Ohio - Competitive foods—MS: Federal requirement

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

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

Ohio Administrative Code 3301-91-09 Guidance for approving food to be sold in schools.

To comply with section 3313.814 of the Revised Code, each school district board of education and chartered nonpublic school governing authority shall adopt and enforce standards that shall be used as the basis for approving all food and beverages to be sold in schools and establishing a time and place for such approved food and beverages to be sold. Such standards shall comply with sections 3313.816 and 3313.817 of the Revised Code, but nothing in this rule shall prohibit the standards from being more restrictive than otherwise required by those sections. The following criteria may be used as guidance for establishing standards:
(A) Consider the nutritional value of each food or beverage. The types of food and beverages sold in schools shall be determined as to their potential to contribute significantly to the daily nutritional needs of children and to enhance the school district's nutrition philosophy and nutrition education curriculum.
(B) Establish the time of day and place for sale of food and beverages. The time of day and place for the sale of food and beverages to students shall be consistent with the nutrient intake needs and eating patterns of students and compatible with class schedules for schools within the district and comply with sections 3313.814, 3313.816, and 3313.817 of the Revised Code. Separate standards may be established for the types of food and beverages to be sold to staff members.


Ohio Revised Code 3313.814 Standards governing types of foods and beverages sold on school premises.

(B) Each school district board of education and each chartered nonpublic school governing authority shall adopt and enforce nutrition standards governing the types of food and beverages that may be sold on the premises of its schools, and specifying the time and place each type of food or beverage may be sold.

  • (1) In adopting the standards, the board or governing authority shall do all of the following:
    • (a) Consider the nutritional value of each food or beverage;
    • (b) Consult with a dietitian licensed under Chapter 4759. of the Revised Code, a dietetic technician registered by the commission on dietetic registration, or a school nutrition specialist certified or credentialed by the school nutrition association. The person with whom the board or governing authority consults may be an employee of the board or governing authority, a person contracted by the board or governing authority, or a volunteer, provided the person meets the requirements of this division.
    • (c) Consult the dietary guidelines for Americans jointly developed by the United States department of agriculture and the United States department of health and human services and, to the maximum extent possible, incorporate the guidelines into the standards.

Ohio Revised Code 3313.816 Sale of a la carte beverage items.

No public or chartered nonpublic school shall permit the sale of a la carte beverage items other than the following during the regular and extended school day:
(A) For a school in which the majority of grades offered are in the range from kindergarten to grade four:

  • (1) Water;
  • (2) Milk;
  • (3) Eight ounces or less of one hundred per cent fruit juice, or a one hundred per cent fruit juice and water blend with no added sweeteners, that contains not more than one hundred sixty calories per eight ounces.

(B) For a school in which the majority of grades offered are in the range from grade five to grade eight:

  • (1) Water;
  • (2) Milk;
  • (3) Ten ounces or less of one hundred per cent fruit juice, or a one hundred per cent fruit juice and water blend with no added sweeteners, that contains not more than one hundred sixty calories per eight ounces.

(C) For a school in which the majority of grades offered are in the range from grade nine to grade twelve:

  • (1) Water;
  • (2) Milk;

Ohio Revised Code 3313.816 Sale of a la carte beverage items.

  • (3) Twelve ounces or less of one hundred per cent fruit juice, or a one hundred per cent fruit juice and water blend with no added sweeteners, that contains not more than one hundred sixty calories per eight ounces;
  • (4) Twelve ounces or less of any beverage that contains not more than sixty-six calories per eight ounces;
  • (5) Any size of a beverage that contains not more than ten calories per eight ounces, which may include caffeinated beverages and beverages with added sweeteners, carbonation, or artificial flavoring.

(D) Each public and chartered nonpublic school shall require at least fifty per cent of the a la carte beverage items, other than milk, available for sale from each of the following sources during the regular and extended school day to be water or other beverages that contain not more than ten calories per eight ounces:

  • (1) A school food service program;
  • (2) A vending machine located on school property that does not sell only milk or reimbursable meals;
  • (3) A store operated by the school, a student association, or other school-sponsored organization.

Ohio Revised Code 3313.817 A la carte foods; determination of nutritional value; software.

(A) When the department of education is able to obtain free of charge computer software for assessing the nutritional value of foods that does all of the following, the department shall make that software available free of charge to each public and chartered nonpublic school:

  • (1) Rates the healthiness of foods based on nutrient density;
  • (2) Assesses the amount of calories, total fat, saturated fat, trans fat, sugar, protein, fiber, calcium, iron, vitamin A, and vitamin C in each food item;
  • (3) Evaluates the nutritional value of foods based on the dietary guidelines for Americans jointly developed by the United States department of agriculture and United States department of health and human services as they pertain to children and adolescents.

(B) Each public and chartered nonpublic school shall use the software provided by the department under this section to determine the nutritional value of each a la carte food item available for sale at the school.

(C) When the department provides software under this section, each public and chartered nonpublic school shall comply with all of the following requirements:

  • (1) No a la carte food item shall be in the lowest rated category of foods designated by the software.
  • (2) In the first school year in which the school is subject to this section, at least twenty per cent of the a la carte food items available for sale from each of the following sources during the regular and extended school day shall be in the highest rated category of foods designated by the software and in each school year thereafter, at least forty per cent of the a la carte food items available for sale from each of the following sources during the regular and extended school day shall be in that category:

Ohio Revised Code 3313.817 A la carte foods; determination of nutritional value; software.

(A)(2)(a) A school food service program;

  • (b) A vending machine located on school property;
  • (c) A store operated by the school, a student association, or other school-sponsored organization.

(3) Each a la carte food item that is not in the highest rated category of foods designated by the software shall meet at least two of the following criteria:

  • (a) It contains at least five grams of protein.
  • (b) It contains at least ten per cent of the recommended daily value of fiber.
  • (c) It contains at least ten per cent of the recommended daily value of calcium.
  • (d) It contains at least ten per cent of the recommended daily value of iron.
  • (e) It contains at least ten per cent of the recommended daily value of vitamin A.
  • (f) It contains at least ten per cent of the recommended daily value of vitamin C.

(D) As an alternative to complying with division (C) of this section, a public or chartered nonpublic school may comply with the most recent guidelines for competitive foods issued by the alliance for a healthier generation with respect to the sale of a la carte food items.

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