SALES OF FOODS IN COMPETITION WITH THE SCHOOL FOOD SERVICE PROGRAM

The Cape Elizabeth School Department 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 the Cape Elizabeth School Department might not otherwise be able to provide.

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

RESTRICTIONS 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 food service program 1 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 regulations2, 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 to:

1. School staff

2. Attendees at school-sponsored events held on school property

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1 According to DOE Rule Chapter 51 (1)(b), the “Total Food Service Program” includes the federal Milk Program as defined in 7 C.F.R. ¶215; the Federal Breakfast Program, which means the federal program under which a breakfast that meets the nutritional requirements set forth in 7 C.F.R. ¶220 is offered; the National School Lunch Program (including the After School Snack), which means the federal program under which the school operates a nonprofit lunch program that meets the requirements of 7 C.F.R. ¶ 210; or any combination of these programs.
2  “Foods of minimal nutritional value” as defined in 7 C.F.R. ¶ 210.11 means: (a) In cases of artificially sweetened foods, a food which provides less than 5 percent of the Reference Daly Intake (RDI) for each of the eight specified nutrients per serving; (b) in the case of all other foods, a food which provides less than 5 percent of the RDI for each of eight specified nutrients per 100 calories and less than 5 percent of the RDI for each specified nutrients per serving.  The eight nutrients to be assessed for this purpose are: protein, vitamin A, vitamin C, niacin, riboflavin, thiamin, calcium, and iron.  This definition is applicable to foods that are part of the total food service program of the school, and foods and beverages sold at food sales, school stores, and in vending machines.  A listing of “Categories of Foods of Minimal Nutritional Value” is in Appendix B to 7 C.F.R. Part 210 (National School Lunch Program).

3. The public at community events held on school property in accordance with the Board’s facilities policy

4. In State-approved instructional Career and Technical Education (CTE) Programs if consistent with the requirement that these programs not include foods of minimal nutritional value as defined in applicable federal regulations

5. Students with administrative approval. By a school approved student organization.

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 raise funds for schools or student activities, 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 food service program shall accrue to the sponsoring school or approved student organization in accordance with applicable policies cash-management procedures and administrative directives.

Legal Reference:         Ch. 51 (Dept. of Education Rule)  (Child Nutrition Programs in Public Schools and Institutions)

Cross Reference:        KF – Community Use of School Facilities

ADOPTED:                December 12, 2006
REVIEWED:              March 10, 2009

ADOPTED: December 12, 2006