The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013

Regulation 4

SCHEDULE 1 BREAKFAST IN MAINTAINED SCHOOLS

1.  The requirements in this Schedule apply where school breakfast is provided in maintained schools.

2.  Only foods from the categories in Table A must be available on each school day.

3.  Milk based drinks provided to pupils in maintained schools or persons on the premises of maintained schools must comply with the requirements in Schedule 5.

Table A

Food Categories
Milk based drinks or yoghurts
Cereals – not coated or flavoured either alone or in combination with sugar or chocolate or cocoa powder.
Fruit and vegetables
Breads and toppings

Regulation 5

SCHEDULE 2 LUNCH IN MAINTAINED NURSERY SCHOOLS

1.  On each school day food from each of the food categories in Table B must form part of the school lunch provided in maintained nursery schools.

2.  Milk provided to pupils in maintained nursery schools or persons on the premises of maintained nursery schools must comply with the requirements in Schedule 5.

Table B

Food Category	Foods included in category
Fruit and vegetables	Fruit and vegetables in all forms whether fresh, frozen, dried or in the form of juice but excluding fruit canned in syrup.
Meat, fish and other non dairy sources of protein	Meat and fish in all forms whether fresh, frozen, canned or dried including meat or fish products, eggs, nuts, pulses and beans, other than green beans.
Starchy foods	Bread, chapatis, pasta, noodles, rice, potatoes, sweet potatoes, yams, millet and cornmeal.
Dairy foods and milk	Milk, yoghurt (including frozen yoghurt and drinking yoghurt), fromage frais, custard and cheese, but excluding butter and cream.

Regulation 6

SCHEDULE 3 LUNCH IN MAINTAINED PRIMARY AND SECONDARY SCHOOLS

1.  The requirements in this Schedule apply to school lunch provided in primary and secondary schools unless otherwise stated.

Vegetables

2.—(1) At least one portion of vegetables or salad must be provided each day in primary schools.

(2) At least two portions of vegetables or salad must be provided each day in secondary schools.

(3) For the purposes of sub-paragraphs (1) and (2), “vegetables” excludes potatoes.

Fruit

3.—(1) At least one portion of fruit, fruit salad or fruit juice must be provided each day.

(2) A fruit based dessert must be provided at least twice each week.

(3) A portion of a fruit based dessert must contain fruit content—

(a) in primary schools, of at least 40 grams measured by the weight of the raw ingredients;

(b) in secondary schools, of at least 60 grams measured by the weight of the raw ingredients.

Fish

4.—(1) Subject to sub-paragraph (2), a portion of fish must be provided—

(a) at least once each week in primary schools; and

(b) at least twice each week in secondary schools.

(2) A portion of oily fish must be provided at least twice during any four week period.

Potato and potato products

5.—(1) A portion of potato or potato product which is cooked in fat or oil must not be provided more than twice each week.

(2) Where a potato or potato product under paragraph (1) is provided in secondary schools, an alternative starchy food that is not cooked in fat or oil must also be provided.

Deep-fried or flash-fried food

6.—(1) A portion of food, including prepared, coated, battered and breaded food products, deep-fried or flash-fried on school premises or during the manufacturing process must not be provided more than twice each week.

(2) Food in sub-paragraph (1) does not include potato and potato products.

Meat

7.  Meat must be provided—

(a) in primary schools on at least two days each week;

(b) in secondary schools on at least three days each week.

Meat Products

8.—(1) No more than two meat products are to be provided each week.

(2) A meat product provided under paragraph (1) must not be served more than twice each week.

(3) For the purposes of paragraphs (1) and (2), meat product does not include luncheon meat.

(4) Meat products including luncheon meat must meet the minimum meat content levels set out in Schedule 2 to the Meat Product Regulations.

(5) No meat product must be provided if it contains any carcase part listed in regulation 6(2) of the Meat Products Regulations, subject to the exception in regulation 6(3) of those Regulations.

(6) No economy burgers as defined in Schedule 2 to the Meat Products Regulations must be provided.

(7) Any shaped meat product consisting of a mixture of meat and other ingredients which is not included in the reserved descriptions specified in Schedule 2 to the Meat Product Regulations may only be provided if it complies with the meat content requirements for “Burger” in that Schedule.

Confectionary and savoury snacks

9.  No confectionery or savoury snacks may be provided.

Cakes and biscuits

10.  Cakes and biscuits must not contain any confectionery.

Salt and condiments

11.—(1) No salt must be available to pupils to add to food after the cooking process is complete.

(2) The portion of any condiment made available to pupils must not exceed 10ml.

Regulation 6

SCHEDULE 4 NUTRITIONAL STANDARDS FOR LUNCH IN MAINTAINED PRIMARY AND SECONDARY SCHOOLS

1.  In this Schedule—

“average school lunch” (“cinio ysgol cyfartalog”) has the meaning given by paragraph 2 (1);

“group of schools” (“grŵp o ysgolion”) means two or more schools providing education for the same age range of pupils and which, where the schools provide secondary education, are either all co-educational, all boys’ single sex or all girls’ single sex;

“non-milk extrinsic sugars” (“siwgrau anghynhenid nad ydynt yn deillio o laeth”) means any sugar which is not contained within cell walls, except lactose in milk and milk products; and

“nutrient” (“maethyn”) means any substance listed in Table C.

2.—(1) Subject to sub-paragraph (2), the average school lunch for a school or a group of schools must be calculated in accordance with the following formula:—

Where—

• “A” is the total amount of energy and nutrient content provided in all school lunches served in the course of a school week;

• “B” is the estimated number of school lunches served to pupils during that school week; and

• “C” is the number of days in the school week.

(2) A group of schools must use the formula in sub-paragraph (1) where school lunch provided at each school in the group is the same.

3.  The average school lunch must provide—

(a) an amount of energy which must be either the figure shown in Table C or within 5% of that figure;

(b) no more than the maximum amounts of fat, saturated fat, non-milk extrinsic sugars and sodium shown in Table C; and

(c) at least the minimum amount of all other nutrients shown in Table C.

TABLE C

Nutrient	Minimum or Maximum	School lunch provided in primary schools	School lunch provided in secondary schools
			Co-educational	Single Sex Girls’	Single Sex Boys’
Energy (kilo calories)	+/- 5%	530	646	577	714
Total fat (grams)	Max	20.6	25.1	22.5	27.8
Saturated fat (grams)	Max	6.5	7.9	7.1	8.7
Total carbohydrate (grams)	Min	70.6	86.1	77	95.2
Non-milk extrinsic sugars (grams)	Max	15.5	18.9	16.9	20.9
Fibre (grams)	Min	4.2	5.2	4.6	5.7
Protein (grams)	Min	7.5	13.3	12.7	13.8
Iron (milligrams)	Min	3	4.4	4.4	3.4
Zinc (milligrams)	Min	2.5	2.8	2.7	2.8
Calcium (milligrams)	Min	193	300	240	300
Vitamin A (micrograms)	Min	175	245	210	245
Vitamin C (milligrams)	Min	10.5	14	14	14
Folate (micrograms)	Min	53	70	70	70
Sodium (milligrams)	Max	499	714	714	714

Regulation 7

SCHEDULE 5 DRINKS PROVIDED IN MAINTAINED SCHOOLS

Table D

The requirements in Table D apply to drinks provided in maintained primary and secondary schools and maintained nursery schools.

(1) Product	(2) Nursery schools	(3) Primary schools	(4) Secondary schools	(5) Mandatory Requirement for product	(6) Discretionary requirement for product
ingle drinks
Plain water (still or carbonated)	Drink permitted if it satisfies the requirement in column 5.	Drink permitted if it satisfies the requirement in column 5.	Drink permitted if it satisfies the requirement in column 5.	No added substances.	None.
Plain milk	Drink permitted if it satisfies the requirement in column 5.	Drink permitted if it satisfies the requirement in column 5.	Drink permitted if it satisfies the requirement in column 5.	No added substances. Milk provided in nursery schools must be whole milk or semi-skimmed milk. Milk provided in primary and secondary schools must be semi-skimmed milk or skimmed milk.	None.
Fruit juice or vegetable juice (still or carbonated)	Drink permitted only as part of school breakfast or school lunch and if it satisfies the requirement in column 5.	Drink permitted only as part of school breakfast or school lunch and if it satisfies the requirement in column 5.	Drink permitted if it satisfies the requirement in column 5.	No added substances other than a substance listed in column 6.	Sugar may be added to fruit juice, other than any prepared from grapes or pears, but only for the purpose of regulating acidic taste in an amount (expressed as dry matter) not exceeding 15 grams per litre of juice(1).
Plain soya, plain rice or plain oat drinks	Drink permitted if it satisfies the requirement in column 5.	Drink permitted if it satisfies the requirement in column 5.	Drink permitted if it satisfies the requirement in column 5.	No added substances other than a substance in column 6.	May contain added calcium.
Combination drinks
Fruit juice or vegetable juice combined with plain water (still or carbonated)	Drink permitted only as part of school breakfast or school lunch and if it satisfies the requirement in column 5.	Drink permitted only as part of school breakfast or school lunch and if it satisfies the requirement in column 5.	Drink permitted if it satisfies the requirement in column 5.	Must contain a minimum of 50% fruit juice or vegetable juice. No added substances other than a substance in column 6.	May contain colours, flavourings and other additives such as preservatives, antioxidants and stabilisers in accordance with the relevant European Union Regulations defined in regulation 2 of these Regulations.
Fruit juice or vegetable juice combined with plain milk or plain yoghurt.	Drink not permitted.	Drink not permitted.	Drink permitted if it satisfies the requirement in column 5.	Milk must be semi-skimmed or skimmed. Milk or yoghurt must be at least 50% milk by volume. No added substances other than a substance in column 6.	May contain colours, flavourings and other additives such as preservatives, antioxidants and stabilisers in accordance with the relevant European Union Regulations defined in regulation 2 of these Regulations. May have less than 5% added sugar or honey added. May contain vitamins and minerals.
Fruit juice or vegetable juice combined with plain soya, plain rice or plain oat drinks.	Drink not permitted.	Drink not permitted.	Drink permitted if it satisfies the requirement in column 5.	Must contain a minimum of 50% soya, rice or oat drink by volume. No added substances other than a substance in column 6.	May contain colours, flavourings and other additives such as preservatives, antioxidants and stabilisers in accordance with the relevant European Union Regulations defined in regulation 2 of these Regulations. May have less than 5% added sugars or honey added. May contain vitamins and minerals.
Flavoured milk, yoghurt or soya, rice or oat drinks.	Drink not permitted.	Drink not permitted.	Drink permitted if it satisfies the requirement in column 5.	Milk must be semi-skimmed or skimmed. Milk or yoghurt or soya, rice or oat drink must be at least 90% by volume. No added substances other than a substance in column 6.	May contain colours, flavourings and other additives such as preservatives, antioxidants and stabilisers in accordance with the relevant European Union Regulations defined in regulation 2 of these Regulations. May have less than 5% added sugars or honey added. May contain vitamins and minerals.
Blended drinks
A drink made singly or in combination with a blend or puree of fruit, vegetables, fruit juice or vegetable juice.	Drink permitted only as part of school lunch and if it satisfies the requirement in column 5.	Drink permitted only as part of school lunch and if it satisfies the requirement in column 5.	Drink permitted if it satisfies the requirement in column 5.	No added substances other than a substance in column 6.	A blended drink may contain colours, flavourings and other additives such as preservatives, antioxidants and stabilisers in accordance with the relevant European Union Regulations defined in regulation 2 of these Regulations.
Hot drinks
Tea or coffee	Drink not permitted.	Drink not permitted.	Drink permitted if it satisfies the requirement in column 5.	No added substances other than a substance in column 6.	May contain semi-skimmed or skimmed milk.
Hot chocolate	Drink not permitted.	Drink not permitted.	Drink permitted if it satisfies the requirement in column 5.	Must be made with plain water, or plain milk (semi-skimmed or skimmed) or plain soya, plain rice or plain oat drink. Drink must not exceed 250ml in volume. No added substances other than a substance in column 6.	May contain vitamins and minerals. May have less than 5% added sugars or honey added.

Regulation 8

SCHEDULE 6 OTHER FOOD PROVIDED IN MAINTAINED SCHOOLS

Table E

The requirements in Table E apply to food provided otherwise than as school breakfast or school lunch.

Product	Nursery schools	Primary schools	Secondary schools
Fruit and Vegetables	Product must be available in any place on school premises where food is provided.	Product must be available in any place on school premises where food is provided.	Product must be available in any place on school premises where food is provided.
Salt	Product not permitted.	Product not permitted.	Product not permitted.
Condiments	Product not permitted.	The portion of any condiment made available must not exceed 10ml.	The portion of any condiment made available must not exceed 10ml.
Confectionary	Product not permitted.	Product not permitted.	Product not permitted.
Savoury snacks	Product not permitted.	Product not permitted.	Product not permitted.
Cakes and Biscuits	Product not permitted.	Product not permitted.	Product may only be provided if product: (a) is permitted under paragraph 10 of Schedule 3; and (b) complies with Schedule 4.
Potato and Potato products	Product not permitted.	Product may only be provided if it is treated as being a product permitted under paragraph 5(1) of Schedule 3.	Product may only be provided if it is treated as being a product that is permitted under paragraph 5(1) of Schedule 3.
Deep-fried or flash-fried food (excludes potatoes)	Product not permitted.	Product may only be provided if it is treated as being a product that is permitted under paragraph 6 of Schedule 3.	Product may only be provided if it is treated as being a product that is permitted under paragraph 6 of Schedule 3.
Meat products	Product not permitted.	.Product may only be provided if: (a) it is treated as being a product that is permitted under paragraph 8(1) and (2) of Schedule 3; and (b) complies with the requirements under paragraph 8(3) to (7) of Schedule 3.	Product may only be provided if: (a) it is treated as being a product that is permitted under paragraph 8(1) and (2) of Schedule 3; and (b) complies with the requirements under paragraph 8(3) to (7) of Schedule 3.

(1)

As permitted by paragraph 3(a) of Schedule 3 to S.I 2003/3041(W.286)(as amended by S.I. 2011/700 (W.107)).