Student Wellness

III. Nutrition Standards

A. All schools participate in the National School Lunch Program (NSLP). The District

shall meet or exceed nutritional standards and must comply with all state, federal and

local laws and regulations for all food and beverages made available to students

anytime before school starts up to 30 minutes after the regularly scheduled school day.

B. Food and beverages offered by the District during the school day will include a variety

of healthy choices that are of excellent quality, appealing to students and handled in a

safe manner. The District assures that foods available in schools for students are

consistent with the recommended American dietary allowances and when consumed,

contribute to the development of lifelong healthy eating habits. Families are highly

encouraged to support the nutritional integrity of the district policies.

C. Fundraising

1. The District encourages fundraising activities that promote good health habits and

the sale of nutritious foods. All fundraising activities involving the sale of food

must comply with all state and federal regulations regarding student nutrition.

2. Food and beverages served or sold to students by any student organization in

fundraising activities during the school day, including any time before school starts

up to 30 minutes after the end of the school day, shall meet or exceed all existing

state, federal, and local mandates. (CCR, Title 5, Sections 15550, 15501, E.C.

Section 39876, 48931, 49431.2, 49431.5, and 7CFR 210.11, 210.12).

3. Fundraising activities include, but are not limited to, student stores, vending

machines, club and team sales, individual sales, classroom sales, and school

offices. All food and beverages served or sold on the entire school campus to

students by these groups as part of a fundraising effort, shall meet the nutritional

guidelines of the FUSD Student Wellness Policy. Food or beverages sold as part of

a fundraiser during the school day by these groups must differ from the food and

beverages offered by the FUSD Nutrition Services Department that day, and may

not be prepared on campus. For example, if the Nutrition Services Department is

offering fruit juice for sale, a student organization shall not sell any type of fruit

juice. Sold means the exchange of a beverage or food for money, coupons or

vouchers. (CCR Title 5, Section 15501)

4. Food and beverages served or sold to students by any parent organization in

fundraising activities during the school day, including anytime before school starts

up to 30 minutes after the end of the school day, shall meet or exceed all existing

state, federal, and local mandates. (CCR, Title 5, Sections 15550, 15501, E.C.

Section 39876, 48931, 49431.2, 49431.5, and 7CFR 210.11, 210.12).

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5. It is required that schools submit their planned food and beverage fundraising

schedule for the following year to the Director of Nutrition Services by the last day

of the current school year. This schedule can be revised throughout the school year

with at least one months notice. This will enable Nutrition Services to plan its

purchasing requirements accordingly.

6. Each group or individual selling foods and beverages on campus, must have an

assigned administrator or staff coordinator who will be responsible for ensuring all

food and beverages are compliant before they are sold to students.

7. All food and beverage sales must be documented in a central location on each

campus for auditing purposes by the California Department of Education. The type

of information necessary to evaluate compliant food and beverages must include

the contact information for each group or individual that sells food or beverages on

campus, a list of all food and beverages sold and dates and times planned for such

sales.

D. The following requirements must be followed for food and beverage fundraising

activities:

1. Elementary Schools

a. Pupil organizations in elementary schools participating in the National School

Lunch Program can not sell food. (Exhibit A)

b. Non-compliant food and beverage sales by parent organizations are not

permitted anytime before school starts up to 30 minutes after the regularly

scheduled school day. (CCR, Title 5, Sections 15550, 15501, E.C. Section

39876, 48931, 49431.2, 49431.5, and 7CFR 210.11, 210.12)

2. Junior High and High Schools

The following requirements for student sales will remain in effect as specified in

CCR, Title 5, Sections 15550, 15501, E.C. Section 39876, 48931, 49431.2,

49431.5, and 7CFR 210.11, 210.12.

a. During regular school hours, only one student organization, including school

sponsored vending machines, may sell up to three types of food or beverage

items. Food items are defined as each separate kind of food offered for sale as

a unit, e.g., orange juice and apple juice is considered two items. (CCR Title 5,

Section 15501)

b. Secondary schools are permitted to have only one organization sell each day

except for four days during the school year. On those four days during the year,

any number of organizations may sell. (CCR Title 5, Section 15501)

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c. The sales during the regular school day are not of food prepared on the

premises. (CCR Title 5, Section 15501)

d. The food items sold during the regular school day shall not be the same as any

item sold by the district in the Nutrition Services program at that school during

that school day. (CCR Title 5, Section 15501)

e. All foods and beverages offered for sale to students by any organization or

entity at each point of sale must be compliant. The only foods and beverages

that are approved for sale during the school day must meet guidelines.

(Exhibit B)

E. Vending Machines/Contracts

1. All food and beverages sold to students in vending machines shall meet or exceed

all existing state, federal, and local mandates and follow all fundraising

guidelines.(CCR, Title 5, Sections 15550, 15501, E.C. Section 39876, 48931,

49431.2, 49431.5, 7CFR 210.11, 210.12).

2. A school is not permitted to enter into or renew a food or beverage contract without

the prior approval of the Superintendent or authorized delegate. All food and

beverages must be in compliance with District policies.

F. Celebrations and Rewards

Non-food celebrations and rewards are encouraged. Examples are birthday book club,

party games, pencils, stickers, music, art projects or teacher assistant of the day. Food

or beverages offered to students during school activities, celebrations, parties and

recognitions, shall follow the district nutrition standards listed in Exhibits A and B.

Celebrations involving food and beverages shall occur after the close of the lunch

period.

G. Access to Meals

1. Meal Service and Times

Each student shall have a minimum of 20 minutes to consume lunch. All students

K-12 must be offered a district-sponsored reimbursable meal during each school

day (EC Section 49550). During is defined as requiring that students return to

class after the lunch period. Meals are required to be offered to kindergarten

students during regular lunch service, but meals must be eaten on campus. No

district-sponsored reimbursable meals are to be taken off campus unless authorized

for a field trip or other school activity.

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2. Free and Reduced-Price Meals

A free and reduced-price meal application must be given to every family each

school year. Applications may be mailed home to each family or given to each

student by the first day of school.

H. Facilities/Environment

1. Schools will create an environment that supports healthy eating practices and allows

adequate time for food consumption. Schools will strive to maintain dining areas

that are pleasant, clean and inviting places to eat meals.

2. All food facilities operated by the Nutrition Services Department are regulated

under the California Retail Food Code. Nutrition Services personnel who are

certified in food safety must be present when these facilities are in use.

I. Field Trips

The District encourages the adherence of food and beverage nutrition standards on all

district-sponsored field trips and school activities.

IV. Implementation and Effectiveness

A. Each school shall post the Student Wellness Policy and accompanying regulations on

nutrition and physical activity in public view within all school cafeterias, or other

central eating areas.

B. The Superintendent or designee shall ensure district wide and individual school

compliance with the adopted Student Wellness Policy. In order to ensure success,

assessments will be conducted annually to determine compliance and progress toward

implementation of the Student Wellness Policy.

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Legal References:

California Retail Food Code 114021

Code of Regulations, Title 5

15500-15501 Food Sales by student organizations

15500 Food sales in elementary schools

15501 Sales in high schools and junior high school

15510 Mandatory meals for needy students

15530-15535 Nutrition education

15550-15565 School lunch and breakfast program

Code of Regulations, Title 7

210.1-210.31 National School Lunch Program

220.1-220.21 National School Breakfast Program

Education Code

E.C. 38080-38103 Cafeteria, establishment and use

E.C. 38085 Sale of specified food items

E.C. 45103.5 Contracts for management consulting services; restrictions

E.C. 48931 Authorization and sale of food

E.C. 49430-49436 Pupil Nutrition, Health, Achievement Act of 2001

E.C. 49490-49493 School Breakfast and lunch programs

E.C. 49500-49505 School meals

E.C. 49510-49520 Nutrition

E.C. 49530-49536 Child Nutrition Act

E.C. 49547-48548.3 Comprehensive nutrition services

E.C. 49550-49560 Meals for needy students

E.C. 49570 National School Lunch Act

E.C. 51210 Course of study, Grades 1- 6

E.C. 51220 Course of study, Grades 7- 12

E.C. 51222 Course of Study, Grades 7 12

E.C. 51241 Course of Study, Exemptions from requirements

E.C. 51520 School premises; prohibited solicitations

Federal Child Nutrition and WIC Reauthorization Act of 2004

Public Law 108-265, Section 204 (Local Wellness Policy)

Federal Regulations Definition

210.11 Federal Register

United States Code, Title 20

1232g Federal Educational Rights and Privacy Act

6301-6514 Title 1 programs

United States Code, Title 42

1751-1769 National lunch Programs

1771-1791 Child Nutrition

1773 School breakfast program

Regulation Established: April 28, 2010