Question
: One of our local high schools received a garden grant (deposited and spent through the district). The garden "club" (under ASB) is now selling the produce generated by the garden, including some plants that did not make it into the ground. Is this allowed? What about competition with local grocery vendors? What about liability if someone gets sick from the produce? We do not have a board policy that addresses this issue (hasn’t ever come up before).Response
: There are several laws and regulations that you need to be aware of. In addition, you also need to ask for a copy of your district’s Wellness Policy, which is a policy that all districts are supposed to have in place, and will probably answer quite a few of your questions.Federal and state regulations have established laws for all food sales on school campuses by student and adult organizations. This includes vending machine and student store sales, and would also include what you are describing in your help desk question. The intent of the laws is to ensure that such sales do not impair the ability of the food service department to remain financially sound. We have attached below a summary which reflects changes in laws effective July 2007. Sales must also meet local district wellness policies, adopted in June 2006. More information may be obtained in the following documents:
7CFR 210.11, 215, & 220.12
California Education Code Sections: 48931, 489431.2, 48431.5
California Administrative Code: 15500 & 15501
California Senate Bills – SB 12 & SB 677
District Wellness Policy
California Health and Safety Code
High schools may hold up to four food sales annually for any and all student groups during the school day, including the Garden Club. These four food sales are for all groups to participate in, but must occur on only four days during the school year. This means that all groups may sell food on the same four days; each group does not get their own specific four days. One student group (usually the general student council or other school wide representative group) may also sell up to three food items daily. The food sold at these fund-raiser events must meet the following criteria:
·
The items sold must meet nutritional guidelines specified in the food and beverage summary chart (below).·
The items sold cannot be prepared on the premises. The intent of this rule is that only commercially prepared and packaged foods will be sold outside of the food service department. Allowable foods would include packaged foods such as allowable chips, nuts, cookies, popcorn and similar items. Foods prepared in private homes and sold on campus are also not allowed. This is meant to exclude barbecues, spaghetti feeds, enchiladas or tamales, ice cream sundaes and similar items, mainly for health reasons. There is a reference in EC 48931 regarding adherence to the California Health and Safety Code. The regulation forbidding the sale of food prepared in private homes iS cited in this code. Organizations and individuals selling food on campus are not exempt from health department regulations.·
The items sold cannot be the same as those sold by the cafeteria program that day.As for competition with the local vendors, that’s usually more of a district issue, and we advise that your site administrator work with the district administration on that. And, as for liability issues, that may be addressed in the district Wellness Policy that we referred to earlier. In addition to numerous regulatory guidelines, school district governing boards must adopt a wellness policy that gives even clearer guidelines on the use and sale of food and beverages to students during the school day. Clubs within the ASB organization that carry out food sales should have a copy of their district’s wellness policy so that they can be aware of any requirements the district may have adopted that are over and above what the law requires.
5/25/08
Laws Regarding Food Sales to Students
"Competitive Food Sales Laws"
Effective July 2007
Federal and state regulations have established laws for all food sales on school campuses by student and adult organizations. This includes vending machine and student store sales. The intent is to assure that such sales do not impair the ability of the Food Service Department to remain financially sound. The foods allowed for sale listed on the attached summary page reflect changes in laws effective July 2007. Sales must also meet local district wellness policies, adopted in June 2006. More in-depth information may be obtained in the following documents:
7CFR 210.11, 215, & 220.12
CA Ed Code Sections: 48931, 489431.2, 48431.5
CA Administrative Code: 15500 &15501
CA Senate Bills – SB 12 & SB 677
District Wellness Policy
California Health and Safety Code
|
Law |
Elementary Schools |
Middle & High Schools |
|
Sales by Student Organizations (During the school day) CA Administrative Code #15500 7 CFR 210.11, 220.12 |
Student organizations may sell not more than 1 food item per day, and only if it meets the following requirements: § Sales must be approved by the District’s Governing Board§ Must meet the attachedFood & Beverage Requirements § Must be sold after lunch period *§ May not be prepared on school premises or in private homes(must be commercially prepared) § Limited to 4 sales/year and one food item per sale.§ The item must not be sold in the school cafeteria on that day.* Lunch period is defined as "from the time students are released from class until they return to class".
Non-Compliant Food and Beverages may be sold only if: § The sale takes place off campus or§ They are sold at least ½ hour afterthe school day.
|
Student and adult organizations (includes vending machines and student stores) may sell food any time of day if the following conditions are met: § Sales must be approved by the District’s Governing Board§ Must meet the attachedFood & Beverage Requirements § 1 organization per day (e.g., student store), may sell no more than 3 types of approved food or beverage.§ On no more than 4 days during the year, multiple organizations may sell approved foods (all on the same 4 days).§ Food may not be prepared on school premises or in private homes(must be commercially prepared) § Food sold during the school day may not be same as is sold by the school cafeteria on that day.Non-Compliant Food and Beverages may be sold only if: § The sale takes place off campus or§ They are sold at least ½ hour afterthe school day or § The sales takes place at a school sponsored event after the school day. |
|
Food and Beverage Requirements for Student Sales Effective July 2007 | |||
|
Law |
Elementary Schools |
Middle & High Schools | |
|
FOOD ITEMS CA Senate Bill 12 Escutia (Amends Section 49431 of Ed Code) Effective July 2007 |
Restricts food sold to pupils during the school day to: Full Meals or: A la carte items, (individual portion sizes) of nuts/seeds, eggs, cheese, fruit, & non-fried vegetables. Dairy and grain products (e.g., yogurt, ice cream, muffins granola bars) may be sold a la carte, if: § Not more than 175 calories per item and a maximum of:§ 35% of calories from fat§ 10% of calories from saturated fat.§ 35% of weight from sugar (excepting fruits and vegetables) |
Restricts all a la carte food sales during the school day (including food service, student sales and vending machines) to the following: SNACKS are limited to a maximum of: § 250 calories per item.§ 35% of calories from fat(exception of nuts, nut butters, seeds, eggs, single serving cheese, fruit, & non-fried vegetables) § 10% of calories from saturated fat, (excepting eggs, & single serving cheese)§ 35% of weight from sugar(excepting fruits and vegetables) ENTREES are limited to: (except those sold as part of a government lunch or breakfast) § Maximum of 400 calories§ 4 grams of fat per 100 calories (36% fat)§ Must be categorized in the National School Lunchor breakfast program as an entrée. | |
|
BEVERAGES
CA Senate Bill 677 (Effective Jan 2006) CA Childhood Obesity Prevention Act of 2003 CA Senate Bill 965 CA Ed Code 49431 (Effective July 2007) |
Elementary Schools Effective January 2006 Restricts beverages sold to students during the school day to water, milk (except whole milk), vegetable juice, and fruit juice (minimum 50% juice / no added sweeteners).Non-Compliant beverages may be sold only if: § sold by students and§ only if sold at least ½ hour after school day or sold off campus. |
Middle Schools Effective January 2006 Restricts beverages to water, milk (except whole), vegetable juice and fruit juice (minimum 50% juice / no added sweeteners) & electrolyte replacement beverages (max. 42 gms sugar/20 oz) Non-Compliant beverages may be sold only if: § At a school sponsored event after school or§ at least 1/2 hour before or after school.Restrictions apply to all sales, including vending machines and student stores. |
High Schools Effective July 2005 No Carbonated Beverages, but no other restrictions. Effective July 2007 Same restrictions as Middle Schools (minimum of 50% compliance required) Effective July 2009 100% compliance to same standards as middle schools. Restrictions apply to all sales, including vending machines and student stores. |
