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Effective July 1, 2004, this state law prohibits the sale of certain beverages to students in elementary, middle, and junior high schools.
Elementary Schools
- The only beverages that may be sold to students in elementary schools (or any schools including elementary grades) during the school day are water, milk, 100 percent fruit juices, or fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweeteners. The new law does not preclude the sale of carbonated beverages that meet the above requirements.
- Beverages that do not meet the above criteria may be sold for fundraising under the following circumstances:
- Students sell the beverages off the school grounds, or
- Students sell the beverages on school grounds at least one-half hour after the end of the school day.
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Middle and Junior High Schools
- The only beverages that may be sold to students in middle and junior high schools are water, milk, 100 percent fruit juices, fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweeteners, and electrolyte replacement beverages that contain no more than 42 grams of added sweetener per 20-ounce serving. The new law does not preclude the sale of carbonated beverages that meet the above requirements.
- This law applies from one-half hour before the start of the school day to one-half hour after the end of the school day.
- Beverages that do not meet the above criteria may be sold for fundraising under following circumstances:
- The sale occurs during and at the location of a school-sponsored event after the end of the school day, or
- The sale occurs via vending machines, student stores, and cafeterias no sooner than one-half hour after the end of the school day.
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Vending Machine Policy
- Elementary, middle, or junior high schools may use vending machines to offer beverages that comply with the above criteria at any time of day.
- Middle or junior high schools may use vending machines to offer beverages that do not comply with the above criteria if they are made available no later than one-half hour before the start of the school day and no sooner than one-half hour after the end of the school day
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Definition of "Added Sweetener"
- "Added sweetener" means any additive that enhances the sweetness of the beverage, including, but not limited to, added sugar, except the natural sugar or sugars that are contained within any fruit juice that is a component of the beverage.
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