Other Food Sales

MJUSD
DIVISION 3000
BUSINESS AND NONINSTRUCTIONAL OPERATIONS

OTHER FOOD SALES

The Governing Board believes that foods and beverages sold to students on school campuses during the school day should promote student health and reduce childhood obesity. Any food sales conducted outside the District's food service program shall meet nutritional standards specified in law, Board policy, and administrative regulations and shall not reduce student participation in the District's food service program.

The Board authorizes the Superintendent or designee to approve the sale of foods and beverages outside the District's food service program, including sales by student or adult organizations, sales through vending machines, and/or sales at secondary school student stores for fundraising purposes.

Food sales are prohibited during school hours, and within one (1) hour before and after school hours, unless the organization is legally organized as a nonpartisan, charitable organization, the purpose of the solicitation is nonpartisan and charitable, and the solicitation has been approved in accordance with Board policy.

When vending machines are sponsored by the District or a student or adult organization, the Superintendent or designee shall determine how and where vending machines may be placed at school sites, district offices, or other school facilities.

Legal Reference:

Education Code
38085 Sale of specified food items
48931 Authorization and sale of food
49430-49436 Pupil Nutrition, Health, and Achievement Act of 2001
51520 School premises; prohibited solicitations

Code of Regulations, Title 5
15500 Food sales in elementary schools
15501 Sales in high schools and junior high schools

Health and Safety Code
113700-114455 California Uniform Retail Food Facilities Law, including:
114200-114245 Vending machines

United States Code, Title 42
1751-1769h National School Lunch Act, including:
1751 Note Local wellness policy
1771-1791 Child nutrition

Code of Federal Regulations, Title 7
210.1-210.31 National School Lunch Program
220.1-220.21 National School Breakfast Program

First Reading: 5/10/06

Governing Board Adoption: 6/21/06

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