Question:
When we have our four food sale days can we sell brownies or hot chocolate or things along that line that have sugar and fat, etc? Since it's only four days a year our staff thought that maybe the nutrition guidelines don't have to be followed exactly. We know we can't be in competition with the cafeteria.If we give out some sort of treat (like a cookie or candy bar) for a reward, such as for good grades or for a birthday, is that acceptable? If nothing is sold, can it be given out during the school day?
Response: Management Bulletin 06-110 issued in August of 2006 by the California Department of Education clearly defines the implementation of SB 12 and SB 965 which aim to improve the eating behaviors of California’s school children by allowing only certain foods and beverages to be sold to pupils on elementary, middle, and high school campuses. The bulletin is available through the CDE website at http://www.cde.ca.gov/ls/nu/sn/documents/mb06110att.doc ; Due to the size of the document(s) we have attached, for your reference, the Summary of Food and Beverage Restrictions in California.
According to the bulletin, from January 1, 2006 through June 30, 2007 at the high school level, the following restrictions are in place for sales during the school day. Because of the span of dates, the four days allowed for multiple student organizations to conduct sales fall under the restrictions.
Fifty percent of all food items offered by any organization must be selected from the list of nutritious foods. (MB 00-810 – EC 38085)
During the school day, only one student organization may sell up to three food or beverage items per day upon approval of the governing board. Such foods and beverages cannot be prepared on campus and cannot be the same as items sold in the food service program that day at that school. On no more than four days during the year, any number of student organizations may sell food and beverages. (MB 00-810 – CCR Title 5, Section 15501)
Serving FMNV (including most carbonated beverages) is prohibited during a meal service period in an area where reimbursable meals are served and/or eaten. (MB 05-110 – USDA APB: SP 01-04)
New food requirements under SB 12 and beverage requirements under SB 965 are encouraged but not required.
(Compliance with SB 12 must occur by July 1, 2007; and compliance with SB 965 beverage requirements must occur between July 1, 2007 and July 1, 2009)
Compliance information and dates for elementary and middle school/junior high sites is included in the summary document in addition to compliance information for high schools beginning on July 1, 2007 through 2009.
So, as to your specific questions, for the four food sale days, for the 2006-07 year (the requirements are tougher starting July 1, 2007), 50% of all food items OFFERED by any organization must be selected from the list of nutritious foods, and foods of minimal nutritional value (FMNV) cannot be served during a meal service period in an area where reimbursable meals are served and/or eaten. That goes for rewards that are given out as well --the food rules are still in place. You also need to make sure you are aware of your own district’s board policy and wellness policy as there may be stricter standards in place (but they cannot be less strict than these laws).
We encourage you to carefully review the Summary of Food and Beverage Restrictions in California in order to support ASB activities while continuing to remain in compliance with State nutrition restrictions.
5/30/07
