Current through Register Vol. 48, No. 12, March 22, 2024
a) Beginning July 1, 2014, each participating
school shall adhere to the competitive food standards for the sale of
competitive food sold to students on the school campus of the participating
school during the school day, except as permitted under subsection (b). (See
7
CFR 210.11(2013).)
b) A participating school may annually have
no more than the number of exempted fundraising days authorized in this
subsection (b).
1) For school year 2014-15,
the number of exempted fundraising days shall be limited to:
A) No more than nine exempted fundraising
days for participating schools with grades 8 and below; and
B) No more than 36 exempted fundraising days
for participating schools with grades 9 through 12.
2) For school year 2015-16 and after, the
number of exempted fundraising days shall be:
A) prohibited in participating schools with
grades 8 and below; and
B) limited
to no more than nine exempted fundraising days for participating schools with
grades 9 through 12.
3)
The provisions of this subsection (b) do not limit the number of foods and
beverages that may be sold to students on an exempted fundraising day nor do
they limit the number of organizations or clubs to which a participating school
may grant permission to offer competitive food for sale to students on an
exempted fundraising day.
c) In order to have exempted fundraising days
authorized under subsection (b), a participating school shall:
1) adopt a policy stating the procedures to
be used to request an exempted fundraising day, and the process and criteria to
review and approve or deny a request;
2) include the fundraising policy adopted
under subsection (c)(1) in the participating school's local school wellness
policy established in accordance with
42 USC 1758
b and any federal regulations issued under that statute (see proposed rule at
79 Fed. Reg. 10693, February 26, 2014); and
3) maintain for no less than three years a
listing of the exempted fundraising days held; these records shall be retained
in accordance with the requirements of
7 CFR 210.9(b)(17)
(2013).
d) All revenue from the sale of any food or
beverage meeting the competitive food standards sold to students in the food
service areas during the meal period shall accrue to the nonprofit school lunch
program account.
