Section 305.15  Sale of Foods and Beverages in Participating Schools

a)         Each participating school shall adhere to the following requirements for the sale of foods and beverages to students in grade 8 or below before school and during the regular school day.

1)         Beverages sold to students shall include only:

A)        flavored or plain whole, reduced fat (2 percent), low-fat (1 percent), or nonfat fluid milk that meets State and local standards for pasteurized fluid milk;

B)        reduced fat and enriched alternative dairy beverages (i.e., rice, nut, or soy milk, or any other alternative dairy beverage approved by the U.S. Department of Agriculture (USDA));

C)        fruit and vegetable drinks containing 50 percent or more fruit or vegetable juice;

D)        water (non-flavored, non-sweetened, and non-carbonated);

E)         fruit smoothie (yogurt or ice based) that contains less than 400 calories and no added sugars, and is made from fresh or frozen fruit or fruit drinks that contain at least 50 percent fruit juice; and

F)         any beverage exempted from the USDA's list of Foods of Minimal Nutritional Value (see 7 CFR 210.11(a)(2) and 220.2(i-1) (2008)).  The State Board of Education shall notify participating schools of these exemptions in January of each year; updates to the exemption list shall be provided within 10 calendar days after the State Board receives notification of any updates from USDA.

2)         Food sold to students outside of food service areas or within food service areas other than during meal periods shall include only:

A)        nuts, seeds, nut butters, eggs, cheese packaged for individual sale, fruits or non-fried vegetables, or low-fat yogurt products; or

B)        any food item whose:

i)          total calories from fat do not exceed 35 percent;

ii)         total calories from saturated fat do not exceed 10 percent;

iii)         total amount of sugar by weight does not exceed 35 percent; and

iv)        calories do not exceed 200.

b)         None of the requirements of subsection (a) of this Section shall apply to any food or beverage item sold to students as part of a reimbursable meal or to foods sold within food service areas during meal periods.

c)         None of the requirements of subsection (a) of this Section shall apply to any food or beverage item sold to a student who presents a written recommendation for that food or beverage item signed by a physician licensed under the Medical Practice Act of 1987 [225 ILCS 60] to practice medicine in all of its branches.

d)         If a participating school serves students in both grades 8 and below and students in grades 9 and above, then the participating school shall ensure that food and beverage sales to students in grades 8 and below meet the requirements of this Section.

e)         All revenue from the sale of any food or beverage sold in competition with the School Breakfast Program or National School Lunch Program to students in the food service areas during the meal period shall accrue to the nonprofit school lunch program account.

f)          Any participating schools in which classes of grades 5 and below are operating shall prohibit the sale to students of all confections, candy and potato chips during meal periods.

(Source:  Amended at 32 Ill. Reg. 17603, effective October 23, 2008)