Question: For an unorganized student body, one of our principals wants to know if a school site can sell candy bars for a fundraiser if it is done after school hours. I just wanted to make sure it is okay as per our nutrition policy.

Response: Elementary schools may hold up to four food sales annually, at which one food item may be sold. The sale can only occur after the end of the regular lunch period. This food item must meet specific nutrition requirements as set forth in EC 49431 and 49431.5, which include low fat and low sugar requirements. Sodas and other sugared drinks are not allowed at any time (candy would not be allowed either). The food items sold cannot be the same as those sold by the cafeteria program that day and cannot be prepared on campus or in private homes.

These restrictions do not apply to student fund-raiser sales of food sold at least one half hour before or after the end of the school day, or to sales that occur off school premises.

So, to answer your question, if the candy bars are sold at least one half hour after the end of the regular school day, this fundraiser should be allowable unless the district's wellness board policy states otherwise.  We suggest reviewing that board policy to be certain prior to acting on our information as districts CAN be more restrictive than the law specifies (and often are).

10/22/09