6A-7.0411: Responsibilities for the School Food Service Program.
PURPOSE AND EFFECT: The purpose of the rule development is to review the current provisions relating to beverages currently allowed to be sold as well as served at elementary, middle and high schools. The effect is to ensure that students have access to beverages with the most appropriate nutritional value.
SUBJECT AREA TO BE ADDRESSED: Beverages sold and served at public schools.
SPECIFIC AUTHORITY: 1006.06(2) FS.
LAW IMPLEMENTED: 1006.06, 1006.0605, 1006.0606 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 28, 2010, 1:00 p.m. 5:00 p.m.
PLACE: Orlando County Convention Center, Room W306B, 9800 International Drive, Orlando, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lynn Abbott, Agency Clerk, Department of Education lynn.abbott@fldoe.org or (850)245-9661
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
6A-7.0411 Responsibilities for the School Food Service Program.
(1) The Deputy Commissioner for Finance and Operations shall have the following responsibilities:
(a) through (c) No change.
(d) To require that all programs meet at least the minimum standards established by Florida law and rules of the State Board provided, however, that only beverages consistent with the guidelines in paragraph (2)(c) of this rule are served or offered. Provided, however, that under extenuating circumstances and upon written recommendation of the Deputy Commissioner for Finance and Operations, the Commissioner shall have authority to waive any state school food service regulation for a period of time not to exceed six (6) months; provided further, that an extended waiver may be granted based upon evidence that it will contribute to the maintenance of district or school goals. Such an extended waiver shall be for no more than an additional twelve (12) months during which time the district must make periodic reports to the Department as to the impact of the waiver upon the districts food service programs. Based upon positive results the Commissioner may grant further waivers as deemed appropriate.
(e) through (2)(b) No change.
(c) To control the sale of food and beverage items in competition with the district approved food service program. Only the following beverages may be sold in all schools: non-carbonated, bottled water with no additives except for flavor additives; milk with a fat content of one (1) percent or less not to exceed one hundred ten (110) calories per eight (8) ounce serving; and one hundred (100) percent fruit juice with no added sweeteners or other additives. In addition, the following beverages may be sold in high schools only: beverages with no more than ten (10) calories, no more than thirty (30) milligrams of caffeine per eight (8) ounces, any added vitamins, minerals or supplements may not exceed one hundred (100) percent of Dietary Reference Intakes (DRI) guidelines per eight (8) ounce serving; for containers larger than eight (8) ounces the total vitamins, minerals or supplements per container may not exceed one hundred (100) percent of DRI guidelines. The container size for beverages that have calories may not exceed eight (8) ounces for elementary schools, ten (10) ounces for middle schools, and twelve (12) ounces for high schools. In addition, sports drinks containing no more than sixty (60) calories, fifteen (15) grams of sugar, one hundred fifty (150) milligrams of sodium, and thirty (30) milligrams of caffeine per eight (8) ounce serving may be consumed by middle and high school student athletes immediately before, during or after practice or competition. None of the beverages permitted in this section may be sold in the food service areas during the lunch periods, including those classified as foods of minimal nutritional value, listed in Code of Federal Regulations 210, Appendix B. These items may be sold in secondary schools only, with the approval of the school board, one (1) hour following the close of the last lunch period. A school board may allow the sale of carbonated beverages to students in high schools by a school activity or organization authorized by the principal at all times if a beverage of one hundred (100) percent fruit juice is sold at each location where carbonated beverages are sold. However, carbonated beverages may not be sold where breakfast or lunch is being served or eaten. Non-carbonated beverages, including one hundred (100) percent fruit juice, may be sold at all times during the day at any location. Consideration should be given to allowing only the sale of nutritious food and beverage items which meet at least United States Department of Agriculture dietary guidelines for Americans.
(d) through (4) No change.
Rulemaking Specific Authority 1006.06(2) FS. Law Implemented 1006.06, 1006.0605, 1006.0606 FS. HistoryAmended 3-26-66, 4-17-72, 4-19-73, 10-20-73, Revised 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 10-18-77, 12-11-79, 1-7-81, 7-28-81, 9-23-81, 6-28-83, 10-15-84, 7-10-85, Formerly 6A-7.42, Amended 5-3-88, 5-16-90, 6-30-92, Formerly 6A-7.042, Amended 10-11-99, 1-25-00, Formerly 6-7.042, Amended_________.
