Oregon - Competitive foods—ES: Federal requirement

Area: 
Federal Requirement
Policy Type: 
Statute
Summary: 

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

Oregon Revised Statutes 336.423 Standards for food and beverages sold to students in schools; exceptions; compliance.

(3) The following shall apply to all food sold to students in a school during the times described in subsection (5)(a) of this section:

  • (a) A snack item may be sold only in a single-serving size and:
    • (A) May not have more than 35 percent of the total calories from fat. This requirement does not apply to snack items that are legumes, nuts, nut butters, seeds, seed butters, eggs, nonfried vegetables and cheese.
    • (B) May not have more than 10 percent of the total calories from saturated fat. This requirement does not apply to snack items that are nuts, nut butters, seeds, seed butters, eggs and cheese.
    • (C) May not contain more than 35 percent sugar by weight. This requirement does not apply to fruit and vegetables.
    • (D) May not contain more than 0.5 grams of trans fat per serving.
    • (E) May not contain more than 150 total calories if sold in a school in which the highest grade level in the school is grade 5 or less.
    • (F) May not contain more than 180 total calories if sold in a school in which the highest grade level in the school is grade 6, 7 or 8.
    • (G) May not contain more than 200 total calories if sold in a school in which the highest grade level in the school is grade 9, 10, 11 or 12.

Oregon Revised Statutes 336.423 Standards for food and beverages sold to students in schools; exceptions; compliance.

(4) The following shall apply to all beverages sold to students in a school during the times described in subsection (5)(a) of this section:

  • (a) If the beverage is sold in a school in which the highest grade level in the school is grade 5 or less, the beverage may not contain caffeine and may be only:
    • (A) Water.
    • (B) Fruit or vegetable juice, provided the beverage item is not more than eight ounces, is 100 percent juice or 100 percent juice diluted with water, has no added sweeteners and contains no more than 120 calories per eight ounces.
    • (C) Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than eight ounces, is fat free or low fat and, if flavored, contains no more than 150 calories per eight ounces.
  • (b) If the beverage is sold in a school in which the highest grade level in the school is grade 6, 7 or 8, the beverage may not contain caffeine and may be only:
    • (A) Water.
    • (B) Fruit or vegetable juice, provided the beverage item is not more than 10 ounces, is 100 percent juice or 100 percent juice diluted with water, has no added sweeteners and contains no more than 120 calories per eight ounces.
    • (C) Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than 10 ounces, is fat free or low fat and, if flavored, contains no more than 150 calories per eight ounces.
  • (c) If the beverage is sold in a school in which the highest grade level in the school is grade 9, 10, 11 or 12, the beverage may be only:
    • (A) Water.
    • (B) Flavored water, provided the beverage item is not more than 20 ounces and contains no calories.
    • (C) Fruit or vegetable juice, provided the beverage item is not more than 12 ounces, is 100 percent juice or 100 percent juice diluted with water, has no added sweeteners and contains no more than 120 calories per eight ounces.
    • (D) Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than 12 ounces, is fat free or low fat and, if flavored, contains no more than 150 calories per eight ounces.
    • (E) A beverage item that is not more than 20 ounces and contains no more than 0.5 calories per ounce.
    • (F) A beverage item that is not more than 12 ounces and contains no more than five calories per ounce.
Policy Links: