The Requirements for School Food Regulations 2014

Citation and commencement

1.  These Regulations may be cited as the Requirements for School Food Regulations 2014 and come into force on 1st January 2015.

Interpretation

2.—(1) In these Regulations—

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

“boarding school” means a school which has boarding pupils, whether or not it also has day pupils;

“confectionery” includes 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 E of Schedule 1;

“food” includes drink;

“fruit juice” means a product that complies with the specification in Schedule 2 (Specification for Fruit Juice) or Schedule 3 (Specification for Fruit Juice from Concentrate) to the Fruit Juices and Fruit Nectars (England) Regulations 2013(2);

“governing body” includes the management committee of a pupil referral unit;

“lower fat milk” means milk the fat content of which has been reduced to not more than 1.8%;

“meat” means the skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue but does not include mechanically separated meat (which has the meaning given in point 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin)(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, sandwiches, cakes or biscuits 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;

“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 with no other substance added, except that any water extracted during concentration may be restored;

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

“wholegrain” means made with or containing whole unprocessed grains.

(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, including where the food prepared is served to pupils as part of a school lunch; or

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

(3) For the purpose of these Regulations food is divided into the groups and sub-groups shown in Schedule 1, and any reference to a group or sub-group is a reference to one of those groups or sub-groups.

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

(5) Regulations 3, 4 and 5 do not apply to food provided in nursery schools or nursery units within primary schools.

Lunch Requirements

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

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

(b) any other person on the school premises.

(2) The requirements set out in Schedule 2 and Schedule 3 must be complied with.

Provision of other food

4.—(1) Subject to paragraphs (2) and (3), 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 3 and Schedule 4.

(2) Paragraph (1) does not apply in relation to any part of the school premises which is under the control of a person or body other than the governing body by virtue of a transfer of control agreement.

(3) The requirements set out in paragraph 6 of Schedule 3 and paragraphs 2 to 4 of Schedule 4 do not apply in relation to confectionery, snacks, cakes or biscuits provided to pupils at a boarding school as part of an evening meal.

5.—(1) This regulation applies to food provided by a local authority or governing body to pupils on a school trip where the trip is for at least seven days.

(2) Where food is provided on a school day before 6 p.m. otherwise than as part of a school lunch, this must be provided in accordance with the requirements set out in Schedule 3 and Schedule 4.

Drinks

6.  The supply of drinking water required by regulation 9(1) of the School Premises (England) Regulations 2012(4) must be provided free of charge at all times to registered pupils on the school premises.

7.  Fruit juice provided in schools must not contain any added vitamins or minerals.

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

(a) food additives in accordance with Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives(5); and

(b) any substances mentioned in group E.

(2) Drinks included in sub-group E2 (combination drinks) may also contain flavourings in accordance with Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC(6).

Milk

9.—(1) Lower fat milk and lactose reduced milk (sub-group D1) must be made available on every school day at a time during school hours.

(2) For the purposes of this regulation, “school hours” means any time during a school session or during a break between school sessions.

Nurseries

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

(2) If at any time the requirements in Schedule 2 and Schedule 3 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.

Revocation

11.  The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007(7) are revoked on 1st January 2015.

David Laws

Minister of State for Schools

Department for Education

16th June 2014