For all school participating in the National School Lunch or School Breakfast Program: The sale of competitive foods may be allowed only if all income from the sale of such foods accrues to the benefit of the nonprofit school food service or the school or student organizations approved by the school.
The sale of foods of minimal nutritional value (Table I) shall be prohibited in the food service areas during the breakfast or lunch periods.
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Requirements same for all grade levels
USDA definition of "competitive foods"; and foods sold in competition with the National School Lunch or School Breakfast Program to child in food service during the meal periods.
Income from all food sales conducted by the nonprofit school food service must be used only for the operation or improvement of that food service whether or not the sales occur within the food service area or during meal service periods.
"Food service area" shall be defined as the cafeteria where meals subsidized by the National School Lunch or School Breakfast Program are served and eaten. A mobile cart or vending machine located outside of the cafeteria, including those operated by the food service program, shall not be considered a "food service area."
- The "lunch period" and "breakfast period" shall be defined as the times designated for the service and consumption of meals, from the time students are released from classes to the time students return to their classes.
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Fifty (50) percent of all food items offered for sale each school day at any site by an 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.
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Requirements are for any organization or entity selling food at any location on the school premises.
Requirements same for all grade levels.
Food "items" defined as each separate kind of food offered for sale as a separate unit (orange juice and apple juice would be two items.)
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Elementary Schools: The sale of food by student organizations is permitted only if the governing board approves the sale of not more than one food item and (1) the sale is conducted after the noon meal service, (2) the food is not prepared on the school premises, (3) there are no more than four such sales per year per school, (4) the food item is a dessert-type food, (5) the food item is not sold in the food program that day at that school.
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Elementary Schools and High Schools have different requirements.
Elementary School: No more than one food item each day. Therefore, this item must be from the specified list of nutritious foods (Table II).
Junior High and High Schools: "Types of food or beverage items" refers to categories of food groupings such as fruit juices, confections, soft drinks, sandwiches, or fruits. "Confections" would include all candies, cookies, pies and cakes. "Fruit juices" would include apple juice, orange juice, and all other types of fruit juices. For example, if the food service program offers fruit juices for sale, a student organization cannot sell any type of fruit juice.
The legislative intent of this provision is to ensure optimum participation in the district's nonprofit food service program. Students may augment the food items sold by the food services programs as long as they don't compete.
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