Arizona Department of Education

Tom Horne, Superintendent of Public Instruction

Arizona Revised Statute 15-242
Revised September 2007

Health and Nutrition Services - School Health and Nutrition Programs
1535 West Jefferson Street - Bin #7
Phoenix, AZ 85007

State of Arizona

Department of Education

Tom Horne
Superintendent of
Public Instruction

January 25, 2006
To the School Districts and Communities of Arizona:
I would like to take this opportunity to present the Arizona Department of Education Nutrition
Standards for Kindergarten through Eighth grade. The standards were developed using the latest
research and recommendations in nutrition for school age children. When the proposed standards
were released, we requested your comments and suggestions. All public comments received
equal consideration from an independent panel comprised of eight members representing a
variety of stakeholders. These included individuals from the Parent Teacher Organization of
Arizona, School Nutrition Association of Arizona, school administration, Arizona teachers,
healthcare and industry. With an outside facilitator, the panel reviewed and voted on each
suggestion submitted during the public comment period. A total of 45 different categories were
discussed. Panel members came to a consensus on all but one category.
ADE received the recommendations made by the panel and they were implemented to the extent
permitted by law. While the Arizona Department of Education did not agree with the all of the
panel’s recommendations, out of respect for the agreed upon process, the outcome of the final
standards will reflect most of their recommendations.
I want to thank everyone who submitted a comment over the past few months. We appreciate
your feedback and comments such as the one we received from a teacher, who also is a parent,
said, “I can see first hand the direct impact that poor nutrition choices can make for educational
progress as well as lifelong living.” Another parent wrote, “Three cheers for a change in the
nutrition that is offered to our children in the public school system.” We also received comments
from a few students who said things such as, “At home we eat healthy and we don’t want to eat
healthy at school too.” This last statement reinforces my stance that schools should support the
choice of most parents, that their child eat healthy and shall not undermine parental choice by
promoting sugar and fat in schools.
The health and well being of Arizona students is our priority at the Department of Education. We
strive for academic performance as well as preparing our students for a successful and healthy
future.
Sincerely,

Tom Horne
Superintendent of Public Instruction

Table of Contents

Purpose of ARS 15-242...................................................................................... 3
The Arizona Nutrition Standards ...................................................................... 4
Introduction to the Nutrition Standards ........................................................... 4
Section 1: Written Standards ........................................................................... 5
Section 2: Maximum Portion Sizes .................................................................. 8
Section 3: Guidelines and Classification for K-8............................................. 9

References and Resources ............................................................................. 11
Appendix A: Panel Recommendations........................................................... 12
Appendix B: Definitions................................................................................... 16
Appendix C: Current Restricted Items ........................................................... 18

Purpose of ARS 15-242
Over the last thirty years, the number of overweight children ages 6-17 have doubled. More than 25%
of children ages 6-11 are obese. Among children ages 12-17, 25% of girls and 18% of boys, are obese.
Obesity is common enough among children that it is
now considered an epidemic.
The energy needs for children by age
In addition, the prevalence of Pre-diabetes, Type 2
with moderate activity level
Diabetes, high blood pressure and premature
Age
Female
Male
cardiovascular disease in children is at an all time
Group
high. A recent survey among 1,700 eighth grade
(years)
children in Texas, North Carolina and California
found that more than half of the children surveyed had
4-8
1400-1600 1400-1600
one or more risk factors associated with Pre-diabetes,
calories/day calories/day
Type 2 Diabetes, high blood pressure and premature
cardiovascular disease. The risk factors were defined
as being overweight or having elevated cholesterol,
blood pressure or blood glucose abnormalities.
9-13
1600-2000 1800-2200
calories/day calories/day
The causes of obesity includes the over consumption
of calories, inactivity, and environmental influences.
Obesity and the related risk factors such as PreDiabetes may be corrected and/or prevented by
incorporating a healthy living model into the lives of
children.

14-18

2000
2400-2800
calories/day calories/day

To prevent obesity we must focus on energy balance,
which is defined as calories consumed versus calories
*Dietary Guidelines 2005
expended. Many children consume more calories than
needed for proper growth and development and often
the calories are of minimal nutritional value. This is
mirrored in adult research which indicates that the
average American consumes about 3,600 calories a day but needs only 2000 calories per day, on average.
To ensure energy balance it is important the children are in an environment that offers healthy food
selections that support the nutrition education provided by schools and parents.
The Arizona Department of Education (ADE) is dedicated to helping fight obesity and the diseases
associated with obesity. In addition, the department is committed to providing adequate nutrition for
proper growth and development of the mind and the body. Children with adequate nutrition are able to
better focus on learning, improved behavior, improved test scores and have fewer absences. As a result,
the ADE has developed the Arizona Nutrition Standards to assist schools, parents, and communities in
providing a model of healthy living that decreases the risk of obesity and allows our children to excel in
school.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

The Arizona Nutrition Standards
Introduction to the Nutrition Standards
Pursuant to Arizona Revised Statute 15-242, all Kindergarten through Eighth grade schools are required
to abide by the Arizona Nutrition Standards set forth by the Arizona Department of Education effective
July 1, 2006. The foundation for the Arizona Nutrition Standards is based on the 2005 Dietary Guidelines
for Americans and the United States Department of Agriculture’s Federal Child Nutrition Program
regulations.
In addition to federal guidelines, several test pilots and research programs conducted throughout the
country contributed to the development of the nutrition standards. These studies were designed to assist
in setting limits for foods that insignificantly contribute to a healthy lifestyle. The developers consisted of
a wide variety of education and health professionals, government agencies, and community members
(please see the resource page for more information).
ARS 15-242 requires the ADE to develop and monitor the compliance of the Arizona Nutrition
Standards. The Arizona Nutrition Standards will apply to all foods and beverages sold in vending
machines, snack bars, a la carte, fundraisers and school events during the normal school day. The
standards are not applicable to classroom parties.
As each standard was developed, other factors such as food cost, food storage, preparation and labor costs
were considered. In reviewing the standards it is critical to remember and re-visit the purpose of ARS 15242 stated in page 3 and its benefits for all school aged children in Arizona.
Implementing these standards successfully will help maintain children and adolescent health and ensure
that they are ready to learn. In addition, this will foster healthy school environments that are supporting
parents and teachers as they encourage children to establish healthy eating behaviors which should be
maintained throughout their lives.
There are three sections to the Arizona Nutrition Standards:
Section 1:

Written Standards- This section defines the food and beverage
standards.

Section 2:

Maximum Portion Sizes- This section details the maximum portion sizes.

Section 3:

Guidelines and Classifications- This section summarizes the standards for
popular food or beverage types and lists the maximum portion sizes
for the specific grade groups.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

Arizona Department of Education Nutrition Standards

Section 1: Written Standards
Food Standards:
•

NSLP entrées sold a la carte:
o 40% or less of total calories from fat
o 10% or less of total calories from saturated and trans fatty acids (combined)
o No more than 35% total sugar by weight
o Must contain at least 1g of fiber
o Maximum 400 calories per serving for entrée items sold as a la carte
o Maximum 800mg of sodium for entrée items sold as a la carte
o Final preparation method cannot be deep-fat fried

•

Non-NSLP entrées sold a la carte:
o 35% or less of total calories from fat
o 10% or less of total calories from saturated and trans fatty acids (combined)
o No more than 35% total sugar by weight
o Must contain at least 1g of fiber
o Maximum 400 calories per serving for entrée items sold as a la carte
o Maximum 800mg of sodium for entrée items sold as a la carte
o Final preparation method cannot be deep-fat fried
o No deep-fat fried chips or crackers

•

All other items
o 35% or less of total calories from fat
o 10% or less of total calories from saturated and trans fatty acids (combined)
o No more than 35% total sugar by weight
o Must contain at least 1 gram of fiber
o Maximum 300 calories per serving for all other items
o Maximum 600 mg of sodium for all other snack items
o Final preparation method cannot be deep-fat fried
o No deep-fat fried chips or crackers

* If a school has grades K-6 then they must follow the Elementary School Standards. If a school has grades K-8,
then grades K-5 must follow the Elementary School Standards and grades 6-8 may follow the Middle/Junior High
School Standards.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

Arizona Department of Education Nutrition Standards
continued
Beverage Standards:
•

Water
o May contain natural or non-caloric sweeteners
o Cannot contain caffeine or a caffeine derivative

•

Juice
o
o

Must contain 100% fruit and/or vegetable juice for Elementary Schools*
Must contain no less than 50% fruit and/or vegetable juice, no sugar added, with nutrient
values equal to 100% juice for Middle and Junior High Schools*

•

Fruit Smoothie (yogurt or ice based)
o Must contain 100% fruit juice for Elementary Schools*
o Must contain no less than 50% fruit juice for Middle and Junior High Schools*
o Must not exceed 400 calories

•

Milk and Alternatives
o Fat free, low fat (1% milk fat), and reduced fat milk (2% milk fat)
o Reduced fat enriched rice, nut or soy milk
o Flavored milk may contain no more than 4 grams of sugar per ounce

•

Sports Drinks, Electrolyte-Replacement Drinks
o Only Middle and Junior High Schools may serve*

Specific Prohibited Foods and Beverages on Campus:
•

Prohibited foods and cooking methods
o All deep-fat fried chips and crackers sold or served as a non NSLP menu item
o Final preparation method cannot be deep-fat fried

•

Prohibited beverages
o Fruit/Vegetable drinks containing less than 100% juice for Elementary Schools and less
than 50% juice for Middle and Junior High Schools*
o Whole fat milk (4% milk fat); flavored or regular
o Caffeine/Energy drinks
o Sports drinks, Electrolyte-Replacement drinks for Elementary Schools only*
o Carbonated beverages

* If a school has grades K-6 then they must follow the Elementary School Standards. If a school has grades K-8,
then grades K-5 must follow the Elementary School Standards and grades 6-8 may follow the Middle/Junior High
School Standards.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

Arizona Department of Education Nutrition Standards
continued
Exceptions to the Food Standards:
•

35% or less of total calories from fat
o Cheese in any form may exceed total fat standard, however must be in a reduced fat form
o Nuts and seeds may exceed total fat standard

•

10% or less of total calories from saturated and trans fatty acids (combined)
o Cheese in any form may exceed total saturated fat standard, however must be in a
reduced fat form
o Nuts and seeds may exceed total saturated fat standard

•

No more than 35% total sugar by weight
o Dairy (solid) may exceed sugar by weight standard (does not include fluid milk)
o Fruits and vegetables may exceed sugar by weight standard

•

Must contain at least 1 gram of fiber
o Dairy is exempt from fiber standards
o Jerky is exempt from fiber standards
o Fruits and vegetables are exempt from fiber standards

•

Maximum 400 calories per serving for entrée items sold as a la carte, and a maximum of 300
calories per serving for all other items
o Fruit-based smoothies may contain up to 400 calories

* If a school has grades K-6 then they must follow the Elementary School Standards. If a school has grades K-8,
then grades K-5 must follow the Elementary School Standards and grades 6-8 may follow the Middle/Junior High
School Standards.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

Arizona Nutrition Standards
Section 2: Maximum Portion Sizes

Chips and other
snacks

Max Portion Size

Juice

Max Portion Size
8 oz (Elementary)

100% juice for
Elementary
Chips, crackers,
popcorn
Trail mix, nuts,
seeds, jerky

Baked Goods

1.5 oz
50% juice for
Middle/Junior High

2 oz

Fluid milk and
alternatives

Max Portion Size

12 oz (Middle/Junior
High)*

Max Portion size

Cookies, brownies

2 oz

Fat free, 1% and
2% milk

12 oz

Muffins

3 oz

Enriched rice, nut
or soy milk

12 oz

Fruit Smoothie

Max Portion Size

Dairy Products

Max Portion Size

Yogurt based

12 oz

Low fat, non-frozen
yogurt

8 oz

Ice Based

12 oz

Frozen desserts,
ice cream, pudding

3 oz

Cheese

2 oz

Entrée

Isotonic Sports
Drinks

Max Portion Size

Sports and
electrolytereplacement drinks

Cannot exceed the served portion size of
the NSLP reimbursable meal

Max Portion Size
12 oz (Middle/Junior
High)*

*If a school has grades K-6 then they must follow the Elementary School Portion Sizes. If a school has grades K-8,
then grades K-5 must follow the Elementary School Portion Sizes and grades 6-8 may follow the Middle/Junior
High School Portion Sizes.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

Arizona Nutrition Standards
Section 3: Guidelines and Classification for K-8
Food Type

Elementary (K-5)

Junior High (6-8)

Food Standard: Deep-fat fried chips and crackers served as a
non-NSLP entrée or an ala carte snack item or exceed the
nutrition standards are prohibited.
Portion Size: Cannot exceed 1.5 oz
Food Standard: If a food has the final preparation method of
deep-fat frying, then that food is prohibited.
Portion Size: Must meet the Arizona Nutrition Standards

Food Standard: Deep-fat fried chips and crackers served as a
non-NSLP entrée or an ala carte snack item or exceed the
nutrition standards are prohibited
Portion Size: Cannot exceed 1.5 oz
Food Standard: If a food has the final preparation method of
deep-fat frying, then that food is prohibited.
Portion Size: Must meet the Arizona Nutrition Standards

Baked Goods: Muffins, Sweet Rolls,
Donuts and Pastries

Food Standard: All muffins, sweet rolls, donuts and pastries
must meet all nutrition standards.
Portion Size: Cannot exceed 3 oz

Food Standard: All muffins, sweet rolls, donuts and pastries
must meet all nutrition standards.
Portion Size: Cannot exceed 3 oz

Baked Goods: Cookies, Bars, Brownies

Food Standard: All cookies, bars and brownies must meet all
nutrition standards.
Portion Size: Cannot exceed 2 oz

Food Standard: All cookies, bars and brownies must meet all
nutrition standards.
Portion Size: Cannot exceed 2 oz

Food Standard: All nuts and seeds must meet all nutrition
standards and are exempt from the total fat standard.
Portion Size: Cannot exceed 2 oz

Food Standard: All nuts and seeds must meet all nutrition
standards and are exempt from the total fat standard.
Portion Size: Cannot exceed 2 oz

Food Standards: All dairy products (excluding fluid milk)
are exempt from the fiber and sugar standard. Cheese may
exceed total fat standard, however must be in a reduced fat
form.
Portion Size: Cheese cannot exceed 2 oz, non-frozen yogurt
cannot exceed 8 oz, frozen desserts and puddings cannot
exceed 3 oz, and smoothie drinks cannot exceed 12 oz
Foods Standards: All candy bars and similar products,
including energy/sports bars must meet all standards.
Portion Size: Must meet the Arizona Nutrition Standards

Food Standards: All dairy products (excluding fluid milk)
are exempt from the fiber and sugar standard. Cheese may
exceed total fat standard, however must be in a reduced fat
form.
Portion Size: Cheese cannot exceed 2 oz, non-frozen yogurt
cannot exceed 8 oz, frozen desserts and puddings cannot
exceed 3 oz, and smoothie drinks cannot exceed 12 oz
Foods Standards: All candy bars and similar products,
including energy/sports bars must meet all standards.
Portion Size: Must meet the Arizona Nutrition Standards

Chips and Crackers

French Fries and other potato products

Nuts and Seeds

Dairy Products

Candy Bars, Sports Bars and similar
products

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

Arizona Nutrition Standards
Section 3: Guidelines and Classification for K-8
Beverage Type
Dairy: Fluid Milk

Milk Alternative

Juice

Water

Carbonated Beverages
Isotonic Sports Drinks

Elementary (K-5)

Junior High (6-8)

Beverage Standard: Cannot exceed 2% milk fat (fat free,
low fat (1%), and reduced fat (2%) are within standards).
Flavored milk cannot contain more than 4 grams of sugar
per ounce. Whole fat milk (4%) is prohibited.
Portion Size: Cannot exceed 12 oz
Beverage Standard: All milk alternative products must be
in a reduced fat form.
Portion Size: Cannot exceed 12 oz
Beverage Standard: Must contain 100% fruit and/or
vegetable juice.
Portion Size: Cannot exceed 8 oz

Beverage Standard: Cannot exceed 2% milk fat (fat free,
1% and 2% are within standards). Flavored milk cannot
contain more than 4 grams of sugar per ounce. Whole fat
milk (4%) is prohibited.
Portion Size: Cannot exceed 12 oz
Beverage Standard: All milk alternative products must be
in a reduced fat form.
Portion Size: Cannot exceed 12 oz
Beverage Standard: Must contain at least 50% fruit and/or
vegetable juice, no added sugar, with nutrient values equal to
100% fruit juice.
Portion Size: Cannot exceed 12 oz
Beverage Standard: All water products, including fitness
water may contain natural or artificial sweeteners. All
products containing caffeine are prohibited.
Portion Size: No portion size restriction
Beverage Standard: All beverages containing carbonation
are prohibited.
Beverage Standards: Isotonic sports drinks/electrolyte
replacement drinks are allowed to be served.
Portion Size: Cannot exceed 12 oz

Beverage Standard: All water products, including fitness
water may contain natural or artificial sweeteners. All
products containing caffeine are prohibited.
Portion Size: No portion size restriction
Beverage Standard: All beverages containing carbonation
are prohibited.
Beverage Standards: All isotonic sports drinks/electrolyte
replacement drinks are prohibited.

10
Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

References and Resources

U.S. Dietary
Guidelines For
Americans

The Guidelines provide authoritative
advice for people two years and older
about how good dietary habits can
promote health and reduce risk for
major chronic diseases.

www.healthierus.gov/dietaryguidelines

California Center For
Public Health
Advocacy

California Center For Public Health
Advocacy has mobilized teams of
community residents in legislative
districts in Los Angeles County to
educate policy makers about the
growing childhood obesity epidemic.
The purpose of the nutrition guidelines
are to promote a healthier environment
in Texas schools and help ensure a
healthier future for Texas children.

www.publichealthadvocacy.org

The mission of the NC Healthy Weight
Initiative is to shape the eating and
physical activity patterns of North
Carolina children and youth in ways
that leads to healthy weight and reduce
the risk for chronic disease.
NANA convened a work group of more
than 50 health, physical activity,
nutrition, and education professionals
from a variety of national and state
organizations to develop a set of model
policies for local school districts.
The Health Policy Guide provides
evidence-based, peer-reviewed policy
guidance and resources to support
advocacy and decision-making at the
state and local levels.
The Center for Health and Health Care
in Schools (CHHCS) is a nonpartisan
policy and program resource center
located at The George Washington
University School of Public Health and
Health Services.

www.nchealthyweight.com

Texas Public School
Nutrition Policy

North Carolina: Weight
Initiative

National Alliance for
Nutrition and Activity
(NANA)

Center for Health
Improvement

The Center for Health
and Health Care in
Schools

www.squaremeals.org

www.schoolwellnesspolicies.org

www.healthpolicycoach.org

www.healthinschools.org
www.healthinschools.org/parents/lunch.htm

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

Appendix A: Panel Recommendations

Summary of Recommendations from the HB2544/ARS 15-242
Stakeholder Panel

The Stakeholder consisted of a total of 8 panel members; Vending Machine Representative,
Dairy Council Representative, Parent Teacher Association Representative, a Physician, a Food
Service Director, Beverage Association Representative, a Principal, and a Superintendent. The
panelists were given a summary of all the public comments (300+) and had access to copies of
each comment submitted for their own review. The panel was lead by a facilitator not affiliated
with the Arizona Department of Education (ADE).
The Stakeholder Panel reviewed each comment submitted by the public in attempt to reach a
consensus on all of the Arizona Nutrition Standards. A consensus was reached on all but one
category. The following represents the panel consensus. The ADE has incorporated the
following panel recommendations into the final draft of the Arizona Nutrition Standards.

1. Sodium: The original proposed nutrition standards did not include a standard for
sodium. The stakeholder panel recommendation was to include a sodium standard for all
foods sold on school grounds outside of the National School Lunch Program. The ADE
supports the stakeholders’ recommendation and added a sodium standard of a maximum
of 800 mg for program meal items sold as a la carte items and a maximum of 600 mg for
all other food items sold as a la carte.
2. Milk fat: The proposed standards allowed for Low fat 1% milk or Fat Free milk only.
The stakeholders recommended that the ADE allow up to Reduced fat 2% milk. The
panel believes that the allowance of 2% milk will increase the student’s variety of milk
and milk flavors. The ADE supports the movement of offering only 1% milk fat and fat
free milk which is recommended by the Department of Health Service and other health
advocate organizations. Whole milk and 2% milk have significantly higher fat and
saturated fat than 1% milk fat or fat free milk. The ADE will incorporate the panels’
recommendation to allow 2% milk fat into the nutrition standards, however the ADE will
continue to encourage schools to offer 1% milk fat or fat free milk.
3. Sugar in flavored milk: The stakeholder panel recommended the sugar content in
flavored milk be increased to 4 grams of sugar per ounce, an increase from the proposed
2.33 grams of sugar per ounce. The panel felt that allowing an increased amount of sugar
will increase the number of milk choices students may select from. Essentially increasing
their consumption of all the vitamins and minerals contained in milk. While the ADE
supports the increased consumption of milk, including flavored milk, ADE is not in favor
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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

of increasing the sugar content. However, to honor the agreed process of receiving and
implementing recommendations submitted by the panel, ADE will allow flavored milk to
be increased to 4 grams per ounce.
4. Total fat: The Dietary Guidelines for Americans recommends total calories from fat
should be between 25-35%. The stakeholder panel suggested that the ADE increase the
total fat calories from 30% to 35%. In addition, the panel proposed that ADE put a plan
in place to phase in stricter fat guidelines over a period of time with the eventual goal of
30% of total fat from calories. The ADE is in full support of this decision and will
increase the fat standard to less than 35% of total calories from fat.
5. Calorie and portion size restriction for a la carte entrees: The original proposed
standards stated all a la carte items would be subject to a 300 calorie per serving
restriction. The panel took into consideration the comments made on this topic and
recommended to increase the calorie restriction to 400 calories per serving for all
“entrées” served as an a la carte item. All “entrees” served in the National School Lunch
Program may be an a la carte item, but cannot be served in a larger portion size. The
ADE supports this recommendation and believes that this will also increase the variety of
meal options to the students.
6. Isotonic sports drinks: The stakeholder panel agreed with the original proposed
standards for the K-5 age group, which would restrict all isotonic sports drinks for those
grades. They also supported the suggestion of allowing Middle and Junior High Schools
(grades 6-8) to serve isotonic sports drinks with a maximum portion size of 12 oz. The
ADE supports this conclusion to allow 12 ounces or less of sports drinks for grades 6-8.
Allowing sports drinks will increase the variety of beverages offered to Middle School
students.*
7. Pastry restriction: The proposed standards did not allow any pastry items to be sold
during the school day. The stakeholder panel concluded that pastries will be allowed as
long as they meet the nutrition standards. The purpose of the Arizona Nutrition
Standards is to assist in providing a healthy living model and by serving pastries it sends
a mixed message that pastries are a part of a healthy diet. The ADE supports foods and
beverages that are a part of a healthy diet that contributes to a healthy living model.
While ADE does not support pastry items as a good healthy diet model, they will be
allowed in schools if they meet the nutrition standards.
8. Artificial sweeteners: The stakeholder panel determined artificial sweeteners would be
allowed if all products containing artificial sweeteners were labeled. The ADE supports
this decision to allow artificial sweeteners in snack and beverage items as part of the
nutrition standards.

* If a school has grades K-6 then they must follow the Elementary School Standards. If a school has grades K-8,
then grades K-5 must follow the Elementary School Standards and grades 6-8 may follow the Middle/Junior High
School Standards.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

9. Carbonated beverages, including non-calorie beverages: State law restricted what the
department could approve. Those matters prohibited by the federal government, referred
to as foods of minimal nutritional value, could not be approved by the department. The
federal government describes carbonated beverages, including diet soda, as a food of
minimal nutritional value, and therefore, under the statute, the department has no
authority to approve diet soda. At the stakeholders meeting, industry representatives
argued that A.R.S. § 15-242(E) provided an exception. Without resolving that
disagreement, the department indicated that the stakeholders group could discuss that
item, and the legal issue would be resolved later. The stakeholders group did approve
diet soda for middle school if permissible by law. The attached opinion of the Attorney
General indicates that this is not permitted by law. Therefore, the department has no
legal authority to approve diet soda.
9. Energy drinks: The stakeholder panel was concerned with beverages containing
caffeine. In addition, the panel recommended the term energy drink be clarified and
defined. The ADE has included a thorough definition of an energy drink and has
restricted them in the final Arizona Nutrition Standards.
10. Fruit juice: The proposed standards stated all fruit juice must contain 100% fruit or
vegetable juice for grades K-8. The stakeholder panel agreed that this standard should be
maintained for grades K-5, but in grades 6-8, the standard should be no less than 50%
juice, with no added sugar and have nutrient values equal to 100% fruit or vegetable
juice. The ADE supports this decision as the United States Department of Agriculture
(USDA) allows 50% juice to be served in at least 8 oz portions under the traditional and
enhanced meal patterns. *

* If a school has grades K-6 then they must follow the Elementary School Standards. If a school has grades K-8,
then grades K-5 must follow the Elementary School Standards and grades 6-8 may follow the Middle/Junior High
School Standards.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

The stakeholder panel was provided a survey at the end of the meeting to allow for feedback.
The survey was comprised of six statements that the panelists ranked from either strongly agree
to strongly disagree. The percentage of panelists that answered is listed next to the panelists
corresponding answer.

Summary of Stakeholders Survey
Q1- The information for the consideration was presented in a concise, understandable way.
Strongly AgreeAgreeDisagreeStrongly Disagree86%
14%
0%
0%
Q2- The information for consideration was presented in an unbiased way.
Strongly AgreeAgreeDisagree86%
14%
0%

Strongly Disagree0%

Q3- Panelists were able to express their opinions about the requests for consideration.
Strongly AgreeAgreeDisagreeStrongly Disagree100%
0%
0%
0%
Q4- The facilitator was fair and unbiased.
AgreeStrongly Agree100%
0%

Disagree0%

Strongly Disagree0%

Q5- The process used for considering the requests was efficient and effective.
Strongly AgreeAgreeDisagreeStrongly Disagree86%
14%
0%
0%
Q6- Overall I am satisfied with the decisions reached by the panel.
Strongly AgreeAgreeDisagreeStrongly Disagree72%
14%
0%
0%

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

No Answer14%

Appendix B: Definitions
A la carte: Any individual food sold in a school cafeteria. Also known as supplemental sales.
Baked Goods: A sweet baked food made of flour, liquid, eggs, and other ingredients, such as raising
agents and flavorings that are baked. Example: cookies, cupcakes, cakes, tortes, brownies, pastries,
snaps, bars, cannoli, wafers, scone, empanadas.
Certain Candies: Processed foods made predominantly from sweeteners or artificial sweeteners with a
variety of minor ingredients that characterize the following types:
Candy Bar: Candy shaped as a bar and the primary ingredient is a form of sugar, containing all
or one of the following: chocolate, nougat or nuts.
Candy Coated Popcorn: Popcorn that is coated with a mixture made predominantly from sugar
or corn syrup.
Chewing Gum: Flavored products from natural or synthetic gums and other ingredients that form
an insoluble mass for chewing.
Fondant: A product consisting of microscopic sized sugar crystals which are separated by a thin
film of sugar and/or invert sugar in solution such as candy corn or soft mints.
Hard Candies: A product made predominantly from sugar (sucrose) and corn syrup which may
be flavored and colored, is characterized by a hard, brittle texture, and includes such items as sour
balls, fruit balls, candy sticks, lollipops, starlight mints, after dinner mints, sugar wafers, rock
candy, cinnamon candies, breath mints, jaw breakers and cough drops.
Jellies and Gums: A mixture of carbohydrates which are combined to form a stable gelatinous
system of jelly-like character, and are generally flavored and colored, and include gum drops,
jelly beans, jellied and fruit-flavored slices.
Licorice: A product made predominantly from sugar and corn syrup that is flavored with an
extract made from the licorice root.
Marshmallow Candies: An aerated confection composed of sugar, corn syrup, invert sugar, 20%
water and gelatin or egg white to which flavors and colors may be added.
Spun Candy: A product that is made from sugar that has been boiled at a high temperature and
spun at a high speed in a special machine.
Chips: Starch based products that have been cut into thin slices, deep-fried or baked until crisp, and then
salted or seasoned. Examples: potato chips, corn chips.
Dairy Products: Any foods made from milk. Examples: Milk (fluid), yogurt, cheese, ice cream,
pudding, sour cream, butter, half and half.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

Appendix B: Definitions Continued
Energy Drinks: A beverage containing caffeine and labeled as, but not limited to an energy drink, mood
stimulant, or metabolism enhancer.
Entrée: A school lunch menu item that is a combination of foods or a single food item offered as the
main course, as defined by the menu planner. The entrée is the central focus of the meal and forms the
framework around which the rest of the meal is planned.
Foods of Minimal Nutritional Value (FMNV): Foods and beverages that do not provide at least 5% of
the Recommended Daily Intake (RDI) for any one of several key nutrients. Soda water (carbonated
beverages), water ices, chewing gum, and certain candies are included.
Fried Foods: Foods that are cooked by total immersion into hot oil or other fat, commonly referred to as
“deep fat frying.” This definition does not include foods that are stir-fried or sautéed.
Fundraisers: Activities in which students or others sell products to raise money for a school.
House Bill 2544: All Arizona schools participating in the National School Lunch Program are required
to follow the Arizona Nutrition Standards for foods and beverages sold on school grounds during the
normal school day.
Juice, 100%: Undiluted liquid fraction of a whole vegetable, fruit or vegetable/fruit blend.
Milk: Pasteurized, homogenized fluid cow’s milk.
Skim/Fat Free Milk: Containing less than .5% milk fat
Low fat Milk: Containing 1% milk fat
Reduced fat Milk: Containing 2% milk fat
Whole Milk: Containing 4% milk fat
National School Lunch Program (NSLP): Program under which participating schools operate a
nonprofit lunch program authorized by 7 CFR 210 of the National School Lunch Act.
Portion Size: A quantity of food or beverage intended for consumption by one individual.
School Day: Beginning with the start of the first breakfast period until the end of the last instruction
period (last bell).
Soda Water: As defined by 21 CFR 165.175 Food and Drug Administration Regulations, (class of
beverages made by absorbing carbon dioxide in potable water, etc. ) except no product shall be excluded
from this definition because it contains artificial sweeteners or discrete nutrients added to the food such as
vitamins, minerals, and proteins.
Water Ices: As defined by 21 CFR 135.160 Food and Drug Administration Regulations, except that
water ices which contain fruit or fruit juices are not included in this definition.

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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne

Appendix C: Current Restricted Items
USDA’s Foods of Minimal Nutritional Value Regulation
The United States Department of Agriculture (USDA) developed the Foods of Minimal Nutrition Value
(FMNV) regulations in 1977 (7 CFR 210.11.) Currently, schools are required to follow FMNV
regulations when participating in the National School Lunch Program (NSLP). A goal of the FMNV
regulation is to limit the amount of competitive foods that can be offered to students during the breakfast
and lunch period.
Competitive foods are any foods sold in competition with meals served under the National School Lunch
and School Breakfast Programs. Current federal regulations state that FMNV cannot be sold in the food
service area where a reimbursable meal is sold or eaten.
The list of FMNV includes but is not limited to soda, water ices, chewing gum, and certain candies. The
listed products are in no way meant to be all inclusive or definitive, but rather to be used as an example
that provides guidance when making determinations on new products or products not specifically listed.
Arizona Revised Statue 15-242 restricts all FMNV for the entire School day. All foods and beverages
served/sold in vending machines, snack bars, a la carte, fundraisers and school events will be subject to
the Arizona Nutrition Standards regardless if they are exempt from the FMNV food list by USDA.

“The United States Department of Agriculture (USDA) prohibits discrimination in all its
programs and activities on the basis of race, color, national origin, gender, religion, age,
disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require alternative means for
communication of program information (Braille, large print, audiotape, etc.) should contact
USDA’s TARGET Center at (202) 720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326W, Whitten Building, 14th and Independence Avenue, SW, Washington, D.C. 20250-9410 or call
(202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.”
The contents of this publication were developed and produced through funds from the United
States Department of Agriculture.
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Arizona Department of Education
Arizona Nutrition Standards
Superintendent Tom Horne