Foods of Minimal Nutritional Value (FMNV) Policy

Do vending machines have to be relocated or removed from the school? 
No, the policy does not address vending machines or other methods of service and does not require that schools
remove or relocate vending machines. If vending machines are located in an area that is accessible to students
they may be re-stocked with more nutritious items, such as water, juice or sports drinks that are not prohibited
by the policy.

May students bring prohibited FMNV from home?
This policy does not address a student bringing such items to school as long as the student is not selling, or
providing the items to other students. However, the school is encouraged to prohibit this by local policy.

Does this policy cover sales or give away by teachers, school organizations or other individuals?
Yes, in elementary schools the policy prohibits the sale or give away of prohibited food and beverages by anyone
or any organization, anywhere on school premises during the school day. Middle school campuses may not serve
or provide access to FMNV anywhere on school premises during meal periods.

If meals are prepared for student field trips, may FMNV be provided on the bus? 
No, during a field trip the bus becomes an extension of the school and FMNV may not be made available.

Does this policy include sports drinks, tea, or other similar beverages?
No, the policy only covers prohibited carbonated beverages. Sports drinks, bottled waters, and tea are not
carbonated and therefore not covered by the policy.

What would be the restriction in a K-12 school? 
Access to FMNVs for students in grades K-6 would have to be prohibited all times anywhere on schools premises.
Access to FMNVs for students in grades 6-8 would have to be prohibited during meal periods anywhere on school
premises. The school should have a written policy and all students must be informed of the policy.

What would be the restriction in a 7-9th grade school? The FMNV policy for middle school would apply to this
campus (7-9th grade) since the most of the students are in the 7-8 grade range. Therefore the students may not have
access to FMNVs anywhere on campus during meal periods.

May soft drink machines be available for student use on certain days of the week, or certain times of the
day, at teacher discretion, for reward purposes WITH PARENTAL PERMISSION? 
No, parental permission or teacher discretion does not relieve the school from compliance with the FMNV policy. 

May the school nurse give out cough drops to individual students? 
Yes, if the school nurse determines that cough drops are necessary on a case by case basis.

What is the definition of "school day"? 
The school day would be from the start of the first breakfast period until the end of the last class period of the day
(last bell). School activities, athletic functions, etc. that occur after the normal school day are not covered by the
amended FMNV policy.

What is the current FMNV policy for high schools? 
The current policy for high schools has not changed. Therefore, FMNV may not be available in the foodservice areas
during meal periods. Foodservice area is defined as any area where Child Nutrition Program meals (breakfast, lunch
and snacks) are either served or consumed.

We can’t find candy products to sell in our vending machines that meet the 1.5 ounce portion
requirement. Manufacturers are resizing their products, but they will not be available by the beginning
of school. What candy products can we sell in the vending machines in our high schools and junior
high/middle schools?
As a result of extensive analysis and consultation with the medical and nutrition communities, TDA believes that the
appropriate size and weight for candy bars and packaged candy is 1.5 ounces. We have received positive feedback
from major candy and snack food manufacturers who are working on resizing and reformulating their product lines to
be more nutritious and to comply with the Texas policy. However, some currently sold products will not be resized
and available by August 1, 2004.

 To give schools additional flexibility and because of these manufacturers’ cooperative efforts, TDA will allow a
phase-in period of up to one year (August 1, 2005) to implement the candy bar and packaged candy portion size
requirement for candy sold in vending machines. Schools should comply with the nutrition policy’s portion size
requirement as soon as possible, but they may phase in the smaller (1.5 ounce) portion size candy as it becomes
available. However, all schools must comply with this portion size requirement by the beginning of the 2005-06
school year.

Who may sell water and juice to students during the school day?
The intent of the policy is to encourage the availability of plain bottled water and 100 percent fruit and vegetable
juice at any time anywhere on campus. There is no portion size or serving time restriction on non-carbonated,
unflavored, bottled water at any school level. There is no restriction on serving time and location for 100 percent
fruit and vegetable juice; however, the portion size is limited to 12 ounces. It is permissible for the school food
service, school or school-supported organizations to sell plain bottled water and 12-ounce (or smaller) 100 percent
fruit and vegetable juices in vending machines or through other means throughout the school day on all campuses.   

My district provides a snack to elementary students at a minimum cost. Does the policy now require me
to provide that same snack at no cost?
The policy provision allowing a nutritious snack in elementary classrooms should not be interpreted as a requirement
for schools to provide a free snack for students. The provision was intended only to allow a nutrition break for younger
students. If the teacher, parents or other groups provide the snack there should be no charge. If the school food
service provides the snacks we encourage them to be at no cost to the students, but a small fee to cover costs is
permissible