Business and Non-Instructional Operations
Administrative Regulation No. 3554
Reviewed: June 5, 2014

OTHER FOOD SALES

Requirements for Schools Participating in Federal Meal Program

For any district school participating in the National School Lunch and/or Breakfast Program, food and beverage sales conducted outside the district's food service program on school campuses during the school day shall comply with applicable nutritional standards specified in 7 CFR 210.11 and 220.12 or with state nutrition standards in Education Code 49431-49431.7 and 5 CCR 15500-15501 and 15575-15578, whichever rule is stricter.

These standards shall apply to all competitive foods and beverages sold from midnight before the school day to one-half hour after the end of the school day.  (7 CFR 210.11)

In a school with any of grades K-8 that is participating in the National School Breakfast or Lunch Program, the Superintendent or designee shall not permit the sale of foods by student organizations, except when all of the following conditions are met:  (5 CCR 15500)

1. The student organization may sell one food item per sale.
2. The specific nutritious food item is approved by the Superintendent or designee.
3. The sale does not begin until after the close of the regularly scheduled midday food service period.
4. The sale during the regular school day is not of food items prepared on the premises.
5. There are no more than four such sales per year per school.
6. The food sold is a dessert-type food, such as pastry, ice cream, or fruit.
7. The food sold is not one sold in the district’s food service program at that school during that school day.

(cf. 3553 - Free and Reduced Price Meals)

The Superintendent or designee shall maintain records, or shall require organizations selling foods and beverages to maintain records, to document compliance with federal nutrition standards for all competitive foods and beverages sold through and outside the district's food services program.  At a minimum, these records shall include receipts, nutrition labels, and/or product specifications.  (7 CFR 210.11)