{ "_metadata": { "source": "https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030397&revid=9dxN0dQiKekIAGA9AP33xw==", "scrapedAt": "2026-05-24T20:11:49.868Z", "method": "Playwright + Simbli ViewPolicy API scraper" }, "code": "3554", "title": "Other Food Sales", "type": "AR", "section": "3000", "lastRevised": "11/04/2009", "lastReviewed": "11/04/2009", "hasAttachment": false, "revid": "9dxN0dQiKekIAGA9AP33xw==", "contentHtml": "\n\n\t\n\t\n\t\n\t\n\t\n\n\n\n

Nutritional Standards for Foods and Beverages

\n\n

Food and beverage sales outside the district's food service program shall comply with applicable nutritional standards specified in Education Code 49431, 49431.2, 49431.5, and 49431.7.

\n\n

At an elementary school, the sale of foods or beverages that do not comply with the standards in Education Code 49431 and 49431.5 may be permitted, as part of a fundraising event, only when the items are sold by students of the school and the sale meets either of the following conditions: (Education Code 49431, 49431.5)

\n\n
    \n\t
  1. It takes place off and away from school premises.
    \n\t 
    2. \n\t
  2. It takes place at least one-half hour after the end of the school day.
    3. \n
\n\n

At a middle, junior high, or high school, the sale of food items that do not comply with the standards in Education Code 49431.2 may be permitted in any of the following circumstances: (Education Code 49431.2)

\n\n
    \n\t
  1. The sale takes place off and away from school premises.
    \n\t 
    2. \n\t
  2. The sale takes place on school premises at least one-half hour after the end of the school day.
    \n\t 
    3. \n\t
  3. The sale occurs during a school-sponsored student activity after the end of the school day.
    4. \n
\n\n

Beverage sales that do not comply with the standards in Education Code 49431.5 may be permitted at a middle or junior high school as part of a school event under either of the following circumstances: (Education Code 49431.5)

\n\n
    \n\t
  1. The sale occurs during a school-sponsored event and takes place at the location of the event at least one-half hour after the end of the school day.
    \n\t 
    2. \n\t
  2. Vending machines, student stores, and cafeterias are used later than one-half hour after the end of the school day.
    3. \n
\n\n

Additional Requirements for Schools Participating in the National School Lunch or Breakfast Program

\n\n

The sale of foods outside of the district's food service program 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)

\n\n

No foods of minimal nutritional value, as listed in 7 CFR 210, Appendix B, and 7 CFR 220, Appendix B, shall be sold in food service areas during breakfast and lunch periods. (7 CFR 210.11, 220.12)

\n\n

In a school with any of grades K-8 that is participating in the National School Lunch and/or Breakfast Program, the Superintendent or designee shall not permit the sale of foods by a student organization except when all of the following conditions are met: (5 CCR 15500)

\n\n
    \n\t
  1. The student organization shall sell only one food item per sale.
    \n\t 
    2. \n\t
  2. The specific nutritious food item is approved by the Superintendent or designee.
    \n\t 
    3. \n\t
  3. The sale does not begin until after the close of the regularly scheduled midday food service period.
    \n\t 
    4. \n\t
  4. The sale during the regular school day is not of food items prepared on the premises.
    \n\t 
    5. \n\t
  5. There are no more than four such sales per year per school.
    \n\t 
    6. \n\t
  6. The food sold is a dessert-type food, such as pastry, ice cream, or fruit.
    \n\t 
    7. \n\t
  7. The food sold is not one sold in the district's food service program at that school during that school day.
    8. \n
\n\n

In junior high and high schools, a student organization may be approved to sell food items during or after the school day if all of the following conditions are met: (5 CCR 15501)

\n\n
    \n\t
  1. Only one student organization conducts a food sale on a given school day and the organization sells no more than three types of food or beverage items, except that 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.
    \n\t 
    2. \n\t
  2. The specific nutritious food items are approved by the Superintendent or designee.
    \n\t 
    3. \n\t
  3. Food items sold during the regular school day are not prepared on the premises.
    \n\t 
    4. \n\t
  4. The food items sold are not those sold in the district's food service program at that school during that school day.
    5. \n
\n\n\n", "contentText": "Nutritional Standards for Foods and Beverages\n\nFood and beverage sales outside the district's food service program shall comply with applicable nutritional standards specified in Education Code 49431, 49431.2, 49431.5, and 49431.7.\n\nAt an elementary school, the sale of foods or beverages that do not comply with the standards in Education Code 49431 and 49431.5 may be permitted, as part of a fundraising event, only when the items are sold by students of the school and the sale meets either of the following conditions: (Education Code 49431, 49431.5)\n\n- It takes place off and away from school premises.\n\n- It takes place at least one-half hour after the end of the school day.\n\nAt a middle, junior high, or high school, the sale of food items that do not comply with the standards in Education Code 49431.2 may be permitted in any of the following circumstances: (Education Code 49431.2)\n\n- The sale takes place off and away from school premises.\n\n- The sale takes place on school premises at least one-half hour after the end of the school day.\n\n- The sale occurs during a school-sponsored student activity after the end of the school day.\n\nBeverage sales that do not comply with the standards in Education Code 49431.5 may be permitted at a middle or junior high school as part of a school event under either of the following circumstances: (Education Code 49431.5)\n\n- The sale occurs during a school-sponsored event and takes place at the location of the event at least one-half hour after the end of the school day.\n\n- Vending machines, student stores, and cafeterias are used later than one-half hour after the end of the school day.\n\nAdditional Requirements for Schools Participating in the National School Lunch or Breakfast Program\n\nThe sale of foods outside of the district's food service program 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)\n\nNo foods of minimal nutritional value, as listed in 7 CFR 210, Appendix B, and 7 CFR 220, Appendix B, shall be sold in food service areas during breakfast and lunch periods. (7 CFR 210.11, 220.12)\n\nIn a school with any of grades K-8 that is participating in the National School Lunch and/or Breakfast Program, the Superintendent or designee shall not permit the sale of foods by a student organization except when all of the following conditions are met: (5 CCR 15500)\n\n- The student organization shall sell only one food item per sale.\n\n- The specific nutritious food item is approved by the Superintendent or designee.\n\n- The sale does not begin until after the close of the regularly scheduled midday food service period.\n\n- The sale during the regular school day is not of food items prepared on the premises.\n\n- There are no more than four such sales per year per school.\n\n- The food sold is a dessert-type food, such as pastry, ice cream, or fruit.\n\n- The food sold is not one sold in the district's food service program at that school during that school day.\n\nIn junior high and high schools, a student organization may be approved to sell food items during or after the school day if all of the following conditions are met: (5 CCR 15501)\n\n- Only one student organization conducts a food sale on a given school day and the organization sells no more than three types of food or beverage items, except that 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.\n\n- The specific nutritious food items are approved by the Superintendent or designee.\n\n- Food items sold during the regular school day are not prepared on the premises.\n\n- The food items sold are not those sold in the district's food service program at that school during that school day.", "footnotes": [ { "type": "State", "references": [ { "code": "5 CCR 15500", "description": "Food sales in elementary schools", "url": "https://govt.westlaw.com/calregs/Document/I43BE13134C6911EC93A8000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "code": "5 CCR 15501", "description": "Food sales in high schools and junior high schools", "url": "https://govt.westlaw.com/calregs/Document/I43C195844C6911EC93A8000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "code": "5 CCR 15575-15578", "description": "Requirements for foods and beverages outside the federal meals program", "url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I441D71204C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I44218FD34C6911EC93A8000D3A7C4BC3" }, { "code": "Ed. Code 35182.5", "description": "Contracts for advertising", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35182.5." }, { "code": "Ed. Code 48931", "description": "Authorization for sale of food by student organization", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48931." }, { "code": "Ed. Code 49430-49434", "description": "Pupil Nutrition, Health, and Achievement Act of 2001", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=9.&article=2.5." }, { "code": "Ed. Code 51520", "description": "Prohibited solicitations on school premises", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=51520." }, { "code": "H&S Code 113700-114437", "description": "California Retail Food Code; sanitation and safety requirements", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=HSC&division=104.&title=&part=7.&chapter=&article=" } ] }, { "type": "Federal", "references": [ { "code": "42 USC 1751-1769j", "description": "School Lunch Program", "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter13&edition=prelim" }, { "code": "42 USC 1758b", "description": "Local wellness policy", "url": "https://uscode.house.gov/view.xhtml?req=(title:42%20section:1758b%20edition:prelim)%20OR%20(granuleid:USC-prelim-title42-section1758b)&f=treesort&edition=prelim&num=0&jumpTo=true" }, { "code": "42 USC 1771-1791", "description": "Child nutrition", "url": "" }, { "code": "7 CFR 210.1-210.33", "description": "National School Lunch Program", "url": "https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210" }, { "code": "7 CFR 220.1-220.21", "description": "National School Breakfast Program", "url": "" } ] }, { "type": "Management Resources", "references": [ { "code": "CA DOE Management Bulletin", "description": "06-110 Restrictions on Food and Beverage Sales Outside of the School Meal Program, August 2006", "url": "https://www.cde.ca.gov/ls/nu/sn/mbsnp112015.asp" }, { "code": "CSBA Publication", "description": "Monitoring for Success: Student Wellness Policy Implementation Monitoring Report and Guide, 2008", "url": "https://www.csba.org/~/~/media/Files/EducationIssues/Wellness/200910_MFS_Guide.ashx" }, { "code": "CSBA Publication", "description": "Nutrition Standards for Schools: Implications for Student Wellness, Policy Brief, October 2007", "url": "https://www.csba.org/~/media/3A78FEAF129D488FA34CFAAA16B38911.ashx" }, { "code": "CSBA Publication", "description": "Student Wellness: A Healthy Food and Physical Activity Policy Resource Guide, April 2006", "url": "https://www.csba.org/~/~/media/B5947DF3DE58432C9B038C9C38360684.ashx" }, { "code": "Fiscal Crisis & Management Assistance Team Pub.", "description": "Associated Student Body Accounting Manual and Desk Reference, 2002", "url": "" }, { "code": "Natl. Assoc. of State Boards Of Ed. Pub.", "description": "Fit, Healthy and Ready to Learn, 2000", "url": "https://www.saferoutespartnership.org/sites/default/files/pdf/FHRTL_Physical_Activity.pdf" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "U.S. Dept. of Agriculture, Food and Nutrition Information Center", "url": "http://www.nal.usda.gov/fnic" }, { "code": "Website", "description": "California Project LEAN (Leaders Encouraging Activity and Nutrition)", "url": "http://www.californiaprojectlean.org" }, { "code": "Website", "description": "Centers for Disease Control and Prevention", "url": "http://www.cdc.gov/asthma" }, { "code": "Website", "description": "National Association of State Boards of Education", "url": "http://www.nasbe.org" }, { "code": "Website", "description": "California Department of Education, School Nutrition", "url": "https://www.cde.ca.gov/ls/nu/sn/" }, { "code": "Website", "description": "California Department of Public Health", "url": "http://www.cdph.ca.gov" }, { "code": "Website", "description": "California Healthy Kids Resource Center", "url": "http://www.ccrcca.org/resources/family-resource-directory/item/california-healthy-kids-resource-center" }, { "code": "Website", "description": "CSBA", "url": "http://www.csba.org" }, { "code": "Website", "description": "Fiscal Crisis and Management Assistance Team", "url": "https://www.fcmat.org/" } ] } ], "crossRefs": [ { "code": "1230", "title": "School-Connected Organizations", "type": "AR" }, { "code": "1230", "title": "School-Connected Organizations", "type": "AR" }, { "code": "1321", "title": "Solicitation Of Funds From And By Students", "type": "AR" }, { "code": "3260", "title": "Fees And Charges", "type": "AR" }, { "code": "3260", "title": "Fees And Charges", "type": "AR" }, { "code": "3312", "title": "Contracts", "type": "AR" }, { "code": "3452", "title": "Student Activity Funds", "type": "AR" }, { "code": "3550", "title": "Food Service/Child Nutrition Program", "type": "AR" }, { "code": "3550", "title": "Food Service/Child Nutrition Program", "type": "AR" }, { "code": "3551", "title": "Food Service Operations/Cafeteria Fund", "type": "AR" }, { "code": "3551", "title": "Food Service Operations/Cafeteria Fund", "type": "AR" }, { "code": "3553", "title": "Free And Reduced Price Meals", "type": "AR" }, { "code": "3553", "title": "Free And Reduced Price Meals", "type": "AR" }, { "code": "5030", "title": "Student Wellness", "type": "AR" }, { "code": "5141.27", "title": "Food Allergies/Special Dietary Needs", "type": "AR" }, { "code": "5141.27", "title": "Food Allergies/Special Dietary Needs", "type": "AR" }, { "code": "5148.2", "title": "Before/After School Programs", "type": "AR" }, { "code": "5148.2", "title": "Before/After School Programs", "type": "AR" }, { "code": "6142.8", "title": "Comprehensive Health Education", "type": "AR" }, { "code": "6142.8", "title": "Comprehensive Health Education", "type": "AR" }, { "code": "6145", "title": "Extracurricular And Cocurricular Activities", "type": "AR" }, { "code": "6145", "title": "Extracurricular And Cocurricular Activities", "type": "AR" } ], "attachments": [] }