TITLE XII
PROGRAMS ADMINISTRATION
CHAPTER 58
SCHOOL BREAKFAST AND LUNCH PROGRAM; NUTRITIONAL CONTENT STANDARDS FOR OTHER FOODS AND BEVERAGES
[Prior to 9/7/88, see Public Instruction Department[670] Ch 10]
281—58.1(283A,256) Authority. Iowa Code chapter 283A authorizes the department of education to administer the school breakfast and lunch programs in the public and nonpublic schools of the state. Iowa Code sections 256.7(29), 256.9(59), and 256.9(60) authorize the state board of education to establish nutritional content standards for foods and beverages sold or provided on school grounds during the school day.
[ARC 7782B, IAB 5/20/09, effective 7/1/10]
DIVISION I
SCHOOL BREAKFAST AND LUNCH PROGRAM
281—58.2(283A) Definitions. For the purposes of this division, the following definitions apply:
“Attendance center” means a public school of high school grade or under.
“Department” means the Iowa department of education.
“Nutritionally adequate meal” means a breakfast or lunch which meets the minimum criteria for eligibility for federal reimbursement under the federal National School Lunch Act of 1946 and the federal Child Nutrition Act of 1966.
“Other eligible provider” means an institution or organization other than a school district and a nonpublic school that is authorized to provide school breakfast and school lunch programs under the federal National School Lunch Act of 1946 and the federal Child Nutrition Act of 1966.
“School” means a school of high school grade or under.
“School board” means the board of directors regularly elected by the registered voters of a school corporation or district of the state of Iowa.
“School breakfast program or school lunch program” means a program under which breakfasts and lunches or lunches are served by any school in the state of Iowa on a nonprofit basis to children in attendance, including any such program under which a school receives assistance out of funds appropriated by the Congress of the United States.
[ARC 7782B, IAB 5/20/09, effective 7/1/10]
281—58.3(283A) Agreement required. All programs operated and approved for federal assistance must operate according to the terms of an agreement or contract executed between the department and the individual school district, the authorities in charge of the nonpublic school or other eligible provider. This agreement or contract is continuous and remains in effect until terminated or canceled by either party. The agreement may be terminated upon ten days’ written notice on the part of either party, provided, however, that the department of education may cancel the agreement immediately upon receipt of evidence that the terms and conditions of the agreement or contract have not been met.
281—58.4(283A) State plan. The state plan for the National School Lunch Act of 1946 and the Child Nutrition Act of 1966 shall be reviewed annually according to federal regulations. A copy of such regulations may be obtained at no more than actual cost of reproduction by contacting the department.
Advisory committees shall be established by the director when appropriate. Members shall be appointed by the director. Persons interested in participating in such advisory committees may contact the director. Any advisory committee at the state level shall be established according to federal regulations. Actual costs for lodging and meals for the state level advisory committee shall be paid by the department at current state rates.
Public meetings shall be arranged by the director as desired to assist in reviewing the state plan.
281—58.5(283A) Service area defined. The geographical service area for the National School Lunch Act of 1946 and the Child Nutrition Act of 1966 is the entire state of Iowa. When a service as defined in these two Acts is available in a school or institution, it shall be available to all children in the school or institution.
281—58.6(283A) School breakfast program. A school district, the authorities in charge of a nonpublic school or other eligible provider may operate or provide for the operation of a school breakfast program at all schools in the district or may provide access to a school breakfast program at an alternative site.
281—58.7(283A) School lunch program. A school district shall operate or provide for the operation of lunch programs in all attendance centers in the district. The program shall be provided for all students in each district who attend public school four or more hours each school day and wish to participate.
281—58.8(283A) Procurement. A school board, the authorities in charge of a nonpublic school and each other eligible provider participating in the program shall adopt a policy on the procurement of goods and services used in the administration of the program. If an issue is not covered in the policy, the school district, the authorities in charge of the nonpublic school and each other eligible provider shall follow the appropriate federal regulation.
DIVISION II
NUTRITIONAL CONTENT STANDARDS FOR OTHER FOODS AND BEVERAGES
281—58.9(256) Definitions. For the purposes of this division, the following definitions apply:
“A la carte food sales” means foods or beverages offered for sale by the school as part of the school’s food service program during the time the reimbursable school breakfast or lunch is served and that are not part of the reimbursable breakfast or lunch.
“Regulated fundraising” means the sale of foods or beverages on school property targeted primarily to PK-12 students by or through other PK-12 students, student groups, school organizations, or on-campus school stores.
“School” means a school district or accredited nonpublic school.
“School breakfast program or school lunch program” means a program under which breakfasts and lunches or lunches are served by any school in the state of Iowa on a nonprofit basis to children in attendance, including any such program under which a school receives assistance out of funds appropriated by the Congress of the United States.
[ARC 7782B, IAB 5/20/09, effective 7/1/10]
281—58.10(256) Scope. The rules in this division regulate the nutritional content of foods and beverages sold or provided on the school grounds of any school during the school day, including foods and beverages sold via vending machines, foods and beverages sold as a la carte items, and foods and beverages sold as part of regulated fundraising. These rules do not regulate the nutritional content of foods or beverages provided through a school breakfast program or school lunch program; sold as a part of other fundraising events; sold at concession stands; provided by parents, other volunteers, or students for class events; or provided by staff for consumption by staff or students. The board of directors of a public school district or the authorities in charge of an accredited nonpublic school may, but are not required to, prescribe reasonable rules for their staff, volunteers, students, and parents, guardians, or custodians of students to adhere to regarding foods and beverages provided on school grounds by staff, volunteers, students, and parents, guardians, or custodians of students.
[ARC 7782B, IAB 5/20/09, effective 7/1/10]
281—58.11(256) Nutritional content standards.
Foods Table

Nutrient	A la Carte, Vending, and Regulated Fundraising Items	
Calories	≤ NSLP entrée items<fo:wrapper font-size=".69em" baseline-shift=".33em">*</fo:wrapper>
OR
≤ 400 calories per entrée item
≤ NSLP sides<fo:wrapper font-size=".69em" baseline-shift=".33em">*</fo:wrapper>
OR
≤ 200 calories	
Sodium	≤ NSLP entrée items<fo:wrapper font-size=".69em" baseline-shift=".33em">*</fo:wrapper>
OR
≤ 600 mg per entrée item
[≤ 480 mg/serving entrées (2014)]
≤ NSLP sides*
OR
≤ 400 mg/serving sides
[≤ 200 mg/serving sides (2014)]	
Saturated fat	≤ 10% calories
(excluding reduced fat cheese)	
Trans fat	≤ 0.5 gm/serving	
Total fat	≤ 35% calories
(excluding nuts, seeds, nut butters and reduced fat cheese)	
Sugar	≤ 35% calories
(excluding fruits and yogurts)	
Dietary fiber/whole grain	50% of grains offered must be whole grain	
*NSLP (National School Lunch Program) menu items offered in the same portion size and frequency per week as they appear on the NSLP menu.
Beverages Table

Beverage	A la Carte, Vending, and Regulated Fundraising Items	
Milk	Low fat/nonfat regular
Low fat/nonfat flavored with no nonnutritive sweeteners
In addition:
≤ 27 gm sugar/8 oz (2014)
≤ 24 gm sugar/8 oz (2017)
≤ 22 gm sugar/8 oz (2020)	
100% Fruit/Vegetable Juice	No added sweeteners	
Water	No added nonnutritive sweeteners	
Sports Drinks,
Flavored Water	None are to be made available to elementary students during the school day as vending machine, a la carte, or regulated fundraising items	
Caffeinated Beverages	None are to be made available to elementary students during the school day as vending machine, a la carte, or regulated fundraising items, with the exception of beverages that contain trace amounts of naturally occurring caffeine-related substances (e.g., chocolate milk)	
Sodas/
Carbonated Beverages	None are to be made available to any students during the school day as vending machine, a la carte, or regulated fundraising items	
In addition to compliance with the above tables, schools and school districts that offer a la carte, vending, and regulated fundraising items shall ensure that those offerings include at least two fruits or non-fried vegetables, with no more than one being a juice option.
[ARC 7782B, IAB 5/20/09, effective 7/1/10]
These rules are intended to implement Iowa Code chapter 283A and sections 256.7(29), 256.9(59), and 256.9(60).
[Filed prior to 7/4/52]
[Filed 3/27/81, Notice 2/4/81—published 4/15/81, effective 5/20/81]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 11/19/93, Notice 9/29/93—published 12/8/93, effective 1/12/94]
[Filed 8/2/02, Notice 6/26/02—published 8/21/02, effective 9/25/02]
[Filed ARC 7782B (Notice ARC 7503B, IAB 1/14/09), IAB 5/20/09, effective 7/1/10]