Can a student or teacher bring food items to school for sale to other students?
No. The only sales that are allowed are pre-approved fundraisers through student body organizations or pre-approved sales through parent groups. CA Ed Code 51520 and 51521 state that teachers and others are prohibited from soliciting students during the school day or one hour before and after school unless the sale is approved by the district. This includes individuals making solicitations on behalf of the school district or an ASB organization. However, federal regulations are stricter than CA Ed code, stating that food sales are prohibited from midnight through 30 minutes after the end of the school day.
What are the consequences for not following the smart snacks rules?
Section 303 of the Healthy, Hunger-Free Kids Act amended section 22 of the NSLA (42 U.S.C. 1769c) to provide the USDA with the authority to impose fines against any school or school food authority failing to comply with regulations. After July 1, 2014, the USDA has the authority to assess those fines.
Can we sell home-baked goods?
No. For the safety of our children, all food items for sale must come from an approved source (a food service establishment that holds a valid Health Permit). All foods for sale on our school campuses must meet the California Smart Snacks in School guidelines and must receive prior approval through proper documentation.
Can teachers give "bucks," vouchers, coupons, etc. to students so they can exchange for candy or other non-nutritional items?
No. Laws recently passed prohibit the exchange of non-compliant foods for money, coupons, vouchers, or any other manner of exchange.