W. Va. Code R. § 126-86-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-86-5 - Nutrition Standards for Competitive Foods and Beverages

5.1. The Smart Snacks in School nutrition standards apply to any foods sold to students during the school day on the school campus, including foods sold as fundraisers. Foods that do not meet these federal standards cannot be sold to students on the school campus during the school day. Standards do not apply during non-school hours, on weekends, and at off school campus fundraising events, though local wellness policies may still apply. These standards apply to foods sold outside the National School Lunch Program (NSLP) and the School Breakfast Program (SBP).

5.2. Food and beverage contracts must comply with W. Va. 126 CSR 202, WVBE Policy 8200, Purchasing Procedures for Local Educational Agencies.

5.3. Except for foods served in school nutrition programs, no food or beverage shall be sold, served, or distributed to students on elementary school campuses from the time the first child arrives at school until 20 minutes after all students are served lunch.

5.4. Foods and beverages may not be sold, served, or distributed in competition with federal child nutrition programs in school campus food service areas during the meal service periods.

5.5. In addition to caffeine, the sale, service, or distribution of any foods or beverages containing non-nutritive/artificial sweeteners is prohibited.

W. Va. Code R. § 126-86-5