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Tamalpais Union HSD |  AR  3554  Business and Noninstructional Operations

Other Food Sales   

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State law and regulations allow food sales on campus by student and adult organizations. These laws are designed to promote student nutrition and to protect the viability of the district's food service. All district employees and student and adult organizations must comply with these laws. Individual employees cannot sell, or solicit students to sell food items on campus, unless they are serving as advisers to student organizations selling food on campus.

The sale of foods during meal periods in food service areas shall be allowed only if the net 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 or adult organization(s) sponsoring the sale. (7 CFR 210.11, 220.12)

In order to be eligible to conduct food sales during school hours and one hour after school hours, a parent/guardian group or outside group must be legally organized for charitable and nonpartisan purposes. (Education Code 51520)

Home-baked goods may be sold by an organization on no more than three (3) occasions during any 90day period. Any such sale must be conducted on school property. (Health and Safety Code 113785, 13825)

Rules for the Sale of Food Items on Hiah School Campuses by Student or Adult Organizations

1. All food sales by organizations must be authorized by the Superintendent or his/her designee. (Education Code 48931)

2. An organization cannot sell food before the regular school day. (5 CCR 15501)

3. Competitive food sales outside of the food service areas are prohibited during lunch and morning breaks, unless a minimum of 20% of the proceeds earned by an organization accrue to the District Food Service Program.

4. Vending machines outside of the food service areas shall be made inoperable during lunch and morning breaks so as not to compete with district Food Services, unless a minimum of 20% of the proceeds earned by an organization accrue to the District Food Service Program.

5. An organization cannot sell any food items during the regular school day that are sold by the district in the food service program at the same school during that school day. (For example, if the cafeteria sells Cheetos or Snickers, the student organization cannot sell Cheetos or Snickers on the same day.) (5 CCR 15501(d))

6. The food sold by an organization during the regular school day shall not be prepared on the premises. (5 CCR 15501(c))

7. The following rules apply to regular daily food sales:

a. During any given school day, only one organization at a school shall be approved to sell no more than three types of food or beverage items. ATypes@ of drinks, chips, cookies, etc. (5 CCR 15501(b)(1))

b. At least 50% of all food items offered for sale each school day at a school by an organization must be selected from the nutritious foods listed in Exhibit 3554(a). (Education Code 38085)

c. The Director of Food Services shall work with the organizations to ensure compliance with Rules 3, 4, 7(a) and 7(b) above.

8. In addition to the daily food sales, any number of organizations may also conduct up to four food sales of wy food or beverage items during a school year. (These sales must be held on the same four days for all organizations.) On these four days, the organization(s) can sell gny number of food or beverage items and there is no requirement that 50% of the items be selected from the nutritious foods list. (5 CCR 15501(b)(2))

9. Food sales shall not take place during instructional time, unless such sales are approved by the principal or designee.

10. Student fundraising food sales shall be conducted under the oversight of the Associated Student Body, Student Activity Funds.

(cf. 3542 - School Bus Drivers)


approved: January 11, 2000 Larkspur, California