The Switch Beverage Company filed a petition with this agency requesting a waiver from administrative rule 281--Iowa Administrative Code 58.11. The rule in question permits 100% fruit juices, but prohibits all carbonated beverages. The waiver petition asks that a product that is both carbonated and 100% fruit juice be available to students in Iowa's schools.

Notice of the filing of the petition was provided to the Iowa State Education Association, School Administrators of Iowa, Iowa Association of School Boards, and the Iowa Nutrition Advisory Panel. Only the latter provided a formal position statement, noting that "[b]ecause there are no nutritional implications with carbonation, there is no merit to excluding beverages on the basis of carbonation. In this case, the product does meet the Panel's original recommendation that only beverages contributing to the nutritional value of the overall diet be included, i.e. water, 100% fruit and vegetable juices and milk."

Because we recognize that the beverage in question here may not be the only beverage that is allowable under rule 58.11 but for the carbonation, we extend this waiver to all other beverages that are 100% fruit or vegetable juice, whether carbonated or not. A partial list of acceptable beverages is included in Appendix A herein. All beverages listed are 100% fruit or vegetable juices, which are carbonated. These beverages may also be permitted in schools and school districts as an item available to students notwithstanding rule 58.11. This list shall be maintained and updated as needed on the Iowa Department of Education's Healthy Kids Act webpage (http://www.iowa.gov/educate/index.php?option=com_content&view=article&i… ) , under "Other Documents".