Exemptions Under The Competitive Foods Regulation

All schools participating in the School Breakfast and/or National School Lunch program(s) must also comply with any federal rules or regulations regarding competitive food service or the service of Foods of Minimal Nutritional Value, as defined by USDA. Schools that participate in these federal programs must prohibit the sale of foods in the categories of minimal nutritional value in food service areas during the designated meals periods. Categories of foods of minimal nutritional value include:

soda water;
water ices;
chewing gum; and
certain candies-hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy, and candy-coated popcorn.

Some manufacturers have petitioned and have had several foods exempted from the category of foods of minimal nutritional value.

This exemption means these products can be sold during the meal period in a food service area. It does not mean that these products are approved or endorsed by USDA or CDE, nor does it indicate that these products have significant nutritional value. In addition, these exemptions should not be perceived as guidance or encouragement concerning their possible purchase.

Exemptions Under the Competitive Foods Regulation (PDF)

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For additional information, E-Mail: nutrition@cde.state.co.us