Foods of Minimal Nutritional Value, Aerated Beverages
Food and Nutrition Service (FNS) has determined that all beverages labeled as "aerated" or that bubble and fizz for several minutes after opening are to be categorized as "Soda Water" defined by the Competitive Food Services Regulation 7 CFR Part 210.11 and Appendix B of Part 210.
Despite the fact that the definition for soda water found in Appendix B (a) (1) only uses carbon dioxide as the measure, FNS does not differentiate between aerated water and soda water. These two types of products are viewed and served the same way, and FNS does not believe that children can separate the two products. Perception is very important when making foods available to school-aged children. The child only sees a "soda" and aerated beverages to be foods of minimal nutritional value, and as such, they may not be served in the food service area during the meal periods of both the National School Lunch and School Breakfast Programs.