Question: Since high school student organizations are limited to four food sales per year on four specific days (Title 5, Section 15501), are student stores included in that limitation? Do you have any information on this issue? We are trying to bring our Associated Student Body (ASB) policies into compliance with Title 5, Education Code, and the Health and Safety Code.

Response: Student stores are not limited to conducting sales only the four times a year. Administrative Code Section 15501 authorizes one student organization to sell items, such as confections, popcorn, nuts, fruit, or drinks, each day. We believe that this authorizes the daily operation of a student store at a secondary school. Section 15501 goes on to place a limitation on additional organizations—other than the student store—to no more than four food sales during a school year in each secondary school. An excellent reference tool for questions relating to ASB funds is the Fiscal Crisis and Management Assistance Team (FCMAT) ASB Manual that can be accessed at www.fcmat.org. To quote from the FCMAT ASB Manual, “Operated by students, a student store offers items for sale that students use during the school day. Student stores may operate each day of the week or only on certain days.”

It is also important to remember that food sales should not compete with the school’s regular food service program. Therefore, we recommend that, prior to food sales being conducted at the school site, the Food Services Director be consulted.

10/09/03