[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR220.12]

[Page 104-105]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 220--SCHOOL BREAKFAST PROGRAM--Table of Contents
 
Sec. 220.12  Competitive food services.

    (a) State agencies and School Food Authorities shall establish such 
rules or regulations as are necessary to control the sale of foods in 
competition with breakfasts served under the Program. Such rules or 
regulations shall prohibit the sale of foods of minimal nutritional 
value, as listed in appendix B of this part, in the food service areas 
during the breakfast periods. The sale of other competitive foods may, 
at the discretion of the State agency and the School Food Authority, be 
allowed in the food service area during the breakfast period only if all 
income from the sale of such foods accrues to the benefit of the 
nonprofit school food service or the school or student organizations 
approved by the school. State agencies and School Food Authorities may 
impose additional restrictions on the sale of and income from all foods 
sold at any time throughout schools participating in the School 
Breakfast Program.
    (b)(1) Any person may submit a petition to FNS requesting that an 
individual food be exempted from a category of foods of minimal 
nutritional value listed in appendix B. In the case of artificially 
sweetened foods, the petition must include a statement of the percent of 
RDI for the eight nutrients listed in Sec. 220.2(i-1) that the food 
provides per serving and the petitioner's source of this information. In 
the case of all other foods, the petition must include a statement of 
the percent of RDI for the eight nutrients listed in Sec. 220.2(i-1) 
that the food provides per serving and per 100 calories and the 
petitioner's source of this information. The Department will determine 
whether or not the individual food is a food of minimal nutritional 
value as defined Sec. 220.2(i-1), and will inform the petitioner in 
writing of such determination, and the public by notice in the Federal 
Register as indicated under paragraph (b)(3) of this section. In 
determining whether an individual food is a food of minimal nutritional 
value, discrete nutrients added to the food will not be taken into 
account.
    (2) Any person may submit a petition to FNS requesting that foods in 
a particular category of foods be classified as foods of minimal 
nutritional value as defined in Sec. 220.2(i-1). The petition must 
identify and define the food category in easily understood language, 
list examples of the foods contained in the category and include a list 
which the foods in that category usually contain. If, upon review of the 
petition, the Department determines that the foods in that category 
should not be classified as foods of minimal nutritional value, the 
petitioner will be so notified in writing. If upon review of the 
petition, the Department determines that there is a substantial 
likelihood that the foods in that category should be classified as foods 
of minimal nutritional value as defined in Sec. 220.2(i-1), the 
Department shall at that time inform the petitioner. In addition, the 
Department shall publish a proposed rule restricting the sale of the 
foods in that category, setting forth the reasons for this action, and 
soliciting public comments. On the basis of comments received within 60 
days of publication of the proposed rule and other available 
information, the Department will determine whether the nutrient 
composition of the foods indicates that the category should be 
classified as a category of foods of minimal nutritional value.

The petitioner shall be notified in writing and the public shall be 
notified of the Department's final determination upon publication in the 
Federal Register as indicated under section (b)(3) of this section.
    (3) By May 1 and November 1 of each year, the Department shall amend 
appendix B to exclude those individual foods identified under paragraph 
(b)(1) of this section, and to include those categories of foods 
identified under

[[Page 105]]

paragraph (b)(2) of this section, Provided That there are necessary 
changes.

(Sec. 819, Pub. L. 97-35, 95 Stat. 533 (42 U.S.C. 1759a, 1773 and 1757))

[Amdt. 32, 45 FR 6771, Jan. 29, 1980, as amended by Amdt. 34, 45 FR 
76937, Nov. 21, 1980; 50 FR 20547, May 17, 1985; 59 FR 23614, May 6, 
1994]