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November 4, 1992
Table I of the Competitive Food Sales Policy • Table II of the Competitive Food Sales Policy • Competitive Food Sale Summary
Regulation of competitive food sales is required by Education Code Sections 39876 and 48931, California Administrative Code, Title 5, Sections 15500, 15501; and Federal Regulations 7CFR Part 210 (as amended 6/17/85) National School Lunch Program.
The following revised policy is adopted by the governing Board of the West Contra Costa Unified School District on November 4, 1992.
1.0 Competitive Food Sales in Food Service Area:
1.1 The Sale of food of Minimal Nutritional Value (Table I) shall be prohibited in the food service area during the lunch period.
1.1.1 "Food Service Area" is defined as the cafeteria where meals subsidized by the National School Lunch are served and eaten.
1.1.2 The "Lunch Period" is defined as the time designated for the service and consumption of meals from the time students are released from classes to the time students return to their classes.
1.2 The sale of foods of minimal nutritional value may take place in areas other than the food service area according to District and State guidelines 2.0-5.0 outlined below.
2.0 Food Sales by Student Organizations Before and After School:
Student organizations may sell food items before and after school and are not regulated by State or Federal guidelines.
3.0 Competitive Food Sales by a Student Organization in Elementary School (Grades K-6) During the School Day (Ed. Code 48931 - Title 5, 15500)
3.1 Food sale item must be from the Nutritious List (Table II). A maximum of one food item may be sold.
3.2 The sale occurs after the close of the noon meal service period.
3.3 The food item is not prepared on the premises.
3.4 There are no more than four such sales per year per school.
3.5 The food item is a dessert-type food such as fruit, pastry, or ice cream.
3.6 The food item is not sold in the lunch program that day at the school and not sold in the Food Service Area.
4.0 Competitive Food Sales by Parent-Booster Organizations - Elementary Schools
Parent-Booster Hot Dog Sales are permitted provided compliance with the following requirements is met:
4.1 Proceeds Accountability:
4.1.1 Hot dog sale proceeds should be segregated from other Parent-Booster income. This can be accomplished by either using a separate checking account or by establishing a separate income line item-account code within an existing account.
4.1.2 The account must be made available at any time for inspection by WCCUSD.
4.1.3 All expenditures must be made by check and must be supported by invoices. All expenditures must be approved by two individuals.
4.1.4 All deposits must be made intact and should be supported by an inventory depletion form.
4.1.5 Bi-annual financial statements must be provided to the site principal.
4.2 The Parent-Booster group has received written Board approval for fund raising, and the net proceeds accrue to the benefit of the school.
4.3 Parent-Booster groups must provide evidence of personal injury/liability coverage. (Submit proof of coverage to Marlene Freeman, District Risk Management Office, Extension 2091.)
4.4 The item to be sold must be nutritious. Items of minimal nutritional value must not be sold.
4.5 The food is not prepared on the premises at the same time that the lunch program food is being prepared or served.
4.6 Only one food item from Table II is sold.
4.6.1 A lunch package may be sold consisting of a hot dog, chips or dessert, and a drink.
4.6.2 There are no price restrictions for food services provided by a parent organization. The schools' Federal Lunch Program has set a $1.75 maximum but this applies only to food sales provided by the WCCUSD.
4.7 The food item is not sold in the lunch program that day at school and not sold in the food service area.
4.7.1 Monday will be official "hot dog day" for all schools in the WCCUSD.
4.7.2 Parent-Booster food sales must take place outside of the food service area in each school. Work with the Principal to find a suitable location.
4.7.3 Parent-Booster groups will need extra adult supervision for traffic control and to insure that students are returning to their designated areas.
5.0 Competitive Food Sales by Student Organizations in Secondary Schools Grades 7012 During the School Day (Ed. Code 48931, Title 5 15501)
5.1 Only one approved student organization may conduct food sales each day and/or any number of organizations may conduct no more than four food sales of any food items on the same four days each school year.
Note: At least fifty percent (50%) of the food items offered for sale each school day at any site by an organization must be from the List of Nutritious Foods (Table II).
5.2 The principal must coordinate with the school cook-manager in advance of the scheduling of the organizations which will be conducting no more than four food sales of any food items on the same four days each year to guarantee that the food items to be sold by students are not sold in the School Lunch Program on those four days. Example: School organizations may schedule International Food Days.
5.3 The one approved student organization shall be approved to sell no more than three types of food or beverage items. The approved types are confections, popcorn or soft drinks.
Note: Approved Types:
Confections: Candies, cookies, pies and cakes
Soft Drinks
Popcorn
Types Which Are Not Approved:
Fruit Juices
Sandwiches
Fruit
5.4 The food items to be sold must not be prepared on the premises nor sold in the same geographic location as the District Food Service Snack Bar.
Note: The student organization food sale stand must not be adjacent to or facing the District Food Service Snack Bar. (Example: Not in the Cafeteria Mall.)
5.5 The food items to be sold must not be sold in the National School Lunch Program that day.
This policy applies to all food sold on school premises through students stores, vending machines, non-school organizations, or students organizations.
The principal of the school, with the assistance of the Area Directors, will monitor compliance of the policy.
See Table I- Categories of Food of Minimal Nutritional Value and Table II- Nutritious Foods.
Adopted - Board of Education 7/7/82
Adopted - Board of Education 12/5/85
Education Code Sections Pertaining to Competitive Food Sale
Education Code Section 39876
Fifty (50) percent of all food items offered for sale each school day at any site by any organization or entity during regular school hours shall be selected from the specified list of nutritious foods (Table II). Food items reimbursed under the National School Lunch Act or Child Nutrition Act are not included in the 50 percent calculation.
California Administrative Code - Sections 15500 and 15501
15500 - Food Sales in Elementary Schools
- Except as provided in subsection (b) and Section 15501, no school providing kindergarten or any of grades one through eight shall permit the sale of food by pupil organizations if school is participating in the National School Lunch, School Breakfast, or Food Distribution program.
- The governing board of a school district or a county superintendent of schools may permit a student organization to sell not more than one food item per sale when all of the following conditions are met:
- The specific nutritious food item is approved by the governing board.
- The food sales do not begin until after the close of the regularly scheduled midday food service period.
- The sales during the regular school day are not of food items prepared on the premises.
- There are no more than four such sales per year per school.
- The food item sold is a dessert type food, such as pastry, ice cream or fruit.
- The food item sold is not one sold in the food service program at that school during that school day.
15500 - Sales in High Schools and Middle Schools
The governing board of any district or a county superintendent of schools maintaining a high school or a junior school may permit an organization consisting solely of pupils of such school to sell food items during or after the regular school day if the following conditions are met:
- The specific nutritious food items are approved by the governing board.
- A student organization or organizations may be approved to sell food at any time during the school day, including the regularly scheduled food service period(s), as provided in (1) or (2):
- Only one such organization each school day selling no more than three types of food or beverage items such as confections, popcorn, nuts, fruit, or soft drinks; and/or
- Any one or more student organizations may conduct no more than four food sales of any food items during a school year in each school, but such sales shall be held on the same four days for any or all organizations.
- The sales during the regular school day are not of food prepared on the premises.
- The food 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.
Adopted - Board of Education 7/7/82
Adopted - Board of Education 12/5/85
Adopted - Board of Education 11/4/92 |
