1. (a) Access to foods and beverages in public schools.

   1. (1) Elementary students will not have access to vending machines offering food and beverages.

   2. (2)

      1. (A)

2. (i) During the school day, all schools may serve or provide food or beverages that are compliant with Smart Snacks regulations.

   1. (ii) This includes competitive foods provided by:
3. (a) (a) School administrators or school nonlicensed or licensed staff (principals, coaches, teachers, club sponsors, etc.);

4. (b) (b) Students or student groups;

   1. (c) (c) Parents or parent groups; or

      1. (d) (d) Any other person, company, or organization associated with the school site.

      2. (B) The school district shall maintain documentation that all food and/or beverages comply by utilizing the Alliance for a Healthier Generation Smart Snacks Calculator, including a copy of the:

         1. (i) Smart Snacks Calculator product compliance screen; and
         2. (ii) Nutrition fact label of the product.

      3. (C)

         1. (i) Outside of meal service, schools shall limit the number of servings per day to one (1) per student.
         2. (ii) Food and beverages provided under subdivision (a)(2) of this section shall not be available in the food service area during meal service.
      4. (D) The school district shall maintain documentation that all fundraisers to which subdivision (a)(2) of this section applies are approved by district administration.

   2. (3) During the school day, all schools may sell or provide competitive food or beverages to students anywhere on school premises thirty (30) minutes after the last lunch period has ended as long as those food and beverage items meet the Smart Snacks requirements and meet the following limitations:

      1. (A) Beverages shall be no larger than twelve ounces (12 oz.); and
      2. (B) Beverages shall not contain more than fifty-five milligrams (55 mg) of caffeine per serving.

   3. (4)

      1. (A) A la carte items sold in the food service area during meal times shall be compliant with Smart Snacks regulations.

      2. (B) This includes:

         1. (i) Entrees;
         2. (ii) Side dishes;
         3. (iii) Second trays; and
         4. (iv) All competitive foods.

5. (b) Exceptions to limiting access to foods and beverages in all schools.

   1. (1) Parents’ rights.

      1. (A) This section does not restrict what parents may provide for their own child’s lunch or snacks.
      2. (B) Parents may provide competitive foods and/or beverages or candy items for their own child’s consumption, but they may not provide restricted items to other children at school.
   2. (2) School nurses. This section does not apply to school nurses using competitive foods and/or beverages during the course of providing health care to individual students.
   3. (3) Special needs students. This section does not apply to special needs students whose individualized education program plan or 504 plan indicates the use of competitive foods and/or beverages for behavior modification or other suitable need.

   4. (4)

      1. (A) School events. Students may be given any food and/or beverage items during the school day for up to nine (9) different events each school year to be determined and approved by school officials.
      2. (B) These items may not be given during meal times in the areas where school meals are being served or consumed.

   5. (5) Foods for instructional purposes.

      1. (A) Foods integrated as a vital part of the instructional program are allowed at any time.

      2. (B) Examples include edible manipulatives such as:

         1. (i) A square of cheese to teach fractions;
         2. (ii) A nutrition food experience;
         3. (iii) Food production in family and consumer science units; and
         4. (iv) Food science units.
   6. (6) United States Department of Agriculture Fresh Fruit and Vegetable Program. Fresh fruits and fresh vegetables may be provided through this program, which is administered by the Division of Elementary and Secondary Education’s Child Nutrition Unit and funded through the Food, Conservation, and Energy Act of 2008, Pub. L. No. 110-246, to provide all children in participating schools with a variety of free, fresh fruits and fresh vegetables throughout the school day.

   7. (7) Self-Sustaining Fresh Fruit and Vegetable Program.

      1. (A) Fresh fruits and fresh vegetables may be provided through this program administered at the local school level and funded through:

         1. (i) Local Child Nutrition Funds, when exceeding an operating balance of three (3) months;
         2. (ii) School-sponsored groups; and/or
         3. (iii) Private entities within the community.

      2. (B) Schools participating in this program attest that the intent of the federal Fresh Fruit and Vegetable Program will be followed, including but not limited to the requirements for only:

         1. (i) Fresh fruits and fresh vegetables;
         2. (ii) Nutrition education; and
         3. (iii) Community involvement.
   8. (8) School testing days. School officials may authorize students to be provided any food and/or beverage items during the school day that meet the Alliance for a Healthier Generation Smart Snacks Calculator requirements on those days scheduled on the school calendar as testing days as defined in 6 CAR § 157-102(42).

Codification Notes: The Food, Conservation, and Energy Act of 2008 is codified at 7 U.S.C. § 8701 et seq.