W. Va. Code R. § 126-85-121
Current through Register Vol. XLI, No. 49, December 6, 2024
Section 126-85-121 - Requirements and Accountability for Foods and Beverages Sold/Served121.1. The WVBE has adopted the Standards for School Nutrition, Policy 4321.1, which sets requirements for all foods and beverages made available on school premises during the school day. The school day for the purpose of this policy is defined as the time between the arrival of the first child at school and the end of the last scheduled instructional period. 121.2. Acceptable vended food items may be sold if nutrition validation is on file at the school. Validation may be in the form of a laboratory analysis of a specific item and shall be written on vendor/company letterhead and signed by an authorized company official. If nutrition labels are used as documentation, the SFA must provide access to that information at the time of review (Refer to guidelines for product selection). 121.3. Nutrition policies adopted by WVDE are more restrictive and supersede those of USDA Schools shall be guided by definitions contained herein rather than information furnished by sales representatives. 121.4. No candy, soft drinks, chewing gum or flavored ice bars will be sold or served during the instructional day except that, county boards may permit the sale of soft drinks in county high schools except during breakfast and lunch periods. The sale of such soft drinks shall be in compliance with the rules of the NSLP and the SBP of the WVBE and the FNS of the USDA. Seventy-five percent of the profits from the sale of soft drinks shall be allocated by a majority vote of the faculty senate of each school and twenty-five percent of the profits from the sale of soft drinks shall be allocated to the purchases of necessary supplies by the principal of the school. No foods containing 40% or more sugar by weight or juice products containing less than 20% real juice will be sold or served. 121.5. All "other foods" available during the instructional day shall reflect the Dietary Guidelines for fat by limiting the number of fat grams to not more than 8 per one ounce serving, or meet the USDA standard for a meal component. "Other foods" are defined as any food or beverage, other than those served as part of the school meal: including snacks from vending machines, and foods sold during school hours for fund-raising purposes and foods for parties. Other foods do not include those brought to school by individual students for their own consumption. 121.6. No "other foods" may be sold or served in food service areas during meal service periods, except as permitted in sections 29.1 and 11.1 of this policy. Further, food vending (machines or concessions) areas may not be located in such a way as to encourage the choice or purchase of foods as a ready substitute for, or addition to, reimbursable meals. 121.7. After-school programs that provide supplemental meals to children shall comply with standards of the policy. 121.8. County boards of education and local school administrators shall provide a nutritionally healthful school environment for students and accountability for all funds from food and beverage sales. Enforcement systems shall include, but are not limited to: 121.8.1. The Performance Based Accreditation System that includes (a) specified compliance standard(s) and verification procedures. 121.8.2. Monitoring sales and service of "other foods". Sanctions for non-compliance shall include transfer of purchasing authority for food and beverage items from the school to the county level. W. Va. Code R. § 126-85-121