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 Standard 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 Standard shall comply with sections 3313.816 and 3313.817 of the Revised Code, but nothing in this rule shall prohibit the Standard from being more restrictive than otherwise required by those sections. The following criteria may be used as guidance for establishing Standard: (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 Standard may be established for the types of food and beverages to be sold to staff members.

(B) Each school district board of education and each chartered nonpublic school governing authority shall adopt and enforce nutrition Standard 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 Standard, 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 Standard.

• (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.

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;

(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.