Definition:

FMNV: Foods of Minimal Nutritional Value. Refers to the four categories of
foods and beverages (soda water, water ices, chewing gum, and certain
candies) that are restricted by the U. S. Department of Agriculture under the
child nutrition programs. (See Section VI.)

ELEMENTARY SCHOOLS

Elementary school campuses may not serve or provide access for students to
FMNV and all other forms of candy at any time anywhere on school premises
until the end of the last scheduled class. For exemptions and a listing of foods
and beverages restricted by the FMNV policy, see Section VI (below).
Such foods and beverages may not be sold or given away to students on
school premises by school administrators or staff (principals, coaches,
teachers, etc.), students or student groups, parents or parent groups, or any
other person, company or organization.

MIDDLE/JUNIOR HIGH SCHOOLS

Middle school and junior high school campuses may not serve or provide
access for students to FMNV and all other forms of candy at any time
anywhere on school premises until after the end of the last lunch period. For
exemptions and a listing of foods and beverages restricted by the FMNV
policy, see Section VI (below).

HIGH SCHOOLS

Policy: High schools may not serve or provide access to FMNV
during meal periods in areas where reimbursable meals are served
and/or consumed. For exemptions and a listing of foods and beverages
restricted by the FMNV policy, see Section VI (below).
New contracts and contract renewals executed after March 3, 2004,
must expressly prohibit the sale of sugared, carbonated beverages in
containers larger than 12 ounces.

Goal: It is the Texas Department of Agriculture’s goal that, by the
2005-06 school year, no more than 30 percent of the beverages made
available through vending machines on high school campuses should
be sugared, carbonated soft drinks. Furthermore, it is our goal to limit
sugared, carbonated beverages to containers holding no more than 12
ounces.

Federal regulations prohibit the sale of certain foods, determined to be of minimal
nutritional value, in the foodservice area during meal periods.

Restricted Foods
Foods and beverages that are restricted from sale to students are classified in
the following four categories:
1. Soda Water: Any carbonated beverage. No product shall be exc luded
from this definition because it contains discrete nutrients added to the
food such as vitamins, minerals and protein.
2. Water Ices: Any frozen, sweetened water such as “...sicles” and
flavored ice with the exception of products that contain fruit or fruit
juice.
3. Chewing Gum: Any flavored products from natural or synthetic
gums and other ingredients that form an insoluble mass for chewing.
4. Certain Candies: Any processed foods made predominantly from
sweeteners or artificial sweeteners with a variety of minor ingredients
that characterize the following types:
a) Hard Candy: A product made predominantly from sugar
(sucrose) and corn syrup that may be flavored and colored, and is
characterized by a hard, brittle texture. Includes such items as sour
balls, lollipops, fruit balls, candy sticks, starlight mints, after
dinner mints, jaw breakers, sugar wafers, rock candy, cinnamon
candies, breath mints and cough drops.
b) Jellies and Gums: A mixture of carbohydrates that are combined
to form a stable gelatinous system of jellylike character and are
generally flavored and colored, and include gum drops, jelly beans,
jellied and fruit-flavored slices.
c) Marshmallow Candies: An aerated confection composed of
sugar, corn syrup, invert sugar, 20 percent water, and gelatin or
egg white to which flavors and colors may be added.
d) Fondant: A product consisting of microscopic-sized sugar
crystals that are separated by a thin film of sugar and/or invert
sugar in solution such as candy corn or soft mints.

FMNV and Policy Exemptions
1. School Nurses: This policy does not apply to school nurses using
FMNVs during the course of providing health care to individual
students.
2. Accommodating Students with Special Needs: Special Needs
Students whose Individualized Education Program (IEP) plan indicates
the use of an FMNV or candy for behavior modification (or other
suitable need) may be given FMNV or candy items.
3. School Events: Students may be given FMNV, candy items or other
restricted foods during the school day for up to three different events
each school year to be determined by campus. The exempted events
must be approved by a school official. During these events, FMNV
may not be given during meal times in the areas where school meals
are being served or consumed, and regular meal service (breakfast and
lunch) must continue to be available to all students in accordance with
federal regulations.
4. TAKS Test Days: Schools and parents may provide one additional
nutritious snack per day for students taking the TAKS tests. The snack
must comply with the fat and sugar limits of the Public School
Nutrition Policy and may not contain any foods of minimal nutritional
value or consist of candy, chips or dessert type items (cookies, cakes,
cupcakes, pudding, ice cream or frozen desserts, etc.). Please refer to
the attached revised suggestions for nutritious snack
5. Instructional Use of Food in Classroom: For instructional purposes,
teachers may use foods as long as the food items are not considered
FMNV or candy. Students may consume food prepared in class for
instructional purposes. However, this should be on an occasional basis,
and food may not be provided or sold to other students or classes.
Food provided for students as part of a class or school cultural heritage
event for instructional or enrichment purposes would be exempt from
the policy. However, FMNV may not be served during meal periods in
the areas where school meals are being served or consumed, and
regular meal service (breakfast and lunch) must continue to be
available to all students.
6. Field Trips: School-approved field trips are exempt from the
nutrition policy. A school official must approve the dates and purposes
of the field trips in adva nce.
7. Athletic, UIL, Band and Other Competitions: The nutrition policy
does not apply to students who leave campus to travel to athletic, UIL,
band or other competitions. The school day is considered to have
ended for these students. School activities, athletic functions, etc. that
occur after the normal school day are not covered by the policy.