Competitive Foods in Schools

HFC Public Schools

The federal and state laws for competitive foods below apply to all Connecticut public schools that participate in the U.S. Department of Aquiculture's (USDA) National School Lunch Program (NSLP) and choose the healthy food option of Healthy Food Certification (HFC) under Section 10-215f of the Connecticut General Statutes (C.G.S.).

State Laws

Federal (USDA) Laws

The sections below describe each law and provide guidance and resources on how these requirements apply to different sources of foods and beverages.


Overview of Requirements  |   Healthy Food Certification  |   Connecticut Nutrition Standards
Beverages  |   Nutritious Low-fat Foods  |   Connecticut Competitive Foods Regulations
Revenue from Nonprogram Foods  |   School Wellness Policy
Smart Snacks  |   Resources


Overview of Requirements

Healthy Food Certification (C.G.S. Section 10-215f)

This state statute requires that each board of education or governing authority for all public schools participating in the National School Lunch Program (NSLP) must certify annually to the CSDE whether the district will follow the Connecticut Nutrition Standards (CNS). Districts may choose whether they will or will not comply with the CNS but must certify each year (refer to "Annual HFC Application" on the CSDE's HFC webpage).

Connecticut Nutrition Standards (C.G.S. Section 10-215e)

For HFC schools, the CNS applies to all foods available for sale to students on school premises separately from reimbursable meals and all foods served in the ASP, at all times. Foods that do not comply with the CNS cannot be sold to students on school premises unless the sales meet the food exemption criteria of the state HFC statute.

Beverages (C.G.S. Section 10-221q)

The state beverage statute applies to all beverages available for sale to students on school premises at all times, including beverages sold as part of and separately from reimbursable meals and ASP snacks. at all times. Beverages that do not comply with the state beverage statute (such as juice drinks, soda, coffee, tea, hot chocolate, sports drinks, and sweetened water) cannot be sold to students on school premises unless the sales meet the beverage exemption criteria of the state beverage statute. 

Nutritious Low-fat Foods (C.G.S. 10-221p)

This state statute requires that whenever foods are available for sale to students during the school day, nutritious and low-fat foods must also be available for sale at the same time, either at the location of the food sales or elsewhere in the school. The statute defines “nutritious and low-fat foods” as low-fat dairy foods (such as low-fat cheese and low-fat or nonfat yogurt) and fresh or dried fruit. 

Connecticut Competitive Foods Regulations
(Sections 10-215b-1 and 10-215b-23)

During the period from 30 minutes before up through 30 minutes after the operation of any Child Nutrition Programs, the state competitive foods regulations restrict selling and giving candy, coffee, tea, and soft drinks to students and regulate the accrual of income from all foods and beverages sold to students anywhere on school premises. Note: The stricter requirements of the CNS and state beverage statute supersede this timeframe. Refer to the guidance documents for different sources of competitive foods sales in the "Resources" section below.

Revenue from Nonprogram Foods (7 CFR 210.14 (f))

The USDA's NSLP regulation for revenue from non-program foods requires that all revenue from the sale of nonprogram foods must accrue to the nonprofit school food service account (NSFSA). “Nonprogram foods” are foods and beverages purchased using funds from the NSFSA and sold to students or adults at any time or location on school premises, other than reimbursable meals served through the CNPs. 

School Wellness Policy (Final Rule 81 FR 50151)

Among other requirements, the USDA requires that the local educational agency's (LEA) school wellness policy must include locally determined nutrition standards and guidelines for all foods and beverages on school premises during the school day that are available for sale to students or provided to students free of charge.

Smart Snacks Nutrition Standards

Only the Smart Snacks beverage standards apply to HFC public schools. The food standards do not apply because the state HFC statute requires compliance with the CNS, which are stricter and supersede the Smart Snacks standards for foods.

Resources