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					Oregon School Nutrition Standards - ORS 336.423
Frequently Asked Questions                                        March 10, 2010

1. What is ORS 336.423?
        A: In 2007 the Oregon Legislature passed House Bill 2650. This bill became
        Oregon Revised Statute 336.423. The law defines the nutrient standards for
        foods sold individually at all K-12 public schools in Oregon effective July 1,
        2009. The law does not impact foods sold as part of the National School Lunch
        Program or the School Breakfast Program. The text of the law is located at:
                http://www.leg.state.or.us/ors/336.html
        Scroll down to section 336.423. This law is referred to as the Oregon School
        Nutrition Standards (OSNS) and is administered by the Child Nutrition Program
        Department of the Oregon Department of Education.

2. What are the National School Lunch Program and the School
   Breakfast Program?
       A: The National School Lunch Program (NSLP) and the School Breakfast
       Program (SBP) are federally funded and regulated meal programs for children in
       schools. Each program defines a specific meal and regulates the foods that may be
       served. Individual district food service departments prepare and serve the meals.
       The Federal Government subsidizes the cost of these meals dependent upon
       individual family income levels. The OSNS do not apply to meals or snacks
       served as part of NSLP or SBP.

3. Does the law impact all schools including private schools and
   charter schools, or RCCI’s ?
        A: The law is in force for all public schools and charter schools. The law does
        not impact private schools or RCCI’s.

4. How does this law effect food sales in schools?
        A: The law restricts the individual sale of all food and beverages sold to any
        person in a public school teaching grades kindergarten through 12th grade to
        those meeting the OSNS. This includes all foods sold in the cafeteria, staff
        room, student stores, vending machines, and all other areas not identified as
        exempt.

5. When and where are the standards in force?
        A: The standards are in force on all school property where students attend.
        The standards are in force during the regular and extended school day. The
        extended school day includes anytime the school board is primarily in control of
        the activities. These times include but are not limited to before school and after
        school student club meetings, athletic practices, music practices, and during the
        regular school day.


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       The standards are not in force at an activity where parents and adults are invited
       and they are a significant part of the audience. Examples include sporting
       events, drama performances, and concerts. When adults are present at these
       events any type of food product may be sold.

6. Do the OSNS apply to classroom parties or classroom snacks?
       A: No, classroom parties and classroom snacks not considered sales.

7. Do the OSNS apply to food sales to adults?
       A: All foods sold during the regular and extended school day to adults in
       buildings where students attend classes or participate in activities must be in
       compliance with the OSNS. Each building must follow the nutrition standards
       required for the attending grade level. For example, elementary schools may
       only sell water, milk and 100% juice in 8-ounce servings to staff because those
       are the acceptable beverages to sell to elementary age students. All foods sold to
       adults in buildings where students are not present are not required to comply
       with OSNS.

8. Do the OSNS apply to catering sales?
       A: It depends. Foods sold as part of catered events where adults are the
       intended audience do not need to meet OSNS. Foods served to students as part
       of a catered event when students are not paying for the foods do not need to meet
       OSNS. If students pay for food as part of a catered event then the OSNS must be
       applied.

9. Do the OSNS apply to sales of food for fund-raisers?
       A: If the food products can be eaten immediately when they are sold and if they
       are delivered on school grounds during the regular or extended school day they
       must meet the standards of the OSNS. However, if these products are sold at
       events where parents and adults are a significant part of the audience or sold and
       delivered off of school grounds these products are exempt from OSNS.

10.   Do the OSNS apply to snacks served in before school or
      after school day care?
        A: If the snacks are sold daily on an individual basis they must meet the
        standards of OSNS. If the cost of snacks is included in the day care fees they
        are not considered sales and they are not required to meet the standards of
        OSNS.

11. The law limits products by elementary, middle school and
    high school grade levels. What standards do I follow if my
    school is K-8 or K-12?
        A: Each school follows the standards for the highest grade in the building for
        all students in the building. K-8 schools will follow the standards for schools
        with grades 6, 7, and 8. K-12 schools will follow the standards for high schools.



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12.   What is an entrée?
        A: Entrees are defined by the OSNS as “the primary food in a meal.” District
        food service departments select one of four different menu-planning options for
        NSLP and SBP. Each option defines the products that qualify for an entrée.
        The food service department staff at your individual district will have the
        detailed entrée definition for selling foods at your school. All entrees may not
        be more than 450 calories and may not have more than 4 grams of fat per 100
        calories. Entrees are not limited to single serving portions.

13.   Are the entrée standards the same for all meals?
        A: The entrée definition is the same for all meals and all times of day.

14.   If a student buys a second meal (meeting the NSLP or SBP
      definition of a meal) is that meal exempt or must it meet the
      standards?
        A: The requirements do not apply to food and beverage products sold as a part
        of NSLP or SBP. However, second meals are not reimbursable as defined by
        these programs and are considered individual food sales. Second meals must
        meet the OSNS standards.

15.   What is a snack?
        A: Snacks are foods that generally are considered to be supplementing a meal.
        Examples include chips, crackers, French fries, pastries, donuts, and cookies.
        Beverages and products meeting the entrée definition are not snacks. Snacks
        must meet the standards, and when individually packaged must contain only one
        serving. Bulk products may be sold in any size that meets the nutrient limits of
        the bill.

16.   Which snacks are exempt from having 35% or less sugar by
      weight?
        A. Products that are solely fruits or vegetables are exempt from the sugar by
        weight limit when sold as a snack.

17.   Which snacks are exempt from having 35% or less of their
      calories from fat?
        A: Snacks that contain legumes, nuts, nut butters, seeds, eggs, non-fried
        vegetables and cheese solely may exceed the 35% fat limitation. These products
        must still meet all other standards.

18.   Which snacks are exempt from having 10% or less of their
      calories from saturated fat?
        A: Snacks containing nuts, eggs and cheese solely may exceed the 10%
        saturated fat calorie limit as well as the 35% total fat. They still must meet all
        other standards. Peanuts and peanut butter are legumes and are not exempt
        from the saturated fat limit.


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19.   How do you qualify a mixed product like an almond snack
      mix containing candy? Is it exempt from the fat standards
      because it contains nuts?
        A: To apply the exemption for percentage of calories from fat, percentage of
        calories from saturated fat or percentage of sugar by weight the listed items must
        be served alone, not mixed with any other products unless those products are
        exempt for the same standards. For example:
           Almonds may be sold alone or mixed with other nuts. The mixed nut
            product would be exempt from the fat and saturated fat limits but would
            have to meet all other standards.
           If almonds are mixed with pretzels, fruit bits or candy the combined product
            must meet all of the snack requirements and is no longer exempt from the
            fat standards.

20.   Are all cheeses exempt from fat standards under OSNS?
        A: To be exempt under the OSNS, cheese and cheese sauces must meet the
        definition to qualify as a meat/meat alternate under NSLP or SBP. Qualifying
        cheeses and cheese sauces are described in the Food Buying Guide for Child
        Nutrition Programs, Section 1-23 to Section 1-25. This document may be found
        at:
            http://www.fns.usda.gov/tn/resources/foodbuyingguide.html
        Products labeled cream cheese or light cream cheese are considered “other
        products” do not meet the cheese definition and they are not exempt.

21.   Diet soda pop meets the beverage standards. Can it be
      sold?
        A: No. The Foods of Minimal Nutritional rules are still in force. These rules
        can be located at: https://www.fns.usda.gov/cnd/menu/fmnv.htm
        The rules state schools may not sell soda water, chewing gum, hard candy,
        jellies and gums, marshmallow candies, fondants, licorice, spun candy or candy
        coated popcorn when NSLP or SBP meals are being offered. A list of products
        that are exempt from these rules can be found on the Child Nutrition page on the
        Oregon Deparment of Education web site. These exempt items must still meet
        the OSNS.

22.   What standard is applied to soymilk?
        A: All milk and nutritionally equivalent milk alternatives must follow the milk
        standards as identified in the law.

23.   Are natural or artificial sweeteners allowed?
        A: 100% juice products may not have any added sweeteners. All other
        products may include any type of added sweeteners.




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24.   My district food service department uses food based menu
      planning. How can I figure out if a product qualifies as 2
      breads at breakfast?
        A: Information on calculating bread credit may be found in the Grain/Bread
        section on pages 3-15 and 3-16 in the Food Buying Guide for Child Nutrition
        Programs at the following location:
            http://www.fns.usda.gov/tn/resources/foodbuyingguide.html

25.   How can I determine which products meet the standards?
       A: Power Point presentation explaining the requirements are located as follows?
                General Information – www.?
                Entrée and Beverage Standards – www.?
                Snack Standards – www.?
                Sales by Boosters, Student Stores, Vending and Fund Raisers – www.?
                Information for Vendors and Brokers – www.?
                Technical Details for Foodservice Staff – www.?
                Entrée Calculations – www.?
                Snack Calculations – www.?
                Beverage Calculations – www.?

26. Where do I get the information to fill in the calculation forms?
       A: The Nutrition Facts Label is the source for the data needed to fill in the
       evaluation forms for any item that is served alone. It is more accurate to use the
       calories from fat listed on the label rather than the grams of fat when calculating
       the percentage of total calories from fat. The grams of fat have been rounded and
       may disqualify a product that should qualify.
       When calculating values numbers may not be rounded down. One ounce is equal
       to 28.6 grams.
       All combined products and recipes must be analyzed for nutrients. This can be
       done manually using the National Nutrient Database located at:
                http://www.nal.usda.gov/fnic/foodcomp/search/
       Products may also be analyzed using current updated software.

27. How do I convert grams of carbohydrate, protein and fat to
    calories?
       A: Each gram of carbohydrate and protein contains 4 calories. Each gram of fat
       contains 9 calories.




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28.   How can a product have zero trans fat on the Nutrition Facts
      Label yet still contain partially hydrogenated vegetable oil?
       A: Federal law allows manufacturers to round down any values in a Nutrition
       Facts Label that are less than .5 grams. These values are then reported as a zero.

29.   If I purchase uncooked foods and then deep-fry them how
      do I calculate the amount of fat that has been added?
       A: A definition of the moisture loss and fat loss or gain for products that are
       deep-fried can be found on pages 71 and 72 in the following manual:
       Nutrient Analysis Protocols: How to Analyze Menus for USDA’s School
       Meal Programs
       http://teamnutrition.usda.gov/Resources/nutrientanalysis.html
       Appendix H contains the common moisture and fat change values for purchase
       prepared products that are fried and can be found at this location:
       http://teamnutrition.usda.gov/Resources/NAPappendices.pdf

30. Do I include condiments like salad dressing?
       A: If the condiments are served with the product they must be included in the
       nutrient analysis. If the condiments are offered separately from the product, on a
       condiment-serving bar for example, they are not included in the nutrient analysis.

31. Are there fines if schools are not incompliance?
       A: Each year the school board of the district will determine if the district is
       following the standards of the law. They must report this information to the
       Oregon Department of Education. At the present time, there is no fiscal action if
       a school is not in compliance.

32. Does a drink that is 100% juice mixed with carbonated water
    meet the standards of the bill?
       A: Juices that are diluted with water or carbonated beverages are not considered
       to be 100% juice. They do not qualify under the juice standard and may not be
       sold as juice.
       High schools may sell “other beverages” if they are 12 ounces or less and if they
       contain not more than 66 calories per eight ounces. This is equal to not more than
       8.25 calories per ounce.
       If a product is a mixture of 6 ounce of 100% juice mixed with 2 ounces of
       carbonated water the resulting 8-ounce drink must not have more than 66 calories
       per serving to meet the standard. Several manufacturers are producing these types
       of drinks but most of them exceed the 8.25 calories per ounce standard.

33.   How can I get a question answered that is not here?
        A: Email your question to ode.osns@state.or.us. Questions will be evaluated
        and added to the FAQ’s periodically as appropriate.


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