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Competitive Food Sales/Sales of Foods in Competition with the School Food Service Program - EFE

Competitive Food Sales/Sales of Foods in Competition with the School Food Service Program - EFE

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 Lunch Program (“competitive foods”) are a significant source of funds for student activities that M.S.A.D. #35 might not otherwise be able to provide.

The Board has adopted this policy to govern the sale of foods and beverages on school property.

Restriction on Sale of 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 in the National School Lunch or School Breakfast Programs shall be a planned part of the total foodservice program of the school and shall include only those items which contribute both to the nutritional needs of children and the development of desirable food habits, and shall not include foods of minimal nutritional value as defined in applicable federal regulations, except as provided for by school board policy in certain circumstances.

As allowed by Rule Chapter 51, the Board permits the sale of food and beverages outside the total food program:

A. To school staff;

B. To attendees at school-sponsored community events held on school property; (i.e., school-sponsored events that are open to 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.

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-profit school food service program, except that funds raised through authorized sales outside the total foodservice 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 

The Superintendent/designee shall be responsible for enforcement of this policy. An MSAD #35 employee who observes conduct he/she believes to be a 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.

 

 

Cross References: KF - Community Use of School Facilities                          

 

Policy Adopted: December 21, 2005

Policy Revised: December 16, 2009

Policy Reviewed: April 25, 2018, February 12, 2020

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