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

• Citation: S.I. 2013/1984 (W.)
• Sections: 27

Section 1 Title, commencement and application

(1) The title of these Regulations is the Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 and they come into force on 2 September 2013.

(2) These Regulations apply in relation to Wales.

Section 2 Interpretation

(1) In these Regulations—

“the 1996 Act ” (“ Deddf 1996 ”) means the Education Act 1996 ;

“boarding school” (“ ysgol fyrddio ”) means a maintained school which has boarding pupils, whether or not it also has day pupils;

“confectionery” (“ melysion ”) means—

chewing gum including sugar free chewing gum;

cereal bars (whether chewy or crunchy);

processed or extruded fruit bars;

other non-chocolate confectionery (whether or not containing sugar) including mints;

frostings or icings or decorative toppings made from icing sugar;

chocolate in any form (except hot chocolate);

any product containing chocolate or wholly or partially coated with chocolate;

any chocolate flavoured substance (except cocoa powder used in cakes, biscuits and puddings or in a drink listed in Table D to Schedule 5);

“evening meal” (“ pryd gyda’r hwyr ”) in relation to a maintained boarding school, means food or drink provided on or after 6pm;

“fruit juice” (“ sudd ffrwythau ”) means—

the products described by that name; or

the product described by the name of “fruit juice from concentrate” in Schedule 3 to the Fruit Juices and Fruit Nectars (Wales) Regulations 2013 ;

“junior pupil” (“ disgybl iau ”) has the meaning given to it by section 3(2) of the 1996 Act;

“maintained nursery school” (“ ysgol feithrin a gynhelir ”) means a nursery school or a nursery unit in a primary school maintained by a local authority;

“maintained school” (“ ysgol a gynhelir ”) has the meaning given to it by section 11 of the Healthy Eating in Schools (Wales) Measure 2009;

“milk” (“ llaeth ”) means whole milk, semi-skimmed milk or skimmed milk;

“ meat ” (“ cig ”) 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);

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“Meat Products Regulations” ( “Rheoliadau Cynhyrchion Cig ”) means the Products Containing Meat etc. (Wales) Regulations 2014;

“medically prescribed dietary requirements” (“ anghenion deietegol sydd wedi eu rhagnodi’n feddygol ”) means dietary requirements prescribed by—

a registered medical practitioner; or

a dietitian who is registered in Part 4 of the Register maintained under article 5 of the Health Professions Order 2001 ;

“oily fish” (“ pysgod olewog ”) includes anchovies, herring, kipper, mackerel, pilchards, salmon, sardines, trout, tuna (but not canned tuna) and whitebait but excludes fortified fish products or other foods fortified with omega 3;

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

“primary education” (“ addysg gynradd ”) has the meaning given to it by section 2(1) of the 1996 Act;

“primary school” (“ysgol gynradd”) means a school that provides primary education (whether or not it also provides other kinds of education);

“product containing meat” (“ cynnyrch sy’n cynnwys cig ”) has the same meaning as “regulated product” (“ cynnyrch rheoleiddiedig ”) in regulation 2 of the Products Containing Meat etc. (Wales) Regulations 2014;

“provide” (“ darparu ”) includes arranging provision;

“ relevant European Union Regulations ” (“ Rheoliadau Undeb Ewropeaidd perthnasol ”) means—

Regulation (EC) No 1333/2008 of the European Parliament and the Council of the European Union on food additives as amended from time to time ;

Regulation (EC) No 1334/2008 of the European Parliament and the Council of the European Union on flavourings and certain food ingredients with flavouring properties for use in and on foods as amended from time to time ;

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

“savoury snacks” (“ byrbrydau sawrus ”) means —

pre-packaged items (excluding confectionery, sandwiches, cakes, biscuits, nuts and seeds) which are ready to eat without further preparation; and

consist of or include as a basic ingredient—

potato or root vegetables (such as crisps);

cereals (such as corn puff or corn snacks);

tortilla chips;

pretzels;

popcorn (whether plain, sweetened or salted);

prawn crackers;

rice cakes (whether plain or flavoured);

Bombay mix;

“school breakfast” (“ brecwast ysgol ”) means food provided for consumption by pupils or other persons on school premises before the start of the morning school session, or in the case of a community or foundation special school before or at the start of the morning school session;

“school day” (“diwrnod ysgol”) in relation to a maintained school, means any day on which at that school there is at least one school session which takes place between 8.30am and 6pm;

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

“school premises” (“ mangre ysgol ”) means the premises of the maintained school;

“secondary school” (“ysgol uwchradd”) means a school that provides secondary education (whether or not it also provides other kinds of education);

secondary education” (“ addysg uwchradd ”) has the meaning given to it by section 2(2) of the 1996 Act;

“senior pupil” (“ disgybl hŷn ”) has the meaning given to it by section 3(2) of the 1996 Act;

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

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

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

(a) at any school social event or school recreational event to mark any religious or cultural occasion;

(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 provided to pupils as part of a school breakfast or school lunch;

(e) by parents, pupils or other persons for their own consumption on school premises;

(f) as part of any medically prescribed dietary requirements.

Section 3 Revocations

The Education (Nutritional Standards for School Lunches) (Wales) Regulations 2001 are revoked.

Section 4 Breakfast in maintained schools

(1) A local authority or a governing body of a maintained school must comply with the requirements in Schedule 1 where it provides school breakfast on a school day to—

(a) registered pupils of a maintained school whether on school premises or a place other than school premises;

(b) any other person on the school premises.

(2) Where the local authority or governing body provides school breakfast in accordance with paragraph (1), it must give the pupil or other person the option to choose one food item from each of the food categories listed in Table A in Schedule 1.

Section 5 Lunch in maintained nursery schools

(1) Subject to paragraph (2), a local authority or a governing body of a maintained school must comply with the requirements in Schedule 2 where it provides school lunch on a school day to—

(a) registered pupils of a maintained nursery school whether on school premises or a place other than school premises;

(b) any other person on the premises of a maintained nursery school.

(2) The requirements in Schedule 2 do not apply where a local authority or a governing body of a maintained school has complied with the requirements in Schedule 3 and the nutritional standards in Schedule 4 in relation to school lunches provided to persons in paragraph (1).

Section 6 Lunch in maintained primary and secondary schools

(1) This regulation applies where a local authority or a governing body of a maintained school provides school lunch on a school day to—

(a) registered pupils at a maintained school whether on school premises or at a place other than school premises; and

(b) any other person on the school premises.

(2) The local authority or governing body must ensure that school lunch provided to a person specified in paragraph (1) complies with the requirements in Schedule 3 and the nutritional standards in Schedule 4.

(3) The local authority or governing body must ensure that school lunch provided to pupils on a school trip on a school day complies with the requirements in Schedule 3 and the nutritional standards in Schedule 4.

(4) Where a local authority or a governing body provides both primary and secondary education at the school, the school lunch provided to—

(a) a junior pupil must comply with the requirements for primary schools in Schedule 3 and the nutritional standards for primary schools in Schedule 4; and

(b) a senior pupil must comply with the requirements for secondary schools in Schedule 3 and the nutritional standards for secondary schools in Schedule 4.

(5) Where a school is open for fewer than five days in any week the requirements in 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.

Section 7 Drinks in maintained schools

(1) This regulation applies to a drink provided to—

(a) registered pupils of a maintained school whether on school premises or at a place other than school premises; and

(b) any other person on the school premises.

(2) The local authority or governing body must ensure that a drink provided to a person in paragraph (1), complies with the requirements in Schedule 5.

(3) Where a local authority or a governing body provides both primary and secondary education at the school, a drink provided to—

(a) a junior pupil must comply with the requirements for primary schools in Schedule 5; and

(b) a senior pupil must comply with the requirements for secondary schools in Schedule 5.

Section 8 Provision of other food or drink in maintained schools

(1) A local authority or a governing body of a maintained school must comply with the requirements in Schedule 6 if it provides food on a school day that does not form part of school breakfast or school lunch to persons specified in paragraph (3).

(2) A local authority or a governing body of a maintained school must comply with the requirements in Schedule 5 if it provides drink on a school day that does not form part of school breakfast or school lunch to persons specified in paragraph (3).

(3) For the purposes of this regulation, the reference to persons in paragraphs (1) and (2) means—

(a) pupils who are registered at a maintained school and who are—

(i) on school premises before 6pm;

(ii) at a place other than school premises before 6pm;

(b) any other person on the school premises before 6pm.

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

Section 1

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

Section 2

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

Section 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.

Section 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.

Section 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.

Section 1

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

Section 2 Vegetables

(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.

Section 3 Fruit

(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.

Section 4 Fish

(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.

Section 5 Potato and potato products

(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.

Section 6 Deep-fried or flash-fried food

(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.

Section 7 Meat

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.

Section 8 Meat Products

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

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

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

(4) Products containing meat including luncheon meat must meet the minimum meat content levels set out in Schedule 1 to the Meat Product Regulations.

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

(6) No economy burgers as defined in Schedule 1 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 1 to the Meat Product Regulations may only be provided if it complies with the meat content requirements for “Burger” in that Schedule.

Section 9 Confectionary and savoury snacks

No confectionery or savoury snacks may be provided.

Section 10 Cakes and biscuits

Cakes and biscuits must not contain any confectionery.

Section 11 Salt and condiments

(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.

Section 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.

Section 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.

Section 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.