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:
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
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
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
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
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
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
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
16. Which snacks are exempt from having 35% or less sugar by
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
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
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
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
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:
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:
Products may also be analyzed using current updated software.
27. How do I convert grams of carbohydrate, protein and fat to
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
Appendix H contains the common moisture and fat change values for purchase
prepared products that are fried and can be found at this location:
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 email@example.com. Questions will be evaluated
and added to the FAQ’s periodically as appropriate.
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