Regulation – x
Adopted – 7/16/1998
Revised – 9/19/2002
The sale of foods during meal periods in food service areas shall be allowed only if all income from the sale, including the sale of approved foods or drinks from vending machines, accrues to the benefit of the school, the school food service program, or the student organization(s) sponsoring the sale. (7 CFR 210.11, 220.12)
In order to be eligible to conduct food sales during school hours and within one hour before and one hour after school hours, organizations not under the control of school authorities (e.g., a parent/guardian group or outside group) must be legally organized for charitable and nonpartisan purposes pursuant to Education Code 51520.
Additional Requirements for the Sale of Food Items by Student Organizations
Student organizations may sell nutritious food items approved by the Governing Board only if such sales are conducted in compliance with 5 CCR 15500-15501. Items sold during the regular school day must not be food items prepared on school premises or sold in the food service program at school during that day. (5 CCR 15500-15501)
In schools with any of grades kindergarten through 8, a student organization may sell not more than one food item per sale. The food item sold shall be a dessert-type food such as pastry, ice cream or fruit, and there shall be no more than four such sales per year per school. In addition, these sales shall not begin until after the close of the regularly scheduled midday food service period. (5 CCR 15500)
In high schools and junior high schools, a student organization may be approved to sell food at any time during the school day, including the regularly scheduled food service periods. Only one organization each school day may sell no more than three types of food or beverage items at anytime during the school day. In addition, up to four days during the school year may be designated on which any number of organizations may conduct the sale of any food items. (5 CCR 15501)
See Policy #3554.
CSBA Date – 6/96