West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-121 - Requirements and Accountability for Foods and Beverages Sold/Served

Current through Register Vol. XLI, No. 28, July 12, 2024
121.1. 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.