EFE - Competitive Food Sales/Sales of Foods in Competition with the School Nutrition Program
EFE - Competitive Food Sales/Sales of FoodsFood in Competition with the School Food ServiceNutrition Program
M.S.A.D. #35 supports good nutrition as part of a school environment that contributes to student health and encourages positive food choices and eating habits. The Board believes that nutrition influences a student’s ability to take full advantage of the school system’s educational program and is, therefore, related to student achievement.
The Board also recognizes that proceeds from the sale of foods and beverages outside of the School LunchNutrition Program (“competitive foods”) are a significant source of funds for student activities that M.S.A.D.MSAD #35 might not otherwise be able to provide.
The“Competitive Boardfood” hasmeans adoptedall this policy to govern the sale of foodsfood and beverages onother schoolthan property.
Restrictionreimbursed onunder Saleprograms ofauthorized Competitive Foods
Maine Department of Education Rule Chapter 51 mandates that any food or beverage sold at any time on school property of a school participating inby the National School Lunch orAct School Breakfast Programs shall be a planned part ofand the totalChild foodserviceNutrition programAct ofthat are available for sale to students on the school andcampus shallduring includethe onlyschool thoseday.
At whicha contributeminimum, bothall competitive food sold to thestudents nutritional needs of children andon the developmentschool ofcampus desirableduring foodthe habitsschool andday shallmust notmeet includethe foodsnutrition ofstandards minimal nutritional value as definedspecified in applicable7 federalCFR regulations,§ except as provided for by school board policy in certain circumstances.210.11.
AsA special exemption may be allowed by Rule Chapter 51, the Board permitsfor the sale of food andand/or beverages outsidethat do not meet these standards for the totalpurpose foodof program:
A.an To school staff;
B. To attendees atinfrequent school-sponsored communityfundraiser. events heldNo onspecially exempted fundraiser foods or beverages may be sold in competition with school property;meals (i.e., school-sponsored events that are open toduring the public)
C. To the public at community events held on school property in accordance with the Board’s facilities use policy;
D. In State-approved instructional Career and Technical Education (CTE) Programs; and/or
E. By a school, approved student organization or program if consistent with the requirement that such sales not include foods of minimal nutritional value as defined in 7 C.F.R. § 210.11(a)(2).
This policy applies to sales of foods and beverages at any time on school property by any person, group or organization.service.
When foods and beverages are sold to attendees at community events sponsored by the school or held on school property, students, staff, parents, or school-sponsored organizations involved in such sales are encouraged to include at least some healthy food choices.
Funds from Sales of Competitive Foods
Funds from all food and beverage sales made at any time on school property shall accrue to the benefit of the school’s non-profitnonprofit school food servicenutrition program, except that funds raised through authorized sales outside the total foodservicefood service program shall accrue to the sponsoring school or approved student organization in accordance with applicable policies, cash-management procedures, and administrative directives, or to the sponsor of a community event that is held on school property in accordance with the Board’s facilities use policy.
Delegation of Responsibility
TheLegal Superintendent/designeeReference: shall
20-A responsibleMRSA for§§, enforcement7 ofCFR this§ policy.210.11
Cross MSADReferences: #35
JJE who- observesStudent conductFundraising he/sheActivities
JL to- beStudent aWellness violation of this policy or is informed of such conduct by a parent, student or community member should contact the building administrator or Superintendent/designee.
Legal Reference: Ch. 51 (Dept. of Ed. Rule) (Child Nutrition Programs in Public Schools and Institutions)
Cross References: KF - Community Use of School Facilities
Policy Adopted: December 21, 2005
Policy Reviewed: April 25, 2018; February 12, 2020
Policy Revised: December 16, 20092009; March 20, 2024
Policy Reviewed: April 25, 2018, February 12, 2020