[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR220.12]



[Page 103-104]

 

                          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.



[[Page 104]]



    (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 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]