The Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020

Publication Date:January 01, 2020

2020No. 153

EDUCATION

The Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020

Made14thMay2020

Laid before the Scottish Parliament18thMay2020

Coming into force8thApril2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 56A, 56B and 56D of the Education (Scotland) Act 1980( 1) and all other powers enabling them to do so.

Citation and commencement

1. These Regulations may be cited as the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020 and come into force on 8 April 2021.

Interpretation and application

2.—(1) In these Regulations—

“analysed lunch” means a two course school lunch offered to secondary school pupils that is chosen from a clearly identified, set menu which offers a minimum of two options for a main course and at least one other course and which is designed to meet the energy and nutrient standards set out in the table in schedule 3,

“bread and bread rolls” includes ciabatta, focaccia, nan, pitta, chapatti and tortilla,

“confectionery” includes—

(a) chewing gum,

(b) processed fruit bars,

(c) wholly or partially yoghurt-coated products,

(d) non-chocolate confectionery (whether or not containing sugar),

(e) chocolate in any form and any product containing or wholly or partially coated with chocolate or any chocolate flavoured substance,

but does not include cocoa powder used in sweetened baked products and desserts or in drinks,

“evening meal” means any food or drink provided by an education authority as a meal at the end of a school day for consumption by pupils in attendance at a hostel provided and maintained by the education authority,

“free sugars” means—

(a) all sugars in table sugar, honey, sucrose, glucose and glucose syrups and lactose or galactose added to foods (including whey powder),

(b) all sugars in drinks including sugars naturally present in fruit and vegetable juices and the fruit and vegetable component of smoothies, and sugars in milk substitutes but not lactose naturally present in milk or in products containing milk,

(c) all sugars in fruit and vegetable purees and pastes, including jam and preserves, and products made from extruded fruit or vegetables, (but not the sugars integrally present in the cells of foods such as fruit and vegetables, including in dried, stewed or canned fruit),

“fruit juice” means a product defined in regulation 2(1) of, as read with schedule 2 of, the Fruit Juices and Fruit Nectars (Scotland) Regulations 2013( 2), or a product defined as “fruit juice from concentrate” in regulation 2(2) of, as read with schedule 3 of, those Regulations,

“primary school pupil” means a pupil receiving primary education,

“pupil” does not include pre-school children as defined in section 1(4B) of the Education (Scotland) Act 1980( 3),

“savoury snack” means any pre-packaged item which may be consumed without preparation and consists of or includes as a basic ingredient potatoes or other root vegetables, cereals, nuts or seeds, but does not include nuts or seeds without added salt, sugar and fat, sandwiches or cereal bars,

“school lunch” means any food or drink provided in the middle of the day for consumption by pupils as a midday meal on a school day,

“school meal” means a school lunch or an evening meal,

“secondary school pupil” means a pupil receiving secondary education,

“specified meat” means beef, goat, lamb, pork and venison, and offal from the sources of such meat, and “processed specified meat” is specified meat that has been preserved through salting, curing, smoking or adding preservative but does not include specified meat to which ingredients such as eggs or breadcrumbs have been added, and the quantities of specified meat and processed specified meat referred to in these Regulations refer to the cooked weight,

“sweetened baked products and desserts” includes cereal bars but does not include pastry and products containing pastry,

“total sugars content” means all sugars including free sugar, the sugars naturally present in milk and the sugars integrally present in the cells of foods such as fruit and vegetables, including in dried, stewed or canned fruit,

“vegetable juice” means juice extracted from vegetables or tomatoes with no other substance added except any water extracted during concentration.

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

(a) by parents or pupils,

(b) at any social, cultural or recreational event or to mark any religious or cultural occasion,

(c) 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 meal,

(d) as part of a medically prescribed diet for any pupil.

Provision of school meals - primary school pupils

3.—(1) This regulation applies to the provision of school meals—

(a) by an education authority under section 53(2) or (3) of the Education (Scotland) Act 1980( 4) for primary school pupils in attendance at—

(i) a public school,

(ii) a hostel provided and maintained by an education authority,

(b) by the managers of a grant aided school for primary school pupils in attendance at such schools.

(2) The education authority and the managers of a grant aided school must ensure that the requirements in Parts 1 and 2 of schedule 1 and the requirements in schedule 3 are complied with.

Provision of other food and drink - primary school pupils

4.—(1) This regulation applies where food or drink is provided to primary school pupils on the premises of—

(a) a public school,

(b) a hostel provided and maintained by an education authority,

(c) a grant aided school,

otherwise than as part of a school meal.

(2) The education authority and the managers of a grant aided school must ensure that the requirements in Parts 1 and 3 of schedule 1 are complied with.

Provision of school meals - secondary school pupils

5.—(1) This regulation applies to the provision of school meals—

(a) by an education authority under section 53(2) or (3) of the Education (Scotland) Act 1980 for secondary school pupils in attendance at—

(i) a public school,

(ii) a hostel provided and maintained by an education authority,

(b) by the managers of a grant aided school for secondary school pupils in attendance at such schools.

(2) The education authority and the managers of a grant aided school must ensure that the requirements in Parts 1 and 2 of schedule 2 are complied with.

(3) The education authority and the managers of a grant aided school must ensure that the requirements of schedule 3 are complied with in relation to the provision of analysed lunches and evening meals.

Provision of other food and drink - secondary school pupils

6.—(1) This regulation applies where food or drink is provided to secondary school pupils on the premises of—

(a) a public school,

(b) a hostel provided and maintained by an education authority,

(c) a grant aided school,

otherwise than as part of a school meal.

(2) The education authority and the managers of a grant aided school must ensure that the requirements in Part 1 of schedule 2 are complied with.

Provision of drinking water

7.—(1) Education authorities must ensure that drinking water is provided free of charge at all times, including during school meals, to pupils on the premises of—

(a) public schools,

(b) hostels provided and maintained by the education authority.

(2) The managers of a grant aided school must ensure that drinking water is provided free of charge at all times, including during school meals, to pupils on the premises of the school.

Revocation

8. The Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2008( 5) are revoked.

St Andrew's House,

Edinburgh

14th May 2020

JOHN SWINNEY

A member of the Scottish Government

SCHEDULE 1

Regulations 3(2) and 4(2)

Standards applicable to food and drink provided to primary school pupils

PART 1

Primary school meals and at other times

1. The requirements in this Part apply to the provision of food and drink for primary school pupils—

(a) as part of a school meal,

(b) on the premises of primary schools otherwise than as part of a school meal.

2. Specified meat and processed specified meat cannot be served other than as part of a school meal.

3. Breakfast cereals provided must contain—

(a) a total sugars content which does not exceed 15 grams per 100 grams,

(b) a total sodium content which does not exceed 440 milligrams per 100 grams,

(c) a total salt content which does not exceed 1.1 grams per 100 grams,

(d) a total fibre content of at least 3 grams per 100 grams.

4. Bread and bread rolls provided must contain a total fibre content of at least 3 grams of AOAC fibre per 100 grams( 6).

5. Pastry and products containing pastry can be provided no more than twice a week.

6. Sweetened yoghurt, fromage frais or other milk based desserts can be provided only in individual portions which do not exceed 125 grams and each portion must contain—

(a) a total sugars content which does not exceed 10 grams per 100 grams,

(b) a total fat content which does not exceed 3 grams per 100 grams.

7. No confectionery can be provided.

8.—(1) Oils must contain a total saturated fat content which does not exceed 16 grams per 100 grams and—

(a) a total monounsaturated fat content of at least 55 grams per 100 grams, or

(b) a total polyunsaturated fat content of at least 30 grams per 100 grams.

(2) Fat spreads must contain—

(a) a total saturated fat content which does not exceed 20 grams per 100 grams,

(b) a combined total monounsaturated and polyunsaturated fat content of at least 30 grams per 100 grams.

9.—(1) No salt is to be provided to add to food after the cooking process is complete.

(2) Condiments other than salt can be provided to pupils only in individual portions of no more than 10 millilitres.

10. Only the following drinks can be provided—

(a) plain water (still or sparkling),

(b) plain milk and calcium enriched milk...

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