Policy Details

3542.33 REGULATION Food Sales by Students / Others

3542.33 R



Food Sales Other Than National School Lunch Program

No food or drinks which do not meet the minimal nutritional values set by the Food and Nutrition Service of the United States Department of Agriculture (Section 17 of Public Law 95-166 amending Section 10 of the Child Nutrition Act of 1966) may be sold or made available for sale in any school between the beginning of the school day and the close of the last lunch period at that school.

In line with the above, no food or drink distributing machine shall be accessible to students during those hours unless the food or drink being sold meets the minimal nutritional values specified.

Promotional candy sales (if any) shall be limited to the period before the beginning of the school day and after the close of the school day. Such sales require approval of the building Principal.

Sale of food or drinks during the period from the beginning of the school day until the end of the last lunch period is regarded as being competitive with the National School Lunch Program. Food or drinks which do meet or exceed the minimal nutritional values of the USDA and which are sold during the period above are, however, not considered as being competitive with those programs. These may be sold during the times cited above, but all profits from such sales must go to the school's nonprofit meal program or to student organizations approved by the building Principal.

The secretary of the United States Department of Agriculture has approved a list of competitive foods which may be sold, and the state of Connecticut may extend that list, but only foods approved by the State of Connecticut and/or the secretary may be sold in the schools of the district during the hours cited.

The listing of categories of foods of less than minimal nutritional value shall be used as guide to sales of competitive foods and drinks in the schools, with the realization that the listing may be modified by the USDA and/or the State of Connecticut. The list follows:

Categories of Foods of Less Than Minimal Nutritional Value

1. Soda Water - As defined by 21 CFR 165.175 FDA regulations except that artificial sweeteners are an ingredient that is included in this definition.

2. Water Ices - As defined by 21 CFR 135.160 FDA regulations except that water ices which contain fruit or fruit juices are not included in this definition.

3. Chewing Gum - Flavored products form natural or synthetic gums and other ingredients which form an insoluble mass for chewing.

4. Certain Candies - Processed foods made predominantly from sweeteners with a variety of minor ingredients which characterize the following types:

a. Hard candy, such as sour balls, fruit balls, candy sticks, lollipops, starlight mints, after dinner mints, sugar wafers, rock candy, cinnamon candies, breath mints, jaw breakers and cough drops.

b. Jellies and gums, such as gum drops, jelly beans, jellied and fruit-flavored slices.

c. Marshmallow candies.

d. Fondant, such as candy corn, soft mints.

e. Licorice - a product made mostly from sugar and corn syrup which is flavored with an extract made from the licorice root.

f. Spun candy.

g. Candy coated popcorn, a product made by coating popcorn with a mixture made predominantly from sugar and corn syrup.

Legal Reference: National School Lunch Program and School Breakfast Program; Competitive Foods. (7 CFR Parts 210 and 220, Federal Register, Vol. 45, No. 20, Tuesday, January 29, 1980, pp. 6758-6772)

Litchfield Board of Education

Regulation Adopted: June 21, 1983
Regulation Reviewed: October 1, 1998
Regulation Reviewed: September 23, 2009

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