Vending Machines/School Stores: No state policy.

Other Food Sales: No state policy.

School Gardening: Sec 14.30.375 (2010) allows a school district to authorize or operate a school garden, greenhouse or farm both for educational purposes and for growing fruits and vegetables for consumption by the students through the school district's meal and snack program. If a school district operates a school garden, greenhouse or farm, the district shall give students the opportunity to be involved. In addition, students shall be afforded the opportunity to learn about both organic and conventional growing methods. School districts may sell excess fruits and vegetables. 

Vending Machines/School Stores:  The restrictions implemented as a part of the resolution (2007) adopted by the Alabama State Board of Education (listed above) apply to vending machines. Under the Resolution, no full-calorie sodas may be sold in any vending machine in any school.  In high schools, vending machines must contain at least 50% water and non- or low-calorie options.

The Healthy Snack Standards for Foods and Beverages at School (2005) requires schools to restrict student access to concessions, extra sales, vending, and fundraisers during the meal period.  In elementary and middle schools, all fronts of vending machines must picture water or fruit juice products.  Snacks sold separately through the vending machines, a la carte sales in the cafeteria, school stores, fundraisers, classroom parties and other school events must follow the standards outlined in the Healthy Snack Standards for Foods and Beverages at School (2005).  Nutrient content must meet the following standards:  (1) Low or moderate in fat (less than 10% DV of total fat), (2) Less than 30 grams of carbohydrate, (3) Less than 360 mg of sodium, (4) Contain 5% DV of either vitamin A, vitamin C, iron, calcium or fiber.  Maximum portion sizes for individual snack and dessert items are provided in Healthy Snack Standards for Foods and Beverages at School (2005).

Other Food Sales: See Vending Machines/School Stores.

Marketing: The Healthy Snack Standards for Foods and Beverages at School (2005) requires vending machine displays in all schools to be limited to those that display water or 100% fruit juice with no added sweeteners.

School Gardening: No state policy.

Vending Machines/School Stores: Codes 6-7-119 and 20-7-135(c) (2003) and the State Board of Education's Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools (2007) prohibit in-school access to vending machines that offer food and beverages to elementary school students.  In middle/junior and high schools beginning half an hour after the lunch period ends, at least 50% of beverages in vending machines, school stores and other sales venues must be 100% fruit juice, low-fat or fat-free milk, unflavored or unsweetened water. 

Other Food Sales: Middle/Junior and High Schools

• Schools may not serve, provide access to, or use as a reward FMNV or competitive foods until hour after the lunch period ends.
• Whenever competitive foods are sold, a choice of two fruits and/or 100% fruit juice must also be offered for sale at the same time and place.

All FMNV or competitive foods sold to students may not exceed 12 ounces per vended container. 

School Gardening: No state policy.

Vending Machines/School Stores: ARS 15-242 requires all foods sold in vending machines, snack bars, a la carte, at fundraisers and at school stores to meet the Arizona Nutrition Standards (2007) as outlined above in Food Services.

Other Food Sales:  ARS 15-242 requires all foods sold in vending machines, snack bars, a la carte, at fundraisers and at school stores to meet the Arizona Nutrition Standards (2007) as outlined above in Food Services.

School Gardening: No state policy.

Vending Machines/School Stores: Education Code 49431.5 (2005) allows beverages other than fruit-based drinks composed of no less than 50 percent fruit juice with no added sweeteners, drinking water, milk, and an electrolyte replacement to be sold to pupils in a middle or junior high school if vending machines, pupil stores, and cafeterias are not used any time earlier than one-half hour after the end of the school day. The law allows elementary, middle and junior high schools to make available any of the more healthful beverages during the school day through a vending machine.

Education Code 49431.7 (2007) prohibits a school or school district from making food containing artificial trans fats available to students in grades K-12 through a vending machine or school food service establishment during school hours and one half an hour before and after school.

Other Food Sales: California Code of Regulation Title 5, Division 1, Chapter 15, Subchapter 1, Article 1 15500 (1977) prohibits the sale of food by pupil organizations in grades K-8 if the school is participating in the National School Lunch, School Breakfast, or Food Distribution programs. The governing authority may permit, however, a student organization to sell not more than one food item if the listed conditions are met. California Code of Regulation Title 5, Division 1, Chapter 15, Subchapter 1, Article 1, 15501 (1977) allows a student organization in middle and high schools to sell food items during or after the school day if the listed conditions are met.

School Gardening: Education Code 9000-9004 (2002) requires the Department of Education to establish, develop and implement an instructional school garden program that provides startup or expansion grants to school districts and county offices of education. Schools may use the funds to do the following: (1) to create an instructional school garden if one does not already exist, and (2) to incorporate a school garden salad bar or compost program if a school garden already exists.

Vending Machines/School Stores: SB 08-109 (2008) requires each school district board of education to adopt and implement a policy that prohibits, except as described in the Bill, the sale of beverages to students from any source, including but not limited to school cafeterias, vending machines, school stores, and fund-raising activities conducted on school campuses.  The State Board of Education's Rules for the Administration of the Healthy Beverages Policy (2008) require beginning July 1, 2009, beverages sold to students on school grounds during the regular and extended school day shall, at a minimum, meet the following nutritional standards:

Elementary level:
  *  Bottled Water
  *  Up to 8 oz servings of fat-free or low-fat milk, or USDA approved nutritionall equivalent milk alternatives
  *  Up to 8 oz servings servings of fat-free or low-fat nutritionally equivalent flavored milk up to 150 calories/8 oz
  *  Up to 8 oz servings of 100% juice with no added sweetners and up to 120 calories/8 oz

Middle school level:
  *  Bottled Water
  *  Up to 10 oz servings of fat-free or low-fat milk, or USDA approved nutritionall equivalent milk alternatives
  *  Up to 10 oz servings servings of fat-free or low-fat nutritionally equivalent flavored milk up to 150 calories/8 oz
  *  Up to 10  oz servings of 100% juice with no added sweetners and up to 120 calories/8 oz

High school level:
At least 50% of non-milk beverages must be water and no or low calorie options
*   Bottled water
*  No or low calorie beverages with up to 10 calories/8 oz (i.e., diet sodas, unsweetened diet teas, low calorie 
    sport drinks, fitness waters, flavored waters, seltzers)
*  Up to 12 oz servings of fat free or low fat milk. Milk includes nutritionally equivalent milk alternatives (per USDA)
*  Up to 12 oz servings of fat free or low fat nutritionally equivalent flavored milk up to 150 calories / 8 ounces
*  Up to 12 ounce servings of 100% juice, with no added sweeteners and up to 120 calories / 8 ounces
*  Other drinks, up to 12 ounce servings with no more than 66 calories / 8 ounces

Statute 22-32-136 (2005) also encourages local districts to establish rules for when and where competitive foods may be sold on school property.

SB12-086 (2012) prohibits a public school or institute charter school from making available to a student a food item that contains any amount of industrially produced trans fat. The prohibition applies to all food and
beverages made available to a student on school grounds during each school day and extended school day, including but not limited to a food or beverage item made available to a student in a school cafeteria, school
store, vending machine, or other food service entity existing upon school grounds or through any fundraising effort conducted by one or more students, teachers, or parents.

Other Food Sales: State Board of Education Regulation 2202-R-203 (1998) prohibits the operation of competitive food or beverage services that is in competition with the district's food service program. Competitive food services must be closed 1/2 hour prior to and remain closed until 1/2 hour after the last regular scheduled school lunch and/or school breakfast period on the campus where school lunches and breakfasts are served. This restriction, however, may be waived for the competitive food service of mechanically-vended beverages offered to senior high school students outside of the meal service area.

School Gardening: No state policy.

 

Vending Machines/School Stores: 

• Milk, flavored or unflavored with no artificial sweeteners and no more than 4 grams of sugar per ounce.
• Nondairy milk such as soy or rice milk, which may be flavored but contain no artificial sweeteners, no more than 4 grams of sugar per fluid ounce, no more than 35 percent of calories from fat and no more than 10 percent of calories from saturated fat;
• 100% fruit, vegetable or combination juice, with no added sugars, sweeteners or artificial sweeteners;
• Beverages containing only water and fruit or vegetable juice, having no added sugars, sweeteners or artificial sweeteners. These beverages must also meet the requirements specified in Requirements for Beverages Containing Water and Juice;
• Water, which may be flavored but contain no added sugars, sweeteners or artificial sweeteners or caffeine; and
• Portion sizes, excluding water as described above, may not exceed 12 ounces.
• Beverages that do not meet the requirement of state statute can only be sold to students on school premises if the local board of education votes to permit them and the following conditions are met: 1) the sale is in connection with an event occurring after the end of the regular school day or on the weekend; 2) the sale is at the location of the event; and 3) the beverages are not sold from a vending machine or school store. Schools are permitted to sell beverages that are not allowed by Chapter 170, Section 10-221q to teachers and other school staff members, as long as they are not accessible to students (e.g., a soda machine in teachers' lounge or coffee sold only to adults in the cafeteria). However, the Connecticut State Department of Education encourages districts to consider this issue in relation to the promotion of staff wellness practices.

Food: Statute Chapter 169, Section 10-215f requires districts that participate in the National School Lunch Program to certify annually to the Department of Education whether all food items made available for sale will meet the Connecticut Nutrition Standards. If the district implements healthy food certification under Statute Chapter 169, Section 10-215f of the Connecticut General Statutes, then all foods sold in vending machines and school stores must always meet the Connecticut Nutrition Standards. Chapter 169, Section 10-215f specifies that food items not meeting the Connecticut Nutrition StandardsPosition Statement on Nutrition and Physical Activity (2010) states that local school boards should establish policies and procedures to ensure that all foods and beverages available on school premises, including school meals, vending machines, school stores, fundraisers, classroom parties and other events, meet state nutrition standards that are consistent with the Dietary Guidelines for Americans and national health recommendations. It also indicates that district policies and procedures should assist all administrators and staff with eliminating practices that are counterproductive to students’ health and learning or that contradict positive health messages, such as food rewards, taking away recess as punishment and selling unhealthy foods and beverages to raise funds. The SDE position statement also states that districts should use healthy eating goals and science-based nutrition standards, such as the Connecticut Nutrition Standards, to determine which foods and beverages are allowed for sale or distribution on school premises (e.g., cafeteria a la carte sales, vending machines, school stores, fundraisers, classroom parties, sporting events and other activities).

Vending Machines/School Stores: No state policy.

Other Food Sales: Administrative Code 14:852 requires, foods sold in addition to meals be selected to promote healthful eating habits and exclude those foods of minimal nutritional value."

School Gardening: No state policy.

Vending Machines/School Stores: State Board of Education Administrative Rule 6A-7.0411 (2000) requires each district school board to control the sale of food and beverage items in competition with the food service program. These competitive food and beverage items may only be sold in secondary schools with the approval of the board, one hour after the closing of the last lunch period.

Other Food Sales: State Board of Education Administrative Rule 6A-7.0411 requires each district school board to control the sale of food and beverage items in competition with the food service program. These competitive food and beverage items may only be sold in secondary schools with the approval of the board, one hour after the closing of the last lunch period. School boards may allow the sale of carbonated beverages to high school students by a school activity or organization approved by the principal at all times if 100% fruit juice is sold at each location where carbonated beverages are sold. Carbonated beverages may not be sold where breakfast or lunch is being served or eaten; however, non-carbonated beverages may be sold at all times during the day at any location. All proceeds from the sales must accrue to the food service program or a school organizations approved by the board.

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: State Board of Education Rule 160-5-6-.01 (2002) requires each local board of education to ensure participation by all schools in a state-approved nutrition program and provide a policy prohibiting the sale of food of minimal nutritional value, as described in Federal Rule. The policy must prohibit the sale of foods of minimal nutritional value (FMNV) in elementary schools from the beginning of the school day until the last lunch period when students are scheduled to return to class.  For all other schools, FMNV must be prohibited in the dining, serving and kitchen areas during mealtime.

School Gardening: No state policy.

Vending Machines/School Stores:  State Board of Education Policy 6810 stipulates that from the beginning of the school day to the end of the school day, with the exception of certain vending machines deemed appropriate by the Department of Education and all-school events approved by the principal, schools are not allowed to permit the sale of other foods.  Beverage selections from school vending machines available to students must contain only beverages deemed appropriate by the Department of Education (DOE).  The DOE defines healthy beverages" as milk, flavored milk, water and fruit juice containing at least 50 percent juice or other choice deemed appropriate by the DOE. Beverages other than water shall not be sold when meals are served.

Other Food Sales: Wellness guidelines (2008) adopted by the Departments of Education and Health establish the following nutrition guidelines for all foods on campus:

• Nutrition information for products offered in snack bars, ala carte, vending, etc. is readily available near the point of purchase
• All snack and beverage items sold or served anywhere on school property, including items sold in ala carte lines and fundraisers, provided in classrooms, or served in the reimbursable After School Snack Program, must meet the following standards (per serving). Standards do not apply to fresh fruits and vegetables, nuts and seeds.
  • No more than 8 grams of total fat
  • No more than 2 grams of saturated fat
  • Zero grams of trans fat
  • No more than 200 calories
  • No more than 200 milligrams of sodium
  • More than 2 grams of dietary fiber
• All beverages may not exceed 12 ounces, with the exception of water and 1% or less milk.
• Products containing 2% milk fat or more may not exceed 8 ounces.
• Limit sugar

HRS 302A-1146 (2004) states that it is unlawful for any public school to operate stores or sell merchandise except for school lunches, milk, ice cream, candy, and products made from the school without written permission by the department.

School Gardening: House Resolution 21 (2005) encourages the Department of Education, Board of Education and Hawaii Association of Independent Schools to evaluate the liability of and consider policies that would allow School Community Councils the choice of establishing an edible garden program at their schools. It also encourages them to consider policies that integrate edible school gardens into school curriculums and school nutritional programs. The Resolution requires the DOE to submit a report to the legislature on its progress in establishing edible school gardens and integrating them into school curriculums.

Vending Machines/School Stores: See the restrictions under Other Food Sales below.

Other Food Sales: State Board of Education Rule 281 IAC 58.9-11 (2009)  restricts the sale of a la carte, vending and regulated fundraising as follows:

• Food and beverages listed as a part of a NSLP reimbursable meal may be sold in the same portion size and frequency a la carte without having to meet the Healthy Kids Act Nutritional Content Standards. Items not offered as part of a reimbursable meal must meet all standards listed below.
• Calories for entrees may not exceed 400 
• Calories for sides may not exceed 200 calories
• Sodium for entrees may not exceed 600 mg (480 mg by 2014)
• Sodium for sides may not exceed 400 mg (200 mg by 2014)
• Saturated fat may not exceed 10% (excluding reduced fat cheese)
• Trans fat may not exceed 0.5 gm/serving
• Total fat may not exceed 35% calories (excluding nuts, seeds, nut butters and reduced fat cheese)
• Sugar may not exceed 35% calories (excluding fruits and yogurts)
• 50% of grains offered must be whole grain

Beverages in a la carte, vending and regulated fundraising are restricted to the following:
 

• Milk - low fat/nonfat regular, low fat/nonfat flavored with no nonnutritive sweeteners, <27 gm sugar/8 oz (2014), <24 gm sugar/8oz (2017), <22 gm sugar/8 oz (2020)
• 100% Fruit/Vegetable Juice with no added sweeteners
• Water with no added nonutritive sweeteners
• No sports drinks or flavored water for elementary students during the school day
• No caffeinated beverages for elementary students during the school day, with the exception of beverages that contain trace amounts of naturally occurring caffeine-related substances (e.g., chocolate milk).
• No sodas or carbonated beverages are to be made available to any students during the school day.

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: The Department of Education adopted New Nutrition Standards for Idaho Schools (2009) and strongly encourages each School Food Authority (SFA) to adopt the standards. The standards include limiting all a la carte foods to conform with the New Nutrition Standards.

School Gardening: No state policy

Vending Machines/School Stores: The requirements outlined in State Board of Education 23 Illinois Administrative Code Ch. 1, Section 305.15 (2006) (see Other Food Sales) apply to foods sold in vending machines and school stores for in schools for grades eight and below during the regular school day. 

Other Food Sales: State Board of Education 23 Illinois Administrative Code Ch. 1, Section 305.15 requires that food sold to students outside of food service areas or within food service areas other than during meal periods include only the following:  (1) nuts, seeds, nut butters, eggs, cheese packaged for individual sale, fruits or non-fried vegetables, or low-fat yogurt products or (2) any food item whose total calories from fat do not exceed 35%, calories from saturated fat do not exceed 10%, total amount of sugar by weight does not exceed 35% and calories do not exceed 200.

School Gardening: No state policy.

Vending Machines/School Stores: IAC 20-26-9-19 (2006) stipulates that vending machines that dispense food and beverages at elementary schools must not be available to students.  At least 50% of the food items and beverages available for sale at school or on school grounds, including vending machines, must qualify as better choice foods and beverages" (see details under Food Services).

Other Food Sales: No state policy.

School Gardening: No state policy.

Vending Machines/School Stores: The Kansas State Board of Education adopted a policy requiring all accredited K-12 schools in Kansas to implement the Advanced level of the School Wellness Model Policy Guidelines (2010) for foods and beverages sold in vending machines by August 1, 2010, and to implement the Exemplary level of these guidelines by August 1, 2011. According to these guidelines, foods of minimal nutritional value (FMNV) cannot be sold on school property in areas accessible to students in elementary and middle schools until after the end of the school day and in secondary schools until one hour after the last lunch period. The Exemplary guidelines for vended foods and beverages are as follows:

• Fat - 35% or less of total calories (or less than 4g per 100 calories), except for nuts, seeds and nut butters
• Sugar - 35% or less of weight from total sugar (or less than 9 g per 100 calories), except fruit without added sugar.
• Calories - 200 calories or less
• Non-caloric water
• Only low-fat (1% or 1/2%) and-or skim milk
• Soy or rice beverage with 35% or less of weight from total sugar (less than 9 grams per 100 calories)
• 100% juice
• Electrolyte replacement beverages that contain 48 g or less of sweetener per 20-oz selling unit may be located in drink machines located near high school athletic training centers.
  
   

Other Food Sales: No state policy.

School Gardening: No state policy.

Vending Machines/School Stores: KRS 158.854 (2005) restricts the sale of beverages to school-day-approved beverages."  These include water, 100% fruit juice, low-fat milk and any beverage that contains no more than 10 grams of sugar per serving.  This limitation applies to vending machines, school stores, canteens, or fundraisers that sell beverages to students, teachers or groups.

State Board of Education Regulation 702 KAR 6:090 (Section 1) (2006) restricts the sale of beverages beginning thirty minutes after the last lunch period until the end of the last instructional period.  Beverages offered for sale, whether through vending machines, school stores, canteen or fundraisers on school property must be: (1) flavored or unflavored 1% or less milk, (2) flavored or unflavored, non-caloric, non-carbonated water, (3) 100% fruit or vegetable juice, (4) any beverage which does not contain more than 10 grams of sugar per serving (with the exception of fruit juice), (5) 17 ounces or less (excluding flavored, non-caloric or non-carbonated water) for elementary school and 20 ounces or less for middle and high school.

State Board of Education Regulation 702 KAR 6:090 (2006) restricts the sale of food items beginning thirty minutes after the last lunch period until the end of the last instructional period.  This includes the sale of food items in vending machines, school stores, canteen, and fundraiser on school property.  The complete list of restrictions which include calories, portion size, fat, sugar and sodium content can be found in Section 2 of State Board of Education 702 KAR 6:090 (2006).

Other Food Sales: State Board of Education 702 KAR 6:090 (2006) restricts sales of a la carte items in the cafeteria line during the serving of breakfast or lunch.  All items must meet the food item and beverage standards established in Section 1 and 2 of the policy.

School Gardening: No state policy.

Vending Machines/School Stores: RS 17:197.1 (2009) restricts the sale of beverages and foods that can be sold on school grounds that are not part of the school food program beginning one half-hour before school begins and ending one-half hour after the school day ends to the following: (1) beverages (except milk and water) may not exceed 16 ounces, (2) 100% fruit or vegetable juice with no added sweeteners, (3) unsweetened flavored drinking water or unflavored drinking water, and (4) low-fat milk, skim milk, flavored milk and non-dairy milk.  At the high school level, beginning the last ten minutes of the lunch period (except for beverages sold as part of the reimbursable lunch), beverages are limited to (1) bottled water, (2) no calorie or low-calorie beverages containing no more than 10 calories per 8 oz, (3) up to 12 oz of servings of beverages that contain 100% fruit juice with no added sweeteners and up to 120 calories per 8 oz.

RS 17:197.1 (2009) states that except for items sold as part of the school food program, food items which meet any of the following criteria may not be sold to students at public elementary and secondary schools or on the grounds of public elementary and secondary schools at any time during a period beginning half an hour before the start of the school day and ending half an hour after the end of the school day:

HB4459 (2010) requires the Department of Public Health to develop regulations for all competitive foods and beverages sold on school grounds up to 30 minutes before the beginning of the school day or 30 minutes after the end of the school day. In the case of vending machines, however, the regulations apply at all times. The regulations may make reasonable exceptions for booster sales, fundraising and concession stands during the school day. The Department of Public Health must conduct a review of the regulations every 5 years and report the findings to the legislature. The report must include: (1) An assessment of success in implementing the regulations, (2) Challenges and barriers experienced in implementation (3) Changes in revenue received from reimbursable school meals and competitive food sales, (4) Changes in student participation in school meals, (5) recommendations for improvement of guidelines.

As a result of HB4459 (2010), the Public Health Council issued  Nutrition Standards for Competitive Foods and Beverages in Public Schools. The standards are as follows:

The standards define competitive foods are defined as those foods and beverages provided (1) school cafeterias, offered as a la carte items, (2) school buildings, including classrooms and hallways; (3) school stores; (4) school snack bars; (5) vending machines; (6) concession stands; (7) booster sales; (8) fundraising activities; (9) school-sponsored or school-related events; and (10) any other location on school property.  The competitive food standards do not apply to competitive foods and beverages sold on school grounds up to 30 minutes before the beginning or 30 minutes after the end of the school day. This exception does not apply to vending machines, however, which must comply at all times. The standards also require that all public schools make plain potable water readily available to all students during the day at no cost to the students and offer fresh fruit and non-fried vegetables for sale at any location where food is sold (except non-refrigerated vending machines and those dispensing only beverages. Schools may not use fryolators in the preparation of competitive foods and are required to make nutrition information available for students for non-prepackaged competitive foods and beverages (excluding fresh fruits or vegetables and foods or beverages sold during the school day at booster sales, concession stands and other school-sponsored  or school-related fundraisers and events).

Beverages

• Juice: 100% fruit or vegetable juice with no added sugar, no more than 4 oz
• Milk and Milk Substitutes:  Fat free or low-fat (1% or less), no more than 8 oz and 22 grams of sugar per 8 oz
• Water: No added sugars, sweeteners or artificial sweeteners, but may contain natural flavorings and/or carbonation
• Beverages with added sugar or sweeteners:  Any beverages with added sugar or sweeteners not already prohibited in section 225.200 will be phased out by August 1, 2013; provided, however, that a public school may provide or sell flavored milk or milk substitutes that contain the same amount or less sugar than plain fat-free or low-fat milk.   
• Other Beverages:  No beverages other than juice, milk, milk substitutes and water may be sold or provided. 

Food

• Calories: May not exceed 200 calories/item (except a la carte entrées, which may not exceed NSLP entrée items 
• Fat: No more than 35% of total calories, except as provided in 105 CMR 225.200
• Saturated Fat:  No more than 10% of total calories, except as provided in 105 CMR 225.2
• Exceptions to fat and saturated fat include up to 1 ounce of nuts, nut butters, seeds, or reduced fat cheese.
• Trans Fat: Must be trans-fat free.
• Sugar: No more than 35% of total calories from total sugars. Exceptions include  non-fat or low-fat yogurt, including drinkable yogurt, with a a maximum of 30 grams of total sugars per 8 ounces and  100% fruit with no added sugar.
• Sodium: No more than 200 mg per item. Exceptions include a la carte entrees (480 mg sodium limit)
• Grains: All bread and other grain-based products must be whole grain
• Artificial sweeteners: No food or beverage may contain an artificial sweetener.
• Caffeine: No food or beverage may contain more than trace amounts of caffeine.

Vending Machines/School Stores: The Competitive Food Standards outlined above apply to vending machines, including 30 minutes before and after the school day. 

Other Food Sales: The Competitive Food Standards outlined above apply to competitive food and beverages sold in 1) school cafeterias, offered as a la carte items, (2) school buildings, including classrooms and hallways; (3) school stores; (4) school snack bars; (5) vending machines; (6) concession stands; (7) booster sales; (8) fundraising activities; (9) school-sponsored or school-related events; and (10) any other location on school property.  The competitive food standards do not apply to competitive foods and beverages sold on school grounds up to 30 minutes before the beginning or 30 minutes after the end of the school day (this does not apply to vending machines. 

School Gardening: No state policy.

Vending Machines/School Stores:  Code 7-423 requires vending machines in public schools to have and use a timing device to automatically prohibit or allow access to vending machines in accordance with the nutrition policies established by the respective county school board.

Department of Education Management and Operations Memorandum (MOM) 012 (2005) limits the sale of beverages at all schools during the school day to the following:  water, non-carbonated, flavored water with less than 20 calories per serving, unflavored milk or soy milk (no more than 30gms/serving of sugar per 8 ounce serving), 100% fruit/vegetable juice (not to exceed 12 ounces), fruit/vegetable juice beverages with at least 10% juice and 100% vitamin C (not to exceed 12 ounces), isotonic beverages (not to exceed 16 ounces).

Other Food Sales:  Department of Education Management and Operations Memorandum (MOM) 012 (2005) prohibits the sale of Foods of Minimal Nutritional Value (FMNV) as defined in Appendix A of the memorandum, from 12:01 am until the end of the last lunch period for all schools.

Department of Education Management and Operations Memorandum (MOM) 012 (2005) recommends that all other food" (including pre-packaged snacks) served in elementary and middle schools outside of the Child Nutrition Program should be offered only in single-serving portions.  The unit sold, regardless of the number of portions in the package, should contain:

• No more than 9 grams of total fat, excluding seeds and nuts
• No more than 2 grams of saturated fat
• No more than 15 grams of sugar, excluding dried fruit with no added sugar.

School Gardening: No state policy.

Vending Machines/School Stores: Education Rule Chapter 51 (2006) bans the sale of foods of minimal nutritional value as defined by federal regulation 7 CFR 210.11 on school property 24 hours a day, seven days a week with exceptions under local school board policy for public events and sales to school staff. This policy effectively eliminates all sodas, candy, gum and many high calorie snack sales in vending machines and school stores. 

Other Food Sales: Education Rule Chapter 51 establishes that any food or beverage sold at any time on school premises for schools participating in the National School Lunch or School Breakfast programs must be a planned part of the total food service program of the school. These food and beverages shall only include items that contribute to the nutritional needs of children and develop desirable food habits and eliminates foods of minimal nutritional value. Revenue from all food and beverage sales on school premises shall be accrued to the benefit of the schools' non-profit school food service program with the exception of the local board's approval of a school or student organization to benefit from the sales. This includes foods and beverages sold at community events, school stores, and in vending machines.

Marketing: Sec. 1. 20-A MRSA 6209 (2005) prohibits advertising on school grounds of foods and beverages other than healthy foods and beverages, as defined by the Department of Health and Human Services.

School Gardening: No state policy.

The State Board of Education and the Department of  Education recommend the following standards for foods and beverages Served Outside the USDA Child Nutrition Programs at Elementary, Middle and High Schools in their Recommendations for all Foods and Beverages Available in Michigan Schools (2010). Standards apply to a la carte and vending. In addition, if classroom parties include food and/or beverages, at least half of the items offered should meet the standards. Fundraising activities should meet the standards, and fundraisers selling foods and/or beverages cannot be held less than 30 minutes before the firstlunch period stards, or less than 30 minutes after the final lunch period ends.

Beverage Standards:

• Water - without flavoring, additives, carbonation or added sugar
• Juice - 100% juice or 100% juice/water blends, with no added sugar (up to 10 oz portion)
• Milk - Low-fat (1%) or fat-free milk (flavored or unflavored) and lactose-free and soy beverages.
• Sports drinks - Should not be available in the school setting. Coaches may determine whether sports drinks are made available to student athletes under allowable conditions to maintain hydration. Beverages such as water, low-fat or fat-free milk, and/or 100% juice should be considered
• Other beverages - Not allowed at the elementary and middle school level. At the high school level, schools may choose to serve caffeinated, fortified, or flavored beverages with less than 5 calories per serving as packaged, up to 20 oz, or 100% juice or 100% juice/water blends wtih carbonation, up to 12 oz.

Competitive Food Standards:

Entrees:
Any entree that is on the daily menu as a part of a reimbursable meal may be served/sold outside of a reimbursable meal in single serving and on that same day only. Calores must be 500 or less, saturated fat less than 6 grams/serving and less than 600 mg/serving of sodium.

Other Foods:

• Fruits, vegetables, whole grains, and related combination products and low-fat and fat-free dairy as packaged.
• 200 calories or less, 35% or less total calories from fat, 10% or less total calories from saturated fat, trans fat free (less than or equal to .5 gm per serving), sugar may not exceed 35% or less total weight, no more than 230 mg sodium as packaged.
• Schools may choose to serve nuts, seeds and reduced-fat cheese in 1 oz portions (exempt from fat and saturated fat standards). Low-fat yougurt can contain no more than 30 grams of total sugars per 8 oz portion.

Vending Machines/School Stores: The Recommendations for all Foods and Beverages Available in Michigan Schools (2010) apply to vending (see above). The Model Local Wellness Policy recommends districts adopt policies where the district superintendent continually evaluates vending policies and contracts.

Other Food Sales: Recommendations for all Foods and Beverages Available in Michigan Schools (2010) apply to a la carte, fundraising and classroom parties (see above).The Model Local Wellness Policy recommends districts adopt policies where the district monitors all food and beverages sold or served to students for nutritional value.

School Gardening: No state policy.

The Healthy Kids Bill (2010) establishes the Healthy Kids Award program to reward K-12 schools that implement policies and practices that create opportunities for students to be physically active and make healthy food choices throughout the school day. The program also seeks to integrate nutrition education and healthy food and beverage choices throughout the school environment, including classrooms, cafeteria, vending, school stores, and fund-raising.The program requirements align with the Institute of Medicine's guidelines for school food and beverages.

Vending Machines/School Stores: No state policy. 

Other Food Sales: No state policy. 

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: No state policy.

School Gardening: No state policy.

Vending Machines/School Stores: The Healthy Students Act (2007) requires the State Board of Education to adopt regulations for food choices, preparation and marketing.  The State Board's Beverage Regulations and Nutrition Standards include the following guidelines. Outside of meal periods, as of the 2008-09 school year, only the following beverage options may be sold through vending, student stores, snack bars and other fundraising programs:

• Bottled water.
• 1% and non-fat miilk and flavored milk, including nutritionally equivalent milk alternatives, with no more than 160 calories per 8 oz serving.
• 100% juice containing at least 10% of the RDV for 3 or more vitamins and minerals, no added sweetners and no more than 120 calories per 8 oz.
• Portion size limit of 8 oz for milk and juice. 

• Bottled water
• No/low calorie beverages no more than 10 calories per 8 oz.
• 100% juice containing at least 10% of the RDV for three or more vitamins and minerals, no added sweeteners and no more than 120 calories per 8 oz.
• Light juices and sports drinks with no more than 66 cal per 8 oz.
• At least 50% of beverages must be water and no/low calorie options.
• Portion size limit of 12 oz for milk, juice, light juice and sports drinks.

• At least 5% of the recommended daily value for three or more nutrients
• No more than 200 calories per package.
• No more than 35% calories form fat with a 7 g maximum, excluding nuts, seeds, peanut and other nut butters, and cheeses.
• No more than 10% calories from saturated and/or trans fat with a 2g maximum, excluding nuts, seeds, peanut and other nut butters, and cheeses.
• No more than 35% added sugar by weight with a 15g maximum, exclusing sugars naturally occurring in fruits, vegetables and dairy.
• No more than 5 g total sugar per ounce for smoothies, yogurt and pudding.
• Must include fruits and vegetables anywhere snack items are sold.

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: No state policy.

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: No state policy.

School Gardening: No state policy.

Vending Machines/School Stores: Statute 79-2,132 (no date available) allows a school store in which students may purchase food, beverages, and personal or consumable items.

The Competitive Foods Policy (2007) restricts the profits from vending machines.  If a vending machine, not operated by a school nutrition program, is open during the meal service period, the profits from that period must go to the school nutrition program.

Other Food Sales: No state policy. 

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: No state policy.

School Gardening: No state policy.

Vending Machines/School Stores: The restrictions in N.J.S.A. 18A: 33-16 (2007) (see above) apply to vending machines and school stores.

Food Sales: The restrictions in N.J.S.A. 18A: 33-16 (2007) (see above) apply to vending machines and school stores.

School Gardening: No state policy.

Vending Machines/School Stores:  6.12.5 NMAC (2006) sets standards for competitive beverages and foods sold to students through vending machines, a la carte sales and fundraisers.  In elementary schools, beverages may not be sold through vending machines until after the last lunch period and may only include 2% or less milk or soy milk and water.  Vending machines at elementary schools may not sell carbonated beverages or food.  Middle schools are limited to the same beverage restrictions, with the addition of 100% fruit juice (no added sweeteners, less than 20 ounces and less than 125 calories/container).  Middle school vending machines may sell nuts, seeds, cheese, yogurt and fruit at all times, and other foods (with nutritional specifications outlined) after the lunch period.  High schools may sell the same beverages as elementary and middle schools, with the addition of fruit juice (at least 50%, not exceeding 20 ounces).  After the lunch period, vending machines may sell sugar-free and caffeine free carbonated drinks, non-carbonated flavored water with no added sweeteners and sports drinks.

Other Food Sales: 6.12.5 NMAC sets standards for competitive beverages and foods sold in a la carte sales and fundraisers.  In the area of a la carte sales, all schools follow regulations follow the same beverage restrictions for vending machines, with the exception of carbonated beverages, sport drinks and flavored water (which are not permitted).  A la carte food items may only be sold during the lunch period, and are restricted as follows:  (1) no more than 400 calories/container/package/amount served, (2) no more than 16 grams of fat/container/package/amount served, with a maximum of 2 grams of saturated fat and trans fat combined and (2) no more than 30 grams of sugar per serving/amount served.  These restrictions do not apply to nuts, seeds, cheese and yogurt.

In the area of fundraisers, two sets of restrictions apply, those during school hours and those outside of school hours.  During school hours, beverages and food products may be sold at any time except the lunch period as long as they abide by the following restrictions.  In elementary schools, food products may not be sold as fundraisers.  Beverages are limited to 2% or less milk, soy milk or water (no carbonated beverages).  In middle and high schools, food and beverage items for fundraisers are subject to the same restrictions as those in vending machines (see above).  Outside of school hours, at least 50% of the choices/offerings for the fundraiser must meet high school vending standards. 

School Gardening: No state policy.

Vending Machines/School Stores: See Other Food Sales.

The Statewide School Wellness Policy (2005) prohibits schools from giving away, selling or using FMNV as an incentive for students or student activities during the school day.

Other Food Sales: The Statewide School Wellness Policy (2005) adopted by the State Board of Education requires the following nutrition guidelines for all foods made available to elementary, middle/junior high and high school students, whether given away, earned, or sold, on the school campus during the school day. 

• No Foods of Minimal Nutritional Value (FMNV) including any carbonated beverages, water ices, chewing gum and certain candies.
• Fat limited to 30% of calories (not including nuts, seeds, fluid milk products containing 2% or less fat, and cheese or yougurt made from reduced-fat, low-fat or fat-free milk).
• Saturated fat limited to 10% of calories.
• Sodium: no more than 600mg/serving.
• Sugars: no more than 35% by weight (not including sugars from fruit and vegetables when used as additives).
• Electrolyte replacement beverages are not allowed in elementary schools and may not exceed 12 ounces for middle/junior and high schools.
• Snacks and beverages must meet portion size limits outlined in the Statewide School Wellness Policy (2005).

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: Education Law 915 prohibits the sale of sweetened soda water, chewing gum, candies of various sorts, water ices (except for those that contain fruit or fruit juices) in public schools from the beginning of the school day until the end of the last scheduled meal period.

School Gardening: No state policy.

Vending Machines/School Stores: ORC 3313.816 (2010) prohibits public or chartered nonpublic schools from permitting the sale of a la carte beverage items other than the following during the regular and extended school day:

Schools with a majority of students in grades K-4 :

• Water
• Low-fat or fat-free milk, including flavored milk, 8 oz or less, with no more than 170 calories/8 oz (until Jan 1, 2014).
• Low-fat or fat-free milk, including flavored milk, 8 oz or less, with no more than 150 calories/8 oz (after Jan 1, 2014).
• 100% fruit juice, or 100% fruit juice and water blend with no added sweeteners, 8 oz or less, with no more than 160 calories/8 oz

Schools with a majority of students in grades 5-8:

• Water
• Low-fat or fat-free milk, including flavored milk, 8 oz or less, with no more than 170 calories/8 oz (until Jan 1, 2014).
• Low-fat or fat-free milk, including flavored milk, 8 oz or less, with no more than 150 calories/8 oz (after Jan 1, 2014).
• 100% fruit juice, or 100% fruit juice and water blend with no added sweeteners, 10 oz or less, with no more than 160 calories/8 oz
  
  Schools with a majority of students in grades 9-12:

• Water
• Low-fat or fat-free milk, including flavored milk, 16 oz or less, with no more than 170 calories/8 oz (until Jan 1, 2014).
• Low-fat or fat-free milk, including flavored milk, 16 oz or less, with no more than 150 calories/8 oz (after Jan 1, 2014).
• 100% fruit juice, or 100% fruit juice and water blend with no added sweeteners, 12 oz or less, with no more than 160 calories/8 oz
• Any beverage of 12 oz or less that contains no more than 66 calories/8 oz.Any size beverage that contains no more than 10 calories/8 oz, including caffeinated beverages and beverages with added sweeteners, carbonation, or artificial flavoring.

At least 50% of the a la carte beverages from the following sources during the regular and extended school day must be water or other beverages containing no more than 10 calories/8 oz: (1) school food service program, (2) vending machine located on school property that does not sell only milk or reimbursable meals, (3) a store operated by the school, a student association or other school-sponsored organization.

Other Food Sales: OAC 3301-91-09 (1979) states that each board of education shall adopt and enforce standards for which foods may be sold in schools. The standards shall include provisions of the types of foods sold in schools and whether they are nutritionally beneficial and enhance the school's nutrition philosophy and curriculum; the time of day and place foods may be sold; and approval through board resolutions for food sales.

School Gardening: No state policy.

Vending Machines/School Stores: Statute 70-5-147 states that students in elementary schools may have access to diet soda with less than 10 calories per bottle, except after school, at evening events, and on special occasions.

Other Food Sales: No state policy.

School Gardening: No state policy.

School Gardening: HB 3601A (2008) requires the Department of Education to establish the Farm-to-School and School Gardening Program. It also requires the Department to to assist schools that participate in the USDA School Lunch and Breakfast Program with utilizing Oregon food products and produce from school gardens and to promote food- and garden-baed eduational activities.

Vending Machines/School Stores: See restrictions under Other Food Sales.

Other Food Sales: HB 2650 (2007) restricts food and beverages sold in a school at all times during the regular or extended school day when the activities in the school are primarily under the control of the school district board.  This includes, but is not limited to, the time before or after classes are in session and the time when the school is being used for activities such as clubs, practice, student government or rehearsal.  HB 2650 (2007) is applicable during the 2008-09 school year, with the exception of entrée and snack items (2009-10 school year).  Standards do not apply to food and beverage items sold as part of the USDA's National School Lunch or School Breakfast Program.

The following restrictions apply to any entrée item that is sold individually:

• No more than 4 grams of fat per 100 calories
• No more than 450 total calories

• No more than 35% of the total calories from fat (not applicable to legumes, nuts, nut butters, seeds, eggs, non-fried vegetables and cheese).
• No more than 10% of total calories from fat (not applicable to nuts, eggs and cheese)
• No more than 35% sugar by weight (not applicable to fruit and vegetables
• No more than .5 grams of trans fat per serving
• No more than 150 total calories if sold in a school in which the highest grade level in the school is grad 5 or less, 180 total calories in which the highest grade level is 6-8, and 200 total calories if which the highest grade level is 9-12.

• Water
• Fruit or vegetable juice (no more than 8 oz for up to grade 5, 10 oz for grades 6-8, and 12 oz for grades 9-12) that is 100% juice with no added sweetners and contains no more than 120 calories per eight ounces.
• Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than 8 oz for up to grade 5 (10 oz for grades 6-8 and 12 oz for grades 9-12) is fat free or low fat and, if flavored, contains no more than 150 calories per 8 ounces.
• No calorie or low-calorie beverages containing no more than 10 calories per 8 ounces (grades 9-12 only)
• A beverage that is not more than 12 oz and contains no more than 66 calories per 8 ounces (grades 9-12 only)

Vending Machines/School Stores: 

Vending Machines: School Nutrition Incentive Program (2007) provides supplemental state reimbursements for every reimbursable breakfast and lunch served in schools that implement the state’s “Nutrition Standards for Competitive Foods in Pennsylvania Schools.” The following vending food/snack standards must be implemented in all identified areas in order for the schools to receive the supplemental state reimbursement.

The following standards apply to all foods offered through vending machines:

• Packages must be in single serving sizes
• Foods of minimal nutritional value may not be available anytime during the school day.
• Items must provide <250 calories per serving.
• Contain <35% of calories from total fat (excluding nuts, seeds, nut butters, and reduced fat cheeses).
• Contain <10% calories from saturated fat (excluding reduced fat cheeses).
• Contain <35% sugar by weight (excluding naturally occurring sugars and low fat yogurts).
• Not contain sugar as the first ingredient
• Provide minimal to no trans fatty acids
• May not be fried
• Fruits or vegetables will be available in at least one food vending area, and in all vendig areas where refrigerated vending is available.

At the elementary level, vending may only offer the following: fruits, vegetables, yogurts, low-fat yogurts and reduced-fat cheeses. Only the following beverages are allowed: plain water, flavored water with no sugars or artificial sweeteners, 100% fruit and/or vegetable juice (8 oz or less), milk (flavored or unflavored) that is 2% fat or less, 8 oz or less, no more than 30 grams of sugar per 8 oz with no artificial sweeteners.

At the middle and high school level, at least 75% of beverages must be:

• Plain water
• Flavored water with no sugars or artificial sweeteners (any size)
• Flavored water with artificial sweeteners (17 oz or less, may not make up more than 25% of water and juice selections)
• 100% fruit and/or vegetable juice (12 oz or less).
• Carbonated beverages with 70-100% pure juice with no added ingredients except water
• Milk (flavored or unflavored). At least 75% of milk offered must be 2% fat or less, 12 oz or less size, no more than 30 grams of sugar per 8 oz, with no artificial sweeteners.
• The other 25% or less of beverages may not exceed 150 calories per package and 35 grams of sugar per package.

School Stores: School Nutrition Incentive Program (2007) provides supplemental state reimbursements for every reimbursable breakfast and lunch served in schools that implement the state’s “Nutrition Standards for Competitive Foods in Pennsylvania Schools.” The following standards for all foods sold in school stores must be implemented in all identified areas in order for the schools to receive the supplemental state reimbursement.

• Packages must be in single serving sizes
• FMNV may not be available anytime during the school day
• Items may not exceed 250 calories per serving
• At least 50% of grains offered will be whole grains.
• Contain < 35% of calories from total fat (excluding nuts, seeds, nut butters, and reduced fat cheeses)
• Contain <10% of calories from saturated fat (excluding reduced fat cheeses)
• Contain <35% sugar by weight (excluding naturally occurring sugars and low fat yogurts)
• Not contain sugar as the first ingredient
• Provide minimal to no trans fatty acids
• Not be fried
• School stores will not sell foods until 30 minutes after the last meal period

At least 75% of beverages must be:

• Plain water
• Flavored water with no sugars or artificial sweeteners (any size)
• Flavored water with artificial sweeteners (17 oz or less in middle or high school only). Artificially sweetened water may not make up more than 25% of water and juice selections
• 100% fruit and/or vegetable juice (8 oz or less for elementary, 12 oz or less for middle/high school
• Carbonated beverages with 70-100% pure juice with no added ingredients except water.
• Milk (flavored or unflavored). At least 75% of milk offered must be 2% fat or less, 8 oz or less in elementary, 12 oz or less in middle/high school, no more than 30 grams sugar per 8 oz), with no artificial sweeteners.
• The other 25% or less beverages cannot exceed 150 calories or 35 grams sugar per package.

Other Food Sales: 

Fundraisers: School Nutrition Incentive Program (2007) provides supplemental state reimbursements for every reimbursable breakfast and lunch served in schools that implement the state’s “Nutrition Standards for Competitive Foods in Pennsylvania Schools.” The following standards for food items sold as fundraisers on school property and available for sale during the school day must be implemented in all identified areas in order for the schools to receive the supplemental state reimbursement.

• Items may not exceed 250 calories per serving
• Packages will be in single serving sizes
• FMNV may not be available anytime during the school day
• Total fat may not exceed 35% of total calories (excluding nuts, seeds, nut butters and reduced fat cheeses).
• Saturated fat may not exceed 10% of the total calories
• Sugar content may not exceed 35% by weight (excluding naturally occurring sugars and low fat yogurts) and added sugar will not be listed as the first ingredient.
• Items will contain  minimal to no trans fatty acid.
• Food items may be available no earlier than 30 minutes after the last meal period of the day

Classroom parties/Holiday Celebrations: School Nutrition Incentive Program (2007) provides supplemental state reimbursements for every reimbursable breakfast and lunch served in schools that implement the state’s “Nutrition Standards for Competitive Foods in Pennsylvania Schools.” The following standards for classroom parties and holiday celebrations must be implemented in all identified areas in order for the schools to receive the supplemental state reimbursement.

Classroom parties will offer minimal minimal amount of foods (maximum 2-3 items) that contain added sugar as the first ingredient and will provide fresh fruits and vegetables and water, 100% fruit juice or milk. Food Service Departments must offer party lists/menus that include food and beverage choices that are moderate in sodium content, provide minimal to no trans fatty acides, provide items that contain >grams of fiber/serving, offer fresh fruits and vegetables, offer water 100% fruit juice or milk as the beverage choices, and do not offer any FMNV.

School Gardening: No state policy.

Other:  School Nutrition Incentive Program (2007) provides supplemental state reimbursements for every reimbursable breakfast and lunch served in schools that implement the state’s “Nutrition Standards for Competitive Foods in Pennsylvania Schools.” Schools receiving the supplemental state reimbursement must comply with the standards, which includes using food as a reward in the classroom. Nutrition Standards for Competitive Foods in Pennsylvania Schools stiupates that food may not be used as a reward for classroom or school activities unless the reward in an activity that promotes a positive nutrition message (i.e., gues chef, field trip to a farm or farmers market, etc.)

Statute 16-2-9(a)(25) (2005) and Statute 16-21-28 (2005) require that the school committee of each school district establish a school health and wellness subcommittee. This subcommittee is charged with making recommendations regarding health education curriculum and instruction, physical education curriculum and instruction, and nutrition and physical activity policies.

Statute 16-7.1-2(h) (2005) requires that all district strategic plans include strategies to decrease obesity, and improve the health and wellness of students and staff through nutrition, physical activity, health education, and physical education.

School Gardening: No state policy.

Vending Machines/School Stores:  Code 59-10-330 requires each school board of trustees to establish health and nutrition policies for its elementary schools aimed at limiting vending sales and sales of food and beverages with minimal nutritional value at any time during the school day except in the case of medical emergency and special occasions celebrated during school hours. This policy does not restrict the food a parent or guardian may provide his child's consumption at school. Code 59-10-340 (2005) mandates that each CSHAC determine which snacks may be sold in vending machines in elementary schools. 

Other Food Sales: State Board of Education Regulation R43-168 (2006) established the following nutrition standards for foods and beverages sold outside of school meals for grades K-5. 

• Low-fat, fat-free and 2% milk, water and 100% juices that do not contain added sweeteners must be available to all students.
• Sodas, soft drinks, sport drinks, punches, iced teas and coffees and fruit-based drinks that contain less than 100% fruit juice or that contain added sweeteners may not be sold during the school day.
• Only water, non-fat, low-fat or reduced-fat milk may be sold in portions larger than 12 ounces.
• Snacks, sweets and side dishes (excluding seeds, nuts, and some cheese) may have no more than 30% calories from fat, less than 10% calories from saturated fat, no more than ~1% calories from trans fat, and no more than 35% added sugars by weight.
• Not sell or serve the following beverages to students until after the last regularly scheduled class: 
  soda, soft drinks, sports drinks, punches, iced teas and coffees, and fruit-based drinks that contain less
  than 100 percent real fruit juice or that contain added sweeteners.

Code 59-10-380 (2005) states that there is no limitation or prohibition on the sale or distribution of any food or beverage item through fundraisers by the students, teachers, or groups when the items are intended for sale off the school campus."

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: No state policy.

School Gardening: No state policy.

Vending Machines/School Stores: Restrictions outlined in Rules of the State Board of Education, Minimum Nutritional Standards for Individual Food Items Sold or Offered for Sale to Pupils in Grades Pre-Kindergarten through Eight (Pre-K-8) 0520-1-6-.04 (2008) (see above) foods and beverages sold in school stores, fund raisers, a la carte, vending machines, snack bars, etc.

Other Food Sales: See Vending Machines/School Stores.

School Gardening: No state policy.

Vending Machines/School Stores: Education Code 28.004 (2003) requires school districts to make available for inspection a statement of whether local policies were adopted that ensure compliance with agency vending machine and food service guidelines and restricting student access to vending machines.

The Texas Public School Nutrition Policy (2010) states that by 2005-06 school year, no more than 30 percent of the beverages made available through vending machines on high school campuses should be sugared, carbonated soft drinks. Sugared, carbonated containers should be limited to no more than 12 ounces. Contracts and contract renewals after March 3, 2004 must expressly prohibit the sale of sugared, carbonated beverages in containers larger than 12 ounces.                                                

Other Food Sales:  The Texas Public School Nutrition Policy (2010) prohibits elementary schools from serving competitive foods (or provide access to them through direct or indirect sales) to students anywhere on school premises throughout the school day until the end of the last scheduled class. Competitive foods are defined as items sold in vending machines, in school stores, or through school fundraisers by parents, administrators or other groups or organizations. This does not pertain to food made available by the school food service department. Elementary schools may allow one nutritious snack per day under the teacher's supervision. The snack may be in the morning or afternoon, but may not be at the same time as regular meal periods. The snack may be provided by a teacher, parent, school food service or other group and should be at no cost to the student. The snack must comply with the sugar and fat limits of the Texas Public School Nutrition Policy (2010) and may not contain any FMNV or dessert types (cookies, cakes, cupcakes, pudding, ice cream or frozen desserts). 

Middle or junior high schools may not serve competitive foods (or provide access to them through direct or indirect sales) to students anywhere on school premises during meal periods. This does not include food items made available by the school food service department. The competitive foods included in this policy do not include FMNVs, which are not allowed until after the last lunch period.

High schools may not serve or provide access to competitive foods during meal periods in areas where reimbursable meals are served and/or consumed. This does not pertain to food items made available by the school food service department. All competitive foods sold or provided to students must meet the nutrition standards of the Texas Public School Nutrition Policy (2010).

Carbonated beverages are not allowed to be provided to students any time, anywhere until after the end of the last scheduled class.

School Gardening: No state policy.

Vending Machines:/School Stores: State Board of Education Rule R277-719-3 (2008) requires each school district and charter school to develop and implement a policy for schools that chose to provide vending machines. The policy must include (1) a requirement that all agreements for vending machines be in writing in a contract form approved by the local board of education or charter school governing board, (2) accepts uses of vending machine income, and (3) generally accepted accounting procedures.

Food Sales: State Board of Education Rule R277-719-4 (2008) requires each school district and charter school to adopt a written policy for the sale of all foods that are not part of the reimbursable lunch, breakfast or after-school snack programs (i.e., vending, a la carte or other food sales). The policy applies to all foods sold anywhere on school grounds during the school day when school is in session in all areas of the school accessible to students. The policy may prohibit the sale of foods of minimal nutritional value and limit all foods to no more than 300 calories per unit. In addition, it may prohibit food based on the following criteria:

• More than 35% total fat (not including nuts, seeds, non-fat and low-fat dairy)
• More than 10% of total calories come from saturated fat (not including nuts, seeds, non-fat and low-fat dairy);
• Presence of trans fats
• Listing caffeine" as an ingredient
• More than 35% of the product is sugar by weight (not including 100% fruit or vegetable juice with no added sugars, fruits, vegetables, nonfat or low-fat milk or yogurt
• Sodium content greater than 200mg per portion (not including 100% fruit or vegetable juice; fruits; vegetables, nonfat or low-fat milk, yogurt or cheese).
• Limit beverage size to no more than 20 ounces.

School Gardening: No state policy.

Code 22.1-207.4 (2010) requires the Board of Education, in cooperation with the Department of Health, to develop nutritional guidelines for all competitive foods sold to students during school hours by December 1, 2011.This shall include guidelines for calorie, fat, sugar and sodium content.  The statute requires the Board to adopt either the Alliance for a Healthier Generation's Competitive Food Guidelines or the Institute of Medicine's Recommended Standards for Competitive Foods in Schools as the intitial statewide standard for competitive foods. Each local school board must adopt the standards as a part of their local wellness policy.

Vending Machines/School Stores: 8VAC20-290-10 and 8VAC20-580-10 (State Board of Education) (1994) prohibit the sale of food items, during the lunch period and from 6:00am through the end of the last breakfast service, for the profit of any entity other than the school nutrition program.

Other Food Sales: 8VAC20-290-10 and 8VAC20-580-10 (State Board of Education) prohibit the sale of food items, during the lunch period and from 6:00am through the end of the last breakfast service, for the profit of any entity other than the school nutrition program.

School Gardening: No state policy.

Vending Machines/School Stores: The Nutrition Guidelines for Competitive Food and Beverage Sales in Schools (2008) as required by Section 16 Act 203 (2008) prohibits selling food from vending machines during meal times.

Other Food Sales: The Nutrition Guidelines for Competitive Food and Beverage Sales in Schools (2008), as required by Act 203 Section 16 (2008) outlines requirements for foods sold outside of reimbursable school meals. The requirements are listed below:

Beverages:

• Bottled water
• 100% fruit or vegetable juice 6 oz elementary, 10 oz middle school, 12 oz high school
• Low or non-fat white or flavored milk 8oz elementary, 10 oz middle school, 12 oz high school
• Drinkable yougart up to 8 oz/150 calories per 8 oz for elementary school, 10 oz/150 calories per 8 oz for middle school, 12 oz/200 calories per 8 oz

Foods:

• Regular and reduced fat cheese, portion size no larger than 1.5 oz
• Fat may not exceed 35% of total calories, with 10% or less saturated fat or equal to or less than 1 gram of saturated fat, 0 grams of trans fat. Exception for nuts, nut butters and seeds
• Sugar limited to 35% by weight and no more than 30 grams/8 oz portion, with the exception of fruits
• No more than 230 mg of sodium with the exception of low fat and fat free dairy products and vegetables with sauce or soups (less than 480 mg).
• Calories for vegetables with sauce and soups - 100 calories for 1 nutrient, 150 for 2
• Calories for snacks - 150 for elementary school, 180 for middle school, 200 for high school

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: RCW 28A.210.360 requires each district board of directors to adopt a policy on access to nutritious foods and developmentally appropriate exercise by August 1, 2005, based on the model policy developed by the Washington state school directors association. This model policy includes addressing the nutrition of foods sold in competition with the federal school breakfast and lunch programs.

RCW 28A.210.365 (2007) states that its a goal of Washington state to ensure that by 2010, "only healthy food and beverages provided by schools during school hours or for school-sponsored activities shall be available on school campuses."  Minimum standards for available food and beverages, except food served as part of a USDA meal program, are:

     (a) Not more than 35% percent of its total calories from fat (excluding nuts, nut butters, seeds, eggs, fresh or dried fruits, vegetables that have not been deep-fried, legumes, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products)
     (b) Not more than 10% of total calories form saturated fat (excluding eggs, reduced-fat cheese, partt-skim cheese, nonfat dairy products, or low-fat dairy products.
     (c) Not more than 35% percent of its total weight or 15 grams per food item shall be composed of sugar, including naturally occurring and added sugar (does not apply to the availability of fresh or dried fruits and vegetables that have not been deep-fried); and
     (d) The standards for food and beverages in this subsection do not apply to low-fat and nonfat flavored milk with up to thirty grams of sugar per serving, nonfat or low-fat rice or soy beverages, or 100% fruit or vegetable juice.

School Gardening: RCW 28A.320.185 (2008) allows school districts to operate school gardens or farms for both educational purposes and, where appropriate, to be offered to students through the district nutrition services meal and snack program.

Vending Machines/School Stores: No state policy.

Other Food Sales: Statute 118.12(4) (2001) allows any person to sell or promote the sale of foods or services on school district property provided that no district employee receives personal benefit that is of any value from the sale. Upon the board entering into a contract with one vendor that gives the exclusive right to sell soft drinks in one or more schools of the district, the contract may not prohibit the sale of milk in any school. The board must further ensure that milk is available to the maximum extent possible.

School Gardening: No state policy.

State Board Policy 4321.1 (2008) prohibits offering food or beverages as an award or using them as a means of punishment or disciplinary action for any student during the school day. 

Vending Machines/School Stores: State Board Policy 4321.1 (2008) encourages county boards of education to minimize marketing of other foods and beverages in the high school setting by locating their distribution in low student traffic areas and by ensuring that the exterior of vending machines does not depict commercial logos of products or suggest that the consumption of vended items conveys a health or social benefit. 

Code 18-2-6a (no date available) requires that soft drinks may not be sold during the school day in areas accessible to students in elementary, middle or junior high school through vending machines, in school stores, school canteens or through fundraisers. In elementary, middle school or junior high school, only healthy beverages may be sold at the aforementioned points of service.  This does not restrict fund-raising activities off school groups.  High schools which permit the sale of soft drinks through vending machines must ensure that 50% of the beverages offered for sale are healthy beverages" and that the machines are located near the vending machines containing soft drinks.  Healthy beverages" are defined as water, 100% fruit and vegetable juice, low-fat milk and other juice beverages with a minimum of 20% juice. Board Policy 4321.1 (2008) reccommends that only water, 100% fruit and/or vegetable juice and non-fat  and/or low-fat milk, flavored or unflavored, be sold, served or distributed during the school day at all levels.

Other Food Sales: Board Policy 4321.1 (2008) requires all other food and beverages (outside of the school meal program) to meet the following requirements.

• No more than 200 calories per product/package
• No more than 35% of total calories from fat, excluding nuts and cheese
• 10% or less of the calories from saturated fat 
• 0.5 grams or less of trans fat per product/package
• No more than 200 milligrams of sodium per product/package
• Limit fruit/vegetable portion sizes to no more than 4 oz fper product/package or elementary and 8 oz for middle/high school students

Board Policy 4321.1 (2008) reccommends that only water, 100% fruit and/or vegetable juice and non-fat  and/or low-fat milk, flavored or unflavored, be sold, served or distributed during the school day. However, Code 18-2-6a (no date available) permits the sale of other juice beverages with a minimum of 20% real juice. Board Policy 4321.1 (2008) also prohibits the following: (1) the sale and/or distribution of coffee and coffee-based products during the school day, (2) the sale, service or distribution of products containing non-nutritive or artificial sweeteners, and (3) caffeine containing beverages with the exception of those containing naturally occurring caffeine substances.

Board Policy 4321.1 (2008) prohibits candy, soft drinks, chewing gum, or flavored ice bars to be sold or served during the school day, except where county boards permit the sale of soft drinks in high schools, per Code 18-2-6a (no date available), but not during breakfast or lunch periods. The policy prohibits the selling of food outside the school nutrition programs in elementary schools from the time the first child arrives until 20 minutes after the last lunch period. Soft drinks may be sold in high schools during the school day provided that equal access to water and 100% fruit or vegetable juice is given. Reduced or low fat milk must also be offered wherever and whenever drinks are sold.

School Gardening: No state policy.

Vending Machines/School Stores: No state policy.

Other Food Sales: No state policy.

School Gardening: No state policy.