2) offer for sale fresh fruit and non-fried vegetables at any location where food is sold, but not including non-refrigerated vending machines and vending machines dispensing only beverages;

  • (3) make nutrition information available for students for non-prepackaged competitive foods and beverages by August 1, 2013. 105 CMR 225.100(D)(3) shall not apply to the sale or provision of fresh fruits or fresh vegetables;

  • (4) prohibit the use of fryolators in the preparation of competitive foods; and

  • (5) ensure that food preparation and all foods and beverages sold or provided to students meet all applicable state and federal food safety requirements.

(E) To be allowable, a competitive food item must meet all competitive food nutrient standards and:

  • (1) be a grain product that contains 50% or more whole grains by weight or have whole grains as the first ingredient; or

  • (2) have as the first ingredient one of the non-grain major food groups: fruits, vegetables, dairy or protein foods (meat, beans, poultry, seafood, eggs, nuts, seeds, etc.); or

  • (3) be a combination food that contains 1/4 cup of fruit and/or vegetable; and

  • (4) if water is the first ingredient, the second ingredient must be either 105 CMR 225.100(E)(1), (2) or (3).


Code of Massachusetts Regulations 105 CMR 225.100: General Nutrition Standards for Public Schools

A) All competitive foods and beverages sold or provided in public schools shall comply with the nutrition standards of 105 CMR 225.000; provided, however, that:

  • (1) unless otherwise determined by the public school district or board of trustees, 105 CMR 225.000 shall not apply to competitive foods and beverages sold on school grounds beyond 30 minutes after the end of the school day;

  • (2) 105 CMR 225.000 shall apply at all times to competitive foods sold through vending machines;

  • (3) 105 CMR 225.000 shall not apply at any time to competitive foods or beverages sold or provided at booster sales, concession stands and other school-sponsored or school-related fundraisers and events; and

  • (4) 105 CMR 225.000 shall not apply at any time to fresh, frozen, and canned fruits and vegetables with no added ingredients except water, or 100% juice in the case of canned and frozen fruits.

(B) When applying the nutrition standards of 105 CMR 225.000, the food product should be analyzed as a whole, not by the individual ingredients that make up the product.

(C) A packaged item may contain no more than one serving per package.

(D) Public schools shall, in accordance with applicable guidelines of the Department:

  • (1) make readily available plain, potable water to all students during the day, at no cost to the students;

  • (2) offer for sale fresh fruit and non-fried vegetables at any location where food is sold, but not including non-refrigerated vending machines and vending machines dispensing only beverages;

  • (3) make nutrition information available for students for non-prepackaged competitive foods and beverages by August 1, 2013. 105 CMR 225.100(D)(3) shall not apply to the sale or provision of fresh fruits or fresh vegetables;

  • (4) prohibit the use of fryolators in the preparation of competitive foods; and

  • (5) ensure that food preparation and all foods and beverages sold or provided to students meet all applicable state and federal food safety requirements.

(E) To be allowable, a competitive food item must meet all competitive food nutrient standards and:

  • (1) be a grain product that contains 50% or more whole grains by weight or have whole grains as the first ingredient; or

  • (2) have as the first ingredient one of the non-grain major food groups: fruits, vegetables, dairy or protein foods (meat, beans, poultry, seafood, eggs, nuts, seeds, etc.); or

  • (3) be a combination food that contains 1/4 cup of fruit and/or vegetable; and

  • (4) if water is the first ingredient, the second ingredient must be either 105 CMR 225.100(E)(1), (2) or (3).


Code of Massachusetts Regulations 105 CMR 225.200: Specific Nutrition Standards for Competitive Foods in Public Schools

(A) Beverages.

  • (1) Juice.

    • (a) All juice shall be made of 100% fruit or vegetable juice, with no added sugar, and may or may not be diluted with water or carbonated water.

    • (b) Servings of juice shall be no more than eight ounces.

  • (2) Milk and Milk Substitutes.

    • (a) All milk and milk substitutes, which include alternative milk beverages such as lactose-free and soy milk, shall be fat free or low-fat (1% or less).

    • (b) All milk and milk substitutes shall meet the USDA definitions and standards for fluid milk and milk substitutes.

    • (c) Servings of milk and milk substitutes shall be no more than eight ounces.

    • (d) Flavored milk and flavored milk substitutes must be fat free and have no more than 22 grams of sugar per eight ounces.

  • (3) Water. Water shall contain no added sugars, sweeteners or artificial sweeteners, but may contain natural flavorings and/or carbonation.

  • (4) Other Beverages. No beverages other than juice, milk, milk substitutes, and water, as defined in 105 CMR 225.200(A) shall be sold or provided.

(B) Food.

  • (1) Calories. Foods shall not exceed 350 calories for entree items (including accompaniments) or 200 calories for side or snack dish items (including accompaniments).

  • (2) Fat. No food shall contain more than 35% of its total calories from fat, except as provided in 105 CMR 225.200(B)(4).

  • (3) Saturated Fat. No food shall contain more than 10% of its total calories from saturated fat, except as provided in 105 CMR 225.200(B)(5).

  • (4) Exceptions to Standards on Fat Content. Regardless of the limits established above in 105 CMR 225.200(B) for fat content, schools may provide or sell up to one ounce of nuts, seeds, nut/seed butters, reduced fat cheese, part-skim mozzarella, or products that consist of only dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat. Additionally, schools may provide or sell seafood with no added fat. No other combination products are exempt from the fat standard.

  • (5) Exceptions to Standards on Saturated Fat Content. Regardless of the limits established above in 105 CMR 225.200(B) for saturated fat content, schools may provide or sell up to one ounce of nuts, seeds, nut/seed butters, reduced fat cheese, part-skim mozzarella, or products that consist of only dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat. No other combination products are exempt from the saturated fat standard.

  • (6) Trans Fat. All foods shall be trans fat-free.

  • (7) Sugar. No food shall contain more than 35% of its weight from total sugars; provided, however, that a public school may provide or sell:

    • (a) Fresh, frozen and canned fruits/vegetables with no added sweeteners except for fruits packed in 100% juice;

    • (b) Products consisting of only dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat; and

    • (c) Dried whole fruits/vegetables, dried whole fruit/vegetable pieces, dried dehydrated fruits/vegetables with no added nutritive sweeteners, and dried fruits with nutritive sweeteners that are required for processing and/or palatability purposes, i.e., cranberries, tart cherries, and blueberries.

  • (8) Sodium. No food shall contain more than 200 mg of sodium per item, with the exception of a la carte entrees, which shall not contain more than 480 mg of sodium per item.

  • (9) Grains. All bread and other grain-based products shall be comprised of whole grains.

(C) Food and Beverages.

  • (1) Artificial Sweeteners. No food or beverage shall contain an artificial sweetener.

  • (2) Caffeine. No food or beverage shall contain more than trace amounts of caffeine.

  • (3) Accompaniments. All accompaniments must be included in the nutrient profile as a part of the item served.


Code of Massachusetts Regulations 105 CMR 225.200: Specific Nutrition Standards for Competitive Foods in Public Schools

(A) Beverages.

  • (1) Juice.

    • (a) All juice shall be made of 100% fruit or vegetable juice, with no added sugar, and may or may not be diluted with water or carbonated water.

    • (b) Servings of juice shall be no more than eight ounces.

  • (2) Milk and Milk Substitutes.

    • (a) All milk and milk substitutes, which include alternative milk beverages such as lactose-free and soy milk, shall be fat free or low-fat (1% or less).

    • (b) All milk and milk substitutes shall meet the USDA definitions and standards for fluid milk and milk substitutes.

    • (c) Servings of milk and milk substitutes shall be no more than eight ounces.

    • (d) Flavored milk and flavored milk substitutes must be fat free and have no more than 22 grams of sugar per eight ounces.

  • (3) Water. Water shall contain no added sugars, sweeteners or artificial sweeteners, but may contain natural flavorings and/or carbonation.

  • (4) Other Beverages. No beverages other than juice, milk, milk substitutes, and water, as defined in 105 CMR 225.200(A) shall be sold or provided.

(B) Food.

  • (1) Calories. Foods shall not exceed 350 calories for entree items (including accompaniments) or 200 calories for side or snack dish items (including accompaniments).

  • (2) Fat. No food shall contain more than 35% of its total calories from fat, except as provided in 105 CMR 225.200(B)(4).

  • (3) Saturated Fat. No food shall contain more than 10% of its total calories from saturated fat, except as provided in 105 CMR 225.200(B)(5).

  • (4) Exceptions to Standards on Fat Content. Regardless of the limits established above in 105 CMR 225.200(B) for fat content, schools may provide or sell up to one ounce of nuts, seeds, nut/seed butters, reduced fat cheese, part-skim mozzarella, or products that consist of only dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat. Additionally, schools may provide or sell seafood with no added fat. No other combination products are exempt from the fat standard.

  • (5) Exceptions to Standards on Saturated Fat Content. Regardless of the limits established above in 105 CMR 225.200(B) for saturated fat content, schools may provide or sell up to one ounce of nuts, seeds, nut/seed butters, reduced fat cheese, part-skim mozzarella, or products that consist of only dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat. No other combination products are exempt from the saturated fat standard.

  • (6) Trans Fat. All foods shall be trans fat-free.

  • (7) Sugar. No food shall contain more than 35% of its weight from total sugars; provided, however, that a public school may provide or sell:

    • (a) Fresh, frozen and canned fruits/vegetables with no added sweeteners except for fruits packed in 100% juice;

    • (b) Products consisting of only dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat; and

    • (c) Dried whole fruits/vegetables, dried whole fruit/vegetable pieces, dried dehydrated fruits/vegetables with no added nutritive sweeteners, and dried fruits with nutritive sweeteners that are required for processing and/or palatability purposes, i.e., cranberries, tart cherries, and blueberries.

  • (8) Sodium. No food shall contain more than 200 mg of sodium per item, with the exception of a la carte entrees, which shall not contain more than 480 mg of sodium per item.

  • (9) Grains. All bread and other grain-based products shall be comprised of whole grains.

(C) Food and Beverages.

  • (1) Artificial Sweeteners. No food or beverage shall contain an artificial sweetener.

  • (2) Caffeine. No food or beverage shall contain more than trace amounts of caffeine.

  • (3) Accompaniments. All accompaniments must be included in the nutrient profile as a part of the item served.


Code of Massachusetts Regulations 105 CMR 225.003: Definitions

A la Carte Entree means a single food or combination of foods offered as a main course or central focus of a meal, generally a protein source.

Artificial Sweeteners means substances added to food or beverages to provide a sweet taste while providing few or no additional calories, including aspartame, sucralose, acesufame-K, neotame, sugar alcohols and saccharin.

Competitive Foods or Beverages means all foods or beverages sold or provided in:

  • (1) a la carte lines in school cafeterias;

  • (2) school stores;

  • (3) school snack bars;

  • (4) vending machines; and

  • (5) any other locations in public schools; provided, however, that competitive foods or beverages shall not include foods sold or provided as part of the School Breakfast Program, the School Lunch Program and the Child and Adult Care Food Program of the United States Department of Agriculture; provided further, that competitive foods or beverages shall not include non-sweetened carbonated water.

Fresh means fresh, frozen, dried or canned without added sugar, fat, or sodium, for the purpose of 105 CMR 225.000.

Grain-based Products means food products in which the primary ingredient is grain, including pasta, crackers, granola bars, chips and bakery items.

Item means one serving of a product.

Low-fat means three grams or less per Reference Amount Customarily Consumed (RACC) standards established by the federal Food and Drug Administration.

Natural Flavorings means the essential oil, oleoresin, essence or extractive, protein hydroplysate, distillate, or any product of roasting, heating or enzymolysis, which contains the flavoring constituents derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf or similar plant material, meat, seafood, poultry, eggs, dairy products, or fermentation products thereof, whose significant function in food is flavoring rather than nutritional.

Nutrition Standards means the minimum standards for beverage and food nutrition established in 105 CMR 225.000.

Public School means an elementary, middle, high, charter, innovation or comparable school operated by a public school district or board of trustees pursuant to M.G.L. c. 71.

Reduced Fat means at least 25% less fat per Reference Amount Customarily Consumed (RACC) than an appropriate reference food.

School Day means the hours of the day that students must attend school.

Sweetener means a substance derived from a natural product that is added to food or beverages to provide a sweet taste. Such a substance may be nutritive or nonnutritive. A nutritive sweetener may be either naturally occurring, such as honey, or refined from plants, such as sugar from sugar cane. Nonnutritive sweeteners include products that may be regarded as natural.

Trans Fat-free means zero grams of trans fat per portion as packaged (</= 0.5 g per portion), or as otherwise specified by the federal Food and Drug Administration.

Whole Grains means grains or the foods made from them that contain all the essential parts and naturally occurring nutrients of the entire grain seed. If the grain has been processed, the food product should deliver approximately the same balance of nutrients found in the original grain seed. For purposes of 105 CMR 225.000, whole grain should be the primary ingredient by weight (i.e., whole grain listed first in the ingredient statement).

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