6000 - Support Services

6235 Beverage Vending Sales

6235 BEVERAGE VENDING SALES

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A. REQUIREMENTS FOR BEVERAGE VENDING SALES

The board of education permits each school to sell beverages to students in vending machines during the regular school day subject to the following requirements.

  1. Soft drinks may not be sold (a) during the breakfast and lunch periods; (b) at elementary schools; or (c) contrary to the requirements of the National School Lunch Program.
  2. Nutrition Standards for Beverages

All schools may sell:

·         Plain water (with or without carbonation)

·         Unflavored low fat milk

·         Unflavored or flavored fat free milk and milk alternatives permitted by NSLP/SBP

·         100% fruit or vegetable juice and

·         100% fruit or vegetable juice diluted with water (with or without carbonation), and no added sweeteners

Elementary schools may sell up to 8-ounce portions, while middle and high schools may sell up to 12-ounce portions of milk and juice. There is no portion size for plain water.

Beyond this, the standards allow additional “no calorie” and “lower calorie” beverage options for high school students.

·         No more than 20-ounce portions of

·         Calorie-free, flavored water (with or without carbonation); and

·         Other flavored and/or carbonated beverages that are labeled to contain less than or equal to 5 calories per 8 fluid ounces or less than or equal to 10 calories per 20 fluid ounces.

·         No more than 12-ounce portions of

·         Beverages with less than or equal to 40 calories per 8 fluid ounces, or less than or equal to 60 calories per 12 fluid ounces

The standards do not apply during non-school hours, on weekends, and at off-campus fundraising events.

The school day does not include school-related events at which parents and other adults constitute a significant portion of the audience or are selling beverages as part of booster club activities. Examples of such school-related events include interscholastic sporting events, school plays and band/orchestra concerts. Nothing in this policy is intended to prohibit or restrict the sale of beverages, including soft drinks: (a) after the end of the school day; (b) on weekends; or (c) during school vacations or holidays.

B. BIDDING REQUIREMENTS

Federal procurement procedures must be followed for all beverage vending contracts that include in whole or in part products to be resold by the Child Nutrition Program (CNP). In addition, the superintendent or designee may employ either of the following bidding procedures:

1. Publish requests for separate bids for beverages to be sold through the CNP and bids or requests for proposals (RFPs) for beverages not to be sold through the CNP; or

2. Combine requests for bids for both beverages to be sold through the CNP and beverages not to be sold through the CNP. Proceeds from any combined CNP/non-CNP beverage vending contract must be divided between the CNP and the individual school account, such that proceeds accruing on school days from 12:01 a.m. until the end of the last established lunch period are deposited into the CNP account. Any proceeds from sales that are not due to the CNP must be appropriately accounted for and used by the individual school for school purposes only.

All beverage vending contracts must be approved by the board of education unless, upon the recommendation of the superintendent, the board specifically delegates such authority to school personnel.
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Legal References:

National School Lunch Act, 42 U.S.C. 1751 et seq., 7 C.F.R. 210.11; 7 C.F.R. 3016.36; G.S. 115C-263, -264, 264.2, -264.3; 16 N.C.A.C. 6H .0104; State Board of Education Policy TCS-S-000; Eat Smart: North Carolina’s Recommended Standards for All Foods in Schools, N.C. Department of Health and Human Services, N.C. Division of Public Health (2004); Healthy, Hunger-Free Kids Act of 2010.

Cross References:

Goals of Student Food Services (policy 6200), Operation of Student Food Services (policy 6220), Nutritional Standards for Food Selection (policy 6230); Student Wellness (policy 6140)

Adopted:

January 09, 2012

Last Updated:

February 9, 2016

Legal References:
National School Lunch Act, 42 U.S.C. 1751 et seq., 7 C.F.R. 210.11; 7 C.F.R. 3016.36; G.S. 115C-263, -264, 264.2, -264.3; 16 N.C.A.C. 6H .0104; State Board of Education Policy TCS-S-000; Eat Smart: North Carolina’s Recommended Standards for All Foods in Schools, N.C. Department of Health and Human Services, N.C. Division of Public Health (2004)
Cross References:
Goals of Student Food Services (policy 6200), Operation of Student Food Services (policy 6220), Nutritional Standards for Food Selection (policy 6230)
Adopted:
Monday, 09 January 2012
Last Updated:
Tuesday, 09 February 2016