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Sweetwater Un HSD |  AR  3554  Business and Noninstructional Operations

Competitive Food And Beverage Sales   

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Purpose

The purpose of this policy is to outline administrative procedures governing food sales by student organizations on school premises during the school day, and to outline regulations regarding lunch hours on minimum days and in high schools.

(cf. 1230 - School-Connected Organizations)

(cf. 1321 - Solicitations of Funds From and by Students)

(cf. 3452 - Student Body and Affiliated Organizations, Purposes, Privileges and Fiscal Management

(cf. 3554 - Other Food Sales

(cf. 3550 - Food Service/Child Nutrition Program)

(cf. 5030 - Student Wellness)

Nutritional Standards for Foods and Beverages

Food sales outside the district's nutrition services program shall comply with the nutritional standards specified in Education Code 38085. Beginning July 1, 2007, food sales outside the district's food service program shall comply with the standards described in Education Code 49431.2 for middle schools, junior high schools, and high schools. (Education Code 38085, 49431, 49431.2)

Beverage sales shall be subject to the nutritional standards specified in Education Code 49431.5. (Education Code 49431.5)

Nutrition Services Program

It is the intent of federal, state, and district policies to provide healthful foods and nutrition education for all students while restricting or eliminating access to unhealthful foods in the school environment. The basic programs designed to meet these objectives are the regular food nutrition service programs, free and reduced-price meals and snacks, and nutrition education. Food sales by student body organizations are closely governed by federal and state regulations.

Regular and Minimum Day Lunch Periods

Regulations require that students be given adequate time to consume lunch before the school day ends, including minimum days.

It is required that at least two hours elapse between when the breakfast meal period ends and the lunch meal period begins.

Competitive Food Sales - After the School Day

The sale of food items that do not comply with the nutritional standards in Education Code 49431.2, when effective, may be permitted at a middle school, junior high school, or high school in any of the following circumstances: (Education Code 49431.2)

1. The sale takes place off and away from school premises.

2. The sale takes place on school premises at least one-half hour before or after the end of the school day.

3. The sale occurs during a school-sponsored student activity before or after the end of the school day.

Beverage sales that do not comply with the nutritional standards in law may be permitted at a middle school, junior high school or high school as part of a school event under the following circumstances: (Education Code 49431.5)

1. The sale occurs during a school-sponsored event and takes place at the location of the event at least one-half hour before or after the end of the school day.

2. Vending machines, student stores, and cafeterias are used later than one-half hour before or after the end of the school day.

Additional Requirements for Schools Participating in the National School Lunch or Breakfast Program

The sale of foods during meal periods in food service areas shall be allowed only if all income from the sale, including the sale of approved foods or drinks from vending machines, accrues to the benefit of the school, the school food service program, or the student organization(s) sponsoring the sale. (7 CFR 210.11, 220.12)

Competitive Food Sales - During the School Day

General

Competitive Food Sales Limitations:

Only student organizations may sell food to pupils on school campuses from one-half hour before to one-half hour after school hours including minimum days, following the guidelines under the Implementation process included below. No parent or community organizations, private individuals or commercial entities may sell food to pupils on school campuses during those hours (ex. PTA, PTSA or School Connected Organizations).

No foods of minimal nutritional value, as listed in 7 CFR 210, Appendix B, and 7 CFR 220, Appendix B, shall be sold in food service areas during breakfast and lunch periods. (7 CFR 210.11, 220.12)

Implementation:

The Superintendent or his/her designee shall not permit the sale of foods by student organizations in a school with any of grades 7-8 that is participating in the National School Breakfast or Lunch Program, except under the following guidelines. (5 CCR 15500)

1. Middle School Food Sales

a) Effective from one-half hour before to one-half hour after school hours.

b) Applies to food and beverage sales by student organizations.

c) Only one food or beverage item per sale. The food or beverage must meet nutritional requirements listed in Section 3.

d) Four sales per year are permitted per campus.

e) Food or beverage items sold during the regular school day are not those sold by the district in the food service program at that school during that school day.

f) This food or beverage sale item shall not be prepared on the campus.

g) Notification to the cafeteria supervisor, by the school Principal and/or designee needs to be made at least forty-eight (48) hours in advance of the sale or the event may be cancelled by the District.

2. High School Food Sales

a. Effective from one-half hour before to one-half hour after school hours.

b. Applies to food and beverage sales by student organizations.

c. Up to three categories of foods or beverages may be sold each day (e.g., chips, sandwiches, juices, etc.). Food and beverages must meet nutritional requirements listed in Section 3.

d. Only one student organization may be allowed to sell each day.

e. In addition to one student organization sale each day, any and all student organizations may sell on the same four designated days per year. Principal and/or designee determines these dates and needs to notify the cafeteria supervisor/site leader.

f. Food or beverage items sold during the regular school day are not those sold by the district in the food service program at that school during that school day.

g. Food or beverage items sold shall not be prepared on the campus.

3. Nutritional Guidelines for Food and Beverages Sold in Middle and High Schools by Student Organizations to Pupils from one-half hour before to one-half hour after the School Day:

a. Individually sold snacks may have no more than:

1) Thirty-five percent of its calories from fat. This does not apply to the sale of nut butters, seeds, eggs, fruits and vegetables that have not been deep-fried, legumes and cheese packaged for individual sale.

2) Ten percent of its calories from saturated fat. This does not apply to eggs and cheese packaged for individual sale.

3) Thirty-five percent sugar by weight, including naturally occurring and added sugars. This does not apply to the sale of fruits or vegetables that have not been deep fried.

4) 250 calories per food item in secondary schools.

b. Individually sold entrees may have no more than:

1) Four grams of fat per 100 calories.

2) 400 calories.

3) Snacks and entrees cannot be deep fried, par fried, or flash fried, nor can they contain artificial trans-fat.

c. Beverages.

1) Fruit-based and vegetable-based drinks with at least 50 percent juice and no added sweeteners.

2) Water without added sweeteners or caffeine.

3) Milk, including one-percent, non-fat, soy, rice, and other similar non-dairy milk that contains Vitamins A & D and more than 25 percent of the calcium Daily Value per eight fluid ounces and less than 28 grams of total sugar per eight fluid ounces.

4) Electrolyte replacement beverages that contain no more than 42 grams added sweetener per 20-oz. serving.

5) No coffee, coffee drinks, tea or soda may be sold to students.

d. Foods of Minimal Nutritional Value (FMNV). The following food and beverages cannot be sold by any entity to a student.

1) Carbonated or aerated water

2) Water Ices - except if made with 100 percent juice

3) Chewing gum

4) Candy bars

5) Hard candies

6) Jelly and gum candies

7) Marshmallow candies

8) Fondant

9) Licorice

10) Spun candy

11) Candy-coated popcorn

4. Meals Periods on Minimum Days

a. On minimum days, students must be given adequate time to consume lunch before the school day ends.

b. The minimum day ends after the last class completes their meal period.

c. The competitive food sale guidelines are in force one half-hour after the minimum day ends.

5. Extended Lunch Periods in High School

a. Regulations require that schools provide sufficient lunch periods that are long enough to give all students enough time to be served and to eat their lunches.

b. To accommodate the large numbers of students on high school campuses, high school principals must schedule 30- to 40-minute lunch periods.

c. Lunch periods must be scheduled at least two hours after the breakfast period ends.

Legal Reference:

EDUCATION CODE

49431, 49431.2, 49431.5 The Pupil Nutrition, Health, and Achievement Act of 2001

CALIFORNIA CODE OF REGULATIONS, TITLE 5

15500, Food Sales in Elementary Schools

15501, Sales in High Schools and Junior High Schools

UNITED STATES DEPARTMENT OF AGRICULTURE

7 CFR, Parts 210 and 220

California Senate Bills 12 (2017, Chapter 722) and 965 (2005, Chapter 235)

Regulation SWEETWATER UNION HIGH SCHOOL DISTRICT

approved: November 17, 2008 Chula Vista, California

revised: September 3, 2019