The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 and shall come into force on 10th September 2007.

(2) These Regulations apply in relation to food provided to pupils of schools maintained by a local education authority in England.

Interpretation

2.—(1) In these Regulations—

“the Meat Products Regulations ” means the Meat Products (England) Regulations 2003(1);

“the Fruit Juices Regulations ” means the Fruit Juices and Fruit Nectars (England) Regulations 2003(2);

“confectionery” means chewing gum, cereal bars, processed fruit bars, non-chocolate confectionery (whether or not containing sugar), chocolate in any form (except hot chocolate), any product containing or wholly or partially coated with chocolate and any chocolate-flavoured substance, but excludes cocoa powder used in cakes, biscuits and puddings or in a drink listed in group F in Schedule 1;

“food” includes drink;

“fruit juice” means the products described by that name or by the name of “fruit juice from concentrate” in Schedule 1 to the Fruit Juices Regulations ;

“meat” has the meaning assigned to it by Directive 2000/13/EC of the European Parliament and the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(3);

“meat product” has the same meaning as in the Meat Products Regulations;

“oily fish” includes anchovies, herring, kipper, mackerel, pilchards, salmon, sardines, trout, tuna (but not canned tuna) and whitebait;

“portion” means an amount of a particular food provided to an individual as part of a meal;

“sandwiches” includes filled rolls and similar products which are ready to eat without further preparation;

“school lunch” means food provided for consumption by pupils as their midday meal on a school day, whether involving a set meal or the selection of items by them or otherwise;

“snacks” means pre-packaged items other than confectionery which are ready to eat without further preparation and which consist of or include as a basic ingredient potato, cereals, soya, nuts, seeds, fruit or vegetables, but does not include sandwiches, cakes or biscuits;

“transfer of control agreement” has the same meaning as in paragraph 2(7) of Schedule 13 to the School Standards and Framework Act 1998;

“vegetable juice” means juice extracted from vegetables or tomatoes with no other substance added, except that any water extracted during concentration may be restored;

“week” means the five days from Monday to Friday.

(2) Nothing in these Regulations applies to food provided—

(a) at parties or celebrations to mark religious or cultural occasions;

(b) at fund-raising events;

(c) as rewards for achievement, good behaviour or effort;

(d) for use in teaching food preparation and cookery skills, provided that any food so prepared is not served to pupils as part of a school lunch ; or

(e) on an occasional basis by parents or pupils.

Food Groups.

3.  For the purpose of these Regulations food shall be divided into the groups shown in Schedule 1, and any reference to a group is a reference to one of those groups.

4.  Where a school is open for fewer than five days in any week the requirements in Schedules 2 and 3 which refer to the number of times food must or must not be provided by reference to a week shall apply as if the school were open for the whole of that week.

Lunch requirements

5.—(1) This regulation applies to a school lunch provided

(a) to registered pupils at a primary or secondary school which is not a special school, and

(b) to any other person on the school premises.

(2) Before the dates given in paragraph (5), the nutritional requirements set out in Schedule 2 must be complied with.

(3) But paragraph (2) shall not apply in relation to a school where the nutritional standards and requirements in Schedule 3 are complied with.

(4) On and after the dates given in paragraph (5), the nutritional standards and requirements in Schedule 3 must be complied with.

(5) In relation to primary schools the date is 1st September 2008; and in relation to secondary schools, 1st September 2009.

6.—(1) This regulation applies to a school lunch provided

(a) to registered pupils at a maintained special school or a pupil referral unit, and

(b) to any other person on the school premises.

(2) Before the date given in paragraph (4), the nutritional requirements set out in Schedule 2 must be complied with.

(3) But paragraph (2) shall not apply in relation to a school where the nutritional standards and requirements in Schedule 3 are complied with.

(4) On and after 1st September 2009 the nutritional standards and requirements in Schedule 3 must be complied with.

(5) Where a maintained special school or a pupil referral unit provides both primary and secondary education a school lunch provided to a junior pupil must comply with the requirements for primary schools in Schedules 2 and 3; and a school lunch provided to a senior pupil must comply with the requirements for secondary schools in Schedules 2 and 3.

Provision of other food

7.  Food provided to pupils on school premises on a school day before 6 p.m. otherwise than as part of a school lunch must be provided in accordance with the requirements set out in Schedule 4, except on any part of those premises which is under the control of another person by virtue of a transfer of control agreement.

8.  Food provided by the local education authority or the governing body to pupils on a school trip on a school day before 6 p.m. otherwise than as part of a school lunch must be provided in accordance with the requirements set out in Schedule 4.

Drinks

9.  The supply of drinking water required by regulation 22(1) of the Education (School Premises) Regulations 1999(4) must be provided free of charge at all times to registered pupils on the school premises.

10.  Fruit juice provided in schools must not contain—

(a) honey; or

(b) any of the additional ingredients listed in paragraphs 1 and 3(b) of Schedule 3 to the Fruit Juices Regulations.

11.—(1) Subject to paragraph (2), drinks provided in schools must not contain any added substances other than—

(a) food additives in accordance with Directive 89/107/EEC of the Council of the European Communities on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption(5); and

(b) any substances mentioned in group F in Schedule 1.

(2) Drinks included in group F2 in Schedule 1 (combination drinks) may also contain flavourings in accordance with Directive 88/388/EEC of the European Parliament and Council on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production(6).

Nursery schools

12.—(1) Subject to paragraph (2), school lunches provided in maintained nursery schools and nursery units within primary schools must comply with the nutritional requirements set out in Schedule 5.

(2) If at any time the nutritional standards and requirements in Schedule 2 are complied with in respect of school lunches provided in a maintained nursery school or a nursery unit within a primary school, paragraph (1) shall not apply in relation to that school or unit.

13.  Regulations 5, 7 and 8 do not apply to nursery schools or nursery units within primary schools.

Revocation

14.  The Education (Nutritional Standards for School Lunches) (England) Regulations 2000(7) and the Education (Nutritional Standards for School Lunches) (England) Regulations 2006(8) are revoked.

K Brennan

Parliamentary Under Secretary of State

Department for Education and Skills

9th August 2007